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Home My WebLink AboutSP-14-36 CU-14-09 - Decision - 0020 Harbor View Road#CU-14-09 and #SP-14-36 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING WILLIAM SPALDING. — 20 HARBOR VIEW ROAD CONDITIONAL USE & SITE PLAN APPLICATION #CU-14-09 & #SP-14-36 FINDINGS OF FACT AND DECISION Conditional use application #CU-14-09 & site plan application #SP-14-36 of William Spalding to amend a previously approved 21,012 sq. ft. 62 unit congregate care facility. The amendment consists of expanding the canopy entrance from 145 sq. ft. to 345 sq. ft., 20 Harbor View Road. The Development Review Board held a public hearing on August 19, 2014 and September 2, 2014. William Spalding and Steve Guild represented the applicant. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicant William Spalding seeks conditional use and site plan approvals to amend a previously approved 21,012 sq. ft. 62 unit congregate care facility. The amendment consists of expanding the canopy entrance from 145 sq. ft. to 345 sq. ft., 20 Harbor View Road. 2. The owner of record of the subject property is John Larkin, Inc. 3. The applications were received on June 30, 2014. 4. The subject property is located in the Commercial 2 Zoning District. 5. The plan submitted consists of two pages; page one is entitled "Pillsbury Manor Re -Design of Entrance Canopy, South Burlington, Vermont, Canopy Re -Design, Al" prepared by G4 Design Studios dated June 2, 2014. Zoning District & Dimensional Requirements No meaningful changes are proposed that would impact these requirements. The proposed canopy would be extended to cover current sidewalk / paved space. The Board finds that these requirements are met. 14.06 General Review Standards The following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the City of South Burlington. The Development Review Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable, #CU-14-09 and #SP-14-36 professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design. A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The Board finds that this criterion is met. B. Relationship of Proposed Structures to the Site. (1) 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. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (3) 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 anticipated adjoining buildings. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The Board finds that this criterion is met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) 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. The Board finds that these proposed changes to the entrance and canopy are consistent with these criteria. 14.07 Specific Review Standards A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. #CU-14-09 and #SP-14-36 C. Disposal of Wastes. 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 enciosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. E. Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. No changes are proposed relative to items (A) — (E) above. The Board finds these criteria satisfied. 14.10 Conditional Use Review: General Provisions and Standards E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. 3) Traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. (5) Utilization of renewable energy resources. The Board finds that this project will not affect these five criteria. DECISION Motion by John Wilking, seconded by Bill Miller to approve applications #CU-14-09 and# SP-14-36 of William Spalding subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 3 1 #CU-14-09 and #SP-14-36 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and 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 from the Administrative Officer prior to the use of the canopy entrance. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— ilea nay abstain not present David Parsons— yea nay abstain not present Jennifer Smith — vea nay abstain not present John Wilking — yea nay abstain not present Motion carried by a vote of 4 — 0 — 0 f / l Signed this I-clay_of .f e,- 2014, by Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. 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. 4