HomeMy WebLinkAboutCU-06-01 SP-06-06 - Decision - 0060 0142 Kindness CourtCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HUMANE SOCIETY OF CHITTENDEN COUNTY - KINDNESS COURT
CONDITIONAL USE APPLICATION #CU-06-01
SITE PLAN APPLICATION #SP-06-06
FINDINGS OF FACT AND DECISION
Humane Society of Chittenden County, hereafter referred to as the applicant, is seeking
conditional use approval under Section 14.10, Conditional Use Review, of the South
Burlington Land Development Regulations. The request is to allow an 1150 sq. ft.
existing structure to be used as a caretaker residence and storage for an animal shelter,
60 and 142 Kindness Court.
The applicant is also seeking site plan approval to amend a previously approved plan for
a 10,240 sq. ft. building used for animal shelter use. The amendment consists of
retaining an existing 1150 sq. ft. building for a caretaker residence and storage for the
animal shelter, 60 and 142 Kindness Court. The Development Review Board held a
public hearing on March 7, 2006. Brad Rabinowitz 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
The applicant is seeking conditional use approval under Section 14.10,
Conditional Use Review, of the South Burlington Land Development Regulations.
The request is to allow an 1150 sq. ft. existing structure to be used as a
caretaker residence and storage for an animal shelter. The applicant is also
seeking site plan approval to amend a previously approved plan for a10,240 sq.
ft. building used for animal shelter use. The amendment consists of retaining an
existing 1150 sq. ft. building for a caretaker residence and storage for the animal
shelter, 60 and 142 Kindness Court.
2. The subject property is located in the Commercial 1 — Residential 15 (C1-R15)
Zoning District.
3. The owner of record of the subject property is the Humane Society of Chittenden
County.
4. The plans submitted with this application consist of a two (2) page set of plans,
page one (1) entitled, "Humane Society of Chittenden County Site Plan 633
Queen City Park Rd South Burlington, VT 05403" prepared by Krebs & Lansing
Consulting Engineers, Inc., dated 7/10/00, last revised on 7/1/02.
Zoning & Dimensional Requirements
Table 1. Dimensional Requirements
C1 Zonin district
IF -Required
Proposed
Min. Lot Size
40,000 SF
180,974 SF
Max. Building Coverage
40%
3.25%
Max. Overall Coverage
70%
16.83%
Min. Front Setback
30 ft.
>30 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
Front Yard Coverage
30%
21 %
zoning compliance
CONDITIONAL USE CRITERIA
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 proposed project is consistent with the planned character of the area, as defined by
the Comprehensive Plan.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The proposed project is consistent with the stated purpose of the Commercial 1 Zoning
District, which is "to encourage the location of general retail and office uses in a manner
that serves as or enhances a compact central business area. Other uses that would
benefit from nearby access to a central business area, including clustered residential
development and small industrial employers, may be permitted if they do not interfere
with accessibility and continuity of the commercial district. Large -lot retail uses,
warehouses, major industrial employers, and incompatible uses shall not be permitted.
Planned Unit Developments are encouraged in order to coordinate traffic movements,
promote mixed -use developments, provide shared parking opportunities, and to provide
a potential location for high -traffic generating commercial uses. "
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 proposed project will not adversely affect municipal services.
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(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 proposed project will not have an adverse affect on the character of the
neighborhood or zoning district that this property falls within.
(c) Traffic on roads and highways in the vicinity.
The proposed project will not adversely affect traffic on roads and highways in the
vicinity.
(d) Bylaws in effect.
The proposed project is in keeping with applicable regulations. The definition of animal
shelter, an allowed use in the district, includes language that provides for the
establishment to "have either or both of educational component or a residence, occupied
by a household with at least one person employed full or part time in caretaking capacity
for the facility, as an accessory use or additional principal permitted use on the site. " In
order for the property to remain in compliance with the applicable bylaws, the residence
on the property shall be dedicated in perpetuity to occupation by a person in the
caretaking capacity described above.
(e) Utilization of renewable energy resources.
The proposed project will not affect renewable energy resources.
(t) General public health and welfare.
The proposed project will not have an adverse affect on general public welfare.
SITE PLAN REVIEW STANDARDS
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations
proposed conditional use shall meet the following standards:
(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 has been planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe pedestrian
movement.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The existing parking spaces meet this requirement.
(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 structure is 21' tall, which is in compliance with Section 3.07 of the Land
Development Regulations.
(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.
This requirement is being met.
(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.
This requirement is being met.
(g) 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 easements as part of the proposed
project.
(h) 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,
services, and service modifications shall be underground.
(i) 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).
The plans depict an adequately screened dumpster on the subject property.
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(j) Landscaping and Screening Requirements
The required landscaping on the subject property was incorporated into the last approval.
DECISION
Motion by LQ Qq0A6 , seconded by 4lfW b14 /U , to
approve Conditional Use Applic, tion #CU-06-01 and Site Plan Application #SP-06-06 of
the Humane Society of Chittenden County, subject to the following conditions:
1. All approvals and stipulations, which are not superseded by this approval, shall
remain in full effect.
2. This project shall be completed as shown on the plans submitted by the
applicant, as amended by this decision, and on file in the South Burlington
Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plans shall
be submitted to the Administrative Officer prior to permit issuance.
a. The site plan and landscape plan shall be revised to include the amendments
to the site plan approved as part of site plan application #SP-04-55.
4. The residence on the subject lot shall be inhabited only by a household with at
least one person employed full or part time in caretaking capacity for the animal
shelter facility. The applicant shall provide the Administrative Officer with proof
that this requirement is being met for each caretaker in residence.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
6. All existing exterior lighting at the caretaker residence shall be removed and/or
replaced with downcasting shielded fixtures approved by the Administrative Officer
prior to installation. Details of the replacement light fixtures (cut -sheets) shall be
submitted prior to issuance of a zoning permit for the caretaker residence.
7. 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.
8. The applicant shall obtain a Certificate of Occupancy from the Administrative
Officer prior to the use of the caretaker residence. Prior to issuance of the
Certificate of Occupancy, the applicant shall have the premises inspected and
approved by the City's Health Officer.
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9. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr —yea/nay/abstain not present
Matthew Birmingham —Qastain/not
nay/a s ain not present
Chuck Bolton —gen
nay present
John Dinklage /nay/abstain/not present
Roger Farley —
/abstain/not present
Larry Kupfermannay/abstain/not present
Gayle Quimby — present
Motion carried by a vote of 6, - & - 6>
Signed this day of 2006, by
John DinkTage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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).
M