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Home My WebLink AboutSP-23-013 - Decision - 1233 Shelburne Road#SP-23-013 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING REPERIO PROPERTIES, LLC – 1233 SHELBURNE ROAD SITE PLAN REVIEW APPLICATION #SP-23-013 FINDINGS OF FACT AND DECISION Reperio Properties, LLC., hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for building F of the Lakewood Commons Planned Unit Development, which is one of six (6) commercial buildings on the subject property with a total of 48,000 sf of commercial and retail use. The amendment consists of changing the use of all 3,970 sf of building F from retail use to licensed childcare facility use and associated site improvements, 1233 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 building F of the Lakewood Commons Planned Unit Development, which is one of six (6) commercial buildings on the subject property with a total of 48,000 sf of commercial and retail use. The amendment consists of changing the use of all 3,970 sf of building F from retail use to licensed childcare facility use and associated site improvements, 1233 Shelburne Road. 2. The owner of record of the subject building is Reperio Properties, LLC. 3. The property lies within the Commercial 1 – Automobile Zoning District, the Transit Overlay District, the Traffic Overlay District, and the Urban Design Overlay. 4. The application was received on April 28, 2023. 5. The plans submitted consist of the following: Sheet No Plan Description Prepared by Last Revised Date C-0.00 Existing Overall Site Plan Krebs & Lansing 4/24/2023 C-1.00 Retrofit Existing Commercial Building to Proposed Childcare Facility Site Plan Krebs & Lansing 4/24/2023 C-2.00 Details Krebs & Lansing 4/24/2023 C-2.01 Details Krebs & Lansing 4/17/2023 C-2.02 Details Krebs & Lansing 4/28/2023 DIMENSIONAL REQUIREMENTS No changes to dimensional standards are being proposed. The proposed playground is located within the front setback but does not include any structural elements and therefore is not restricted by the minimum front setback for this zoning district. #SP-23-013 2 SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 14.07 Disposal of Wastes Per Section 14.07.I, dumpsters “shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s)”. The existing dumpsters and screening fences meet these standards, and no changes or alterations to the dumpster enclosures are being proposed as part of this application. As such, the Administrative Officer finds this criterion met. OTHER STANDARDS 10.05 Urban Design Overlay District As pursuant to Article 10.05.A, the purpose of the Urban Design Overlay is to reflect a design aesthetic that fosters accessibility and provides inviting access to applicable areas. These goals translate into regulations that require buildings to face streets and offer welcoming, pedestrian- oriented walkways linking street-facing building facades with public sidewalks. The development of a yard area enclosed by a white-picket fence located between the primary building façade and the public sidewalk does not generally reflect a design aesthetic that fosters accessibility or provides inviting access. However, the applicant is proposing to install a fence that is less than 50% opaque, with the intent that this fence design will not decrease the building’s current level of compliance with the goal of reflecting a design aesthetic that fosters accessibility. As such, the Administrative Officer finds the proposed fence to be in compliance with the requirements of Article 10.05. 13.03 Bicycle Parking and Storage Table 13-3 specifies the minimum number of short-term bicycle parking spaces required by different uses of various sizes, measured in square feet GFA. The parking requirement for “retail, restaurant, office, and all other non-residential uses except Educational facility” is 1 short-term bike parking space per 5,000 sf GFA, with a minimum of 4 bike parking spaces for any one activity. The applicant is proposing to install 2 ‘inverted-U’-style bike racks near the principal entrance to the building in question, which will provide 4 short-term bicycle parking spaces. Bicycle parking spaces shall meet location standards of 13.03B(2). Long-term bike parking is only required for new builds or for renovations that affect at least 50% of load-bearing walls/beams. As an interior change of use that affects less than 50% of load-bearing walls or beams, this project does not necessitate the creation of a long-term bike storage area. The Administrative Officer finds this criterion met. 13.04.B(7) Snow Storage Per Section 13.04(B)(7), “snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface water.” The snow storage areas are indicated on the site plan. The Administrative Officer finds this criterion met. 13.07 Exterior Lighting Per Section 13.07.A, exterior lighting “shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or #SP-23-013 3 street”. There are no lighting impacts proposed as part of this application. 13.11 Fences Given the proposed height, location, material, and design of the fence to be constructed to enclose the play area, the Administrative Officer finds all standards of Article 13.11 to be met. Traffic Impacts The subject property is located in Zone 2 of the Traffic Overlay District. The maximum amount of traffic generation allowed for this property is set at the highest number of previously approved PM peak-hour VTEs. This property was originally approved for 48,000 square feet of office space and a 150-seat restaurant. This approval included an allowance for 160 PM peak hour VTEs. The traffic analysis provided by TCE, dated 4/14/2023, finds that the existing property generates 86 PM peak hour VTEs. The proposed change of use will increase the number of PM peak hour VTEs to 127 trips, which is below the previously approved allowance for 160 trips. As such, the Administrative Officer finds that the proposed change of use will not have an impact on traffic beyond that which has been approved, and thereby finds this criterion met. The applicant is not required to provide any traffic mitigation measures or pay any traffic impact fees. Water & Wastewater Allocation The applicant has provided an Ability to Serve notice and confirmation of fee payment from the South Burlington Water District, certifying that the City can furnish the required water allocation of 1,001 gallons per day and that the applicant has paid for this service. Additionally, the Director of Public Works has approved the applicant’s wastewater allocation application #WWA-23-121, certifying that the City can provide the required wastewater allocation of 1,001 gallons per day and that the applicant has paid for this service. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-013 of Reperio 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 Administrative Officer concurrently issues Zoning Permit #ZP-23-140. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the building as a childcare facility. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. 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-23-013 4 Signed on this 1st day of May, 2023 by ___________________________________ Marty Gillies, Acting Administrative Officer 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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist.