HomeMy WebLinkAboutCU-07-08 SP-07-82 - Decision - 0031 Swift Street#Cu-07-08
#S P-07-82
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GARY J. BOURNE - 31 SWIFT STREET
CONDITIONAL USE APPLICATION #CU-07-08
SITE PLAN APPLICATION #SP-07-82
FINDINGS OF FACT AND DECISION
Gary Bourne, hereafter referred to as the applicant, is seeking conditional use and site
plan approval to convert 2850 sq. ft. of office space to social services use, 31 Swift
Street.
The Development Review Board held a public hearing on Tuesday, November 20, 2007.
The applicant was present at the meeting.
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:
NDINGS OF FACT
1. The applicant is seeking conditional use and site plan approval to convert 2850
sq. ft. of office space to social services use, 31 Swift Street.
2. The owner of record of the subject property is Gary J. Bourne.
3. The subject property is located in the Commercial 1 — Residential 15 (C1-R15)
Zoning District.
4. The plan submitted is entitled, "Site Plan Former Vermont Gas Garage Bldg 31
Swift Street South Burlington, VT", prepared by Bourne Consulting Engineering,
dated 5/20/92, last revised 11/1/07.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the South Burlington 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 change in use is consistent with the planned character of the area and the
existing uses in the area.
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2, The proposed Use Shall conform to the stated p-g—pose of thle district in which
the proposed use is located.
Pursuant to Section 5.01(A) of the SBLDR, the Commercial 1 Zoning District is formed to
encourage the location of general retail and office uses in a manner that serves as or
enhances a compact central business area.
The proposed social services use is in compliance with the stated purpose of the C1
District, as it is in an area that is densely developed with commercial and office uses.
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 proposal 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 proposal is in keeping with the character of uses on surrounding properties and will
not adversely affect the character of the area or the ability to develop adjacent
properties.
(c) Traffic on roads and highways in the vicinity.
According to the ITE, 71h Edition, the proposed uses will result in a decrease in PM peak
vehicle trip ends from 14.2 to 11.4.
(d) Bylaws in effect.
The proposal is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
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.
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The change in use results in a requirement of one additional parking space, from 19 to 20.
Twenty one (21) are shown on site, including one which is designated for handicapped
accessibility. This is sufficient to satisfy this criterion. A bicycle rack is shown on the plan.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
There are no changes to the proposed building. The change in use proposed herein does
not necessitate any changes to this criterion.
(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.
There are no changes to the proposed building. The change in use proposed herein does
not necessitate any changes to this criterion.
(d) 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.
(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.
There are no changes to the proposed building. The change in use proposed herein does
not necessitate any changes to this criterion.
(f) 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 to the proposed building. The change in use proposed herein does
not necessitate any changes to these criteria. The building has been recently re -faced; the
Board finds that it is sufficiently and aesthetically pleasing.
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.
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It is not necessary to require any additional access to abutting properties. There is an
existing access drive to the property to the west (760 Shelburne Road).
(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.
It has already been stated that 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).
Trash storage is accommodated on the abutting property which is also under ownership of
the applicant.
(d) Landscaping and Screening Requirements
Because no buildings are proposed, there are no requirements for additional landscaping
DECISION
Motionb 6�.� I /ly NA ,seconded by � � �� l/ �N �l �J
to approve Conditional Use Appli tion #CU-07-08 and Site Plan Application #SP-07-82
of Gary J. Bourne, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
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 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.
4. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the newly converted space.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the South Burlington Administrative Officer.
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Mark Behr —;.yea%nay/abstain/not presen
Matthew Birmingham —yea/nay/abst.�it1 sen
John Dinklage —_ea/nay/abstain/no
Roger Farley —` ea ay/abstain/not present
Eric Knudsen — /nay/abstain/not present
Peter Plumeau — e /nay/abstain/not present
Gayle Quimby — yea/nay/abstain/ of presen
Motion carried by a vote of q - b - b
Signed this � day of NovE., J3,MN --- 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).
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