The URL can be used to link to this page

Home My WebLink AboutSP-04-20 - Decision - 0004 Berard DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING PA TRICK & TERESEAYER— 4 BERARD DRIVE SITE PLAN #SP-04-20 FINDINGS OF FACT AND DECISION Patrick & Terese Ayer, hereafter referred to as the applicants, are requesting site plan approval to amend a previously approved plan for a 9,868 sq ft mixed use building consisting of auto repair and service use and automobile rental. The amendment consists of. 1) eliminating auto rental use, 2) expanding auto service and repair use within the building to 9,668 sq ft, 3) 200 sq ft of general office use, and 4) adding 11,200 cubic yards of fill to expand parking area, 4 Berard Drive. This project was last reviewed on October 1", 2002. This approval lapsed due to the lack of a zoning permit and revised plans within six (6) months of the approval date. The Development Review Board held a public meeting on June 15, 2004. Patrick Ayer represented the Applicants. 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 l . The applicants are requesting site plan approval to amend a previously approved plan for a 9,868 sq ft mixed use building consisting of auto repair and service use and automobile rental. The amendment consists of 1) eliminating auto rental use, 2) expanding auto service and repair use within the building to 9,668 sq ft, 3) 200 sq ft of general office use, and 4) adding 11,200 cubic yards of fill to expand parking area, 4 Berard Drive. This project was last reviewed on October 1 s , 2002. This approval lapsed due to the lack of a zoning permit and revised plans within six (6) months of the approval date. 2. The owners of record are Patrick and Terese Ayer. 3. The property lies within the Mixed Industrial & Commercial (IC) District. 4. The plans submitted consist of one (1) sheet entitled, "Site Plan for Autobahn Body Works Inc. 4 Berard Drive South Burlington, VT", prepared by Sultan Consulting, dated 2/20/04, last revised on 4/20/04. -1- ,'ONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. DimensionalRequirements IC Zoning District Re wired Proposed Mn. Lot Size 40,000 SF 96,703 SF Max. Building Coverage 40% 1.44% Max. Total Coverage 70% 6.36% Max. Front Yard Coverage 30% 14% Mn. Front Setback 30 ft. 51 ft. Mn. Side Setback 10 ft. 34 ft. Min. Rear Setback 30 ft. 122 ft. zoning compliance 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 9,868 square foot building is existing. According to Table 13-2 of the Land Development Regulations, an automobile and motorcycle sales, service, and repair facility requires two (2) parking spaces for every 1,000 square feet of gross floor area (GFA). The proposed 9,686 square foot building will require twenty (20) parking spaces. The proposed 200 square feet of general office space will require one (1) parking space. Forty-six (46) parking spaces are provided. Pursuant to Table 13-7 of the Land Development Regulations, the subject property will require two (2) handicapped -accessible parking spaces. Only one (1) handicapped -accessible space is provided. During a recent site visit staff noticed that the parking spaces were not striped. These spaces are striped on the plans under review. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking on the subject property currently exists and is located to the side and rear of the existing building. -2- (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 existing building is 20', which is consistent with the development on surrounding properties. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extentfeasible, be underground Pursuant to Section 15.13(E) of the Land Development Regulations, any newly installed utility services and service modifications shall be underground. (e) The DR& 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 subject building currently exists and the applicant has not proposed any changes. 09 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 existing building is consistent with the terrain and the surrounding buildings in the area. 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 emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to create access to the properties that abut the subject property. (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. -3- C (c) All dumpsters and otherfacilities 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 two (2) dumpsters on the site. The plans depict an enclosure for the dumpsters on the northwesterly portion of the subject property. During a site visit, staff noticed that the two (2) dumpsters were not within the enclosed area. (d) Landscaping and Screening Requirements The previous approval for the subject property required the applicant to plant thirty-two pine trees, which are depicted on the plans. The applicant has stated that these costs $2,500 to plant. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage areas must be specified and located in an area that will minimize the potential for run-off. The plans depict adequate snow storage areas. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant is not proposing any changes to the lighting. Access/Circulation Access to the subject property is currently provided by a 20' wide curb -cut on Berard Drive. No changes are proposed. Circulation on the site is adequate. Traffic The proposed minor change of use will not alter the traffic on the subject property. Thus, no additional traffic impacts fees are required. Other During a site visit staff noticed that the storage container depict on the plans to the eastern side of the building in non-existent. In addition, staff noticed that there was some type of trailer to the north of the "edge of gravel", as labeled on the plans. The City Engineer reviewed the plans and provided comments in a memorandum dated June 3, 2004. -4- Section 3.12 of the South Burlington Land Development Regulations establishes the following_ general review standards for all applications requesting approval for the alteration of existing grade: (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this Section 3.12 and Section 3.07, Height of Structures of these Regulations. An application under Section 3.12 shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. The applicant is seeking approval for "as built" conditions, so this is not necessary. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing drainage, and other appropriate measures. The plans shall be revised to clearly indicate that the filled area will be seeded and stabilized with additional top soil, prior to issuance of a zoning permit. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. The applicant shall post a bond, equal to the amount of the cost to seed and top soil the filled area, which shall remain in effect for three (3) years, prior to issuance of a zoning permit. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction grade of the filled area shall be the finished grade, as indicated on the plans dated February 20, 2004. -5- DECISION Motion by Gayle Quimby, seconded by Mark Boucher, to approve Final Plat Application #SD-04-20 of Patrick & Terese Ayer, subject to the following conditions: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to zoning permit issuance. a) The plans shall be revised to depict one (1) additional handicapped accessible parking space, for a total of two (2). b) The plans shall be revised to clearly indicate that the filled area will be seeded and stabilized with additional top soil. 3) The paved parking spaces depicted on the plans shall be striped, prior to issuance of a certificate of occupancy. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) The two (2) dumpsters shall be moved into the designated enclosed area on the northwesterly portion of the property, prior to issuance of a certificate of occupancy. 6) The applicant shall post a $2,500 landscape bond prior to the issuance of the zoning permit. 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. 7) The applicant shall place topsoil and seed the sloped area of fill and post a bond, equal to the amount of the cost to seed and topsoil the filled area, which shall remain in effect for three (3) years, prior to issuance of a zoning permit. 8) All exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. 9) The storage container labeled on the plans shall be placed in the identified location, and any additional storage containers shall be removed from the property, prior to issuance of a certificate of occupancy. 10) The applicant shall obtain a zoning permit within six (6) months of this decision pursuant to Section 17.04 of the Land Development Regulations, or this approval is null and void. 11) The applicant shall obtain a certificate of occupancy from the Administrative Officer prior to the use of the filled area. 12) Any change to the site plan shall require approval by the South Burlington Development Review Board. Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yeWnay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yeWnay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yeWnay/abstain/not present Motion Carried by a vote of 6-0-0. Signed on this /7 day of Tu K-0 , 2004 by -A"'L) e �2'" Gayle Quimby, Clerk Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. If you fail to appeal this decision your right to challenge this decision at some point in the future 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). -7-