HomeMy WebLinkAboutSD-02-31 - Decision - 0397 Patchen Road#SD-02-31
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Final plat application #SD-02-31 of Williston Road Management Co., LLC to add
two (2) dwelling units to a two (2) family dwelling on a lot developed with three (3)
mixed use commercial buildings and an accessory structure, 397 Patchen Road.
On the 41' of June 2002, the South Burlington Development Review Board approved the
request of Williston Road Management Co., LLC for final plat approval under Section
204 of the South Burlington Subdivision Regulations based on the following findings:
1) This project consists of adding two (2) dwelling units to a two (2) family dwelling
on a lot developed with three (3) mixed use commercial buildings and an accessory
structure. This project was last reviewed for preliminary plat approval on 19 March,
2002.
2) The owner of record is Williston Road Management Co., LLC.
3) This property located at 397 Patchen Road lies within the R4 District. It is
bounded on the north and west by undeveloped land, on the east by Patchen Road and
on the south by single family residences.
4) Access/Circulation: Access is provided by two (2), thirty foot wide (30'), ingress
and egress curb cuts. The driveway and parking area is gravel, the applicant is
required to install signage to implement the proposed traffic circulation.
5) Parking: The parking requirement is 50 spaces (please review the table below).
Shown on the site plan are 47 spaces, two (2) are handicap accessible spaces. This
represents a 3 space or 6% shortfall. A bike rack is shown on the plat plan.
6) Coverage/Setback: Building coverage is 22.4% (maximum allowed is 20%).
Overall coverage is going down to 82.7% (maximum allowed is 40%). Front yard
coverage is going down to 63.3% from 78.4% (maximum allowed is 30%). The
applicant improved the overall coverage and front yard coverage totals.
7) Landscaping: The minimum landscaping requirement based on construction costs
is $750. The applicant proposed three (3) Common Hackberry. The minimum
landscaping requirement is met.
8) Lighting_ All existing floodlights should be removed and/or replaced with
downcasting shielded fixtures approved by the Director of Planning and Zoning. The
applicant should provide details (cut sheets) for all proposed exterior lights for
approval prior to installation.
9) Dumpsters: No dumpster storage areas are proposed.
10) Impact Fees: The applicant was made aware that school, road, recreation, and fire
protection impact fees are required for the additional dwelling units pursuant to the
South Burlington Impact Fee Ordinance.
11) South Burlington Fire Department: The applicant must comply with all
recommendations by the Fire Chief, therefore the apartments shall have sprinklers
and fire alarms.
12) Other: It appeared uses changed on the lot since the last approval on 10/8/96
without zoning permits. This violation must be corrected.
Below is a matrix of square footage and uses, showing the changes since 1996. The
applicant was made aware all of the uses and square footage for these must remain
the same from the 1996 approval.
The applicant stated at preliminary plat review the uses were returned to those from
the 1996 approval, yet the plat plan still shows inconsistencies. Staff recommended
any approval be conditioned on the property being in conformance with the zoning
regulations prior to the issuance of a zoning permit for the two (2) additional dwelling
units.
Building 1, 1996
Building 1, 2002
parking
Building 2, 1996
Building 2,2002
parking
J and P Electric
J and P Electric
Frank Cota (Ight
Frank Cota (Ight
(repair)
(repair)
manfctering)
mnfctrng)
2
1060 sq. ft.
3736 sq ft
12.45
900 sq ft
900 sq ft
Bob Beauchemin
Williston RD Prprty
Williston RD Prprty
(retail)
Mngmnt (office)
Frank Cota (storage)
Mngmnt (office)
3736 sq ft
1600 sq ft
6.4
900 sq ft
900 sq ft
3.6
Creative Touch
Williston RD Prprty
Williston RD Prprty
(repair)
Mngmnt (office)
Black Tie (storage)
Mngmnt (office)
1600 sq ft
1060 sq ft
4.24
450 sq ft
450 sq ft
1.8
Patchen RD TV
Loomis Property
Repair
Mngmnt (office)
450 sq ft
450 sq ft
1.8
Banners Unlimited
(retail)
Loomis (storage)
900 sq ft
900 sq ft
0
Tae Kwon Do
Tae Kwon Do
(school)
(school)
1,800 sq ft
1,800 sq ft
shared
Building 3,1996
Building 3, 2002
Building 4,1996
Building 4,2002
2
Ground Control
Lndscp (storage)
Lemieux Security
Vt. Hemporium
2 apartments
1,020 sq ft
1,020 sq ft
9
1,200 sq ft
600 sq ft /ea
Franks Garage
Rich Barrett
(storage)
(Storage)
2 apartments
2 apartments
864 so ft
864 sa ft
0
600 sa ft /ea
600 so ft /ea
132.09
DECISION AND CONDITIONS
Based on the above Findings of Fact, South Burlington Development Review Board
approves final plat application #SD-02-31 of Williston Road Management Company,
LLC to add two (2) dwelling units to a two (2) family dwelling on a lot developed with
three (3) mixed use commercial buildings and an accessory structure, 397 Patchen Road,
as depicted on a plan entitled "Patchen Road Complex South Burlington Vermont",
prepared by Llewellyn -Howley, Inc., dated 1/16/02, last revised on 4/8/02, with the
following stipulations:
l . All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. Prior to issuance of a Certificate of Occupancy for the additional dwelling units,
all existing flood lights shall be removed or replaced with downcasting shielded
fixtures approved by the Director of Planning & Zoning.
3. Prior to issuance of a zoning permit for the two (2) additional dwelling units, the
uses in buildings #1 #2, and #3 shall be the same as those shown on the plan
approved October 8, 1996.
4. The apartment building shall be sprinkled and fire alarms installed, unless
amended by the Fire Chief.
5. Prior the issuance of a zoning permit for the two (2) additional dwelling units, the
applicant shall post a $750 landscaping bond. This bond shall remain in effect for
three (3) years to assure that the landscaping has taken root and has good chance
of surviving.
6. Pursuant to Section 26.256 (b) of the zoning regulations, the Board approves a
total of 47 spaces which represents a three (3) space or a 6% shortfall.
7. Any change to the final plat plans shall require approval of the South Burlington
Development Review Board.
8. The final plat plan, survey plat and site plan shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall be signed by the
Board Chair and Clerk prior to recording.
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C r r �k Date
S Burlington 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.RC.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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