HomeMy WebLinkAboutCU-02-07 SP-02-23 - Decision - 1100 Dorset Street (2)#CU-02-07 & #SP-02-23
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Site plan and conditional use applications #SP-02-23 and #CU-02-07 of Vermont
Community Botanical Garden to amend a site plan for a 4,500 square foot building and
associated gardens. The amendment consists of the construction of three (3) accessory
structures with dimensions of 8'x 10', 8'x 12', 4'x 4' for a non-profit organization whose
primary purpose is the provision of educational or research services related to agriculture,
horticulture, forestry, natural resources preservation, the arts and recreation, 1100 Dorset
Street.
On the 7t' of May 2002, the South Burlington Development Review Board approved the
request of Vermont Community Botanical Garden seeking site plan. use approval under
Section 26.10, and conditional use approval under Section 26.05, of the South Burlington
Zoning Regulations based on the following findings:
1) This project consists of a request for permission to construct three (3) accessory
structures with dimensions of 8'x 1.0', 8'x 12', 4'x4' for a non-profit organization whose
primary purpose is the provision of educational or research services related to
agriculture, horticulture, forestry, natural resources preservation, the arts and recreation.
2) The owner of record is the City of South Burlington.
3) This property located at 1100 Dorset Street lies within the Park and Recreation District.
It is bounded on the north by the Swift Street, on the east by undeveloped land owned by
Jeff Davis, on the south by Park Road, and on the west by Dorset Street.
CONDITIONAL USE CRITERIA:
4) The proposed project complies with the stated purpose of the Park and Recreation
District "in order to provide for and to protect recreational use and/or open space in
municipal parks, beaches, natural areas and other land owned by the City or annexed
to the City by option, lease or easement", and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity —the proposed use is not expected to
affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of renewable energy
resources to be affected.
f) general public health and welfare - no adverse effect expected.
SITE PLAN CRITERIA:
The only issues affecting this application are parking, landscaping, and traffic.
5) Parking: There is no expected increase in the need for parking with the proposed
buildings.
6) Traffic: There is no expected increase in traffic with the proposed buildings.
7) Landscaping; The minimum landscape requirement based on construction cost cannot
be determined because the applicant stated the materials and labor will be donated.
The site plan indicates the new accessory structures are located in an extensive garden.
Staff felt a landscaping credit should be given for the proposed project.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan and conditional use applications #CU-02-07 and #SP-02-23 of the
Vermont Community Botanical Garden to construct three (3) accessory structures with
dimensions of 8'x 10', 8'x 12', 4'x4' for a non-profit organization whose primary
purpose is the provision of educational or research services related to agriculture,
horticulture, forestry, natural resources preservation, the arts and recreation., as depicted
on a three (3) page set of plans, page one (1) entitled, "Site Plan VCBG Grandma/Grandpa
Garden", as prepared by T.J. Boyle and Associates, dated 3/2/02, with the following
stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) Pursuant to Section 26.105 (a) of the zoning regulations, the Board grants a credit
for existing landscaping and other site improvements other than tree planting.
3) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates the accessory structures
will generate zero (0) additional vehicle trip ends during the P. M. peak hour.
4) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer before use of the three (3) structures.
1) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
2
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South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. If you fail to appeal this decision, your right to challenge this decision at some fixture time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V S.A. § 4472(d)
(exclusivity of remedy; finality).