HomeMy WebLinkAboutCU-02-08 SP-02-21 - Decision - 0001 Kennedy Drive#CU-02-08 & #SP-02-21
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Site plan application #SP-02-21 and conditional use application #CU-02-08, of
Kennedy Drive Investments. The project consists amending a previously approved site
plan consisting of 18,000 square feet of medical and general office space. The
amendment consists of converting 1,000 square feet of general office space to an
educational use (Tae-Kwon-Do), 1 Kennedy Drive.
On the 7 h of May 2002, the South Burlington Development Review Board approved the
request of Kennedy Drive Investments 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) The project consists amending a previously approved site plan consisting of 18,000
square feet of medical and general office space. Request is for permission to convert
1,000 square feet of general office use to educational use (Tae-Kwon-Do).
2) The owner of record is Kennedy Drive Investments.
3) This property located at 1 Kennedy Drive lies within the R7 and C. O. Districts. It is
bounded on the north by Kennedy Drive, on the west by Dorset Street and on the
south and east by Potash Brook.
CONDITIONAL USE CRITERIA:
The proposed project complies with the stated purpose of the Residential 7 District "to
encourage high -density residential use... Offices and specified other commercial uses
may be permitted within the district in locations that have direct access to arterial and
collector streets and that will not adversely affect residential properties." 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:
4) The only issues affecting this application are parking and traffic.
5) Parking: Required parking for this property is 75 spaces and four (4) accessible spaces.
The applicant is proposing 84 spaces including three (3) accessible spaces. The plan
needs to show one more accessible space. The plan needs to show a bike rack.
6) Traffic: There are no expected changes to vehicle trip ends.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan and conditional use applications #CU-02-08 & #SP-02-21 of Kennedy
Drive Investments. The project consists amending a previously approved site plan
consisting of 18,000 square feet of medical and general office space. The amendment
consists of converting 1,000 square feet of general office space to an educational use
(Tae-Kwon-Do), as depicted on a plan, entitled, "I Kennedy Drive Kennedy Drive &
Dorset Street South Burlington, VT Site Plan", as prepared by O'Leary -Burke Civil
Associates, PLC, dated 3/12/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) For the purposes of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the change in use will
generate zero (0) additional vehicle trip ends.
3) The plan shall be revised to show the change below and shall require approval of the
Director of Planning and Zoning (hereinafter Director). Three (3) copies of the
approved revised plan shall be submitted to the Director prior to permit issuance.
a. The site plan shall be revised to show one (1) additional accessible space.
4) The applicant shall obtain a zoning permit for the change in use within six (6)
months pursuant to Section 27.302 of the zoning regulations of this approval is null
and void.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the newly converted space.
6) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
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Chai Date
So uffington 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 future time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V SA. § 4472(d)
(exclusivity of remedy; finality).
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