HomeMy WebLinkAboutSP-17-30 - Decision - 1820 Shelburne Road#SP-17-30
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
1820 SHELBURNE ROAD, LLC-1820 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-17-30
FINDINGS OF FACT AND DECISION
Site plan application #SP-17-30 of Greg Desautels to amend a previously approved plan for a mixed use
building consisting of: 1) a 76 student child care facility, non-residential, 2) 3,780 sq. ft. of general office
use, and 3) 2,790 of personal instruction use. The amendment consists of: 1) obtaining an umbrella
approval for a number of permitted uses, and 2) expansion of two (2) canopies, 1820 Shelburne Road.
The Development Review Board held a public hearing on June 6, 2017. The applicant was represented
by Greg Desautels.
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, 1820 Shelburne Road, LLC, seeks to amend a previously approved plan for a mixed
use building consisting of: 1) a 76 student child care facility, non-residential, 2) 3,780 sq. ft. of
general office use, and 3) 2,790 of personal instruction use. The amendment consists of: 1) obtaining
an umbrella approval for a number of permitted uses, and 2) expansion of two (2) canopies, 1820
Shelburne Road.
2. The owner of record of the subject property is 1820 Shelburne Road, LLC.
3. The application was received on April 21, 2017.
4. The property lies within the Allen Road Commercial Zoning District.
5. The plan submitted consists of two (2) pages with the first page titled "Proposed Site Plan" prepared
by Gardner Kilcoyne Architects, dated as last revised 4/20/17 and received on 4/21/17.
Dimensional Requirements
6. No changes to coverages proposed.
7. Setback requirements will continue to be met.
Umbrella Approval
The applicant is proposing the following uses be permitted on the property: Artist Production Studio,
Medical Office, Personal or Business Service, Pet Grooming, Photocopy & Printing Shop, Processing and
Storage, Indoor Recreation Facility, and Retail Sales. The Board has reviewed the Land Development
Regulations and all of the requested uses are permitted in the Allen Road Commercial Zoning District at
this time.
#SP-17-30
Site Plan Review Standards
Section 14 of the Land Development Regulations establish the following general review standards for
site plan applications:
Only the standards below are affected by this application. All other standards will continue to be met.
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.
This application for umbrella approval is aligned with the Comprehensive Plan because allowing a
breadth of uses at the site encourages shared parking opportunities and mixed retail/office/childcare
uses.
B. Relationship of Proposed Structures to the Site.
2) Parking
The site contains 37 parking spaces and two (2) handicapped spaces. The applicant has shown on the
plans that the number of parking spaces will not change.
C. Relationship of Structure and Site to Adjoining Area
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.
The previously constructed/expanded gable roofs are aligned with existing facade details and the style
of the rest of the building.
Specific Review Standards
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 (i.e., non-dumpster, non -large
drum) shall not be required to be fenced or screened.
Dumpsters are being removed and replaced with totes.
Traffic Generation
In the South Burlington Development Review Board's Findings of Fact & Decision (Site Plan Approval
#SP-11-08, signed March 16, 2011) the Board approved 64.95 Peak Hour Vehicle Trip Ends for the site.
If the current or future uses exceed 64.95 PM peak hour vehicle trip ends on the subject property, the
applicant will be responsible for seeking Board approval for such and paying any resulting traffic impact
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fees. Any changes proposed to category of use and resulting traffic will be reviewed under the umbrella
permit, and limited to the maximums set herein.
nFCISION
Motion by Matt Cota, seconded by John Wilking, to approve site plan application #SP-17-30 of 1820
Shelburne Road, LLC, subject to the following conditions:
All previous approvals and stipulations which are not changed by this decision, will remain in full
effect.
2. This project must be completed as shown on the plans submitted by the applicant, and on file in
the South Burlington Department of Planning and Zoning.
The uses of the subject property shall be limited to the following: Child care facility, licensed non-
residential, Personal Instruction, General Office, Artist Production Studio, Medical Office,
Personal or Business Service, Pet Grooming, Photocopy & Printing Shop, Processing and Storage,
Indoor Recreation Facility, and Retail Sales. 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 37 parking spaces and a total of 64.95 PM peak hour vehicle trip
ends for the subject property. Any changes in use shall not exceed 64.95 PM peak hour vehicle
trip ends without obtaining site plan approval to amend this maximum.
5. The applicant must obtain approval from the Administrative Officer prior to any change of any
tenant in the building. The Administrative Officer will approve the proposed new tenant only if the
proposed combination of uses fits within the limitations established in stipulation #4 above. In
making his/her determination, the Administrative Officer will utilize the parking standards
contained in the South Burlington Land Development Regulations.
6. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a
final set of project plans as approved in digital (PDF) format.
7. The applicant must 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. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy of any new use.
9. Any change to the site plan will require approval by the South Burlington Development Review
Board or the Administrative Officer.
Mark Behr Yea Nay Abstain Not Present
Matt Cota Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
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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 7-0— 0.
Signed this 7thday of June 2017, by
Bill Miller, 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://vermontjudiciary.org/GTC/environmental/default.aspx 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 802.477.2241 to speak with the regional Permit Specialist.
Ell