HomeMy WebLinkAboutSP-07-02 - Decision - 0340 Dorset Street#SP-07-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
STEVE ROWE - 340 DORSET STREET
SITE PLAN APPLICATION #SP-07-02
FINDINGS OF FACT AND DECISION
Steve Rowe, hereafter referred to as the applicant, is seeking site plan approval to amend a
previously approved planned unit development consisting of: 1) a 12,590 sq. ft. building which
includes one (1) dwelling unit, 9996 sq. ft. of retail use and 2594 sq. ft. of general office use, 2)
an 1800 sq. ft. building used for indoor recreation, and 3) an 1800 sq. ft. accessory building
used for seasonal barbeques. The amendment consists of changing the use of suite #2 (1180
sq. ft.) from retail use to personal instruction facility use resulting in 6717 sq. ft. of retail use,
2690 sq. ft. of general office use, 1180 sq. ft. of personal instruction facility use, 213 sq. ft of
common area and 1800 sq. ft. of indoor recreation use (Curves building), 340 Dorset Street.
The Development Review Board held a public hearing on January 16, 2007. Mr. Rowe was
present at the meeting.
Based on testimony provided at the above mentioned public hearing and 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
Steve Rowe, hereafter referred to as the applicant, is seeking site plan approval to
amend a previously approved planned unit development consisting of: 1) a 12,590 sq. ft.
building which includes one (1) dwelling unit, 9996 sq. ft. of retail use and 2594 sq. ft. of
general office use, 2) an 1800 sq. ft. building used for indoor recreation, and 3) an 1800
sq. ft. accessory building used for seasonal barbeques. The amendment consists of
changing the use of suite #2 (1180 sq. ft.) from retail use to personal instruction facility
use resulting in 6717 sq. ft. of retail use, 2690 sq. ft. of general office use, 1180 sq. ft. of
personal instruction facility use, 213 sq. ft of common area and 1800 sq. ft. of indoor
recreation use (Curves building), 340 Dorset Street.
2. The owner of record of the subject property is Edgar A. Welch Sole Trustee.
3. The subject property is located in the Central District 2 (CD2) Zoning District and Design
Review Overlay District 2.
4. The plan submitted is entitled, "340 Dorset Street South Burlington, Vermont", prepared
by Michael Dugan Architect, dated 1/28/99, last revised on 8/20/01.
5. The applicant is proposing to change the use of Suite #2 from retail use to personal
instruction facility use (Martial Arts Center). Only parking and traffic will be affected as a
result of this proposal.
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#S P-07-02
PARKING
The existing and proposed uses require at total of 68 parking spaces. There are currently 64
parking spaces including 3 designated as handicap accessible on the plan. This is a four (4)
space or 5.9% shortfall. The current retail use in suite #2 requires 5 parking spaces and the
personal Instruction use proposed will require 4 parking spaces. The parking requirements for
personal Instruction use are two (2) spaces per employee. The applicant should be limited to
having no more than (2) employees without approval, based upon the South Burlington Land
Development Regulations parking requirements.
TRAFFIC
There is no category in the ITE Trip Generation Manual for personal instruction facility use.
Retail use trip generation studies are used for personal instruction use, therefore, there will be
no changes in traffic due to this proposal.
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 does not recommend any additional improvements since this property has been
totally renovated within the last 10 years.
DECISION
Motion by ���� U r seconded by �06`A W4 r V to
approve Site Plan Application #SP-07-02 of Steve Rowe, 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 plan submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
3) The plan shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to
the Administrative Officer prior to permit issuance.
a) The plan shall be revised so that the general notes on the plan reflect the current
proposal.
4) The Board grants a four (4) space or 5.9% parking waiver for a total of 64 parking spaces.
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#SP-07-02
5) Due to parking requirements based on employees for the proposed use, the applicant shall
be limited to no more than two (2) employees for the personal instruction facility without
approval from the Development Review Board.
6) The Board will not require any design improvement to this property since the property has
been totally renovated within the last 10 years.
7) 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.
8) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer for the change of use.
9) Any change to the site plan shall require approval of the Administrative Officer or the
Development Review Board.
Mark Behr— "(4/nay/abstain/not present
Matthew Birmingham — nay/abstain/not present
John Dinklage — /nay/abstain/not present
Roger Farley — "nay/abstain/not present
Eric Knudsen — e /nay/abstain/not present
Peter Plumeau — /nay/abstain/not present
Gayle Quimby —gnay/abstain/not present
Motion carried by a vote of --L- 0 -
Signed this !�e7 day of_ 2007, by
John Dinklage, Chair
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).
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