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HomeMy WebLinkAboutSP-23-018 - Decision - 1241 Williston Road#SP-23-018 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING FARRINGTON CONSTRUCTION CO., INC. – 1241 WILLISTON ROAD SITE PLAN APPLICATION #SP-23-018 FINDINGS OF FACT AND DECISION Farrington Construction Company, Inc., hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 2,330 sf commercial building. The amendment consists of minor site modifications including dumpster enclosure construction and parking lot striping, 1241 Williston 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 to amend a previously approved plan for a 2,330 sf commercial building. The amendment consists of minor site modifications including dumpster enclosure construction and parking lot striping, 1241 Williston Road. 2. The owner of record of the subject property is Cairns Brothers Realty. 3. The subject property is located in Transect Zone 4 of the Form-Based Code Zoning District, Zone 2 of the Traffic Overlay District, and the Transit Overlay District. A portion of this property not proposed to be affected by this application is within the Wetland Advisory Layer. 4. The application was received on April 28, 2023. 5. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C1.0; Overall Conditions Plan CEA 1/20/2023 C2.0; Details CEA 9/7/2020 6. As a property in the Form-Based Code Zoning District, there is no Site Plan approval necessary to change the use at this property from gas station use to fast-food restaurant use. The applicant previously received approval for Zoning Permit application #ZP-23- 012, which permitted interior fit-up and exterior façade changes on the existing principal structure on the subject property and approved the proposed wastewater and traffic generation for this property. This Site Plan application hereby approves the site modifications proposed by the applicant and reiterates approval of the proposed wastewater and traffic generation levels. The concurrent Zoning Permit application #ZP- 23-156 approves the work required to enact the use changes identified and approved in this Site Plan application. The applicant must obtain a Certificate of Occupancy prior to use of the approved modifications. #SP-23-018 - 2 - ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions No changes affecting compliance with these standards are proposed. 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 and Storage 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. Because this is the first Site Plan application approval for this property since the minimum bike parking rules went into effect, the applicant is only required to provide 50% of the minimum bike parking at this time. The applicant is proposing to provide 50% of the minimum required bike parking via the installation of one ‘inverted U’ bike rack, which provides two (2) short-term bike parking spaces, on a concrete pad on the northeast side of the building. The applicant does not intend to install a second ‘inverted U’ bike rack at this time but has indicated on the site plan where that rack is intended to go. The proposed bike racks 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 site plan identifies the location of the proposed dumpsters and includes a detail sheet showing that the dumpsters will be screened in a manner that meets applicable standards. The Administrative Officer finds this criterion met. Vehicle Trip Generation The proposed uses are classified as 1,635 sf of ‘fast food restaurant with drive-through window and no indoor seating’ (ITE land use code #933), and 695 sf of ‘small office’ (ITE land use code #712). Combined, these two proposed uses are estimated to generate 55.8 PM peak hour VTEs. The previously approved use on the property was a ‘gasoline service station’ with 4 fueling positions (ITE land use code #944), which generated 56 PM peak #SP-23-018 - 3 - hour VTEs. Because the proposed trip generation does not exceed the previously approved trip generation, the proposed change of use does not generate any new traffic impacts. Water & Wastewater The applicant does not have documentation of any previous Wastewater Allocation approvals, either from the City of South Burlington or the State of Vermont. Based on the previously approved use of the property, the applicant estimated that the subject property must have been approved for at least 526 gallons per day and testified that the proposed use required an allocation of only 300 gallons per day. The applicant then applied for and received Wastewater Allocation application #WWA-23-113, which served to document the flows at that property. As such, the subject property is now approved for 300 gallons per day, and the proposed use generates 300 gallons per day. Because the proposed wastewater generation does not exceed the previously approved wastewater generation, the proposed change of use does not generate any new wastewater impacts. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-23-018 of Farrington Construction Co., Inc., 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(s) and shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-23-156. 4. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 5. All 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 7. 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. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy and/or use of the approved modifications. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. #SP-23-018 - 4 - Signed on this 17th day of May, 2023 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 802.879.5676 to speak with the regional Permit Specialist.