HomeMy WebLinkAboutCU-04-19 SP-04-55 - Decision - 0142 Kindness CourtCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
HUMANE SOCIETY OF CHITTENDEN COUNTY
CONDITIONAL USE APPLICATION #CU-04-19
SITE PLAN APPLICATION #SP-04-55
FINDINGS of FACT AND DECISION
Humane Society of Chittenden County, hereinafter referred to as the applicant, is
seeking conditional use approval and site approval to amend a previously approved plan
for a 16,700 sq ft animal shelter. The amendment consists of creating a 7,257 square
foot fenced -in supervised dog play area, 142 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 and site approval to amend a
previously approved plan for a 16,700 sq ft animal shelter. The amendment
consists of creating a 7,257 square foot fenced -in supervised dog play area, 142
Kindness Court.
2. The subject property has been reviewed as a conditional use in the past. Thus,
any changes to the property must also be reviewed as a conditional use. The
proposed project will increase the overall coverage on the subject property from
16.38% to 19.71 %, which well within the allowable limits (70%) for overall
coverage in the Commercial 1 Zoning District
3. The 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 633 Queen City Park Rd Site Plan
w/Fencing South Burlington, VT 05403", prepared by Brad Rabinowitz Architect,
dated July 10, 2000, last revised 12/21/04.
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CONDITIONAL USE CRITERIA
Section 14.10(E) of the South Burlington Land Development Regulations establishes the
following review standards for all conditional use applications:
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 not in conflict with the planned character of the area.
The proposed use shall conform to the stated purpose of the district in which the
proposed use is to be located.
The proposed project is not in conflict with the stated purpose of the Commercial 1
Zoning District.
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
Educational facilities will not be affected by the proposed project.
(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 adversely affect the character of the area or the
Commercial 1 Zoning District, or the ability to develop adjacent properties.
(c) Traffic on roads and highways in the vicinity.
The proposed project will not have any significant impacts on traffic in the vicinity.
(d) Bylaws in effect.
The proposed project is in keeping with bylaws and regulations in effect.
(e) Utilization of renewable energy resources.
The proposed project will not affect renewable energy resources.
(f) General public health and welfare.
The proposed project will not have an adverse affect on general public health and
welfare.
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Motion by MA 44 046' Erb , seconded by CAL 9 OQ(W 6t to
approve Conditional Use Application #CU-04-19 and Site Ian Application #S -04-55 of
Humane Society of Chittenden County, 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, as amended by this decision, and on file in the South Burlington
Department of Planning & 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/Compliance from the
Administrative Officer prior to use of the fenced -in dog play area.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chuck Bolton — e nay/abstain/not present
Mark Boucher — ea nay/abstain/not present
John Dinklage — nay/abstain/not present
Roger Farley — e ay/abstain/not present
Michele Kupersmith — ea/nay/abstain of prese
Larry Kupferman —.�e�nay/abstain/not presen
Gayle Quimby — nay/abstain/not present
Motion carried by a vote of (� - 0 - O
Signed this I day of February, 2005, by
John Dinklage, 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).
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