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Home My WebLink AboutSP-10-32 - Decision - 0010 Dorset Street#SP-10-32 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GREER FAMILY, LLC —10 DORSET STREET SITE PLAN APPLICATION #SP-10-32 FINDINGS OF FACT AND DECISION Greer Family LLC, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building under an umbrella permit. The amendment consists of: 1) installing a subsurface remediation system, and 2) seeking a two (2) space parking waiver, 10 Dorset Street. The Development Review Board held a public hearing on Tuesday, July 6, 2010. Jory Curran represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes and decides the following: FINDINGS OF FACT 1) The applicant is seeking site plan approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building under an umbrella permit. The amendment consists of: 1) installing a subsurface remediation system, and 2) seeking a two (2) space parking waiver, 10 Dorset Street. 2) The owner of record of the subject property is Greer Family LLC. 3) The subject property is located in the Commercial 1 (Cl) Zoning District. 4) The application for this project was received on June 22, 2010. 5) The plan submitted is entitled, "Greer Family, LLC 10 Dorset Street South Burlington Vermont", prepared by Michael Dugan, Architect, dated 12/6/06, last revised on 9/17/08. -1- I:\Development Review Board\Findings_Decisions\2010\greer_sp1032_ffd.doc #SP-10-32 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements Commercial 1 Zoning District Requirement/Limitation Proposed �1 Min. Lot Size 40,000 SF 1.35 acres Max. Building Coverage 40% 26.5% ♦ Max. Total Coverage 70% 81.8% �l Min. Front Setback 50 ft. 40-50 ft �1 Min. Side Setback 10 ft. >10 ft �1 Min. Rear Setback 30 ft. >30 ft ♦ Pre-existing non-compliance The applicant is proposing to locate a system of soil remediation components in two (2) 8x20 foot trailers and shipping containers near the northeast corner of the property. The proposed location is currently one of the few areas of green space on the property. As the property already exceeds the allowable area of impervious surface on site, no additional amount of impervious surface may be added. At minimum, there must be a replacement of and equal amount of pervious surface elsewhere on the property. The applicant is proposing to fill two paved parking spaces with topsoil. The simple addition of topsoil over a paved surface will not constitute a pervious surface. Planning and Zoning Staff has spoken with the South Burlington Stormwater Superintendent who concurs. He advocates for removal of the pavement here, with the location to be seeded with a grass mix. He has stated that if the Board does not impose the removal of the asphalt, at the very minimum the additional topsoil should function at least at the level of a green roof, with a minimum of 6 inches of soil, proper system of drainage of water, proper plantings, and properly contained with curbing. The site currently exceeds the impervious coverage limitations of the district and the addition of more impervious surface should be met at the very least with an equal square footage of pervious surface that functions as true pervious surface. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. In accordance with current tenants and uses, the site requires 50 parking spaces. There is 4,536 square feet of vacant space. Should the vacant space be used for the most intense use of retail, 23 additional spaces will be required. -2- hDevelopment Review Board\Findings_Decisions\2010\greer_spl032_ffd.doc #SP-10-32 The site provides for 73 parking spaces, which would meet the requirement should the vacant space be filled with retail use. However, with the proposed location of fill on parking spaces, two spaces would be lost. Therefore, the applicant is requesting a two -space, or 2.7% parking waiver. The applicant has submitted a parking count which states that their parking spaces are never fully used. The Board supports this waiver provided that, as stated above, the spaces which are lost are indeed used as appropriate and functional pervious space. Future uses of the building shall be limited by this number. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Given the minor changes proposed in this application, no changes to the parking are warranted. (c) 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 adjoining buildings. The height of the building will remain unchanged and below 35 feet. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes to the existing buildings are being proposed as part of this application which should require new utility services. However, if any are proposed, they shall be in compliance with this criterion. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project does not fall within a design review district. However, there is no change proposed to the architecture or materials of the building. (fl 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. See comments above. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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 of collector street, to provide additional access for -3- I:\Development Review Boa rd\Findings_Decisions\2010\greer_sp1032_ffd.doc #SP-10-32 emergency or other purposes, or to improve general access and circulation in the area. There are already sufficient shared accesses to this site via surrounding properties. No additional changes are necessary. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) 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 enclosure(s). There are no changes proposed to the existing trash facilities. The existing facility is screened. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no new minimum landscaping requirements. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. Adequate snow storage areas are shown on the plans. Traffic The site is located in Traffic Overlay District 1 and shall be subject to a traffic budget. The property shall be grandfathered for the existing traffic generation. Based on ITE 7tn Edition trip generation figures, the existing site is estimated to generate 2.71 trip ends per 1,000 SF for a total of 42.3 p.m. peak vehicle trip ends. This is in excess of the amount which would be allowed for a vacant lot in the same overlay district. Therefore, the site shall not be permitted to generate more than 42.3 PM peak vehicle trip ends. Umbrella Approval The site has an existing umbrella approval for the following uses: ■ Personal service ■ Print shop ■ Radio/TV studio ■ Restaurant- short order and standard ■ Retail ■ Tavern/Night club -4- FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\greer sp1032 ffd.doc #SP-10-32 ■ Indoor recreation facility ■ Artist production studio ■ Convenience Store- 3000 SF or less ■ Indoor Theater ■ General Office ■ Hospice ■ Municipal Facility ■ Personal Instruction Facility ■ Place of Worship There are no problems with the previously approved uses, recognizing that they will each be subject to the limitations on traffic and parking resulting from the site. DECISION Motion by Gavle Quimby, seconded by Roger Farley, to approve Site Plan Application #SP-10-32 of Greer Family LLC 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3) The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a) The site plans shall be revised to show the conversions of parking spaces #11 & 24 and the parking aisle inbetween to permanent greenspace. 4) The Board recognizes that the above ground remediation structures are temporary and will not require any additional approval or permit for their removal. 5) The Board grants a two (2) space or 2.7% parking waiver for a total of 71 spaces provided. 6) The site shall be limited to 42.3 PM peak hour vehicle trip ends during the p.m. peak hour. 7) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or approval is null and void. 8) The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the remediation structures. 9) Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. -5- FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\greer sp1032_ffd.doc I #SP-10-32 Mark Behr e nay/abstain/not present Matthew Birmingham — yea/nay/abstain of present John Dinklage ay/abstain/not pre Roger Farley — ay/abstain/not present Eric Knudsen —S.nay/abstain/not ay/abstain/not present Gayle Quimb present Bill Stuono —"nay/abstain/not present Motion carried by a vote ofC�- Signed this / � day of 2010, by John Dinklage, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $250.00. 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 VSA 4472 (d) (exclusivity of remedy; finality). -6- FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\greer_spl032 ffd.doc