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HomeMy WebLinkAboutSP-24-11 - Decision - 0020 Palmer Court#SP-24-11 - 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MIKE BADALYAN – 20 PALMER COURT SITE PLAN APPLICATION #SP-24-11 FINDINGS OF FACT AND DECISION Mike Badalyan, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 10,981 sf commercial building. The amendment consists of converting the use of the entire building to automobile & motorcycle service & repair use, 20 Palmer Court. 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 10,981 sf commercial building. The amendment consists of converting the use of the entire building to automobile & motorcycle service & repair use, 20 Palmer Court. 2. The owner of record of the subject property is Mike Badalyan. 3. The subject property is located in the Mixed Industrial & Commercial (IC) Zoning District and the Transit Overlay District. Portions of the property not proposed to be impacted by this application are within the Habitat Block Overlay District, River Corridor Overlay District, Wetland Advisory Layer, and the 100-Year Floodplain. 4. The application was received on March 25, 2024. 5. The plans submitted include a plan sheet entitled “Site Plan”, prepared by Gordon G. Woods Associates and last revised by Mike Badalyan on March 25, 2024; and an undated plan sheet entitled “Site Plan – Landscaping”, prepared by Gordon G. Woods Associates. Only the standards below are affected by this application. All other standards will continue to be met. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS There are no exterior alterations or changes to the dimensional requirements proposed. SITE PLAN REVIEW STANDARDS 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 applicant has testified that the existing dumpster enclosure meets all applicable standards. The Administrative Officer finds this criterion met. OTHER STANDARDS 13.03 Bicycle Parking and Storage The proposed configuration of uses requires four short-term bike parking spaces. The applicant is proposing to install two ‘inverted-U’ style bike racks that are compliant with all standards of #SP-24-11 - 2 – Article 13.03.B and Appendix G on a 6’ x 7’ concrete pad, thereby providing four short-term bike parking spaces. 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 proposed conversion of the entire existing 10,981 sf building from contractor or building trade facility use to automobile & motorcycle service & repair use will not constitute an increase in the trip generation of the subject property. The approved trip generation of 10.57 PM Peak Hour VTEs was established via Site Plan application #SP-00-45 but was based on an outdated version of the ITE Trip Generation Manual. The most current edition of the ITE Trip Generation Manual as of the time of this approval was the 11th Edition, which identifies the uses approved in #SP-00-45 as generating 23 PM Peak Hour VTEs. The Administrative Officer finds that this property is therefore approved for a traffic generation of 23 PM Peak Hour VTEs. As noted previously, the conversion of use will not constitute an increase in the traffic generation, and therefore the proposed change of use does not generate any new traffic impacts. Water & Wastewater Allocation As part of previous State Public Building Permit approval #WW-4-0287-2, this property is approved for a maximum wastewater generation of 642 gallons per day. The proposed change of use will not result in a wastewater generation that exceeds the previously approved wastewater generation and therefore the proposed change of use does not generate any new wastewater impacts. As per the version of the State of Vermont’s Wastewater System and Potable Water Supply Rules that was effective at the time of this application, the proposed use is classified as a ‘place of employment’ without showers, and the wastewater generation is therefore calculated on a per-employee and per-customer basis. The applicant testified that this use will employ five people and that it might serve twenty customers per day, for a total estimated wastewater consumption of 155 gallons per day, leaving the subject property with a remaining unallocated balance of 487 gallons per day. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves Site Plan Application #SP-24-11 of Mike Badalyan, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. #SP-24-11 - 3 – 2. This project shall be completed as approved shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer hereby issues Zoning Permit #ZP-24-075. 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 Section 13.14 and Appendix G. 6. Any exterior lighting shall be downcast and shielded per Section 13.07 of the Land Development Regulations. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the new automobile & motorcycle service & repair use. 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. Signed on this 28th day of March, 2024 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.