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HomeMy WebLinkAboutSD-02-30 DR-02-05 - Decision - 0340 Dorset Street#SD-02-30 and #DR-02-05 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, Final plat application #SD-02-30 and Design Review application #DR-02- 05 of Edgar Welch to amend a planned unit development consisting of: 1) a 12,000 sq. ft. retail building which includes on (1) dwelling unit, 2) a 1,800 sq. ft. retail building, and 3) a 1,800 sq. ft. accessory building. The amendment consists of: 1) converting 2594 sq. ft. of retail space to general office space in main building, 2) adding 590 sq. ft. of mezzanine retail space to main building, 3) fagade alterations to all buildings, 4) signage alteration 5) site modifications to parking, landscaping, building elevations and lighting, 6) using the accessory building for seasonal barbeques, 7) requesting approval for1000 sq. ft. (unit 2) to used for retail space, general office space or indoor recreational, 8) adding an awning to the site, 9) installing HVAC unit on east side of small retail building, and 1.0) requesting approval for 1,800 sq. ft. for retail or indoor recreational use of small retail building. This project was last approved at the 10/16/01 DRB hearing. This is the third time this application is being reviewed. The previous two (2) approvals lapsed due to failure of the applicant to comply with a requirement. The Design Review Committee recommended approval at their meeting on 4/22/02. On the 21'' of May 2002, the South Burlington Development Review Board approved the request of Edgar Welch for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1) This project is to amend a planned unit development consisting of : 1) a 12,000 sq, ft. retail building which includes on (1) dwelling unit, 2) a 1,800 sq. ft. retail building, and 3) a 1,800 sq. ft. accessory building. The amendment consists of : 1) converting 2594 sq. ft. of retail space to general office space in main building, 2) adding 590 sq. ft. of mezzanine retail space to main building, 3) fagade alterations to all buildings, 4) signage alteration 5) site modifications to parking, landscaping, building elevations and lighting, 6) using the accessory building for seasonal barbeques, 7) requesting approval for1000 sq. ft. (unit 2) to used for retail space, general office space or indoor recreational, 8) adding an awning to the site, 9) installing HVAC unit on east side of small retail building, and 10) requesting approval for 1,800 sq. ft. for retail or indoor recreational use of small retail building. 2) The owner of record is Edgar Welch. 3) This property at 338-340 Dorset Street is located within the Central District 2 on a parcel bounded by HealthSouth on the north, Dorset Street to the west, CellularOne on the south, and San Remo Drive on the east. 4) The amendment results in an increase in impact due to adding more gross square footage in the building in the form of a mezzanine and additional coverall coverage. The Board reviewed the three (3) kinds of changes that justify and amendment to a permit. 5) The Board determined that there have been changes in the operation of the permittee's project that was not foreseeable at the time the permit was issued. 6) Access/Circulation: Access is provided via a 30 foot curb cut on Dorset Street, two (2) 24 foot curb cuts on San Remo Drive, and access to the DeSarno property to the south. Access is also available across the adjoining 23 San Remo Drive property to San Remo Drive. The Applicant proposed modifying the circulation to provide for one-way traffic around the rear of 340 Dorset Street. Staff supported this proposal, as it would improve circulation on the site. 7) Coverage/Setbacks: Building coverage is 21 % (maximum allowed is 40%). Overall coverage is 71.4% (maximum allowed is 90%). This is the same coverage as noted on the last approved plan. The proposed plan shows converting lawn area to a dumpster storage area which increases overall coverage. The plan should be revised to note the correct overall coverage information. All the existing buildings project either wholly or partially outside of the allowable building envelope and are therefore non -complying structures subjet to Section 26.002 of the zoning regulations. Parking is not allowed in the building envelopes and front yard setback areas along San Remo Drive and Dorset Street unless hidden by a building. Parking and pavement exist within these envelopes and this proposal will not increase the degree of noncompliance. 8) Floor Area Ratio (F.A.R.): The base maximum density of development cannot exceed an F.A.R. 0.5. This project has and F.A.R. of 0.22. 9) Parking: A total of 69 spaces are required for this project and 65 spaces are being provided including three (3) handicapped spaces and one (1) bike rack. This is a four (4) space of 5.8% shortfall. Staff supported a parking waiver. 10) Landscaping; The minimum landscaping requirement, based on building costs is $3120 which is being met. The Design Review Committee at their 4/22/02 meeting required additional landscaping to screen a proposed HVAC unit on the east site of #338, as shown on the plan. 2 11) Traffic: The property is currently approved for 104.8 vehicle trip ends (vte's) during the peak P.M. hours. The ITE estimates, as part of their last approval, the proposed uses will generate 118.36 12) Lighting: The applicant was previously approved for the following exterior lights: One (1) 250 watt metal halide lamp with a downcasting shielded fixture mounted on 12 foot pole. Nine (9) 100 watt metal halide lamps mounted in the new soffit with downcasting shielded fixtures. Three (3) 100 watt metal halide building mounted lamps mounted on the building above three(3) doors with downcasting shielded fixtures. 13) Dumpster: The dumpster will be stored within a vinyl fence enclosure to the rear of the accessory building. Design Review Criteria 14) Consistent Design: The building is vinyl sided with few windows. The applicant is suggesting replacing the door with a "commercial style" door on the southern elevation with a full length single pane of glass similar to what is present on other buildings within the PUD. The applicant is also showing a gable over the proposed primary entrance located on the southern elevation, with fluted white pilasters surrounding the door. Within the gable over the door the applicant is suggesting horizontal vinyl clapboards, similar to what is currently present on the building, with a green metal roof. The proposed pilasters will indicate to patrons, which is the main entrance. Also proposed is the addition of a green awning on the southern elevation of #340 Dorset Street, similar to what is already present on the building. The location of the awning is centered on the building and is the same as the awning's position on the northern elevation. 15) Materials: The proposed materials are acceptable for use within Design Overlay District 2 and are consistent with what is currently present on the building. 16) Colors and Textures: The building is sided in both vinyl clapboard and vinyl shingle. The roof is standing seam 24 gauge metal, painted green. The trim color is white. These colors and textures remained unchanged from previous approvals. 17) Windows & Doors: The applicant is proposing replacing the existing door on the southern elevation with a "commercial style" door similar to what is present on #340, a door constructed with a single full-length pane of glass. This style of door allows more visibility into the structure. The primary entrance fronts the parking lot and not the public street. 3 Staff suggested at DRC meeting, the applicant install windows similar to what is present on the southern elevation of the building. This will break up the large blank wall that is the southern elevation, creating a public face on the southern elevation to encourage pedestrian activity. 18) Roof as a Design Element: No proposed changes. 19) Orient Buildings to Public Street: The applicant is proposing a main entrance off the parking lot. The east side, which faces the San Remo Drive, is a parking area. This may obscure any entrance on the east side. As well, the eastern side of the building is the location of an electric cabinet and proposed location of an HVAC unit (not very inviting). The staffs suggestion of opening up the southern elevation with windows adjacent to the door creates a public face for the building. 20) Rooftop Devices: No rooftop devices are proposed. The applicant is proposing a HVAC unit on the eastern side of #338. The members of the DRC suggested some additional plantings to hide the low profile HVAC unit. The applicant agreed to the recommendation. The applicant is proposing the removal of exterior gas lines and window AC units from the building. The applicant also proposed screening an outdoor utility unit on the southern elevation of #340. This includes a chain link fence with and vinyl slats which will be weaved into the chain link, to match the siding. 21) Lighting: None proposed. 22) Landscaping: Two shrubs are proposed to hide the 1 VAC Unit on the eastern elevation of #338. DECISION AND CONDITIONS Based on the above Findings of Fact, South Burlington Development Review Board approves final plat and design review applications #SD-02-30 and #DR-02-05 of Edgar Welch to amend a planned unit development consisting of : 1) a 12,000 sq. ft. retail building which includes on (1) dwelling unit, 2) a 1,800 sq. ft. retail building, and 3) a 1,800 sq. ft. accessory building. The amendment consists of : 1) converting 2594 sq. ft. of retail space to general office space in main building, 2) adding 590 sq. ft. of mezzanine retail space to main building, 3) fagade alterations to all buildings, 4) signage alteration 5) site modifications to parking, landscaping, building elevations and lighting, 6) using the accessory building for seasonal barbeques, 7) requesting approval for1000 sq. ft. (unit 2) to be used for retail space, general office space or indoor recreational, 8) adding an awning to the main building, 9) installing HVAC unit on east side of small retail building, and 10) requesting approval for 1,800 sq. ft. for retail or indoor recreational use of small retail building, as depicted on a two (2) page set of plans and four pages of illustrations, page one (1) entitled, "340 Dorset Street 4 South Burlington, Vermont Site Plan", prepared by Michael Dugan AIA Architect., dated 1/28/99, last revised on 5/9/02 by John Kennedy, with the following stipulations: 1) All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2) The Board has chosen to review the amendment applications on the basis that there have been changes in the operation of the applicant's project, not reasonably foreseeable at the time the original approval was granted. 3) The final plat plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Four (4) copies of the approved revised plans shall be submitted to the Director prior to recording: a. The final plans shall be revised to note the current overall coverage information. b. The final plans shall be revised to note the proposed and existing uses and the parking requirements. 4) Pursuant to Section 25.256 (b) of the zoning regulation, the Development Review Board approves a 4 space or 5.8% parking waiver for a total of 65 spaces approved. 5) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates the proposed use and expansion will generate 1.3.56 additional vehicle trip ends during the P.M. peak hour for a total not to exceed 118.36 vte's. 6) Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 7) This approval is for the following uses which are currently permitted in the Central District 2: 1) Unit 2, #340, is allowed general office space, indoor recreational, and retail, and 2) #338 is allowed retail and indoor recreational. 8) This approval is conditioned on a maximum of 65 parking spaces and 118.36 P. M. peak vehicle trip ends 9) The applicant shall obtain approval from the Director prior to the change of any tenant in the unit 2, #340 or 338 Dorset Street. The Director shall approve the proposed new tenant only if the proposed combinations of uses fit within the limitation established in stipulation #8 above. In making their determination, the Director shall utilize the parking standards contained in table 1 of the zoning regulations, and trip generation rates contained in ITE Trip Generation manual. If a use is proposed which does not fit clearly 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. 10) The final plat plan (sheet SI) shall be recorded in the South Burlington Land Records within 90 Days or this approval is null and void. The plan shall be signed by the Development Review Board Chair of Clerk prior to recording. i Chair oink._ South Burlington Development Review Board Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R. C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. ¢ 4472(d) (exclusivity of remedy; finality).