HomeMy WebLinkAboutSP-04-16 CU-04-04 - Decision - 0184 Spear StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
JENNIFER GRA CIE —184 SPEAR STREET
SITE PLAN #SP-04-16
CONDITIONAL USE #CU-04-04
FINDINGS OF FACT AND DECISION
Jennifer Gracie, hereafter referred to as the applicant, is requesting site plan approval and
conditional use approval for a 14-student day care facility in conjunction with an existing
single-family dwelling, 184 Spear Street. The Development Review Board held a public
meeting on May 18, 2004. The applicant was present.
FINDINGS OF FACT
1. The applicant is requesting site plan approval and conditional use approval for a
14-student day care facility in conjunction with an existing single-family
dwelling, 184 Spear Street.
2. The property is located in the Residential Four (4) District.
3. The owners of record of the property are Jason Bushey and Terrance Granahan.
4. The plans submitted include one (1) sheets entitled, "Bushey & Granahan
Property, 184 Spear Street, Site Plan", prepared by Dennis Willmott, dated April
13, 2004, revised on May 18, 2004.
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.
The applicant is not proposing any changes to the exterior of the existing building. Thus,
the building's relationship to the site will not be altered, nor will the available space for
landscaping or pedestrian movement patterns. However, the parking requirement for the
building will change, as the applicant is proposing a change in use. According to Section
13.01 of the Land Development Regulations, the day care portion of the proposed project
will require four (4) parking spaces and the residential portion of the project will require two
(2) parking spaces. Therefore, a total of six (6) parking spaces will be required for the
proposed project. The plans dated April 13, 2004 depict five (5) parking spaces, which is a
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17% shortfall. The applicant's justification for this shortfall is that she will be the primary
resident of the property and one of the employees of the daycare facility, so in reality she
will only need one (1) parking space, whereas the Land Development Regulations require
two (2). Pursuant to Section 13.01 (N) of the Land Development Regulations, the
Development Review Board may grant a parking waiver up to 25%, which is greater than
the 17% waiver the applicant is requesting. The parking spaces depicted on the plans are 9'
x 18', which are in conformance with Table 13-8 of the Land Development Regulations.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking spaces are located adjacent to the existing driveway. Due to the
residential character of this area, it is not necessary to relocate the parking spaces to the side
or rear of the building.
(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 existing building is 22' and the scale is compatible with the existing
buildings in the area.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Any new utility lines, services, and service modifications shall 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.
The architectural details of the existing building will not he altered through the proposed
project.
09 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.
Again, the structure is already in existence and it relates harmoniously to the area.
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
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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.
It is not necessary to require any additional access to abutting properties.
(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).
The plans dated April 13, 2004 do not depict a dumpster for the subject property. The
applicant does not need place a dumpster on this property due to the residential character of
the area.
(d) Landscaping and Screening Requirements
Pursuant to "fable 13-9 of the Land Development Regulations, the proposed project will
require a minimum of $750 of landscaping. The plans dated April 13, 2004 do not depict
any additional landscaping. The applicant should plant the minimum landscape value on the
property to increase the screening of the parking spaces from adjacent neighbors.
Access/Circulation
Access and circulation on the property will remain unchanged through the proposed
proj ect.
Setbacks
The existing structure meets the required front, side, and rear yard setbacks, as outlined in
Table C-2 of the Land Development Regulations.
Traffic
According to the ITE Manual, 71h edition (Land Use Code 565 — Day Care Center), the
proposed project is estimated to generate an additional 11.48 vte's. The proposed
number of students was used as the variable to determine this calculation.
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Lighting
The applicant submitted exterior lighting details (cut -sheets), which are not fully in
compliance with Appendix D of the Land Development Regulations (attached). The
propose lighting will be sufficient for the subject property if the glass on the lights is
frosted.
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 Comprehensive Plan.
The proposed project will not alter the exterior of the building, so from an aesthetic point
of view there is no change. The use of the subject property as a single-family home and
as a day care facility is consistent with the planned character of the area.
Z The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
Pursuant to Section 4.03(A) of the Land Development Regulations, the Residential 4
Districts are formed in order to encourage residential use at moderate densities that are
compatible with existing neighborhoods and undeveloped land adjacent to those
neighborhoods. Any use not expressly permitted is prohibited, except those that are
allowed as conditional uses.
The proposed use of the subject property is in compliance with the stated purpose of the
R4 District.
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 project 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 propertyfor appropriate uses.
The proposed project is in keeping with character of the neighborhood, which is zoned
for moderate density residential development. The exterior of the subject building will
remain unchanged through this proposal. The only issue that staff feels the Development
Review Board should consider when making a determination on this criterion is the
potential noise levels from the children. The City has a noise control performance
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standard outlined in Appendix A of the Land Development Regulations. This
performance standard prohibits noise in excess of 45 dBA between the hours of 12:00
PM and 8:00 AM, based on a one -hour average measured at any point where the property
on which the noise emanates adjoins any property used for residential purposes.
(c) Traffic on roads and highways in the vicinity.
According to the ITE Manual, 71h edition (Land Use Code 565 — Day Care Center), the
proposed project is estimated to generate an additional 11.48 vte's. It has already been
noted that the applicant will pay the appropriate traffic impact fees for the property.
(d) Bylaws in effect.
The proposed project is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
The proposed project will not adversely affect renewable energy resources.
09 General public health and welfare.
The proposed project will not adversely affect general public health and welfare.
DECISION
Motion by Mark Boucher, seconded by Gayle Quimby, to approve Site Plan Application
#SP-04-16 and Conditional Use Application #CU-04-04 of Jennifer Gracie, 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, as amended by this decision, 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 depict one (1) handi-capped parking space;
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b) The plan shall be revised to depict a minimum of $750 worth of
landscaping to increase the screening of the proposed parking spaces
from adjacent neighbors, which shall include a landscaping budget.
4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
5) If the applicant proposes a dumpster on the subject property, it shall be
adequately screened.
6) The applicant shall pay traffic impact fees for 11.48 vehicle trip ends, prior to
issuance of a zoning permit.
7) The applicant shall submit new lighting details in compliance with Appendix
D of the Land Development Regulations, prior to issuance of a zoning permit.
If the applicant would rather use the lighting that has been submitted, all of
the exposed glass on the lights shall be frosted.
8) Prior to the issuance of a zoning permit, the applicant shall post a $750
landscape bond. The bond shall remain in effect for three (3) years to assure
that the landscaping takes root and has a good chance of surviving.
9) 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.
10) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the newly converted space.
11) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
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Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed the %day of May, 2004.
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. If you fail to appeal this decision your right to challenge this decision
at some point in the future 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).
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