HomeMy WebLinkAboutSP-24-11A - Decision - 0020 Palmer Court#SP-24-11A
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MIKE BADALYAN – 20 PALMER COURT
SITE PLAN APPLICATION #SP-24-11A
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. This is a corrected decision. The correction consists of updating the current property owner.
2. 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.
3. The owner of record of the subject property is Alan Marcellino.
4. 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.
5. The application was received on March 25, 2024.
6. 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
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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
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-24-11A of Mike Badalyan, subject to the following conditions:
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1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
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.