Loading...
HomeMy WebLinkAboutSP-22-022 - Decision - 1717 Williston Road#SP-22-022 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SEAN FITZGERALD – 1717 WILLISTON ROAD SITE PLAN APPLICATION #SP-22-022 FINDINGS OF FACT AND DECISION Sean Fitzgerald, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 10,950 sq. ft. retail building. The amendment consists of 1) constructing a 4,978 sq. ft. building addition for warehouse use, and 2) landscaping modifications, 1717 Williston Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a previously approved plan for a 10,950 sq. ft. retail building. The amendment consists of 1) constructing a 4,978 sq. ft. building addition for warehouse use, and 2) landscaping modifications, 1717 Williston Road. 2. The owner of record of the subject property is Malone 1717 Williston Road Properties, LLC. 3. The subject property is located in the Commercial 1 – Airport Zoning District (C1-AIR) with both Traffic and Transit Overlay zoning designations. There is also a small area of the back lot that is within Habitat Block Overlay district. 4. The application was received on April 29, 2022. 5. The plan submitted is titled, “1717 Williston Road”, prepared by O’Leary-Burke Civil Associates, PLC, dated 04/20/2022. DIMENSIONAL REQUIREMENTS Industrial-Commercial Zoning District Required Proposed Ö Min. Lot Size 40,000 S.F. No change Ö Max. Building Coverage 40% 26.2 % Ö Max. Overall Coverage 70% 58.7 % Ö Max. Front Yard Coverage 30% 29.8 % Ö Min. Front Setback 30 ft No change Ö Min. Side Setback 15 ft. No change Ö Min. Rear Setback 30 ft. No change Ö Max. Building Height (flat roof) 35 ft. 14 ft. Ö Zoning Compliance #SP-22-022 - 2 - SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. Stormwater 6. Pursuant to Section 13.05 A(2) of the Land Development Regulations (LDR), this project is exempt from the provisions of 13.05 as it does not add any additional impervious area and proposes to decrease overall impervious from 63.8% to 58.7% through the reclamation of 1,077 sq. ft. of parking area. The Administrative Officer finds this criterion is met. Environmental Protections 7. A small segment along the back property line of the parcel is within a Habitat Block Overlay district. The proposed addition does not disturb this area. Pursuant to Section 12.04 B(2), this project is exempt from the provisions of 12.04 as it is located within a 50-foot horizontal distance of a principal building existing on the same parcel as of the effective date of the LDR. The Administrative Officer finds this criterion met. 8. A portion of the rear area of the parcel appears to fall within a possible wetland buffer area. Pursuant to Section 12.06 B the Wetland Protection Standards are not applicable as the applicant’s Civil Engineer provided a statement that “the likely Class II wetland located at the toe of the slope behind the subject parcel is located approximately 85’ from the closest disturbance proposed. For this reason, we believe we are meeting the 50’ wetland buffer standards required in the SB commercial districts.” The Administrative Officer concurs with this assessment and finds these criteria are not applicable. Bicycle Parking 9. Pursuant to Section 13.03(B) of the LDRs, bicycle parking shall be provided on the subject property. A total of four (4) bicycle parking spaces (bps) are required for this application. An approved type inverted “U” rack can accommodate two (2) bikes. Under this amendment, the applicant will be required to provide 50% of their total short-term bicycle parking spaces (bps) requirement per Section 13.03 B. The site plan does not indicate that there are any bicycle parking spaces provided. The Administrative Officer finds that the applicant must provide parking for four (4) bicycles near the main entrance. Bicycle parking spaces must meet the requirements of 13.03 and Appendix G. Disposal of Wastes 10. Per Section 14.07 C, all dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The provided plans do not show any area designated for waste disposal. The Administrative Officer finds that the applicant must amend the plans to show a compliant facility for disposal of wastes. #SP-22-022 - 3 - Snow Storage 11. Per Section 13.04(B)(7), “snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface water.” Snow Storage areas are not noted on the plan. The Administrative Officer finds that the applicant must amend the plans to show snow storage areas. Landscaping 12. Per Section 13.04, Table 13-4, the applicant is required to provide landscaping with a landscape budget amount of 3% of the first $250,000 or construction/improvement cost, then 2% of the next $250,000. The addition has a cost of $350,000. Based on that cost, the applicant is required to provide $9,500 of additional landscaping. The applicant proposes to reclaim approximately 1,077 SF of paved area in the front yard to create a planting bed. They propose to install nine (9) Witchhazel trees and five (5) yew shrubs. The City Arborist reviewed the plans on June 17 and June 20, 2022 and offers the following comments. It looks like the area where they’re planting Witch Hazel is all old parking lot so they will have to reduce compaction and either replace or amend the soil to make it suitable for planting. Four inches of topsoil really isn’t adequate to support shrub growth over the long term. I’d suggest at least 12 inches (possibly less if there is actual soil and not subbase under the existing pavement). I haven’t seen recent prices for nursery stock but $1000 planted cost seems like it might be high. The Administrative Officer finds the applicant must modify the plans to address the comments of the City Arborist prior to issuance of a zoning permit. They further find that the applicant must substantiate the cost of plantings prior to issuance of a zoning permit. Planting cost shall not include the cost of necessary soil amendments. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-022 of Sean Fitzgerald, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. Prior to issuance of zoning permit, the plans must be revised to show the changes below: a. The plans shall be revised to show parking for four (4) bicycles near the main entrance. Bicycle parking spaces must meet the requirements of 13.03 and Appendix G and include a specification for rack type within the plans. #SP-22-022 - 4 - b. The applicant must amend the plans to show a compliant facility for disposal of wastes and include a specification for how the dumpster will be screened within the plans. c. The applicant must amend the plans to show snow storage areas. d. The applicant must amend the plans to provide for reduced compaction, soil replacement or amendment, and twelve (12) inches of topsoil. 4. The applicant must substantiate the cost of the plantings prior to issuance of a zoning permit. 5. Prior to issuance of a zoning permit, the applicant must post a landscaping surety for $9,500 in plantings in accordance with the methodology in LDR 15.15B. This surety shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the 4,978 sq.ft. addition. 7. Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this _21_ day of June, 2022 by Dalila Hall, Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.