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Home My WebLink AboutSP-15-69 - Decision - 0010 Dorset Street#SP-15-69 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GREER FAMILY, LLC — 10 DORSET STREET SITE PLAN APPLICATION #SP-15-69 FINDINGS OF FACT AND DECISION Site plan application #SP-15-69 of Greer Family, LLC for after -the -fact approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building. The amendment consists of converting 775 sq. ft. of retail use to tavern/night club use, 10 Dorset Street. The Development Review Board held public hearings on December 1, 2015, January 5, 2016 and February 16, 2016. The applicant was represented by Jory Curran. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Site plan application #SP-15-69 of Greer Family, LLC for after -the -fact approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building. The amendment consists of converting 775 sq. ft. of retail use to tavern/night club use, 10 Dorset Street. 2. The owner of record of the subject property is Greer Family, LLC. 3. The application was submitted on October 30, 2015 4. The subject property is located in the Commercial 1 Zoning District. 5. The applicant converted the retail space to tavern/night club use a while ago without approval and this application is an attempt to bring the property into compliance. 6. The plan submitted consists of one (1) page entitled "Greer Family, LLC 10 Dorset Street South Burlington Vermont Site Plan" prepared by Michael Dugan, A.I.A., Architect and dated December 6, 2006 and last revised on August 24, 2014. - 1 — #SP-15-69 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements Commercial 1 Zoning District Requirement/Limitation Proposed Min. Lot Size 40,000 SF 1.35 acres Max. Building Coverage 40% 26.5% Max. Total Coverage 70% 81.8% Min. Front Setback 50 ft. 40-50 ft Min. Side Setback 10 ft. >10 ft Min. Rear Setback 30 ft. >30 ft + Pre-existing non-compliance SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The Board has previously addressed parking issues at this property in its Findings of Fact & Decision for Site Plan Application, #SP-13-15. The applicant requested a 25% parking waiver in order to be able to accommodate the parking needs of current tenants as well as potential tenants who would move into currently unoccupied space. In that decision, the Board granted a 25% waiver to increase the parking allowance by 23 spaces for a total of 94 spaces (this 2013 decision incorrectly calculated this number as 88 spaces). Future uses of the building shall be limited by this number. The applicant submitted a shared parking analysis dated 6/17/15 which was prepared by Lamoureux & Dickinson. This analysis indicates that the existing and proposed uses require a total of 89 parking spaces which does not exceed the 94 spaces which are available for all the tenants, when the previously approved 25% waiver is calculated into the total. This report also pointed out that there are effectively only 70 spaces available on the site and 71 spaces were previously approved. The site should be modified to provide 71 spaces as shown on the previously approved site plan. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. As part of previous Findings of Fact & Decision for this parcel, the Board found this criterion to be met. The Board finds this application has no impact on this previous finding. -2— #SP-15-69 (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The height of the building will remain unchanged and below 35 feet. The Board finds that this criterion continues to be met. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extentfeasible, be underground. No changes to the existing buildings are being proposed as part of this application which should require new utility services. However, if any are proposed, they shall be in compliance with this criterion. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project does not fall within a design review district. However, there is no change proposed to the architecture or materials of the building. The Board finds that this criterion continues to be met. Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. See comments above. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulati ns: (a) The reservation of land may be required on any lotfor provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. There are already sufficient shared accesses to this site via surrounding properties. The Board finds that no additional changes are necessary. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground Any utility installations remaining above ground shag be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, the Board finds that any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and otherfacilities to handle solid waste, including compliance with any recycling or other requirements, shag be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). There are no changes proposed to the existing trash facilities. The existing facility is screened. The Board finds that this criterion is met. -3— #SP-15-69 (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no new minimum landscaping requirements. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. Adequate snow storage areas are shown on the plans. The Board finds that this criterion is met. Traffic The site is located in Traffic Overlay District 1 and is subject to a traffic budget. The property is grandfathered for the existing traffic generation. Based on ITE 7 th Edition trip generation figures for Specialty Retail Center (LUC #826), the existing site is estimated to generate 2.71 trip ends per 1,000 SF for a total of 42.3 p.m. peak vehicle trip ends. This is in excess of the amount which would be allowed for a vacant lot in the same overlay district. Therefore, the site shall not be permitted to generate morE than 42.3 PM peak vehicle trip ends. The applicant submitted a report prepared by Lamoureux & Dickinson dated 5/4/15 which discussed the estimated traffic generation for the property with the proposed use. The report lists several options on how to handle estimating the traffic to be generated by the conversion of 775 sq. ft. from retail to tavern/night club use. Section 10.02 (F) (2) of the LDRs describes how to estimate the traffic generation of a proposed use. It states as follows: (2) Estimating the traffic generation of the proposed use: Traffic generation estimates for the use under consideration shall be based on the latest TRIP GENERATION manual published by the Institute of Traffic Engineers (the 7th Edition of 2003 and subsequent editions). The Development Review Board may approve or may require traffic generation estimates from other sources, including local traffic counts, if the ITE Trip Generation manual does not contain any data for a specified use, or sufficient data for a specified use, or if a use contains unique characteristics that cause it to differ from national traffic estimates. See Appendix B for guidance. At the Board's request, the applicant conducted trip generation counts at three locations similar to the Growler Garage (see letter of February 10, 2016). The results of the counts are as follows: • The weighted average of the counts for the three locations was 0.52 PM Peak Trips (vte/hr/seat). • Assuming this 0.52 vte/hr/seat rate for the Growler Garage's 25 seats results in a PM Peak Hour Trip total of 13 vte/hour. • Based upon the prior May 4, 2015 analysis only 8.9 vte/hours is available for the Growler Garage from the overall allocation of 42.3 vte/hour for the 10 Dorset Street Retail complex. • The report concludes that the existing 42.3 vte/hours could support up to 17 seats at the Growler Garage. I #SP-15-69 The Board finds the three locations counted in the study submitted by the applicant to be comparable to that of Growler Garage. The applicant's consultant is using the number of seats as the variable in this instance when typically square footage is the variable used. As the consultant was not able to obtain the square footage of the retail vs. bar uses and therefore used the only information available, the Board finds that this is an appropriate method under these circumstances. ni:rminiu Motion by John Wilking, seconded by Jennifer Smith, to approve site plan application #SP-15-69 of Greer Family, LLC, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, will remain in effect. 2. This project must be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The site must be modified to provide the 71 spaces as shown on the previously approved site plan. 4. The Board finds that Growler Garage tavern/night club shall be limited to 17 seats. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. Prior to issuance of a zoning permit for the new use, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 7. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 8. Any change to the site plan will require approval of the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5 — 0 — 0. Signed this 42 day of Af a"_ 2016, by -5— #SP-15-69 Bill Miller, Vice -Chair 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 VRE.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 VRE.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont*udiciary.org/GTC/environmentaI/default.asp 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 802.879.5676 to speak with the regional Permit Specialist. W-M