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HomeMy WebLinkAboutSP-15-29 - Decision - 0916 Shelburne Road#SP-15-29 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHARLES AND JANET PERKINS — 916 SHELBURNE ROAD SITE PLAN APPLICATION #SP-15-29 FINDINGS OF FACT AND DECISION Site plan application #SP-15-29 of Charles & Janet Perkins for after -the -fact approval to amend a previously approved plan for a 3,738 sq. ft. retail building and three (3) dwelling units in two (2) buildings. The amendment consists of removing a 280 ft. long cedar hedge and replacing it with a split rail fence, 916 Shelburne Road. The Development Review Board held public hearings on June 16, 2015, August 18, 2015, September 15, 2015 and October 6, 2015. The applicants represented themselves and also were represented by Jeff Nick. 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. Charles and Janet Perkins, hereafter applicant, is requesting site plan review for after -the -fact approval to amend a previously approved plan for a 3,738 sq. ft. retail building and three (3) dwelling units in two (2) buildings. The amendment consists of removing a 280 ft. long cedar hedge and replacing it with a split rail fence, 916 Shelburne Road. 2. The owners of record of the subject property are Charles and Janet Perkins. 3. The application was submitted on April 30, 2015. 4. The subject property is located in the Commercial 1— Residential 15 Zoning District. 5. The applicants had requested to replace the hedge with a split rail fence. The Board instead is requiring the applicants to replace the hedge with another hedge. 6. The plan submitted consists of one (1) page entitled "Lindenwood Inn Alterations 916 Shelburne Rd. S. Burlington Vermont prepared by Graphic Construction Management Services" dated 4-27- 89 and last revised 9/9/15 and stamped received by City of So. Burlington October 1, 2015. Zoning District & Dimensional Requirements: The Board finds that the Zoning District and Dimensional Requirements continue to be met. Site Plan Review Standards - 1 — #SP-15-29 A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The Board finds that the proposed building and uses to be consistent with the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) 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. No changes to existing parking are proposed. The Board finds that this criterion to be met. 2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall 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. The parking is located to the front of the building and is pre-existing. (c)-(d) Not applicable (3) 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 anticipated adjoining buildings. No changes to the building are proposed. The Board finds that this criterion to be met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The plans indicate that such services are located underground. The Board finds that this criterion to be met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No changes to the structures are proposed. The applicant removed a cedar hedge that provided a screen between the property and commercial and residential properties located to the north and a large deciduous tree in front of the building. See discussion below under 14.07 D. -2— #SP-15-29 (2) 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. No changes to the structures are proposed. The Board finds that this criterion to be met. 14.07 Specific Review Standards A. Access to Abutting Properties. 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. The Board finds that no reservation of land is required. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. No changes to utility services are proposed. The Board finds that this criterion to be met. C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. The applicant had a new screened dumpster enclosure constructed in early August. The Board finds that this criterion is met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Prior to submission of this application, the applicant removed a 280 ft. long cedar hedge along the north edge of the property. The applicant's April 25, 2015 letter indicates that the applicants planted the hedge in 1982. The Planning & Zoning Office's records indicate that a Findings of Fact & Decision issued on May 23, 1989 contained a requirement for the applicant to post a $2,250 landscaping bond and add nine (9) cedar plants in the center portion of the hedge to fill an existing gap. The applicant submitted a letter dated April 25, 2015 indicating the reasons why they removed the hedge and why they wish to install a split rail fence. Their reasons primarily had to do with their concerns over increased trash and inappropriate use of their property by members of the public using the adjacent CCTA bus stop. A large deciduous tree of unknown caliper located on the lawn to the northwest of the primary building was also removed. -3— #SP-15-29 The Board provided guidance to the applicant at a previous meeting. The Board requested that the applicant show an eight (8) foot high hedge on the site plan to replace the 30 foot high hedge that was removed and that they enclose the dumpster storage area. In response to the Board's direction at the June 16, 2015 hearing, the applicant planted fifty (50) cedar trees (approximately 5'-6' tall) along the north side of its property. This new planting starts 25 feet from the property's northwest corner and continues until its northeast corner. The applicant has also planted two (2) Autumn Blaze maples (each about 1.5 inches in diameter and 8' tall) in the lawn area to the northwest of the main building. The total cost of the newly installed cedar trees was $5,860.51. The value of the mature hedge that was removed is unknown. At the August 18tn meeting, the Board asked the applicant to provide more detailed information regarding the hedge and the two (2) new trees and to also include a planting schedule and other information typically provided on a site plan when new landscaping is proposed. The applicant was requested to submit the revised plan no later than September 4tn The revised plan submitted on September 9tn was prepared by the applicant and not a landscape professional as required under Section 13.06 (F) of the LDRs. The Board at the last meeting agreed that the plan could be prepared by a non -landscape professional. The Board did not give the applicant specific indication as to whether the two (2) maple tree plantings to be an adequate or inadequate replacement the large tree that was removed. Based on Google earth street view photo the tree appeared to have been about 3-4 ft. in diameter. The applicant submitted a revised plan dated September 22, 2015. The plan notes the location of existing trees and shrubs as well as the 50 cedar trees and Autumn Blaze maples discussed above. The plan also details the location and dimensions of the dumpster storage enclosure. In response to discussions at prior meetings the applicant proposed to plant two 2.5 inch diameter Ash trees in the lawn area on the northwest portion of the property. The City Arborist indicated to staff and to the applicant that Ash is not an acceptable tree for the property. On October 1, 2015, the applicant submitted a revised landscaping plan indicating that two (2), 8-10 ft. Clump River Birch trees are proposed instead of the Ash trees. The applicant's email regarding the revised plan stated: C/(/ ti. Thank you, bi- this recornmendwion. I will czdd the Clump River Birch to the site plan (Ind get them over- to Rcay. JeffNick #SP-15-29 NCI L Davis Really The applicant also provided a Landscaping Budget document on October 1, 2015 indicating the total expenses for the cedar, maple and clump river birch trees and associated labor to be $6,964. The Board finds that the version of the Plan and the Landscaping Budget received on October 1, 2015 to be sufficient and that this criterion is met. E. Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. The Board finds that no waivers are required. OTHER The property contains many flood lights which are not in compliance with Section 13.07 of the LDRs. The Board finds that all non -compliant flood lights should be removed and if replaced, replaced with compliant lighting fixtures. The site plan shows the location of the existing sign. The Board finds that the plans shall be revised to remove this information. DECISION Motion by Bill Miller, seconded by Matt Cota, to approve site plan application #SP-15-29 of Charles and Janet Perkins, subject to the following conditions: 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. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. -5— #SP-15-29 a. Remove the location of the existing sign 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. 5. The Board finds that all non -compliant flood lights should be removed and if replaced, replaced with lighting fixtures compliant with Section 13.07 of the LDRs. 6. Prior to issuance of a zoning permit for the landscaping, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 7. 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. 8. Prior to zoning permit issuance for construction of the project, the applicant shall post a $6,964 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the installation of the landscaping. 10. Any change to the site plan shall require approval of the South Burlington Development Review Board or the Administrative Officer. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. Signed this ` day of 2015, by Tim Barritt, Chair 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. W-M #SP-15-29 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. -7—