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Home My WebLink AboutSP-23-021 - Decision - 0916 Shelburne Road #SP-23-021 - 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DS REALTY, LLC – 916 SHELBURNE ROAD SITE PLAN APPLICATION #SP-17-18 FINDINGS OF FACT AND DECISION DS Realty, LLC, hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a multi-use building consisting of 3,490 sf of artist production studio use and 650 sf of standard restaurant use in one building, and three (3) dwelling units in two (2) buildings. The amendment consists of converting the 650 sf of standard restaurant use to artist production studio use, 916 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. DS Realty, LLC is seeking approval to amend a previously approved plan for a multi-use building consisting of 3,490 sf of artist production studio use and 650 sf of standard restaurant use in one building, and three (3) dwelling units in two (2) buildings. The amendment consists of converting the 650 sf of standard restaurant use to artist production studio use, 916 Shelburne Road. 2. The owner of record of the subject property is DS Realty, LLC. 3. The subject property is located in the C1-R15 Zoning District, Zone 1 of the Traffic Overlay District, and the Transit Overlay District. 4. The application was received on May 16, 2023. 5. The plan submitted is entitled “Erosion Prevention and Sediment Control Plan”, prepared by Engineering Ventures, dated 1/26/2022 and last revised on 5/16/2023. The provided plan was prepared for a previously submitted and then withdrawn application and includes erosion control measures. The subject application is for interior improvements only. No site work, aside from installation of a bike rack as described herein, is approved. ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions C1-R15 Zoning District Required Existing Proposed  Min. Lot Size 40,000 sf 71,023 sf No change  Max. Building Coverage 40% 10.39% No change  Max. Overall Coverage 70% 31.38% 31.44%  Min. Front Setback 30 ft. Not calculated No change  Min. Side Setback 10 ft. Not calculated No change  Min. Rear Setback 30 ft. Not calculated No change #SP-23-021 - 2 –  Max. Front Setback Coverage 30% Not calculated No change  Max. Height (flat roof) 35 ft. Not calculated No change SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 13.03 Bicycle Parking As per Table 13-3, this use has a short-term bicycle parking requirement of one space per 5,000 sf GFA and a minimum requirement of four (4) spaces. The applicant is proposing to provide this minimum required bike parking via the installation of two ‘inverted U’ bike racks, on a curbed, stabilized surface of at least 42 square feet on the east side of the existing playground. The proposed bike racks and installation area must adhere to the design guidelines found in Section 13.03 and Appendix G of the LDRs. The Administrative Officer finds this criterion met. 13.04 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 street.” There are no lighting impacts proposed as part of this application. 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 dumpster enclosure meets these standards and is not proposed to be impacted as part of this application. Traffic Impacts This property lies within Traffic Overlay Zone 1, which allows this property to generate a maximum of 26.63 PM peak hour vehicle trip ends. The approval of Site Plan application #SP-16-43 found that the then-existing configuration of uses at the property was 4,140 sf of artist production studio use and three (3) dwelling units in two (2) buildings – the same configuration that is proposed as part of this application. #SP-16-43 further found that the trip generation of 4,140 sf of artist production studio use and three (3) dwelling units was 17 PM peak hour trips. Finally, #SP-16-43 approved the then-proposed change of use to add 650 sf of standard restaurant use and approved this property to generate a total of 20.58 trips. The removal of this standard restaurant use returns this property to a configuration of uses that has previously been found to generate 17 trips, reducing the total traffic impact from 20.58 PM peak hour vehicle trip ends to 17 PM peak hour #SP-23-021 - 3 – vehicle trip ends. As such, the Administrative Officer finds the proposed change of use to reduce traffic generation. Water & Wastewater The applicant received approval in 2017 for a Wastewater Allocation of 1,668 gallons per day that covered the residential uses on the property, the artist production studio use, and the restaurant use. The restaurant use was determined by Lamoureux & Dickinson in a 2016 Wastewater Allocation application to be directly responsible for 750 gallons per day. The conversion of this use to additional artist production studio use will reduce the property’s overall wastewater generation. As such, the Administrative Officer finds that the proposed change of use presents no wastewater impact. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-23-021 of DS Realty, 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 must 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-23-173. 4. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 5. Any new exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the items described in this application. 7. Any change to the site plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this 17th day of May, 2023 by ____________________________________________ Marty Gillies, Administrative Officer #SP-23-021 - 4 – 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.