HomeMy WebLinkAboutSP-10-60 CU-10-08 - Decision - 0102 Allen RoadC1
#SP-10-60
#CU-10-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NFI Vermont, Inc. —100 Allen Road
SITE PLAN APPLICATION #SP-10-60
CONDITIONAL USE APPLICATION #CU-10-08
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:
1) adding five (5) parking spaces, 2) extending sidewalks, and 3) altering traffic flow, 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: 1) adding five (5) parking spaces, 2)
extending sidewalks, 3) altering traffic flow, and 4) other minor site modifications, 100
Allen Road.
The Development Review Board held a public hearing on September 7, 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: 1) adding five (5) parking
spaces, 2) extending sidewalks, 3) altering traffic flow, and 4) other minor site
modifications, 100 Allen Road.
2. The application was received on August 11, 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 August 2, 2010.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
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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#SP-10-60
#CU-10-08
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. The proposed changes are in
keeping with this planned character of the area.
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.
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 modifications 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.
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.
(f) General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
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SITE PLAN REVIEW STANDARDS
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 modifications 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. The buildings are
largely shielded from the roadway. The Board may request more information if they find it
necessary.
(f) 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. The buildings are
largely shielded from the roadway. The Board may request more information if they find it
necessary.
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#SP-10-60
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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.
The proposal does not require any additional access to abutting properties.
(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. Still, the applicant has submitted an adequate landscaping plan.
Access/Circulation
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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#SP-10-60
#CU-10-08
DECISION
Motion by l.� u��� 661�4 seconded by ���f , to
approve Site Plarl Application # P-10-60 and Conditional Use Application 4 CU-10-08 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 — e�l/nay/abstain/not present
Matthew BirmJ—nay/abstain/not
a /nay/abstain/not present
John Dinklag
present
Roger Farleyy/abstain/not
present
Eric Knudseny/abstain/not
present
Gayle Quimbay/abstain/not
present
Bill Stuono —abstain/not
present
Motion carried by a vote of ( - 0 o
Signed this % O day of 2010, by
t
John Dinklag , Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $250.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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