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Home My WebLink AboutSD-01-50 DR-01-12 - Decision - 0340 Dorset Street#SD-oi-5o #DR-oi-iz FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application #SD-oi-5o and design review application #DR-oi-iz of Edgar Welch to amend a planned unit development consisting of. I) a iz,000 sq. ft. retail building which includes one (i) dwelling unit, z) a 1800 sq. ft. retail building, and 3) a 1800 sq. ft. accessory building. The amendment consists of. i) converting 2594 sq. ft. of retail space to general office space in main building, z) adding 590 sq. ft. of mezzanine retail space to main building, 3) facade alterations to all buildings, 4) signage alteration, 5) site modifications to parking, landscaping, and lighting, 6) using the accessory building for seasonal barbeques, and 7) converting 96o sq. ft. of retail space to indoor recreational use in the main building, 34o Dorset Street. On the 16`h day of October zoos, the South Burlington Development Review Board approved the request of Edgar Welch for design review approval and final plat approval under Section 24.30 of the zoning regulations and Section zoo of the subdivision regulations, respectfully, based on the following findings: i. The owner of record of this property is Edgar Welch. z. This project consists of amending a planned unit development consisting of. i) a I2,900 sq. ft. retail building which includes one (i) dwelling unit, z) a 1800 sq. ft. retail building, and 3) a 1800 sq. ft. accessory building. The amendment consists of: i) converting 2594 sq. ft. of retail space to general office space in main building, z) adding 590 sq. ft. of mezzanine retail space to main building, 3) fagade alterations to all buildings, 4) signage alterations, 5) site modifications to parking, landscaping, and lighting, 6) using the accessory building for seasonal barbeques, and 7) converting 96o sq. ft. of retail space to indoor recreation use in the main building. 3. This very same application, with some other modifications, was approved by the Board on i/i6/oi. This approval contained a condition that the Design Review Committee (DRC) approves all exterior and landscaping changes or this approval would be null and void. The applicant failed to apply and absinthe required approval from the DRC, despite repeated proddings from staff. 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 overall coverage. The Board reviewed the three (3) kinds of changes that justify an amendment to a permit. Page #z 5. The Board determined that there have been changes in the operation of the permittee's project that was not feasible at the time the permit was issued. 6. This property at 34o Dorset Street is located within Central District Two and Design Review District Two. It is bounded on the west by Dorset Street, on the north by a mixed use office, retail, and residential building, on the east by San Remo Drive, and on the south by an office building. 7. Access/Circulation: Access is provided via a 30 foot curb cut on Dorset Street, two (z) 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 34o Dorset Street. Staff supported this proposal, as it would improve circulation on the site. 8. Coverage/Setbacks: Building coverage is 21% (maximum allowed is 400/0). Overall coverage is 71.4% (maximum allowed is 90%) as listed on the plan. This is the same coverage at 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. 9. All the existing buildings project either wholly or partially outside of the allowable building envelope and are there non -complying structures subject to Section 26.002 of the zoning regulations. io. 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. II. Floor Area Ratio (F.A.R.): The base maximum density of development can not exceed on F.A.R. of o.5. This project has an F.A.R. of 0.22. 12. Parking: A total of 69 spaces are required for this project and 65 spaces are being provided including three (3) handicapped spaces and one (i) bike rack. This is a four (4) space or 5.8% shortfall. Staff supported a parking waiver of four (4) spaces or 5.8% as there is an opportunity for on -street parking with the implementation of the San Remo Drive Streetscape Plan. The note on the site plan regarding parking should be revised to accurately describe the existing and proposed uses. 13. Sewer: No additional sewer allocation requested. 14. Landscaping,_ The minimum landscaping requirement, based on building costs, is $3120 which is being met. The Design Review Committee at their 9/24/01 meeting required the applicant to revise the landscape plan for the Development Review Board. i5. Traffic: The property is currently approved for 104.8 P.M. peak vehicle trip ends (vte's). The Development Review Board estimates, as part of the last approval, that the proposed uses will generate 118.36 peak hour vte's for an overall increase of 13.56 vte's. Page #3 16. LightinQ: The applicant was previously approved for the following exterior lights: a. One (I) 250 watt metal halide lamp with a downcasting shielded fixture mounted on Iz foot pole. b. Nine (9) ioo watt metal halide lamps mounted in the new soffit with downcasting shielded fixtures. c. Three (3) ioo watt metal halide building mounted lamps mounted on the building above three (3) doors with downcasting shielded fixtures. 17. The applicant has proposed several changes to the lighting. The Design Review Committee approved the proposed lighting changes. 18. Dumpster: The dumpster will be stored within a vinyl fenced enclosure to the rear of the accessory building. i9. DESIGN REVIEW The City Center Design Review Committee reviewed this proposal at their 9/24/01 meeting. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-oi-5o and Design Review application #DR- oI-Iz of Edgar Welch to amend a planned unit development consisting of. I) a I2,900 sq. ft. retail building which includes one (i) dwelling unit, z) a 1800 sq. ft. retail building, and 3) a 1800 sq. ft. accessory building. The amendment consist of. i) converting 2594 sq. ft. of retail space to general office space in main building, z) adding 590 sq. ft. of mezzanine retail space to main building, 3) facade alterations to all building, 4) signage alterations, 5) site modifications to parking, landscaping, and lighting, and 6) converting 96o sq. ft. of retail space to indoor recreational use in the main building, 34o Dorset Street, as depicted on a two (z) page set of plans, page one (I) entitled, "34o Dorset Street South Burlington, Vermont" prepared by Michael Dugan, dated 1/28/99, last revised on io/oi/oi, with the following stipulations: i. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. z. 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 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: Page #4 a. The plan shall be revised to note the current overall coverage information. b. The plan shall be revised to note the proposed and existing uses and the parking requirements. 4. Pursuant to Section 25.256 (b) of the zoning regulations, the Development Review Board approves a 4 space or 5.8% waiver for a total of 5 spaces approved. 5. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the proposed change in use and expansion will generate 13.56 additional vehicle trip ends during the P.M. peak hour. 6. Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to approval lights shall require approval of the Director prior to installation. 7. The final plat plan (sheet si) shall be recorded in the South Burlington Land Records within go days or this approval is null and void. The plan shall be signed by the Development Review Board Chair or Clerk prior to recording. Chairman/C f r r South Burlin&t�Z— Development Review Board Date / C) � 0 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 3o days of the date this decision is issued. The fee is $i5o.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).