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Home My WebLink AboutSP-04-54 CU-04-18 - Decision - 0060 Kindness CourtCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING HUMANE SOCIETY OF CHITTENDEN COUNTY SITE PLAN APPLICATION #SP-04-54 CONDITIONAL USE APPLICATION #CU-04-18 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 and Site Plan approval. The request is to amend a previously approved plan for a 16,700 square foot building for animal shelter use. The amendment consists of retaining an existing building for use as a single family dwelling (caretaker cottage), 60 Kindness Court. The Development Review Board held a public hearing on February 1, 2005. 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 and Site Plan approval. The request is to amend a previously approved plan for a 16,700 square foot building for animal shelter use. The amendment consists of retaining an existing building for use as a single family dwelling (caretaker cottage), 60 Kindness Court. 2. This property is currently in violation for occupying the animal shelter without a Certificate of Occupancy (CO). The CO could not be issued because of noncompliance with the last site plan approval. This application is an attempt to correct the violation. 3. The subject property is located in the Commercial 1 (Cl) Zoning District. 4. The owner of record of the subject property is Humane Society of Chittenden County. 5. The plans submitted 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 Brad Rabinowitz Architect, dated July 10, 2000, last revised on 7/1/02. - 1 - 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 not 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. (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 not in keeping with applicable regulations. Single-family dwelling units are not a permitted or conditional use in the C1 Zoning District. The applicant's attorney submitted a letter suggesting that the dwelling unit is an integrated part of an animal shelter, and not a second principal use or accessory use. There is no basis for a -2- single family dwelling (caretaker home) being part and parcel of an animal shelter use. In addition, the definition of "animal shelter" in the Land Development Regulations does not include a single family caretaker home as part of the use. (e) Utilization of renewable energy resources. The proposed project will not affect renewable energy resources. (0 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, the r)roaosed 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 proposed structure is 21' tali, 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. -3- (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. 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. (j) Landscaping and Screening Requirements The required landscaping on the subject property was incorporated into the last approval DECISION -SITE PLAN Site Plan Application #SP-04-54 of Humane Society of Chittenden County is hereby approved. The following and members voted in favor: it Chuck Bolton A Z, Mark Boucher John Dinklage 1i�2 Roger Farley Michele Kupersmith Larry Ku ferma Gayle Quiroy DECISION - CONDITIONAL USE Conditional Use Application #CU-04-18 of Humane Society of Chittenden County is hereby denied. The following Board members voted to support the decision to deny the �lic�tion: Chuck Bolton Z,�,Xe Z�- g L — Mark Boucher John Dinklage -5- V Roger Farley Michele Kupersmith Larry Kupferman Gayl7puimby Signed this"'day of February, 2005 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). 91-V