HomeMy WebLinkAboutSP-09-62 - Decision - 0325 Dorset Street#S P-09-62
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MITCHELL SCHWARTZ — 325 DORSET STREET
SITE PLAN APPLICATION #SP-09-62
FINDINGS OF FACT AND DECISION
Mitchell Schwartz, hereafter referred to as the applicant, is seeking site plan review to
convert a single family dwelling to 1,572 sq. ft. of medical office use and 156 sq. ft. of
retail use, 325 Dorset Street.
The Development Review Board held public hearings on August 18 and September 1,
2009. The applicant represented himself.
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 review to convert a single family dwelling to 1,572
sq. ft. of medical office use and 156 sq. ft. of retail use, 325 Dorset Street.
2. The application was received on June 17, 2009.
3. The owner of record of the subject property is Diane Weisburg.
4. The subject property is located in the Central 3 Zoning District.
5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled,
"325 Dorset Street South Burlington Vermont", prepared by Llewellyn -Howley, Inc.,
dated 7/6/09.
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 applicant is proposing to convert an existing single family dwelling to medical use in
order to expand the space for his existing business at the adjacent 329 Dorset Street.
The applicant has stated that they do not anticipate adding any additional patients but
merely providing more space to see those existing patients.
The proposed 1572 sq. ft. of medical office use and 156 sq. ft of retail use (to sell
products to patients and non -patients) will require a minimum of 9 parking spaces. The
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#SP-09-62
applicant is proposing six (6) parking spaces on site and one (1) parking space on the
street. This would result in a shortfall of 2 spaces or 22.2%. Therefore the applicant is
requesting a parking waiver of 2 spaces or 22.2%.
The transition on site and from structure to structure is sufficient. The two properties are
directly across from each other on a local street. A striped crosswalk connects the
sidewalks which are in front of each property.
(b) Parking shall be located to the rear or sides of buildings to the greatest
extent practicable.
This criterion is being met. Parking is existing and is located entirely to side or rear of the
building as viewed from Dorset Street.
(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 existing building is below the maximum height of 40 feet for a peaked
roof. No height waivers are requested or needed.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
The South Burlington Water Department has reviewed the plans and stated that no
changes or additional allocation will be necessary.
(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.
(t) 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.
No new structures are proposed.
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.
At this time, there are no good opportunities for connecting access to surrounding
properties.
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(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 plan shows a small screened area for trash and recycling.
(d) Landscaping and Screening Requirements
As there is no new construction, no additional landscaping shall be required. However,
the applicant is proposing $10,000 in new landscaping for the property. The front of the
property which faces Dorset Street shall be trimmed back and manicured with new
plants. The applicant is also proposing a new hedge row between the subject lot and the
residential zoning boundary to the west.
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. Snow storage
areas and a bicycle rack 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.
The proposed lighting meets this requirement.
Traffic
The proposed 1572 sq. ft. of medical office use and 156 sq. ft of retail use (to sell
products to patients and non -patients) is estimated to generate 5.86 vehicle trip ends.
This will result in 4.85 additional pm peak vehicle trip ends over the existing single family
residential use.
DECISION
Motion by � qqIN6V , seconded by 46ax fAA(_Cw , to
approve Site Plah Application #SP- 9-62 of Mitchell Schwartz subject to the following
conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
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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.
3. All new exterior lighting shall consist of downcasting, shielded fixtures. Any change
to approved lights shall require approval of the Administrative Officer prior to
installation.
4. Prior to permit issuance, the applicant shall post a $10,000 landscaping bond. This
bond shall remain in full effect for three (3) years to assure that the landscaping has
taken root and has a good chance of survival.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
6. The Board grants a parking waiver of two (2) spaces or 22.2% for a total of seven (7)
spaces provided, six (6) on -site and one (1) on -street.
7. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the change in use will
generate 4.85 additional vehicle trip ends during the P.M. peak hour.
8. The applicant shall 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.
9. The applicant shall obtain a Certificate of Occupancy from the Administrative Off-er
prior to use and occupancy of the building for medical office and retail use.
10. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —�7nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/ of present
John Dinklagle
/nay/abstain/not present
Roger Farleyay/abstain/not present
Eric Knudsenna /abstain/not present
Gayle Quimbyyea(
abstain/not present
Bill Stuono —tea ay a stain/not present
Motion carried by a vote of S- -� n
Signed this I day of 2009, by
John Dinklag(5,- Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).
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