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HomeMy WebLinkAboutSP-02-50 - Decision - 0040 San Remo Drive#SP-02-50 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON RE: Findings of Fact, site plan application #SP-02-50 of South Burlington Realty Company to amend a previously approved plan for a 3200 sq. ft. retail building. The amendment consists of converting the building from retail use to general office use, 40 San Remo Drive. On the day of Oct, 2002, the South Burlington Director of Planning & Zoning approved the request of South Burlington Realty Company for site plan review under Section 26.10 of the South Burlington Zoning Regulations, based on the following findings: 1. This project consists of amending a previously approved plan for a 3200 sq. ft. retail building. The amendment consists of converting the building from retail use to general office use. 2. This property located at 40 San Remo Drive lies within the CD4 District and Design District 2. It is bounded on the north by a trucking terminal, on the south by a printing use, on the east by a residence, and on the west by San Remo Drive. 3. Access/circulation: Access is provided by 32 foot curb cut on San Remo Drive. No change proposed. Circulation on the site is adequate. 4. Coverage/setbacks: Building coverage is 17% (maximum allowed is 40%). Overall coverage is 61% (maximum allowed is 90%). Front yard coverage does not apply in this district. 5. The building does not meet the setback requirements, as it is partially located outside of the required building envelope. Alterations to this noncomplying structure are subject to the limitations in Section 26.002 of the zoning regulations. 6. Floor Area Ratio (F.A.U: The floor area ratio is 0.17 (maximum allowed is 0.5). 7. Parking: A total of thirteen (13) spaces are required and 21 spaces including one (1) handicapped space and a bike rack are provided. The parking spaces should be stripped prior to occupancy. 8. Design Review: This property is subject to the City Center Design Review Overlay District Section 24.202 of the zoning regulations. The applicant should go before the Development Review Board to determine whether the Board will require design improvements within six (6) months of this decision. 9. Dumpster: A dumpster storage area is proposed. This dumpster storage area should be screened and so noted on the plan. 10.Traffic: ITE estimates the current use to generate 15.2 vehicle trip ends (vte's) during the P.M. peak hour and the proposed use to generate 5.5 vte's for a 9.7 vte decrease. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Director of Planning & Zoning approves the site plan application of South Burlington Realty Company to convert a 3200 sq. ft. building from retail use to general office use, 40 San Remo Drive, as depicted on a plan entitled, "Site Plan (Existing) 40 San Remo Drive South Burlington Realty Company South Burlington, Vermont," dated 9/25/02, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Director of Planning & Zoning estimates that the change in use will generate no additional vehicle trip ends during the P.M. peak hour. 3. The plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning. Three (3) copies of the approved revised plan shall be submitted to the Director of Planning & Zoning prior to permit issuance. a. The site plan shall be revised to note that the dumpster storage area will be screened. 4. The parking spaces shall be stripped prior to issuance of a Certificate of Occupancy/Compliance. 5. The applicant shall request a review by the Development Review Board under Section 24.202 of the zoning regulations for a determination as to whether the Board will require design improvements due to the change in use. This request shall be made within six (6) months from the date of this decision. 6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board. Dated on October , 2002 at South Burlington, Vermont Juli Beth Hoover Director of Planning & Zoning Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 447r and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $rgo.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).