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HomeMy WebLinkAboutSP-22-052 - Decision - 0907 Shelburne Road#SP-22-052 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MLG PROPERTIES, LLC – 907 SHELBURNE ROAD SITE PLAN APPLICATION #SP-22-052 FINDINGS OF FACT AND DECISION MLG Properties, LLC., hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 14-room motel within two principal buildings. The amendment consists of converting one building with seven units from long-term motel use to seven one-bedroom residential dwelling units and the other building to vacant, and associated site improvements, 907 Shelburne Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval to amend a previously approved plan for a 14-room motel within two principal buildings. The amendment consists of converting one building with seven units from long-term motel use to seven one-bedroom residential dwelling units and the other building to vacant, and associated site improvements, 907 Shelburne Road. 2. The owner of record of the subject property is MLG Properties, LLC. 3. The subject property is located in the Commercial 1-Residential 15 Zoning District. The subject property is also located in the Traffic Overlay District – Zone 1, the Urban Design Overlay District, and the Transit Overlay District. 4. The application was received on October 21, 2022. 5. The materials submitted include a site plan, titled ‘907 Shelb’, prepared and last revised by Matt Gazo on 11/16/2022; an application narrative, titled ‘907 Shelburne Road site changes’, prepared and last updated by Matt Gazo on 11/16/2022, and a second site plan (Sheet C1.1) titled ‘Proposed Conditions Plan’, prepared and last updated by Civil Engineering Associates, Inc., on 3/4/2020. ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS Commercial 1-R15 Required Existing1 Proposed Min. Lot Size 2,900 sf/unit 25,700 sq. ft No change Max. Building Coverage 40 % 13% No change Max. Overall Coverage 70 % 53% No change Max. Front Setback Coverage 30 % 67% No change Min. Front Setback 30 ft. 9 ft. No change Min. Side Setback 10 ft. 11 ft. No change Min. Rear Setback 30 ft. 59 ft. No change #SP-22-052 - 2 - Building Height (flat roof) 5 stories 2 stories No change 1 Existing dimensional requirements calculated by CEA on Sheet C1.1, dated 3/4/2020 RESIDENTIAL DENSITY The Commercial 1-Residential 15 Zoning District permits up to 15 dwelling units per acre, plus offsets and bonuses for the provision of inclusionary units. As such, this 25,700 square foot property allows for the development of up to 8.85 residential units (rounded to 8 units). The subject property is presently developed with two buildings, which the applicant refers to as Building A and Building B, with seven motel rooms each. As part of this application, the applicant is proposing to convert the 7 rooms in Building B into 7 market-rate residential units. This decision approves Building A as vacant. The applicant may, in the future, apply for an amendment to increase the allowable number of units to 13 through the provision of 5 inclusionary units, as allowed under LDR Article 18.01.H. All of the requirements for inclusionary and bonus units, including necessary documentation, must be provided at the time of application for that future amendment. SITE PLAN REVIEW STANDARDS 14.6 General Review Standards Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Structures to the Site. (1) 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 proposing to re-orient the stairways that provide access to the second stories of both buildings on the site, including the building which is being converted to residential use as part of this application. Whereas both staircases are currently perpendicular to the building, putting the bottoms of the staircases in the parking lot, the proposed orientation is parallel to the building, putting the bottoms of the staircases on the walkways on the perimeter of the parking lot. This change eliminates the instances in which residents of second-floor units must access their unites through a parking area, and thereby improves the safety of pedestrian movement on the site. As such, the Administrative Officer finds this criterion met. (2) 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. The applicant is proposing to re-pave and stripe the existing parking lot. Striping of all paved parking spaces is required in Article 13.02.G(1). The existing parking lot is located to the rear of one of the two buildings that make up this use, which shields the parking lot from the public street. The applicant is proposing to stripe ten parking spaces, angled at 90 degrees to the drive aisle, that are 9 feet wide and 18 feet deep, with said drive aisle measuring 24 feet wide. The applicant is also proposing to stripe three parallel parking space, angled at 0 degrees to the drive aisle, that are 22 feet wide and 8 feet deep, with said drive aisle measuring 24 feet wide. The 13 total proposed parking spaces exceeds the minimum requirement of 6 parking #SP-22-052 - 3 - spaces for the proposed 7 one-bedroom or studio units. The proposed parking areas will all be curbed. As such, the Administrative Officer finds this criterion met. (3) 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 anticipated adjoining buildings. No changes are proposed. B. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Minor changes to the siding and other exterior details are proposed; all such changes are consistent with this criterion. As such, the Administrative Officer considers this criterion met. C. Site Amenity Requirement (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. Applicant is proposing to covert one building of a two-building complex from long-term motel use to 7 residential dwelling units. This section is therefore applicable. (3) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: (i) For fewer than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. The minimum required amenity area for a 7-unit development is 100 square feet of amenity space per unit, for a total of 700 square feet of required amenity space. The applicant has identified a 1,200 square-foot grassy space in the rear of the lot to serve as the site amenity space. The applicant has proposed parklet as the site amenity. The amenity will be buffered from the adjacent use to the west by a privacy berm, will have a mix of grasses and shrubs along the boundary of the space, and will include picnic tables, benches, and a stone patio with a grill. While not directly adjacent to an operable building entry as required by the LDRs, the site amenity will be accessed by residents via a 36-foot-long landscaped walkway that features steppingstones, landscaping elements, and a bench for seating. The Administrative Officer finds the standards met, noting that, as a pre-existing site being converted to residential use, the intent of the locational requirements is met. #SP-22-052 - 4 - 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met. Utility services are underground. This criterion is met. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. The applicant is proposing for residents to use a dumpster towards the rear of the site. The dumpster is proposed to be screened by a six-foot opaque fence. The Administrative Officer finds this criterion met. APPLICABLE SUPPLEMENTAL STANDARDS: 13.02 Off-street parking. Multi-Family Dwelling (studio or 1 bedroom units) minimum requirements are 0.75 spaces per dwelling unit plus 0.75 space for every 4 units. This phase of the project includes seven one-bedroom units, so 6 parking spaces are required. 13 parking spaces are provided on site. The Administrative Officer finds this criterion to be met. 13.03 Bicycle Parking. Residential buildings with more than 3 units require 1 short term space for every 10 units with a minimum of 4 spaces. As this is the first Site Plan application for this property since the adoption of this regulation, the applicant is only responsible for installing 50% of this minimum requirement (or 2 spaces). However, the applicant is proposing to meet the full requirement at this time via the installation of 4 spaces. Long-term bicycle parking standards do not apply to this project, but the applicant is nonetheless proposing 1 long-term bike storage space per residential unit within a dedicated bicycle storage room, via lockable vertical bicycle racks. 13.04 Landscaping. The proposed changes to the site are all categorized as renovations, not additions. As such, the applicant is not required to provide any minimum landscaping budget. The applicant is nonetheless proposing plantings throughout the site, but these plantings are not restricted or otherwise governed by this criterion. The applicant is also proposing to create a berm along the back property line – this berm will only be 19 cubic yards in size and therefore will not require review by the Development Review Board. This criterion does not apply to this project. 13.05 Stormwater. The combined amount of existing and proposed impervious surface on this property is less than one-half of one acre. As such, this criterion does not apply. #SP-22-052 - 5 - 13.07 Exterior Lighting. There are no new exterior lights proposed in this project. All lighting on site must be downcast and shielded. Any pre-existing lighting not meeting this standard must be replaced with qualifying fixtures prior to issuance of a Certificate of Occupancy by the Administrative Officer. Traffic and Transit Overlay Districts The subject property is located in Zone 1 of the Traffic Overlay District, which allows for 15 PM peak hour vehicle trip ends (VTEs) per 40,000 square feet. Given the size of the subject property (25,700 sf), the maximum VTEs allowed at this property is 9.64. The existing use is a 14-room motel and generates 5 PM peak hour VTEs. The proposed use (7 units of low-rise multi-family housing in one building, and the other building vacant) will generate 4 PM peak hour VTEs. As such, the proposed trip generation is lower than the existing trip generation, so the proposed trip generation is allowable and does not require the payment of traffic impact fees or the mitigation of traffic impacts. The Administrative Officer fins this criterion met. Urban Design Overlay District The project does not propose any additional building and is not considered a substantial rehabilitation, per 10.05C(2), and therefore is not subject to standards of this Section. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-052 of MLG Properties, LLC, 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 plan and shall be on file in the South Burlington Department of Planning and Zoning. 3) The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5) Any exterior lighting shall be downcast and shielded per Section 13.07 of the Land Development Regulations. 6) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. 7) The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the project. 8) Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. #SP-22-052 - 6 - Signed on this 22nd day of November 2022 by ___________________________________ Marty Gillies, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.