HomeMy WebLinkAboutSP-11-43 - Decision - 1800 Shelburne Road#SP-11-43
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MARIO FRADETTE -1800 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-11-43
FINDINGS OF FACT AND DECISION
Mario Fradette, hereafter referred to as the applicant, is requesting site plan review to
convert a 9700 sq. ft. building used for auto & boat sales into three (3) uses 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 (excluding general merchandise), 1800 Shelburne Road.
The Development Review Board held a public hearing on October 18, 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 is requesting site plan review to convert a 9700 sq. ft. building used for
auto & boat sales into three (3) uses 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 (excluding
general merchandise), 1800 Shelburne Road.
2. The application was received on September 15, 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 "Burlington House Inc Pending Sale to Ceslow Holdings
LLC", prepared by Mario Fradette, and stamped with a received date of September 15,
2011.
SITE PLAN REVIEW 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:
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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 layout
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
buildings) or to the front of the building adjacent to the public
street with the lowest average daily volume of traffic. Where a lot
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.
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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.
2,410 sq. ft. of general office use will require 9 parking spaces.
3,426 sq. ft. of retail use will require 18 parking spaces.
3864 sq. ft. of wholesale use will require 2 parking spaces.
Therefore, a total of 29 parking spaces are required.
The plans show 33 spaces. However, there are concerns about three of these spaces and the
Board requires that they be removed as parking spaces. One is inaccessible, one blocks a
door, and one could be removed to facilitate access to the proposed dumpster. These were
identified at the October 18, 2011 hearing. 30 spaces would remain which is sufficient to
meet the needs of the proposed uses.
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.
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:
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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.
All lighting shall be shielded and downcast.
Other- Traffic
The change in uses is estimated to generate an additional 22.06 pm peak hour vehicle trip
ends.
The applicant will be required to pay traffic impact fees based on this increase.
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DECISION
Motion by Joe Randazzo, seconded by Roger Farley, to approve Site Plan Application
#SP-11-43- 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 remove the three spaces identified by the Board
at the October 18, 2011 hearing.
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. All lighting shall be downcast and shielded. Flood lighting is expressly prohibited.
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 22.06 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 — yea/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 — yea/nay/abstain/not present
Motion carried by a vote of 5-0-0
Signed this ?4 day of dc-fyb rC 2011, by
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Bill Stuono, Vice Chairman
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:HvermontjudiciM.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 802.879.5676 to speak with the regional
Permit Specialist.
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