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HomeMy WebLinkAboutCU-06-03 SP-06-35 - Decision - 1820 Shelburne Road#CU-06-03 #S P-06-35 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING FESSOU ENTERPRISES - 1820 SHELBURNE ROAD CONDITIONAL USE APPLICATION #CU-06-03 SITE PLAN APPLICATION #SP-06-35 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 building. The amendment consists of converting 9324 sq. ft. of space to personal instruction school (dance) use with the remaining 1980 sq. ft. used for general office use, 1820 Shelburne Road. The Development Review Board held a public hearing on July 18, 2006. 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 building. The amendment consists of converting 9324 sq. ft. of space to personal instruction school (dance) use with the remaining 1980 sq. ft. used for general office use, 1820 Shelburne Road. 2. The owner of record of the subject property is Evergreen Investments, LTD. 3. The subject property is located in the Allen Road Zoning District. 4. The plan submitted with this application is entitled, "1820 Shelburne Road Site Plan" prepared by Lamoureux, Stone & O'Leary Consulting Engineers, Inc., dated 10/3/97, last revised on 11 /3/97. Zoning District & Dimensional Requirements: There are no changes to the dimensional requirements as part of this application. . SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Requlations 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. - 1 - #CU-06-03 #SP-06-35 No changes to the existing buildings are being proposed as part of this application. This criterion is being met. Given the proposed use of 1,980 square feet of general office space and 9324 square feet of personal instruction (with up to 6 employees), 19 parking spaces are required. The site plan depicts 37 spaces, including 3 spaces marked as handicapped accessible. There are more than enough spaces available for the proposed use. However, the handicapped spaces shown do not have the required 5 foot access aisles. The plans should be revised to stripe access aisles accordingly. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. No changes to the existing buildings are being proposed as part of this application. Without tearing down the new building it would not be possible to relocate the parking. The parking layout as presented is acceptable. (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. The height of the building will remain unchanged and below 35 feet. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes to the existing buildings are being proposed as part of this application. (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. The proposed project does not involve any new exterior construction, so this criterion is not applicable. (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. The proposed project does not involve any new exterior construction, so this criterion is not applicable. 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 Irm #CU-06-03 #S P-06-35 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. At this time, the Board does not suggest providing additional accesses. (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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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 dumpsters are proposed. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no minimum landscaping requirements. A 10" Honey Locust Tree has been removed and the two (2) easterly most Maple Trees along Allen Road are dead. The applicant should plant a new Honey Locust Tree with a minimum size of Y-3.5" caliper on the property and replace the two (2) dead Maples with 3" — 3.5" caliper Maple Trees. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. A snow storage area is shown on the plans. 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. The applicant has stated that there is no new lighting proposed as part of this application. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington -3- #CU-06-03 #S P-06-35 Comprehensive Plan. The proposed use is consistent with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed use is consistent with this criterion. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed use will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed use is consistent with the character of the neighborhood. (c) Traffic on roads and highways in the vicinity. The exiting uses on the property were estimated to generate 39.7 PM Peak Hour trip ends as part of their last approval. The applicant has submitted a traffic study that estimates that the proposed uses on the property are estimated to generate 30 PM Peak Hour trip ends. Thus there is a decrease in the traffic generation for this property. (d) Bylaws in effect. There are no proposed changes to the building or other dimensional standards. (e) Utilization of renewable energy resources. The proposed use will not affect renewable energy resources. (f) General public health and welfare. The proposed use will not have an adverse affect on general public welfare. DECISION Motion by v Le QU/w1 , seconded by �� , 1` C�Y' to approve Conditi nal Use Applicatio #CU-06-03 and Site Plan Application #S -06-35 of Fessou Enterprises, subject to the following conditions: -4- #CU-06-03 #S P-06-35 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 must be approved by the Administrative Officer prior to permit issuance. a) The plan shall be revised to depict access aisles of at least 5 feet in width for each handicapped parking space. b) The plan shall be revised to show one (1) additional 3 — 3.5" caliper Honey Locust Tree on the property. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) Prior to the issuance of a Certificate of Occupancy, the applicant shall replace the two (2) dead trees along Allen Road and plant the new Honey Locust Tree. 6) Prior to the issuance of a zoning permit, the applicant shall post a landscape bond in an amount to be determined by the Administrative Officer. The bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 7) Prior to permit issuance, the applicant shall submit the cost of installing the three (3) trees which shall be prepared by a landscape professional. 8) 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. 9) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the occupation of the building for the new use. 10) Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr —&?nay/abstain/not present Matthew Birmingham — yea/nay/abstain i pppresent-- Chuck Bolton —4C�ay/abstain/not presen John Dinklage — ea/nay/abstain of presen Roger Farley —(yOay/abstain/no sent Gayle Quimby — &Wnay/abstain/not present -5- #CU-06-03 #S P-06-35 Motion carried by a vote of - 0 Signed this day of 2006, by Mark 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).