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HomeMy WebLinkAboutSP-13-48 - Decision - 0025 Palmer Court#SP-13-48 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALAN & CHRISTINE PALMER — 25 PALMER COURT SITE PLAN APPLICATION #SP-13-48 FINDINGS OF FACT AND DECISION Alan & Christine Palmer, applicants, seek to amend a previously approved plan for a 6,160 sq. ft. auto service and repair facility with 10 storage trailers. The amendment consists of: 1) after -the -fact approval for outside storage & storage trailers, and 2) site modifications resulting from a reduction of the lot size, 25 Palmer Court. The Development Review Board held a public hearing on October 15, & November 5, 2013. Alan Palmer represented the applicants. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Alan & Christine Palmer, applicants, seek to amend a previously approved plan for a 6,160 sq. ft. auto service and repair facility with 10 storage trailers. The amendment consists of: 1) after -the -fact approval for outside storage & storage trailers, and 2) site modifications resulting from a reduction of the lot size, 25 Palmer Court. 2. The owners of record of the subject property are Alan and Christine Palmer. 3. The subject property is located at 25 Palmer Court, in the Mixed Industrial - Commercial Zoning District. 4. The application was received and deemed complete on August 30, 2013. 5. The hearing was held on October 15 and November 5, 2013, with individual site visits by several Board members in between hearings. 6. The plan submitted is entitled, "Alan Palmer 25 Palmer Court South Burlington, VT", prepared by Trudell Consulting Engineers, and dated 08/05/13. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lot 3, owned by Alan Palmer (#25 Palmer Court, Marshall Tire) Mixed Industrial & Commercial Zoning District Required Proposed Min. Lot Size 40,000 SF 64,040 SF Max. Building Coverage 40 % 9.6 % Max. Overall Coverage 70 % 66 % 4Max. Front Yard Coverage 30 % 52 % Min. Front Setback 30 ft. -48 ft. Min. Side Setback 10 ft. -16 ft. Min. Rear Setback 30 ft. -56 ft. Max. Building Height 35 ft. <35 ft. � zoning compliance + Pre-existing non -compliant 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. The Board finds that the project is compliant with this standard. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located to the side of the building. Based upon a requirement of 2 spaces per 1,000 SF of space and a 6,100 SF building, thirteen (13) spaces are required. Thirteen (13) spaces are provided, one of which is handicap accessible. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A new bike rack is proposed for placement at the front of the building. (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. No new buildings are proposed. The height of the existing building is approximately 20 ft. (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 utility services or service modifications are proposed. (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, no changes are proposed to the architecture or materials of the building, nor to landscaping, buffers or screens. (f) 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. The building is existing, and no changes are proposed, nor warranted. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board finds no need to reserve land for these purposes. (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). The existing dumpsters are located against the building, and will be 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 No new buildings or new activities are proposed that will have an effect on traffic. 13.05 Outdoor Storage and Display A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application. (2) The Development Review Board may require that outdoor storage areas in connection with commercial or industrial uses be enclosed and/or screened where the storage area may comprise an attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where the Board finds that said storage areas are in view of residentially -zoned parcels. Given site -specific location, zoning, and circumstances, the relative invisibility of the property from off site, and the fact that there are no residentially -zoned lands or uses in the vicinity, the Board finds that the property as it is presently used and maintained does not create any needs at this time for screening or housing of the tires. The Board accepts the existing uses and site plan as presented, including the storage trailers and outdoor storage areas as shown on the site plan. Any material changes to this plan that give rise to new and unforeseen impacts may require further review in the future. DECISION Motion by Bill Miller, seconded by David Parsons, to approve site plan application #SP-13-48 of Alan and Christine Palmer, as described above, as proposed in the application documents, and subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full force and 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 applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations, or this approval is null and void. Before that permit may be issued, applicant shall submit a digital copy of the final site plan in PDF format. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer to confirm that site improvements as offered, accepted, and required (including, but not limited to, enclosing the dumpster and installing a new bicycle rack) are complete. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present The application was approved by a vote of 4 — 0 - 1 A, Signed thislid f 2013, by Tim Barritt; Clerk Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermonteudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.