Loading...
HomeMy WebLinkAboutSP-03-24 - Decision - 0205 Dorset Street (2)CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING PETER JACOB — 205 DORSET STREET FINAL PLAT #SP-03-24 FINDINGS of FACT AND DECISION Peter L. Jacob, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a 4,000 square foot mixed -use building consisting of the following uses: medical office; general office; and retail use. The amendment is for an umbrella approval for the following additional uses: personal or business service, principal use; photocopy and printing shops, with accessory retail; retail and retail services, excluding general merchandise stores; financial institution; and personal instruction facility, at 205 Dorset Street. The South Burlington Development Review Board (DRB) held a public hearing on July 29, 2003. Peter Jacob represented the applicant. 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 DRB finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting site plan approval to amend a previously approved plan for a 4,000 square foot mixed -use building consisting of the following uses: medical office; general office; and retail use. The amendment is for an umbrella approval for the following additional uses: personal or business service, principal use; photocopy and printing shops, with accessory retail; retail and retail services, excluding general merchandise stores; financial institution; and personal instruction facility, at 205 Dorset Street. 2. The owner of record is Peter L. & Vilma C. Jacob. 3. The subject property contains approximately 0.31 acres and is located in the Commercial 1 (Cl) District. 4. The plans consist of one (1) sheet entitled "205 Dorset Street", prepared by Michael Dugan, AIA, dated August 1, 1994, last revised on November 19, 1998. j 1 Required Findings for Umbrella Approval To make positive findings for an umbrella permit pursuant to Section 3.09 of the South Burlington Land Development Regulations, the Development Review Board must determine that: 1. Such uses are compatible in normal manner of operation, including types of traffic generated; hours of use; lack of excessive noise, dust, odor, or other objectionable element; and any other relevant aspect of operation. 2. Such uses can suitably share common facilities, such as parking and outside storage areas, within the requirements of these regulations for any lot. The DRB must then establish the following limits for the site: 1. P.M. peak hour trip ends 2. Number of required parking spaces 3. Gross floor area dedicated to any one use 4. Number of restaurant or retail food establishment seats Request for Umbrella Approval The applicant is seeking umbrella approval pursuant to Section 3.09 of the South Burlington Land Development Regulations for multiple uses. Currently, the applicant has approval for the following permitted uses: 1. Medical office 2. General Office 3. Retail uses The applicant is requesting that the following additional permitted uses be added to their umbrella approval: 1. Personal or business service, principal use 2. Photocopy and printing shops, with accessory structure 3. Retail and retail services, excluding general merchandise stores 4. Financial institution 5. Personal instruction facility General: The first finding the South Burlington Development Review Board (DRB) must make is on the compatibility of the proposed uses. The site is located in the C1 District and is surrounded by other mixed -use buildings, including professional and office buildings. The site is located on the corner of Dorset Street and the University Mall Southerly Entrance/Exit, which is served by a traffic light. Access to the site is provided off of the University Mall Southerly Entrance/Exit, so traffic on Dorset Street should not be a major concern with the proposed uses. Parking and Trip Generation: The tables below show the P.M. peak hour trips generated per 1,000 square feet of floor area and the City's required parking for each proposed use if the entire GFA of the building is dedicated to a single use: Table 1. Permitted Uses (proposed and current) P.M. Peak Trips/1,000 GFA Maximum for Site Personal or business service, principal use 4.35 18 Photocopy and printing shops, with accessory structure 2.59 11 Retail and retail services, excluding general merchandise stores 2.59 11 Financial institution 4.35 18 Personal instruction facility Medical office 4.35 _ 18 General Office 1.49 6 Retail uses 2.59 11 Table 2. Permitted Uses (proposed and current Parking Requirement (per 1,000 sq. ft.) Maximum for Site Personal or business service, principal use 4 16 Photocopy and printing shops, with accessory structure 5 20 Retail and retail services, excluding general merchandise stores 4 16 Financial institution 3.6 15 Personal instruction facility 2/employee 2/employee Medical office 5 20 General Office 3.5 15 Retail uses 4 16 Trip Generation There are three (3) maximum trip generating uses included in this umbrella approval; two (2) are proposed uses and one (1) is an existing use. These maximum trip generating uses are: personal or business service, principal use; financial institution; and medical office. If any of these uses occupied the entire building, the maximum P.M. peak hour trip generation would be 18 trips. The previous approval for this site was for 18.36 P.M. peak hour trip ends. Parking The site currently has 24 parking spaces (21 plus 3 handicapped). The maximum number of parking spaces required for the most intensive use proposed for the building would be 20, so parking should not be an issue for any of the proposed uses under this umbrella approval. The previously approved calculated parking spaces for this property was 20. Site Plan Criteria Access/Circulation: Pedestrian and vehicular access will vary depending on the actual usage of the building. The maximum trip generating uses proposed under this application would produce 18 P.M. peak hour trips. The entrance to this property is off of the University Mall Southerly Entrance/Exit, which is served by a traffic light, so access issues on Dorset Street should not be of major concern. Coverage/Setbacks: The existing building coverage for this property is 20.2% (maximum allowed is 40%). The overall coverage for the property is currently 87.5% (maximum allowed is 70%). This coverage violation is a preexisting noncompliance. There will be no additional increase in overall coverage resulting from this proposed approval. Front yard coverage will not be changed through this proposed approval. Setbacks will remain unchanged as well. Parking: This property currently provides 24 parking spaces, including 3 handicapped spaces. This meets the current parking requirements. While the demand for parking spaces will depend on the actual use, the maximum number of parking spaces required for the most intensive use proposed for the building would be 20. So, the parking currently available should be sufficient for any of the uses proposed through this application. The plan shall be revised to show a bicycle rack. Landscaping: Landscaping on the property will not change through this proposal application. Wetlands: Wetlands are not an issue with this proposal application. Lighting: Currently, there is a floodlight on the northwest section of the building. Floodlights are not allowed in any district in South Burlington. The floodlight shall be replaced with one of the "acceptable lighting fixtures" shown in Appendix D of the South Burlington Land Development Regulations before issuance of a Certificate of Occupancy. Dumpster: The dumpster requirements are not relevant to this proposal. Traffic: The maximum trip generating uses proposed under this application would produce 18 P.M. peak hour trips, which should be sufficiently served through the current access of the site. The University Mall Southerly Entrance/Exit, where the property access is located, and Dorset Street are served by traffic lights. DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application #SP-03-24, subject to the following conditions: 1. The allowable uses in the building shall be: 1. Personal or business service, principal use 2. Photocopy and printing shops, with accessory structure 3. Retail and retail services, excluding general merchandise stores 4. Financial institution. 5. Personal instruction facility 6. Medical office 7. General Office 8. Retail uses 2. All previous approvals and stipulations shall remain in full effect, except as amended herein. 3. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 4. The approved uses are subject to change, as the South Burlington Land Development Regulations and/or the South Burlington Zoning Districts are amended. 5. The applicant shall remove the above -mentioned floodlight. 6. The plan shall be revised to show a bicycle rack. 7. Any new tenants and/or changes in use shall require a zoning permit and analysis pursuant to these umbrella criteria by the Administrative Officer. 8. Any changes to the final plan shall require approval of the South Burlington Development Review Board. 9. The applicant shall obtain a zoning permit within six (6) months of this decision or this approval shall be null and void. Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/nay/abstain/not present Motion Carried by a vote of 5-0-0. Signed this 29th day of July, 2003, by