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HomeMy WebLinkAboutSP-06-79 - Decision - 0010 Dorset Street#SP-06-79 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MICHAEL DUGAN, AIA - GREER FAMILY, LLC -10 DORSET STREET SITE PLAN APPLICATION #SP-06-79 FINDINGS OF FACT AND DECISION Michael Dugan, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building. The amendment consists of: 1) revising the parking layout, and 2) adding an umbrella approval for 18 possible future uses, 10 Dorset Street. The Development Review Board held a public meeting on December 19, 2006. The applicant was present at the meeting. 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. The applicant is seeking site plan approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building. The amendment consists of: 1) revising the parking layout, and 2) adding an umbrella approval for 18 possible future uses, 10 Dorset Street. 2. The owner of record of the subject property is the Greer Family, LLC. 3. The subject property is located in the Commercial 1 (Cl) Zoning District and Traffic Overlay District 1. 4. The plan submitted is entitled, "Greer Family, LLC 10 Dorset Street South Burlington Vermont", prepared by Michael Dugan, Architect, dated Dec. 6, 2006, last revised on 12/18/06. Zoning District & Dimensional Requirements: There is no new construction planned and so setbacks do not need to be assessed. Additionally, it is difficult to evaluate coverage information. The information submitted as part of this application does not match the coverages approved as part of the most recent site plan approval on December 5, 1989. Since that time, Dorset Street has been widened and the subject lot has been reduced. Additionally, the site plan submitted includes parking in areas which are currently being utilized as green space. The subject lot already exceeds the allowable coverage in the district. The Development Review Board does not have the authority to allow an increase in coverage. The plan shows the removal of some green space to accommodate spaces #10 - 1 - r #SP-06-79 & 11. Since the property currently exceeds maximum overall coverage, this is not permitted. The plan should be revised to eliminate spaces #10 $11 and accurately depict the limit of pavement in this area. 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 site is permitted, in accordance with the most site plan approved in December 1989, for 59 spaces. The applicant is proposing some additional parking spaces. The addition of the parking spaces to the eastern edge of the building is permissible and in accordance with the South Burlington Land Development Regulations. The site provides for 70 parking spaces. Future uses of the building shall be limited by this number. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The existing parking is predominantly to the sides of the building. The proposal to relocate the main entrance to the side is harmonious with this criterion; it is the hope of staff and the applicant that patrons to the site will be more likely to utilize the parking to the north as the result of this change. (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. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, 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 very little change proposed to the architecture or materials of the building. -2- #SP-06-79 (f) 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. This has already been discussed above. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for 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. 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 shall 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, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The applicant is proposing to install a fence to screen the existing dumpsters. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no new minimum landscaping requirements. However, the applicant is proposing several new rows of arborvitae and burning bush. 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. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. -3- #S P-06-79 The applicant is proposing one new lighting fixture as part of this application. Staff has visited the site and the existing lighting is in compliance with this criterion. The cut sheet for the new lighting is also in compliance. Traffic The site is located in Traffic Overlay District 1 and shall be subject to a traffic budget. The property shall be grandfathered for the existing traffic generation. Based on ITE 7t' Edition trip generation figures, 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. Umbrella Approval The applicant has requested umbrella approval for the following uses: ■ Personal service ■ Print shop ■ Radio/TV studio ■ Restaurant- short order and standard ■ Retail ■ Tavern/Night club ■ Indoor recreation facility ■ Artist production studio ■ Convenience Store- 3000 SF or less ■ Indoor Theater ■ General Office ■ Hospice ■ Municipal Facility ■ Personal Instruction Facility ■ Place of Worship There are no problems with the requested uses, recognizing that they will each be subject to the limitations on traffic and parking resulting from the site. DECISION Motion by b6 a M , seconded by �A/c kodec-A to approve Site Plan Application SP-06-79 of Michael Dugan, AIA, 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. -4- R #SP-06-79 3) The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted prior to permit issuance. a) The two (2) parking spaces shown to the northeast of the building which do not exist today should be removed from the proposed site plan and the plan accurately depict the limits of pavement in this area. 4) This approval is conditioned on a maximum of 70 parking spaces and 42.3 PM Peak hour vehicle trip ends. 5) This approval is for the following uses which are currently permitted in the Commercial 1 Zoning District: • Personal Service • Print Shop • Radio/TV Studio • Restaurant — short order and standard • Retail • Tavern/Night club • Indoor recreation facility • Artist production studio • Convenience Store — 3000 sq. ft. or less • Indoor Theater • General Office • Hospice • Municipal Facility • Personal Instruction Facility • Place of Worship If the land development regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall no longer be approved. 6) The applicant shall obtain approval from the Director of Planning and Zoning prior to any change of any tenant in the building. The Director of Planning and Zoning shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #4 above. In making her determination, the Director of Planning and Zoning shall utilize the parking standards contained in Tables 13-1 through 13-6 in the Land Development Regulations, and trip generation rates contained in the I.T.E. Trip Generation Manual. If a proposed use which does not clearly fit within any of these standards, or if a shared parking concept is proposed in order to meet the parking limit, the applicant shall obtain approval from the Development Review Board for the proposed use. 7) The applicant shall obtain a zoning permit within six (6) months pursuant to -5- #SP-06-79 Section 17.04 of the Land Development Regulations or this approval is null and void. 8) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to any change of use. 9) Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —&nay/abstain/not present Matthew Birmingham — yea/nay/abstain/ of present John Dinklage teaftnay/abstain of presen Roger Farley —y/abstain/not presenEric Knudsen —ay/abstain/not present Peter Plumeau nay/abstain/not present Gayle Quimby — yea/nay/abstain no present Motion carried by a vote of Signed this toypf 12a:2 2006, b rk Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).