HomeMy WebLinkAboutSP-23-037 - Decision - 1233 Shelburne Road#SP-23-037
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
REPERIO PROPERTIES, LLC – 1233 SHELBURNE ROAD
SITE PLAN REVIEW APPLICATION #SP-23-037
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 and is presently approved as 3,970 sf of licensed childcare facility use. The amendment
consists of increasing the capacity at the licensed childcare facility from 12 teachers and 65 students to
20 teachers and 80 students and replacing the access sidewalk on the west side of the building to
improve ADA compliance, 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 and is presently approved as
3,970 sf of licensed childcare facility use. The amendment consists of increasing the capacity at the
licensed childcare facility from 12 teachers and 65 students to 20 teachers and 80 students and
replacing the access sidewalk on the west side of the building to improve ADA compliance, 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 September 25, 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 9/25/2023
C-1.00 Retrofit Existing Commercial Building to
Proposed Childcare Facility Site Plan
Krebs & Lansing 9/25/2023
C-2.03 Details Krebs & Lansing 8/31/2023
DIMENSIONAL REQUIREMENTS
No changes to dimensional standards are being proposed. The proposed sidewalk replacement will
not result in any additional impervious surface and therefore will not increase lot coverage.
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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
13.03 Bicycle Parking and Storage
The property features 2 ‘inverted-U’-style bike racks near the principal entrance to the building in
question, which will provide 4 short-term bicycle parking spaces in addition to the short-term
bicycle parking provided elsewhere on this approximately 5-acre parcel. 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
street”. There are no lighting impacts proposed as part of this application.
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 160 PM peak hour VTEs. The traffic
analysis approved as part of Site Plan application #SP-23-013 identified that the presently
approved uses on the property, including a licensed childcare facility with 12 teachers and 65
students, has an associated trip generation of 127 trips. The proposed increase in capacity to 20
teachers and 80 students will increase the property’s trip generation by 12 PM peak hour VTEs, for
a total trip generation of 139 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. 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 increase in water
allocation. Additionally, the Director of Public Works has approved the applicant’s wastewater
allocation application #WWA-23-156, certifying that the City can provide the required increase in
wastewater allocation and that the applicant has paid for this service.
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DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application
#SP-23-037 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-23-344.
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.
Signed on this 25th day of September, 2023 by
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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.
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