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Home My WebLink AboutSP-13-36 - Decision - 0012 Bacon Street#SP-13-36 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DIEMER PROPERTIES, LLC— 12 BACON STREET SITE PLAN APPLICATION #SP-13-36 FINDINGS OF FACT AND DECISION The applicant, Diemer Properties, LLC is to amend a previously approved plan for a 14 unit multi -family dwelling and a 6,000 sq. ft. retail & general office building. The amendment consists of approval of an umbrella permit for a number of commercial uses, 12 Bacon Street: Financial institution; General office; Medical office; Personal instruction facility; Photocopying & Printing Shops with accessory retail; and Personal or business service, principal use. The Development Review Board held a public hearing on August 20, 2013. No one was present to represent the applicant. Based on the plans and 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 to amend a previously approved plan for a 14 unit multi -family dwelling and a 6,000 sq. ft. retail & general office building. The amendment consists of approval of an umbrella permit for a number of commercial uses, 12 Bacon Street: Financial institution; General office; Medical office; Personal instruction facility; Photocopying & Printing Shops with accessory retail; and Personal or business service, principal use. 2. The owner of record of the subject property is Diemer Properties, LLC. 3. The subject property is located in the Commercial-1, Residential-15 Zoning District. 4. The application was received on June 7, 2013. 5. The plan submitted is entitled, "Diemer Properties, L.L.C, Site & Utilities Plan, South Burlington" prepared by Llewellyn -Howley dated 04/06/05. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS 6. Building coverage, overall coverage and front yard coverage will remain unchanged. 7. Setback requirements are being met. SITE PLAN REVIEW STANDARDS 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: -1— CADocuments and Settings\ray\Local Settings\Temporary Internet Fi1es\0LK45\SP_13_36_1213acon_Diemer_umbre11a_ffd.doc #SP-13-36 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. 8. No changes are proposed other than adding various uses to the building. 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. 9. There are no changes proposed to the height of the existing buildings. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 10. No changes are proposed to utility services. 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. 11. There are no changes proposed to the existing structures. 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. 12. There are no changes proposed to the existing structures. 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 13. The reservation of any additional land is warranted as part of this application. 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. 14. No changes are proposed. All 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). 15. The plans show a proposed dumpster, adequately screened. -2— C:\Documents and Settings\ray\Local Settings\Temporary Internet Files\OLK45\SP_13_36_12Bacon_Diemer_umbrella_ffd.doc #SP-13-36 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. 16. There are no changes proposed to the existing landscaping. 17. 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. 18. No changes to lighting proposed. Access/Circulation Access to and Circulation on the site is adequate. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. 19. A bicycle rack is depicted on the plans. Traffic In its Findings of Fact & Decision for #SD-05-63 the Board approved an umbrella approval for the same uses as are now being requested, excluding Financial Institution. The Board conditioned its previous approval on a maximum of 21 parking spaces required for the commercial building and 22 PM Peak Hour Trip Ends for both the commercial and residential buildings on the subject property. There are now currently 22 parking spaces constructed adjacent to the office building, 13 spaces adjacent to the apartment building and 14 spaces under the apartment building for tenant use. Should the current or future uses exceed 22 PM peak hour vehicle trip ends for both the commercial and residential buildings on the subject property, the applicant will be responsible for seeking Board approval for such and paying any result traffic impact fees. As noted above, any changes proposed to category of use and resulting traffic shall be reviewed under the umbrella permit, and limited to the maximums set herein. 20. The Board finds and approves 22 parking spaces and a total of 22 pm peak hour vehicle trip ends for both the commercial and residential buildings on the subject property. Any changes in use shall not exceed 22 pm peak hour vehicle trip ends for both the commercial and residential without obtaining Site Plan approval to amend this maximum. -3— CADocuments and Settings\ray\Local Settings\Temporary Internet Files\OLK45\SP_13_36_12Bacon_Diemer_umbre1la_ffd.doc #SP-13-36 DECISION Motion by Bill Miller, seconded by David Parsons, to approve site plan application #SP-13-36 of Diemer Properties, LLC subject to the following stipulations: All previous approvals and stipulations which are not superseded by this approval shall remain in effect. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The uses of the subject property shall be limited to the following: Financial institution; General office; Medical office, Personal instruction facility, Photocopying & Printing Shops with accessory retail, and Personal or business service, principal use. If the Land Development Regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall be no longer be approved. 4. This approval is conditioned on 22 parking spaces and a total of 22 pm peak hour vehicle trip ends both the commercial and residential buildings on the subject property. Any changes in use shall not exceed 22 pm peak hour vehicle trip ends without obtaining site plan approval to amend this maximum. 5. The applicant shall obtain approval from the Administrative Officer prior to any change of any tenant in the building. The Administrative Officer shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #4 above. In making his determination, the Administrative Officer shall utilize the parking standards contained in Tables 13-1-13.6 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 occupancy of any new use. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. -4— C1Documents and Settings\ray\Local Settings\Temporary Internet Files\0LK45\SP_13_36_12Bacon_Diemer_umbrella_ffd.doc #SP-13-36 Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present Motion carried by a vote of 5 — 0 — 0 Signed this 6 day of '`-h1yQ►' 2013, by Tim Barritt, Clerk 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 http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. -5— C1Documents and Settings\ray\Local Settings\Temporary Internet Files\OLK45\SP_13_36_12Bacon_Diemer_umbrella_ffd.doc