HomeMy WebLinkAboutSP-10-77 - Decision - 0102 Allen Road#SP-10-77
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NFI Vermont, Inc. —100 Allen Road
SITE PLAN APPLICATION #SP-10-77
CONDITIONAL USE APPLICATION #CU-10-10
FINDINGS OF FACT AND DECISION
NFI Vermont, Inc, hereafter referred to as the applicant, is seeking conditional use
approval to amend a previously approved group home use. The amendment consists of
expanding the length of the handicapped ramp, 100 Allen Road.
The applicant is also seeking site plan approval to amend a previously approved plan for
a group home. The amendment consists of expanding the length of the handicapped
ramp, 100 Allen Road.
The Development Review Board held a public hearing on November 16, 2010. Chuck
Myers represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The Applicant is seeking site plan and conditional use approval to amend a previously
approved plan for a group home. The amendment consist of expanding the length of the
handicapped ramp, 100 Allen Road.
2. The application was received on October 27, 2010.
3. The owner of record of the subject property is NFI Vermont Inc.
4. The subject property is located in the Allen Road Zoning District.
5. The plan submitted is entitled "NFI Allen Road Planting and Site Plan," prepared by
T.J. Boyle Associates, LLC, dated February 3, 2010, last revised on 10/27/2010.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following_ standards:
6. The proposed use, in its location and operation, shall be consistent with the planned
character of the area as defined by the City of South Burlington Comprehensive Plan.
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The Allen Road Zoning District encourages residential land uses which exist compatibly
with light commercial, light industrial, and other non-residential uses. Residential uses
are encouraged at high densities, up to 12 units per acre. Staff finds that the proposed
changes are in keeping with this planned character of the area.
7. The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
The existing use and proposed changes is for a group home. Proposals for new or
expansions to existing group homes within 1000 sf other group homes require conditional
use review.
8. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
The proposal is in keeping with the character of uses on surrounding properties and will
not adversely affect the character of the area or the ability to develop adjacent properties.
The use is already in existence without any complaints or problems, and the single family
look and feel of the property is below allowable densities and creates less impact than the
allowed commercial uses in the zoning district. Therefore, the proposed site modification,
lengthening the handicap access ramp, will not have a significant or adverse impact on
the planned character of the area.
(c) Traffic on roads and highways in the vicinity.
The proposal will not affect traffic in the vicinity.
(d) Bylaws in effect.
Again, this use must be regulated as a conditional use as it falls within 1000 sf of another
group home.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
( General public health and welfare.
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The proposal will have no adverse affect on general public welfare or the health of the
surrounding public.
SITE PLAN REVIEW STANDARDS
9. Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure to
site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The proposed project will not have an impact on the transition from structure to site and
from structure to structure. The proposed site modification will be compatible with the
existing structures. Adequate walkways will be provided from parking areas to the
buildings. The SBLDR's require one space per bedroom plus two spaces. Even if each
occupant were to have their own bedroom, the parking requirement is being met with the 18
spaces provided on site.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is located entirely to the side and rear of the building.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and existing or
adjoining buildings.
The existing building is below the height limitations for the district.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
The applicant has not submitted changes to the elevations of the building. However, criteria
will be met, or if unmet, will not cause any visual disruptions. The buildings are largely
shielded from the roadway. More information may be requested if needed.
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09 Proposed structures shall be related harmoniously to themselves, the terrain, and
to existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
The applicant has not submitted changes to the elevations of the building. However, criteria
will be met, or if unmet, will not cause any visual disruptions. The buildings are largely
shielded from the roadway. More information may be requested if needed.
10. Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
Additional access to abutting properties is not necessary at this time.
(b) Electric, telephone and other wire -served utility lines and service connections
shall be underground Any utility installations remaining above ground shall be
located so as to have a harmonious relation to neighboring properties and to the
site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines
shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
There are no needs to revise the site plan with respect to this criterion. The existing
dumpster is screened.
(d) Landscaping and Screening Requirements
Because the subject use is treated as a single family residence, there are no requirements for
additional landscaping.
Access/Circulation
11. Access and circulation on the property will remain unchanged through the proposed
project. There is a separate ingress and egress, each unidirectional. There is sufficient
access around the building.
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DECISION
Motion by WI&—, seconded byio'l'z� flwz- , to
approve Site Pl n Application AP- and Conditional Use Application # U-10-10
of NFI Vermont, Inc. — 100 Allen Road subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to the use of the site modifications.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/a!ZLeaay/abstain/not
i not present
Matthew Birmingham present
John Dinklage — ay/abstain/not present
Roger Farley — e ay/abstain/not present
Gayle Quimby — e ay/abstain/not present
Michael Sirotkin — yea/nay/abstai not present
Bill Stuono —&nay/abstain/not present
Motion carried by a vote of 5-- D - D
Signed this day of2010, by
John Dinklage, Chairman
Please note: An appeal of tfri—s decision may be taken by filing, within 30 days of the date of this decision, a
notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See
V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington
Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P.
5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontiudiciarv.org/GTC/environmental/default.aspx for more information on filing requirements,
deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for
this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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