HomeMy WebLinkAboutSP-03-37 - Decision - 1475 Shelburne RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
Tim O'Brien - 1475 Shelburne Road
SITE PLAN #SP-03-37
FINDINGS OF FACT& DECISION
Tim O'Brien, hereafter referred to as the applicant, is requesting site plan approval to alter the
ground cover at 1475 Shelburne Road, South Burlington. This application is an amendment to a
previously approved site plan. Based on the plans and supporting material contained in the
document file for this application, the Administrative Officer finds, concludes and decides as
follows:
FINDINGS OF FACT
The applicant is requesting site plan approval to make alterations to the land -cover at
1475 Shelburne Road.
A training center is currently located on the subject lands. The applicant is requesting
approval to alter the ground cover.
3. The subject property is located within a Commercial 2 (C2), Bartlett Brook Watershed
Overlay (BBW), and Traffic Overlay (TO) Districts. The proposal is not subject to the
provisions of the Barlett Brook Watershed Protection Overlay District or the Traffic
Overlay District.
4. The applicant provided a plan entitled " O'Brien's Training Center -Exhibit A South
Burlington VT" dated July 28, 2003.
5. This application must be reviewed under and comply with the South Burlington Land
Development Regulations.
6. Two O'Brien's Properties, LLC owns the property.
DIMENSONAL REQUIREMENTS
The site plan complies with all setback and coverage requirements.
SITE PLAN REVIEW STANDARDS
Vehicular access.
2. Access on the site is adequate and remains unchanged by this application.
Circulation.
3. Circulation on the site is adequate and remains unchanged by this application.
FINDINGS OF FACT & DECISION
Timothy P. O'Brien - #SP-03-37
Parking.
4. The proposed alterations will not require additional parking. The plans provided indicate
40 parking spaces and 2 accessible spaces. This is two fewer parking spaces than the
previous application but complies with parking requirements.
Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle parking
shall be provided for employees on the subject property. The application indicates a bike
rack exists.
6. Pursuant to Section 13.06(B) Internal Landscaping of the Parking Area does not apply.
Landscaping.
7. There is no minimum landscaping requirements because the previous application
fulfilled all landscaping requirements.
Outdoor lighting
Pursuant to Section 13.07(A) of the all exterior lighting must be shielded and downcasting
to prevent light from spilling onto adjacent properties and rights -of -way. There are no
changes to lighting.
9. Pursuant to Section 13.06(B)(4), snow storage areas must be shown on the plans. The
plans indicate a snow storage area. .
Pursuant to Sections 14.06 and 14.07 of the proposed Land Development Regulations, the
following review standards shall apply to site plan applications:
Traffic: The are no anticipated changes in traffic generation from the proposal.
(a) The relationship of the proposed development to goals and objects set forth in the
City of South Burlington Comprehensive Plan.
10. The Comprehensive Plan states that the city should encourage development while
protecting natural resources and promoting a healthy and safe environment. The proposed
change in use is in keeping with the recommended actions of the Comprehensive Plan.
(b) 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.
11. The subject lands currently facilitates a Training Center. There are no new proposed
buildings or changes to existing buildings in this application. Parking will be located to the
north, east and south of the buildings. The land -cover changes are indicated on the plans
provided referred to as "O'Brien's Training Center -Exhibit A South Burlington VT".
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FINDINGS OF FACT & DECISION
Timothy P. O'Brien - #SP-03-37
(c) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
12. Section 13.01(G)(1) of the Land Development Regulations establishes design requirements
for parking spaces. The plans provided indicate 40 parking spaces and 2 accessible
spaces. There are two fewer parking spaces than the previous application but the
proposed change complies with parking requirements. Parking is located north, west
and south of the buildings.
13. Section 13.01(G)(5) requires that bicycle parking or storage facilities be provided for
employees, residents, and visitors to the site. The plans provided indicate the provision of a
bike rack.
(d) 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.
14. The Administrative Officer concludes that the proposed height and scale of the building is
consistent with the development of adjoining properties.
(e) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
15. The plans do not indicate changes in utility services.
(1) The combination of common materials and architectural characteristics,
landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles shall be encouraged.
16. Adequate landscaping exists for the proposal.
(g) 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.
17. The existing structure is positioned according to the plans provided. The Administrative
Officer concludes that the existing structure relates appropriately to 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 proposed Land Development Regulations:
(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.
18. The reservation of land is not necessary.
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FINDINGS OF FACT & DECISION
Timothy P. O'Brien - #SP-03-37
(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.
19. No changes to existing underground utilities.
(c) 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).
20. The plans provided do not indicate any additional dumpsters.
DECISION
The South Burlington Administrative Officer approves the site plan application #SP-03-37,
subject to the following conditions:
All previous approvals shall remain in full force and effect except as amended herein.
2. This project shall be completed as shown on the plans by "O'Brien's Training Center -
Exhibit A South Burlington VT" and dated 7/28/03, submitted by the applicant, as
amended by this decision, and on file in the Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six months of this decision pursuant to
Section 17.04 of the Land Development Regulations or this approval shall be null and void.
4. Prior to use of the structure, vehicle storage area, or parking area, the applicant shall obtain
a certificate of occupancy from the Administrative Officer.
5. Any changes to the site plan shall require approval by the South Burlington Development
Review Board.
Signed this day of 2003, by
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Raymond J. Belair, Administrative Officer
Please note: You have the right to appeal this decision to the Vermont Environmental Court,
pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is
issued. If you fail to appeal this decision your right to challenge this decision at some time in the
future may be lost because you waited too long. You will be bound by the decision, pursuant to 24
VSA 4472 (d) (exclusivity of remedy; finality)
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