HomeMy WebLinkAboutCU-10-02 SP-10-14 - Decision - 0102 Allen Road#CU-10-02
#S P-10-14
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NFI VERMONT, INC. -100 ALLEN ROAD
CONDITIONAL USE APPLICATION #CU-10-02
SITE PLAN APPLICATION #SP-10-14
FINDINGS OF FACT AND DECISION
NFI Vermont, Inc., hereafter referred to as the applicant, is seeking conditional use
approval to construct a 1,560 sq. ft. addition to a group home located within 1,000 feet of
another group home, 100 Allen Road.
The applicant is also seeking site plan approval to construct a 1,560 sq. ft. addition to a
group home on a property with two (2) other group homes, 100 Allen Road.
The Development Review Board held a public hearing on March 2, 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 conditional use approval to construct a 1,560 sq. ft. addition
to a group home located within 1,000 feet of another group home, 100 Allen Road.
The applicant is also seeking site plan approval to construct a 1,560 sq. ft. addition to a
group home on a property with two (2) other group homes, 100 Allen Road.
2. The application was received on February 8, 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, "Allen Road Group Home Planting Plan", prepared by
T.J. Boyle Associates, LLC, dated 2/3/2010.
Pursuant to Section 13.12 of the South Burlington Land Development Regulations, "any
group home proposed to be located within 1,000 linear feet in any direction of another
existing or permitted group home shall be reviewed by the DRB as a conditional use."
The standards are as follows:
CONDITIONAL USE CRITERIA
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Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. 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.
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 Board finds that the
proposed expansion is in keeping with this planned character of the area. -
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The existing use and proposed expansion is for a group home. Proposals for new or
expansions to existing group homes within 1000 sf other group homes require
conditional use review.
3. 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 proposed addition is barely over 1000 SF, 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 addition 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.
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(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
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 addition 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 and expansion are both 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 did not submit elevations of the proposed addition. However, the Board
does not have any concern that these criteria will be met, or if unmet, will cause any
visual disruptions. The buildings are largely shielded from the roadway.
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(t) 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 did not submit elevations of the proposed addition. However, the Board
does not have any concern that these criteria will be met, or if unmet, will cause any
visual disruptions. The buildings are largely shielded from the roadway.
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.
It is not necessary to 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. -
As already stated, 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.
OTHER
Pursuant to 13.12B, Group Homes shall also be reviewed under the supplemental
review standards in Section 14.11(C)(3). This includes, in summary, providing a copy of
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licensing, operating certificates, correspondence between the applicants and the State of
Vermont with respect tot the facility, and projected social and economic integration
plans.
The applicant submitted the following information to address the above criteria:
a. At this time NFI does not have an approved license from the State of Vermont for the
location at 100 Allen Road, S. Burlington, VT. We have notified the state of our intent to
move our program to this location and will comply with all requirements and
recommendations to ensure licensure for a Residential Child Care Facility License. We
currently hold a license with the Department of Children and Families for our current
location at 486 Main Street, Winooski, VT.
b. All of the correspondence with the state has been verbal up to now regarding the new
location
c. The proposed program to occupy the Site will be a 6-7 bed short-term Mental Health
crisis stabilization program that serves Vermont adolescents between the ages of 10 and
18. The average length of stay is 7-10 days. The youth are screened by local mental
health screeners. The youth has to be determined to be in the midst of a mental health
crisis and in the need of stabilization, assessment and treatment planning. The clinical
oversight and supervision is provided by a licensed Psychiatrist, a licensed Psychiatric
Nurse and a Licensed Mental Health Counselor. They are supported by Bachelors level
residential counselors. The staff to client ratio is 3:6.
d. The clients served in this program do not have any community involvement, so no
additional requirements are necessary.
e. See the map attached with the site plan.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Conditional Use
Application #CU-10-02 and Site Plan Application #SP-10-14 of NFI Vermont, Inc. 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 provide the Administrative Officer with a copy of the approved
license from the State of Vermont for the group home which is being expanded prior
to the issuance of a Certificate of Occupancy for the addition.
4. 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.
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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/abstain of present
Matthew Birmingh — yea/nay/a S.
ain/ of present
John Dinklage a nay/abstain/not present
Roger Farley y nay/abstain/not present
Eric Knudsen — nay/abstain/not present
Gayle Quimb a nay/abstain/not present
Bill Stuono — ye /nay/abstain/not present
Motion carried by a vote of -6 -0
Signed this c:;), day of / 2i 2010, by
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John Dinklage, thairman
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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