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HomeMy WebLinkAboutSP-11-52 - Decision - 1800 Shelburne Road#SP-11-52 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARIO FRADETTE — 1800 SHELBURNE ROAD SITE PLAN APPLICATION #SP-11-52 FINDINGS OF FACT AND DECISION Mario Fradette, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a 9700 sq. ft. mixed use building consisting of: 1) 2410 sq. ft. of general office use, 2) 3864 sq. ft. of wholesale establishment use, and 3) 3426 sq. ft. of retail use. The amendment consists of :1) increasing the general office use by 1030 sq. ft. to a total of 3440 sq. ft., 2) increasing the wholesale establishment use by 658 sq. ft. to a total of 4522 sq. ft., and 3) adding 1688 sq. ft. of mezzanine space, 1800 Shelburne Road. The Development Review Board held a public hearing on December 20, 2011. The applicant represented himself. 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. Mario Fradette, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a 9700 sq. ft. mixed use building consisting of: 1) 2410 sq. ft. of general office use, 2) 3864 sq. ft. of wholesale establishment use, and 3) 3426 sq. ft. of retail use. The amendment consists of: 1) increasing the general office use by 1030 sq. ft. to a total of 3440 sq. ft., 2) increasing the wholesale establishment use by 658 sq. ft. to a total of 4522 sq. ft., and 3) adding 1688 sq. ft. of mezzanine space, 1800 Shelburne Road. 2. The application was received on October 24, 2011. 3. The owner of record of the subject property is Burlington House Inc. 4. The subject property is located in the Commercial 2 Zoning District. 5. The plan submitted is entitled "Proposed Building and Utility Improvements", prepared by Civil Engineering Associates, Inc, and dated November 1, 2011. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting Decisions\SP 11 52 1800ShelburneRd Fradette ffd.doc I #SP-11-52 SITE PLAN REVIE W STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following_ general review standards for all site plan applications: 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 There is no new construction. The Board does not require any changes to the site owing to this application for a change in use. Chapter 14.06 of the South Burlington Land Development Regulations states the following: 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. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. Parking approved pursuant to 14.06(B) (2) (b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot 2 C:\Documents and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting Decisions\SP 11 52 1800ShelburneRd Fradette ffd.doc #SP-11-52 abuts an Interstate or its interchanges, parking shall be located to the side of the buildings) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The majority of the site is pre-existing. Therefore, subsection (b) (iv) applies. There is no additional construction and therefore the application does not meet a threshold to warrant the movement of what parking already exists. 3,440 sq. ft. of general office use will require 12.04 parking spaces. 3,426 sq. ft. of retail use will require 17.13 parking spaces. 4,522 sq. ft. of wholesale use will require 2.26 parking spaces. Therefore, a total of 32 parking spaces are required. The plans show 31 spaces. Therefore, the applicant is seeking a parking waiver of 1 space, or 3.1%. The Board fully supports this parking waiver. The site is located directly adjacent to well -established public transportation corridor. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle rack is shown on the plans. 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. There are no changes proposed to the height of the existing building. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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. There are no changes proposed to the existing building. 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. There are no changes proposed to the existing building. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting Decisions\SP 11 52 1800ShelburneRd Fradette ffd.doc #SP-11-52 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 Land Development Regulations: 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 The Board does not find the reservation of any additional land is warranted as part of this application. 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. 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). The plans show a proposed dumpster, adequately screened. Landscaping As there is no new construction, there are no additional landscaping requirements. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10 (b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. Other- Traffic The change in uses is estimated to generate an additional 5.43 pm peak hour vehicle trip ends. The applicant will be required to pay traffic impact fees based on this increase. 4 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting Decisions\SP 11 52 1800ShelburneRd Fradette ffd.doc #SP-11-52 DECISION Motion by Joe Randazzo, seconded by Tim Barritt, to approve Site Plan Application #SP- 11-52 of Mario Fradette 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 plan shall be submitted to the Administrative Officer prior to permit issuance. a. The plan shall be revised to correct the square footage of the proposed uses to mach the numbers in this decision. 4. 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. 5. The Board grants a parking waiver of 1 space or 3.1 %, for a total of 31 spaces provided. 6. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use will generate 5.43 additional vehicle trip ends during the P.M. peak hour. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the newly converted space. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea /nay/abstain/not present Mark Behr —lea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley —_yea /nay/abstain/not present Joe Randazzo — _yea /nay/abstain/not present Michael Sirotkin — yea /nay/abstain/not present Bill Stuono — vea/nay/abstain/not present Motion carried by a vote of 5 — 0 - 0 Signed this 21s` day of December 2011, by Digitally signed by Mark C. Behr Mark C . Behr c cn=Mark C Behr, i Richard Henry Behr Ar Architect P.C., ou, email=mark@rhbpc.com, c=U5 Date: 2011.12.21 13:55:29 -05'00' Mark Behr, Chairman 5 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting Decisions\SP 11 52 1800ShelburneRd Fradette ffd.doc #SP-11-52 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://vermontiudiciM.orp-/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 802.879.5676 to speak with the regional Permit Specialist. 6 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting Decisions\SP 11 52 1800ShelburneRd Fradette ffd.doc