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HomeMy WebLinkAboutSP-02-31 CU-02-12 - Decision - 1025 Airport Drive#SP-02-31 and #CU-02-12 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Site plan and conditional use application #SP-02-31 and #CU-02-12 of J.O.S.T., LLC to amend a previously approved site plan for an 7,750 square foot general office building. The amendment consists of 1) converting 4,250 square feet of general office to medical office use, and 2) converting 3,500 square feet of general office use to educational facility, 1025 Airport Drive On the 18`h of June, 2002, the South Burlington Development Review Board approved the request of J.O. S.T., LLC seeking approval under Section 26.05, Conditional Uses, and site plan approval under Section 26.10, of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of amending a previously approved site plan for a 7,750 square foot general office building. The amendment consists of: 1) converting 4,250 square feet of general office to medical office use, and 2) converting 3,500 square feet of general office use to educational facility. 2) The owner of record is Webster -Martin, Inc. 3) This project located at 1025 Airport Drive is located within the Commercial 1 District. It is bounded on the north by Airport Road, on the east by Airport Drive, on the west by Sanel Auto Parts, and on the south by a Champlain Farms Exxon station. CONDITIONAL USE CRITERIA: 4) The proposed project complies with the stated purpose of the Commercial 1 District "to encourage the location of general office and retail uses" and does not adversely affect: a) the capacity of existing or planned community facilities - no effect expected b) the character of the area affected - no adverse effect is expected c) traffic on roads or highways in the vicinity —the proposed use is not expected to affect traffic. d) bylaws in effect- the proposal is in conformance with the zoning regulations e) utilization of renewable energy resources- there is no utilization of renewable energy resources to be affected. f) general public health and welfare - no adverse effect expected. SITE PLAN CRITERIA: 5) Access: Access is provided via a 28 foot wide curb cut off of Airport Drive, and a narrow (13' wide) curb cut off Airport Road. Staff requests the narrow curb cut be made one way, (the direction the applicant wishes), and for it to be noted on the plan and on the pavement. There are no proposed changes to access. 6) Coveraize/Setbacks: The building currently does not met setback requirements from Airport Drive and Airport Road. Building coverage is unchanged at 14% (maximum allowed is 30%). Overall coverage is unchanged at 28.5% (maximum allowed is 70%). Front yard coverage for Airport Road is at 21%, and for Airport Drive at 40% (maximum allowed is 30%). These figures remain unchanged from the last approval. 7) Parking: The parking requirement is 31 spaces. The plan shows 39, three (3) spaces are accessible. The parking lot should be striped according to the site plan prior to issuance to a Certificate of Occupancy. The plan shows a bike rack. 8) Traffic: ITE estimates the current use generates 16.4 vehicle trip end's (vte's) during the P.M. peak hour. ITE estimates the proposed use will generate 27.1 vte's (excluding the educational component). This is an increase of 10.67 vte's. The applicant was made aware that impact fees may be incurred with this change in use. There was a disagreement in the ITE estimated trips ends between the applicant and staff. It was agreed P.M. peak vte's would be determined by the Director of Planning and Zoning. The applicant indicated to staff the educational portion of the building will not be in use after 4:OOpm. Staff received a letter explaining the hours of the educational facility and how this use will not affect the P.M. peak hour traffic flows. 9) Dumpsters: An enclosed dumpster storage area is shown on the site plan. 10) Landscaping: The minimum landscape requirement based on building costs is $2,850. The minimum landscape requirement is met. 11) Lighting: All lights must be downcasting and shielded. The applicant should submit cut sheets for all proposed and existing lights for approval by the Director of Planning and Zoning. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan and conditional use applications #SP-02-31 and #CU-02-12 of the J.O.S.T., LLC to amend site plan for an 7,750 square foot general office building. The amendment consists of. 1) converting 4,250 square feet of general office to medical office use, and 2) converting 3,500 square feet of general office use to educational facility, as depicted on a site plan entitled, "Site Plan for 1025 Airport Drive," prepared by Beaudin and Assoc., Inc., dated May 1, 2002 with a revised date of May 22, 2002, with the following stipulations: 2 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Cut sheets for any additional exterior lighting shall be submitted for review by the Director of Planning and Zoning prior to installation. 3) The plans shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved revised plans shall be submitted to the Director prior to permit issuance. a. The site plan shall be revised to show the proposed one-way traffic flow along the access drive connecting to Airport Road. 4) The number of additional P.M. peak vte's shall be determined by the Director of Planning and Zoning. 5) Prior to issuance of a Certificate of Occupancy/Compliance the parking spaces shall be striped and pavement marking added to indicate the one-way access drive traffic flow. 6) Prior to issuance of a zoning permit, the applicant shall post a $2850 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. 7) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 8) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer before use of the building as an educational/ medical office use. 9) Any change to the site plan shall require approval by the South Burlington Deve ent Review Board. X Chair or South Burlington Development Review Board %r',I;z _01-�" Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.SA. § 4472(d) (exclusivity of remedy; finality). 3