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HomeMy WebLinkAboutSD-02-13 - Decision - 0393 Patchen Roadl\ FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON #SD-02-13 Re: Preliminary plat application #SD-02-13 of Williston Property Management to add two (2) dwelling units on a lot with three (3) a mixed use commercial buildings and 1 residential building, 393 Patchen Road. On the 22" d of January 2002, the South Burlington Development Review Board approved the request of Williston Property Management seeking preliminary plat approval under Section 203 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 sketch plan review on 8 January, 2002. 2) The owner of record is Williston Road Property Management, 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 should be required to install signage to implement the proposed traffic circulation. 5) Parking: Required parking is 50 spaces. Shown on the site plan are 47 spaces, two (2) are handicap accessible spaces. The applicant is requesting a 3 space of 6% reduction in parking. Also shown on the plan is a bike rack. 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% (maximum allowed is 30%). The applicant has 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) Norway Maples. Due to the invasive nature of this species of maple, staff has requested this species be replaced with another salt tolerant species of tree. Staff has suggested Serviceberry, Common Hackberry, Sugar Hackberry and Honeylocust `Imperial'. The final plat submittal should include the plantings recommended by staff which equals the minimum requirement. 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 existing and proposed exterior lights and show their location on the plan. All proposed lighting fixtures must be approved by the Director of Planning and Zoning. 9) Dumpsters: Any existing and proposed dumpsters should be shown on the plan. 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) Other: It appears uses have changed on the lot since the last approval on 10/8/96 without zoning permits. This violation must be corrected. 12) Below is a matrix of square footage and uses, showing the changes since 1996.. The applicant should be aware that all of the uses and square footage for these must remain the same from the last approval. This must be remedied before final plat approval is given. Staff recommended that 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 2 Building 3,1996 Ground Control Lndscp (storage) 1,020 sq ft Franks Garage (storage) 864 sa ft Building 3, 2002 Lemieux Security Building 4,1996 Vt. Hemporium 1,020 sq ft 9 1,200 sq ft Rich Barrett (Storage) 2 apartments 864 sq ft 0 600 sq ft /ea 32.09 DECISION AND CONDITIONS Building 4,2002 2 apartments 600 sq ft /ea 1 4 2 apartments 600 sq ft /ea 5 18.2 50.29 Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-02-13 of Williston Road Property 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, as depicted on a two (2) page set of plans, page one (1) entitled "Plat Showing Survey of Property of Frank J. & Anna G. Cota 397 Patchen Road South Burlington, Vermont" prepared by Button Associates., dated 2/1//02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plat plan shall be revised prior to final plat submittal as follows: a) The plat plan shall be revised to include another variety of salt tolerant species of tree other than Norway Maple, Little Leaf Linden or Green Ash, and include a planting schedule. b) The site plan shall be revised to show the location of signage to implement the proposed circulation and parking on the gravel lot. c) The site plan shall be revised to show the location of the proposed new light fixtures. 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 sprinklered 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 a good chance of surviving. 3 6) The final plat application shall be submitted within 12 months. rk Date South 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). 4