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HomeMy WebLinkAboutSP-07-65 - Decision - 0340 Dorset Street#S P-07-65 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STEVE ROWE - 340 DORSET STREET SITE PLAN APPLICATION #SP-07-65 FINDINGS OF FACT AND DECISION Steve Rowe, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved site plan for a 12,590 sq. ft. mixed use building consisting of: 1) one (1) dwelling unit, 2) 6717 sq. ft. of retail use, 3) 2690 sq. ft. of general office use, 4) 1180 sq. ft. of personal instruction facility use, and 5) 213 sq. ft. common area. The amendment consists of converting 1800 sq. ft. of retail use to general office use, 340 Dorset Street. The Development Review Board held a public hearing on Tuesday, October 2, 2007. 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 The applicant is seeking site plan approval to amend a previously approved site plan for a 12,590 sq. ft. mixed use building consisting of: 1) one (1) dwelling unit, 2) 6717 sq. ft. of retail use, 3) 2690 sq. ft. of general office use, 4) 1180 sq. ft. of personal instruction facility use, and 5) 213 sq. ft. common area. The amendment consists of converting 1800 sq. ft. of retail use to general office use, 340 Dorset Street. 2. The owner of record of the subject property is Edgar Welch. 3. The subject property is located in the Central District 2 (CD2) Zoning District. 4. The plan submitted is entitled, "340 Dorset Street South Burlington, Vermont", prepared by Michael Dugan, Architect, dated 1/28/97, last revised on 1/17/07. Zoning District & Dimensional Requirements: There are no changes in dimensional requirements as part of this application. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations (SBLDR) establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure - 1 - #SP-07-65 to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. There are no changes to the site plan proposed or necessary as a result of this application with respect to transition, planting, or pedestrian movements. The existing uses require at total of 68 parking spaces. The proposed changes will require 67 parking spaces. There are currently 64 parking spaces including 3 designated as handicap accessible on the plan. This is a four (3) space or 4.5% shortfall. The Board granted a previous parking waiver of four spaces or 5.9% As the proposal is to change retail space to general office use, a less intense use, the traffic estimates for vehicle trip ends will only decrease. No changes or additional impact fees are required. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The current parking is located entirely to the rear or sides of the building. There are no changes proposed or needed. (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. There are no changes proposed to the height of the building. The existing building is within the height restrictions in the district. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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 involve any significant changes to the exterior of the building, so this criterion is not applicable. (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. The proposed project does not involve any significant changes to the exterior of the building, so this criterion is not applicable. -2- #SP-07-65 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. It is not necessary to require any additional access easements as part of the proposed project. This property already significantly connects to abutting parcels. (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 existing dumpster is adequately screened. (d) Landscaping and Screening Requirements As no new construction is planned, no additional landscaping is required. Lighting There are no changes to lighting proposed as part of this application. CITY CENTER DESIGN REVIEW Section 11.01(D)(g) of the Land Development Regulations requires the following "For applications involving a change of use with no construction, relocation, enlargement or alteration subject to review, other than a change of use pursuant to Section (2) below, the Development Review Board may require design improvement in accordance with these regulations to the exterior of the building, the costs of which do not exceed $7000 or 10% the assessed value of the building, whichever is greater.". The Board has decided not to require additional improvements -3- #SP-07-65 DECISION Motion by ' AVa �! � seconded by L4�1- I- /) I &E to approve Site Plan Application #S -07-65 of Steve Rowe, subject to the follo ing 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. 3. The Development Review Board grants a three (3) space or 4.5% parking waiver for a total of 64 spaces provided. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. 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. 6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 7. Any change to the site plan shall require approval of the South Burlington Development Review Board or the Administrative Officer. Mark Behr —&ay/abst in/not present Matthew Birmingham — e nay/abstain/not present John Dinklage — a/nay abstain/ of presen Roger Farley — e nay/abstain/no presen Eric Knudsen — e nay/abstain/not re nt Peter Plumeau — /nay/abstain of presen Gayle Quimby —6#nay/abstain/no present Motion carried by a vote ofD- 2 "° Signed this day of D C76 �E"iZ-- 2007, by Mark Behr, Vice Chairman -4- #SP-07-65 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). -5-