HomeMy WebLinkAboutSP-12-41 - Decision - 0250 Quarry Hill Road#SP-12-41
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
QUARRY HILL SENIOR LIVING, LLC — 250 QUARRY HILL ROAD
SITE PLAN APPLICATION #SP-12-41
FINDINGS OF FACT AND DECISION
Quarry Hill Senior Living, LLC, hereinafter referred to as the applicant, seeks to amend a
previously approved plan for a 100-unit assisted living facility. The amendment consists of site
modifications, 250 Quarry Hill Road.
Based on the plans and materials contained in the document file for this application, the
Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant seeks to amend a previously approved plan for a 100-unit assisted living
facility. The amendment consists of site modifications, 250 Quarry Hill Road.
2. The owner of record of the subject property is Quarry Hill Senior Living, LLC.
3. The subject property is located in the Residential 12 Zoning District.
4. The application was deemed complete on August 6, 2012.
5. The plans submitted consists of a two (2) page set of plans, page one (1) entitled "Lodge at
Quarry Hill Assisted Living Facility 250 Quarry Hill Road South Burlington, VT", prepared by
Lamoureux & Dickinson Consulting Engineers, Inc., dated April 16, 2012, and last revised on
7/13/12.
6. The DRB issued final plat approval, which included site plan approval, on 4/20/10 for a 100-
unit assisted living facility with the condition that the applicants obtain a zoning permit
within 6 months pursuant to Section 17.04 of the Land Development Regulations or the
approval is null and void.
7. The applicant applied for and on October 19, 2010, the DRB granted a one (1) year
extension of the permit requirement such that applicant had until 10/20/11 to obtain a
permit.
8. On October 20, 2011, applicant applied for re -approval of the site plan pursuant to Section
14.09(B)(2) of the LDR. By written decision dated October 27, 2011, the Administrative
Officer approved Site Plan application #SP-11-51 (admin site plan) subject to the
requirement that a zoning permit be obtained within 6 months, or no later than April 27,
2012.
9. No one obtained a zoning permit in connection with the subject site plan by April 27, 2012.
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#SP-12-41
CONCLUSIONS OF LAW
Based on the above Findings of Fact and Condition 11 of the Administrative Officer's
Findings of Fact and Decision dated October 27, 2011, approval of the subject site plan
became null and void when the applicant failed to obtain a zoning permit by April 27, 2012.
The South Burlington Land Development Regulations do not grant the Administrative Officer
any authority to approve modifications to a site plan for which there is no valid approval
under the Land Development Regulations.
2. Section 14.09 (B) (2) of the So. Burlington Land Development Regulations (LDRs) allows the
Administrative Officer to re -approve a site plan "if a permit issued by the DRB has expired
within the preceding six months and no changes or alterations of any kind are proposed . .
" (Emphasis added). Applicant already exercised this option when it applied for and the
Administrative Officer re -approved on October 27, 2011, the subject site plan, application
#SP-11-51. The Administrative Officer does not have the authority to reapprove a site plan
if a permit issued by the Administrative Officer has expired within the preceding six months.
There is no authority in the Land Development Regulations for the Administrative Officer to
approve site plan application #SP-12-41.
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby denies Site Plan
Application #SP-12-41 for the following reason:
1. The Administrative Officer does not have the authority to either approve modifications to or
reapprove the site plan for the 100-unit assisted living facility.
Signed on this 4tn day of September 2012 by
aymond J. Belair, Administrative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by
filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of
Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of
this decision.
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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