HomeMy WebLinkAboutSP-07-41 - Decision - 1820 Shelburne Road#SP-07-41
CITY" OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
FESSOU ENTERPRISES, LLC — 1820 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-07-41
FINDINGS OF FACT AND DECISION
Fessou Enterprises, hereafter referred to as the applicant, is seeking site plan approval
to amend a previously approved plan for an 11,304 sq. ft. mixed use commercial
building. The amendment consists of landscaping and site modifications, 1820
Shelburne Road. The Development Review Board held a public hearing on Tuesday,
June 19, 2007. Dennis Wilson represented the applicant.
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) The applicant is seeking site plan approval to amend a previously approved plan
for an 11,304 sq. ft. mixed use commercial building. The amendment consists of
landscaping and site modifications, 1820 Shelburne Road.
2) The owner of record of the subject property is Fessou Enterprises, LLC.
3) The subject property is located in the Allen Road Zoning District.
4) The plan submitted is entitled, "1820 Shelburne Road Site Plan", prepared by
Lamoureux & Dickinson Consulting Engineers, Inc., dated 10/3/97, with a last
revised date of 11 /03/07.
The applicant has requested the following changes to landscaping:
1. Delete the westernmost 3" diameter maple tree along Allen Road (which is on
approved plans, but has not been planted).
2. Delete the easternmost 3" diameter locust tree along Allen Road (which is on plans,
but has not been planted).
3. Revise the specifications for the remaining two locust trees along Allen Road to
permit the planting of trees between 21/2" to 3".
4. Eliminate the two 2" diameter maple trees on the north side of the building which
are dead or dying.
Planning & Zoning staff conducted a site visit with the City Arborist. The Board considered
his advice from their visit and advises the following in response to the request:
- 1 -
#SP-07-41
In response to request numbers 1 and 2, the City Arborist agrees that the locations shown
on the plans are not appropriate locations for the maple and locust trees as specified by the
applicant. The City Arborist also agrees that the maple trees on the north side are indeed
dead.
However, the City Arborist has stated that there is ample space in the southwestern portion
of the lot, along Allen Road, to replace the four trees specified in numbers 1, 2, and 4
above. The applicant may work with the Arborist to determine a species which will be
appropriate (limited height due to overhead power lines). The Arborist would not support an
allowance simply to plant less trees. He would support waiving the requirement for the two
trees if the applicant were to plant appropriate shrubs around the air conditioning pad at the
southeast corner of the building instead. If shrubbery is chosen, appropriate levels of new
plants as fill shall be added to support the new shrubs. This is a small space and so would
be an financial advantage to the applicant over replacing all four trees.
The Board approves to reduce caliper size for the locust trees along Allen Road.
The applicant has requested the following changes to the site plan which are not related to
landscaping:
1. Add an extra line to the parking lot striping in the southwest corner of the parking
lot. It is in existence but is not shown on the plans.
2. Add an air conditioning pad outside the north west corner of the building. It is in
existence but is not shown on the plans.
3. The metal posts in the parking lot near the southeast corner of the building have
never been removed even though the site plan reflects that these will be removed.
The applicant wishes to leave the posts in place.
4. The chain link fence on the outside of the southeast corner of the building is now
open to the south. The site plan denotes that it is fully enclosed. The applicant
wishes to leave it open to the south as it encloses only an air conditioning unit on a
concrete pad.
The Board is agreeable with all of these requests.
There are other old items included on the plans which should be updated to reflect current
conditions. This includes such language such as "proposed striping" and "building mounted
light to be removed". These notes should be removed from the plans as the striping is in
existence and the building mounted light appears to have already been removed.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) 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.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
-2-
#S P-07-41
(c) 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.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
(e) 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.
(t) 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.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington 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.
(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.
(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).
No changes to the existing buildings are being proposed as part of this application. This
site was reviewed for all of these standards in 2006. There are no proposals for changes in
use or new construction. These criteria are being met.
-3-
#S P-07-41
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Site Plan Application
#SP-07-41 of Fessou Enterprises, LLC, subject to the following conditions:
1. 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.
3. The plan 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.
a. The plan shall be revised to depict the changes which have occurred since the
plan was last updated, including corrected notations regarding proposed striping and
removal of building -mounted lights, and the revision date.
b. The plan shall be revised to show at least two (2) additional trees per item #4 of
this decision.
4. The applicant shall work with the City Arborist to install at least two trees on the property
to replace those that were never planted or are dying. The values shall be similar to the
trees which have not been planted. If only two trees are planted, then the applicant shall
also install appropriate shrubbery and ground cover for fill around the air conditioning pad
at the southeast corner of the building. If no shrubbery is installed, four new trees shall be
planted. Species selection shall meet the approval of the City Arborist and Planning Staff.
5. 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.
6. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer once the landscaping has been planted.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of 6-0-0.
#SP-07-41
tJL
Signed this r,: day of 2007, by
ark Behr, Vice Chairman
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. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time 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).
-5-