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Home My WebLink AboutSP-97-0000 - Decision - 0016 Harbor View Roada�J FINDINGS OF FACT & DECISION STATE OF VERMONT .� a pp� COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of John Larkin, Inc. to construct a 4-story 48 unit congregate housing facility on a 1.02 acre parcel, 16 Harbor View Road. On the llth day of February, 1997, the South Burlington Planning Commission approved the request of John Larkin, Inc. for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of constructing a 4-story 48 unit congregate housing facility on a 1.02 acre parcel. The applicant must obtain a conditional use permit from the ZBA for the proposed use. 2. This property located at 16 Harbor View Road lies within the C2 and Bartlett Brook Watershed Protection Overlay District. It is bounded on the north by Harbor View Road, on the east by a congregate care facility, on the south by a congregate care facility and an industrial building, and on the west by a light manufacturing facility. 3. Access/circulation: Access will be provided by a 20 foot curb cut on Harbor View Road. Circulation on the site is adequate. 4. Coverage/setbacks: Building coverage is 22.8% (maximum allowed is 30%). Overall coverage is 51.3% (maximum allowed is 70%). Front yard coverage is 16.5% (maximum allowed is 30%). Setback requirements are met (see building height discussion below). 5. Parking: A total of 26 parking spaces are required and 29 spaces including four (4) handicapped spaces are available. A bike rack will be provided as required under Section 26.253(b) of the zoning regulations. 6. Landscaping: The minimum landscaping requirement based on building costs, is $23,000 which is not being met. Proposed landscaping is $7693 short of the requirement. Proposed plantings include Littleleaf Linden, Maple, Ash, Birch, Pine, Dogwood, Lilac, Rhododendron, and Burning Bush. 7. The applicant is seeking a partial landscape waiver in exchange for construction of the recreation path from Harbor View Road to Allen Road. Staff supported construction of the path as does the recreation path committee. The path should be 9 feet wide and built to City standard. 8. Sewer: The sewer allocation being requested is 5064 gpd. There is currently no sewer allocation available at the Bartlett Bay Wastewater Treatment Facility. The allocation requested will be placed on a waiting list until such time as allocation becomes available. The applicant will be required to pay the per gallon fee at that time. 9. Building height: The proposed building exceeds the 40 foot height limitation by five (5) feet. Section 25.113(c) of the zoning regulations allows the Planning Commission to approve a non- residential structure with a height in excess of the limitations "provided the Commission determines that a taller structure: (i) will not affect adversely the essential character of the neighborhood or district in which the property is located; (ii) will not detract from the important scenic views from adjacent public roadways and other public rights -of -way." 10. In addition to the above criteria, Section 25.113(d) of the zoning regulations requires that for each foot of additional height above the normal 40 foot maximum, all front and rear setbacks shall be increased by one (1) foot and all side yard setbacks shall be increased by I foot. The additional setback requirements are being met. 11. Section 25.113(e) of the zoning regulations requires that the request for approval of a taller structure shall include the submittal of plans showing the elevations and architectural design of the structure, existing grade, post -construction grade, and height of the structure. These plans have been submitted. The applicant will be required to abide by the approved elevations. 12. Bartlett Brook Watershed Protection Overlay District: This property is located within the Bartlett Brook Watershed Protection Overlay District and is subject to the standards in Section 23.10 of the zoning regulations. The applicant submitted the applicable information to Nelson, Heindel and Noyes for inclusion into the City's stormwater hydrology computer model. The results were not available for the meeting. 13. Traffic: ITE estimates that this facility will generate 8.16 vehicle trip ends (vte's) during the P.M. peak hour. The applicant was made aware that the road impact fee is $0. 14. Sidewalk: The applicant is proposing a sidewalk along that portion of the property's frontage which lies east of the access drive. In lieu of constructing this sidewalk,the applicant has agreed to construct the bike path from Harbor View Road to Allen Road. A sidewalk exists along Harbor View Road. 2 15. Lighting: Proposed exterior lighting consists of the following: --- four (4) 100 watt high pressure sodium lamps with downcasting shielded fixtures mounted on 18 foot poles. --- 16 building mounted lights of two (2) types, type 1 is a 13 watt fluorescent and type 2 is a 70 watt metal halide, both have downcasting shielded fixtures. 16. Dumpster: A screened dumpster storage area will be provided. DECISION & CONDITIONS Based on the above Findings of Fact, the the South Burlington Planning Commission approves the site plan application of John Larkin, Inc. to construct a 4-story, 48 unit congregate housing facility on a 1.02 acre parcel, 16 Harbor View Road, as depicted on a five (5) page set of plans, page one (1) entitled, "Allenwood Phase II Lot 6 Bartlett Property, Harbor View Road South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated January 29, 1997 last revised 2/7/97, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plan shall be revised prior to issuance of a zoning permit to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised site plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show the entrance drive radii concrete curb extended to the Harbor View Road curb. b) The site plan shall be revised to show no frontage sidewalk along Harbor View Road. c) The site plan shall be revised to show the proposed recreation path 9 feet wide. 3. Pursuant to Section 26.105(a) of the zoning regulations, the Planning Commission grants a $7693 landscaping credit. 4. The applicant shall post a $16,000 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 5. As expressly represented by the applicant, the applicant shall construct the bike path from Allen Road to Harbor View Road. This 3 path shall be nine (9) feet wide and built to City standard. This bike path shall be constructed prior to occupancy of the building. 6. For the purpose of calculating required road impact fees under the South Burlington Impact. Fee Ordinance, the Planning Commission estimates that the proposed congregate housing facility will generate 8.16 vehicle trip ends during the P.M. peak hour. 7. A sewer allocation of 5064 gpd is approved. The applicant shall pay the per gallon fee prior to issuance of a zoning permit. There is currently no sewer allocation available at the Bartlett Bay Wastewater Treatment Facility. The allocation requested shall be placed on a waiting list until such time as allocation becomes available. 8. Pursuant to Section 25.113(c) of the zoning regulations, the Planning Commission allows the proposed building to exceed the forty ( 40 ) foot height limitation by five ( 5 ) feet. The Commission has determined that the taller structure: a) will not affect adversely the essential character of the neighborhood or district in which the property is located; b) will not detract from the important scenic views from the adjacent public roadways and other public rights -of -way; and c) will meet the additional setbacks required by Section 25.113(d) of the zoning regulations. The design of the building shall be in accordance with the elevation depicted on the plans entitled "End Elevation, Allenwood Phase II," sheets A-5 and A-6•, prepared by Gregory T. Rabideau Architect, dated 2/6/97. Any significant change to these plans shall require approval by the Planning Commission. 9. All new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 10. The results of Nelson, Heindel and Noyes stormwater hydrology computer model for this site shall be submitted prior to permit issuance. All recommendations of the study shall be incorporated into the site plan with approval from the City Engineer. 11. The applicant shall obtain a zoning permit for the building within six (6) months of the date sewer allocation for the project becomes available, pursuant to Section 27.302 of the zoning regulations, or this approval is null and void. 4 12. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 13. Any change to the site plan shall require approval by the South Burlington Commission. Chairman o er South Burlington Planning Commission 19, Dat 5