HomeMy WebLinkAboutSP-01-02 - Decision - 0090 Allen Roadl
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
#SP-01-02
Re: Findings of Fact, site plan application #SP-01-02 of John Larkin, Inc. to amend a previously
approved site plan for an 81 unit congregate housing facility. The amendment consists of: 1) adding
a 3,200 square foot common area for congregate care use, 2) minor landscaping changes, 3) minor
elevation changes, and 4) a height waiver of three feet eight inches, 90 Allen Road.
On the 6th of February, 2001, the South Burlington Development Review Board approved the site
plan application of John Larkin, Inc. under Section 26.10 of the South Burlington Zoning
Regulations based on the following findings:
1. This project consists of amending a previously approved site plan for an 81 unit congregate
housing facility. The amendment consists of 1) adding a 3,200 square foot common area for
congregate care use, 2) minor landscaping chances, 3) minor elevation changes, and 4) a height
waiver of three feet eight inches, 90 Allen Road.
2. The owner of record of this particular property is John Larkin, Inc.
3. This property is within the Commercial Two and Bartlett Brook Watershed Protection Overlay
Districts. It is bounded on the north by two (2) congregate housing facilities, on the east by a group
home, on the west by a commercial building, and on the south by Allen Road.
4. Coverage/Setbacks: Coverages will not change as a result of the proposed project.
5. Building Height: The applicant requested a three foot eight inch height waiver for the proposed
building which is proposed to rise to an overall height of 43 feet 8 inches. This is a pitched roof
structure which under Section 25.113 (a) of the zoning regulations have a maximum height limit of
40 ft. Under Section 25.113 (b) of the Zoning regulations, the DRB may approve an increase in
height for a residential structure up to 45 ft. if the Board determines that a taller structure:
(i) will utilize topography and will relate to other existing and proposed structures so as to
be aesthetically compatible with the neighborhood;
(ii) will not detract from scenic views of adjacent properties or public streets and walkways;
and
(iii) will allow retention of additional green space that will enhance the appearance of the
developed property.
Section 25.113 (d) of the zoning regulations requires additional setbacks for taller structures.
The building must have a front setback of no less than 43 feet eight inches, a 17 foot side yard
setback, and 33 foot eight inch rear yard setback. These setbacks are being met.
6. Landscaping: The minimum landscaping requirement, based on building costs of $450 is not
being met. Staff recommended a landscaping waiver as the site is already well landscaped.
7. Lighting: No changes were proposed.
8. Parking: No additional parking spaces will be required as the expansion will not result in
additional staff or units of housing.
9. Traffic: No additional traffic is expected as no additional units of congregate housing are
proposed.
10. Sewer: No additional sewer allocation is necessary.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
site plan application #SP-01-02 of John Larkin, Inc. to amend a previously approved site plan for an
81 unit congregate housing facility. The amendment consists of. 1) adding a 3,200 square foot
common area for congregate care use, 2) minor landscaping changes, 3) minor elevation changes,
and 4) a height waiver of three feet eight inches, 90 Allen Road, as depicted on a four (4) page set of
plans, page one (1) entitled, "Site Plan Allenwood Phase III South Burlington Vermont", prepared by
Rabideau Architects, dated 12/10/98, last revised on 1/4/01, with the following stipulations:
All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The fourth floor shall be sprinklered and include a fire alarm.
3. Pursuant to Sections 25.113(b) and (d) of the zoning regulations, the South Burlington Development
Review Board approves the taller structure within the development as follows: maximum height of
43 feet 8 inches. It is the Board's opinion that the criteria under Sections 25.113(b) and (d) are
being met for the taller structure.
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4. Pursuant to Section 26.105(a) of the Zoning Regulations, the Development Review Board grants a
landscaping credit of $450.
5. 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.
6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to occupancy of the newly constructed space.
7. Any change to the site plan shall require prior approval by the South Burlington Development
Review Board.
Chair or Clerk
South Burlington Development Review Board
Date
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 future 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).
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