HomeMy WebLinkAboutSP-13-63 - Decision - 0428 0434 Shelburne Road#SP-13-63
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
QUEEN CITY, LLC — 428-434 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-13-63
FINDINGS OF FACT AND DECISION
Queen City, LLC, hereinafter referred to as the applicant, is seeking to amend a previously
approved site plan consisting of: 1) a 6,920 sq. ft. building which includes 2,429 sq. ft. of
general office use and three (3) dwelling units, and 2) a 6,708 sq. ft. detached accessory
structure for the general office use. The amendment consists of converting a portion of the
detached accessory structure to two (2) dwelling units with 512 sq. ft. of accessory use, 428-
434 Shelburne Road.
Based on the plans and materials contained in the document file for this application, the
Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking to amend a previously approved site plan consisting of: 1) a 6,920
sq. ft. building which includes 2,429 sq. ft. of general office use and three (3) dwelling
units, and 2) a 6,708 sq. ft. detached accessory structure for the general office use. The
amendment consists of converting a portion of the detached accessory structure to two (2)
dwelling units with 512 sq. ft. of accessory use, 428-434 Shelburne Road.
2. The owner of record of the subject property is Queen City, LLC.
3. The subject property is located in the Commercial 1/Residential 15 Zoning District
4. The application was received on November 19, 2013.
5. The Development Review Board originally approved this project on 4/17/13 (#SD-13-05).
The approval became null and void due to not obtaining a zoning permit within six (6)
months of the approval.
6. Section 14.09 (2) of the LDRs states that the Administrative Office may re -approve plans
approved by the DRB if a permit "...issued by the Development Review Board has expired
within the preceding six months and no changes or alterations of any kind are proposed..."
The permit at issue expired on 10/17/13 and this application is within the time period
prescribed.
7. The plans submitted consist of a seven (7) page set of plans; page one (1) entitled "Site
Plan Proposed Renovations To 428 Shelburne Road Queen City, LLC 428-434 Shelburne
Road South Burlington, VT 05403 ; prepared by Queen City, LLC, dated 8-30-12, last
revised on 1128113.
Densi
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6. At 15 units/acre, the maximum residential density of the parcel is eight (8) units. This proposal
will bring the total number of units to five (5).
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project;
According to Section 15.13 of the South Burlington Land Development Regulations, the existing
public water system shall be extended so as to provide the necessary quantity of water, at
acceptable pressure.
7. There are no changes proposed to the water service. The parcel is served by public water.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider
or developer shall connect to the public sewer system or provide a community wastewater system
approved by the City and the State in any subdivision where off -lot wastewater is proposed.
8. There are no changes proposed to the sewer system. The parcel is served by public sewer.
Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on
the subject property and adjacent properties
9. The Administrative Officer finds that there is no proposed exterior construction and therefore
no need for additional grading plans or erosion control measures.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads
Access to the subject lot currently exists as an egress, right -turn -only to Shelburne Road, and from
one two -directional point on White Place.
10. There is good circulation around the existing and proposed buildings.
Parking
11. A discussion of parking can be found in the site plan review section of this decision.
Traffic
12. As 2,348 square feet of general office is being converted to residential use (2 units), the
changes proposed will result in a reduction in the number of p.m. peak hour trip ends.
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The projects design respects and will provide suitable protection to wet/ands,
streams, wildlife habitat as identiRed in the Open Space Strategy, and any unique
natural features on the site.
13. There are no wetlands on the subject property.
The project is designed to be visually compatible with the planned development
patterns in the area, as speciRed in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
14. The Administrative Officer finds that the proposed project is in keeping with the planned
development patterns of the Cl-R15 Zoning District.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas
15. The Administrative Officer finds that this criterion is being met. This is among the most dense
and most urban areas in the City. Large areas of open space would be uncommon and
unfitting. Furthermore, there are no changes to the site plan proposed.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
16. There is no need for review by the Fire Chief as part of this application.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent landowners
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards
17. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for
the affected district(s).
18. The Board finds that the proposed project is in conformance with the South Burlington
Comprehensive Plan. Specifically,
"Commercial Centers. These areas generally follow the Shelburne Road and Williston Road
Corridors.... The City encourages mixed use development in these areas (e.g. mixed
residential/commercial or mixed retail/office/restaurant) to encourage pedestrian
pavement, use of public transportation services, and shared parking opportunities" (p.27)
SITE PLAN REVIEW STANDARDS
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Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site
plan approval. Section 14.06 establishes the following_ general review standards for all site plan
applications:
Relationship of Proposed Structures to the Site
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
19. No new buildings are proposed on the site, nor are there any changes proposed to the
access on site.
Parking;
(a) Parking shall be located to the rear or sides of buildings Any side of a
building facing a public street shafl be considered a front side of a
building for the purposes of this subsection,
(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 parking areas located to the side of building(s) at the
building line shall not exceed one half of the width of all buifding(s)
located at the building line. Parking approved pursuant to
14, O6(B)(2)(b) shall be exempt from this subsection,
(d) For through lots, parking shall be located to the side of the buifding(s)
or to the front of the building adjacent to the public street with the
lowest average daily volume of traffic. Where a lot abuts an Interstate
or its interchanges, parking shall be located to the side of the
building(s) or to the front adjacent to the Interstate, Parking areas
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adjacent to the Interstate shall be screened with sufficient landscaping
to screen the parking from view of the Interstate.
Based on the submittal, the Administrative Officer has calculated that the parking needs are as
follows:
• Five (5) dwelling units: twelve (12) spaces at 2 per unit plus 1 per 4 units
• 2,429 s.f. General Office: nine (9) spaces at 3.5 per 1,000 s.f.
• 512 s.f. Accessory Storage: one (1) spaces at 0.5 spaces per 1,000 s.f.
A total of twenty-two (22) spaces are required. Nineteen spaces (19) are shown on the plan,
one of which is designated for handicap parking.
20. The applicant is requesting a parking waiver 13.6% [three (3) spaces] pursuant to
subsection (2) Waivers of Section 13.1 (N) Exemptions, Waivers and Modifications of
Requirements. The Administrative Officer approves this waiver request as the project is
located in an urbanized and built -out location, there is a mix of uses on the property,
parking availability will be increased on the weekends during non -office hours, the reduction
in paved areas will mitigate stormwater impacts and the project is located on Shelburne
Road which has regular transit service.
As stated above, parking must be located to the sides and rear of buildings, except under
specific circumstances. In this case, the buildings on the lot are pre-existing and therefore
subsection (b) (iv) applies.
21. The property in this case includes two pre-existing buildings. The Board approved the
location of parking in 2011 when the other residential units were approved. Subsection iv
above exempts the site from changes to parking based on this application.
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
22. No new buildings are proposed on the site.
Newly installed utility services and service modiFcations necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
23. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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
24. No new buildings are proposed on the site.
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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
25. No new structures are proposed on the site.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the Land Development Regulations:
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 or collector street, to provide additional access for emergency or other
purposes, or to improve general access and circulation in the area,
26. The Administrative Officer finds that access drives to adjacent properties are not warranted in
this case. The site eliminated a curb cut as part of a recent DRB approval.
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,
27. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
Alf dumpsters and other facilities 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).
28. The plan does not show any dumpsters or trash facilities as no dumpsters are proposed.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening
shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land
Development Regulations requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers.
29. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas
must be shown on the plans. The plans show adequate snow storage areas for the subject
property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
30. No additional landscaping is required as part of this application.
Lighting
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Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
31. All lighting on the property shall comply with the standards set forth in the South Burlington
Land Development Regulations.
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan
application #SP-13-63 of Queen City, LLC subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. 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.
3. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy of the new dwelling units.
4. The proposed project shall adhere to standards for erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations. In addition, the grading plan
shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
6. The Administrative Officer issues a parking waiver of three (3) spaces, or 13.6%, for a total
of 19 spaces provided.
7. All lighting on the property shall comply with the standards set forth in the South Burlington
Land Development Regulations.
8. Any changes to the site plan shall require approval of the Administrative Officer or the South
Burlington Development Review Board.
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Signed this day of 101�—'r& 2013, by
1. 15elair, Administrative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by
filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of
Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of
this decision.
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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