HomeMy WebLinkAboutSP-10-86 DR-10-06 - Decision - 0050 San Remo Drive#SP-10-86
#DR-10-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SPOTLIGHT ON DANCE - 50 SAN REMO DRIVE
SITE PLAN APPLICATION #SP-10-86
DESIGN REVIEW APPLICATION #DR-10-06
FINDINGS OF FACT AND DECISION
Spotlight on Dance, hereafter referred to as the applicant, is seeking site plan review to
amend a previously approved plan for a 5,250 sq. ft. building used for personal
instruction use. The amendment consists of: 1) allowing the use of 2,900 sq. ft. of the
building for cultural facility use when that space is not being used for personal instruction
use, and 2) adding a new emergency door on the north side of the building, 50 San
Remo Drive.
The Development Review Board held a public hearing on February 15, 2011. Tim
Barden represented the applicant.
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
1. The applicant is seeking site plan review to amend a previously approved plan for a
5,250 sq. ft. building used for personal instruction use. The amendment consists of
allowing the use of 2,900 sq. ft. of the building for cultural facility use when that space is
not being used for personal instruction use.
2. The applicant is also seeking Design Review approval to add a new emergency door
on the north side of the building.
3. The application was received on November 19, 2010.
4. The owner of record of the subject property is South Burlington Realty Co
5. The subject property is located in the Central District Zoning District, Central District 4
sub -district and City Center Design Review Overlay District 2.
6. The plan submitted is entitled "50 San Remo Drive Site Plan," prepared by South
Burlington Realty Co., dated 8/18/08.
SITE PLAN REVIEW STANDARDS
7. Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
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(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.
While there are no physical changes to the site layout or transition, the occasional shift
in use results in shifting parking demands.
The use of 2,900 SF of cultural facility would require 33 parking spaces (.33 per
maximum permitted occupancy of 100). Only 15 are provided on site. This represents a
significant shortfall and is inadequate. It does not appear that more parking spaces can
be provided on site. The applicant has pursued a shared parking arrangement with
abutting properties with the premise that the cultural facility use would be after 5 pm,
making shared use of parking spaces easily accomplished. The applicant is proposing to
share 20 spaces with the property at 364-368 Dorset Street. This would provide 35
parking spaces for the 33 which would be required after 5 pm. The two uses could not
take place at the same time.
(b) Parking:
(a) Parking shall be located to the rear or sides of buildings.
(b) The Development Review Board may approve parking between a public street
and one or more buildings if the Board finds that one or more of the following
criteria are met. The Board shall approve only the minimum necessary to
overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the
Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be located
adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re -used
and parking needs cannot be accommodated to the rear and sides of
the existing building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width of
all proposed parking areas that are both to the side of a building and between
the front lot line and the building line of the building on the lot that is closest to
the public street shall not exceed one-half of the total building width of all
buildings on the lot that are located adjacent to the public street. Buildings
separated from the front lot line by parking approved pursuant to 14.06(C) (2) (b)
shall be considered adjacent to the public street. Buildings separated from the
front lot line by any other parking areas shall not be considered adjacent to the
public street.
(d) The DRB shall require that the majority of the parking on through lots and
corner lots be located between the building(s) and the side yards or between the
building and the front yard adjacent to the public street with the highest average
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daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its
interchanges, the majority of parking shall be located between the building and
the side yards or between the building and the yard that is adjacent to the
Interstate.
(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.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
(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.
(t) 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.
8. Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlinaton Land DeveloDment Reaulations:
(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.
(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.
(c) All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible,
secure andproperly screened with opaque fencing to ensure that trash and
debris do not escape the enclosure(s).
(d) Landscaping and Screening Requirements
9. There are no changes to the proposed building or to the above mentioned criteria
other than a minor change proposed with the addition of a new emergency door on the
north side of the building.
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TRAFFIC
The applicant has stated that the cultural facility use will not operate between the hours
of 4 and 6 pm on weekdays. Therefore, there are no additional trip ends to be generated
by this new use.
DECISION
Motion by C-1
seconded by �� to
approve Site Plan Application 6 and Design eview Application #D -10-06 of
Spotlight on Dance subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in 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 building shall be used for only one approved use at a time.
4. The cultural facility use shall not operate between 4 and 6 pm on weekdays.
5. Prior to permit issuance, the applicant shall record appropriate legal documents to
ensure that the off -site parking spaces shall be available for use by the user or users
for which the off -site parking spaces are being sought. Such legal documents shall
be acceptable to the City Attorney in form and content. Such legal documents shall
ensure the continued existence of the parking lot or facility to serve said uses so long
as they may exist. Such agreement shall guarantee also that upon termination of
such joint use, each subsequent use of the premises will provide off-street parking
for its own use in accordance with the requirements of section 13.01and Tables 13-1
through 13-6 of the Land Development Regulations
6. 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.
7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the space as a cultural facility.
8. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — e&nay/abstain/not present
Matthew Birmingham —yea/nay/abstain not presen
John Dinklage ay/abstain/not present
Roger Farley — e ay/abstain/not present
Gayle Quimby — e ay/abstain/not present
Michael Sirotkin a nay/abstain/not present
William Stuono- a nay/abstain/not present
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Motion carried by a vote ofv-
Signed this day of, 2011, by
ark Behr, Chairman
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
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.
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Board\Findings_Decisions\2010\50SanRemoDrive DR1006_SP1086_ffd.doc