HomeMy WebLinkAboutSP-09-48 DR-09-03 - Decision - 0350 Dorset Street#S P-09-48
#DR-09-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TYLER DAWSON - 350 DORSET STREET
SITE PLAN APPLICATION #SP-09-48
DESIGN REVIEW APPLICATION #DR-09-03
FINDINGS OF FACT AND DECISION
Tyler Dawson, hereafter referred to as the applicant, is seeking site plan review to
amend a previously approved plan for a 7,680 sq. ft. retail building. The amendment
consists of relocating the access drive to San Remo Drive, 350 Dorset Street (Pet
Advantage).
The applicant is also seeking Design Review approval to relocate the property's access
drive to San Remo Drive, 350 Dorset Street.
As the subject property lies within the Design Review Overlay District, the Design
Review Committee (DRC) reviewed the proposed application. The DRC had no
concerns or comments with respect to their level of review.
The Development Review Board held a public hearing on July 7, 2009. Tyler Dawson
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 amend a previously approved plan for a
7,680 sq. ft. retail building. The amendment consists of relocating the access drive to
San Remo Drive, 350 Dorset Street (Pet Advantage).
2. The applicant is also seeking Design Review approval to relocate the property's
access drive to San Remo Drive, 350 Dorset Street.
3. As the subject property lies within the Design Review Overlay District, the Design
Review Committee (DRC) reviewed the proposed application. The DRC had no
concerns or comments with respect to their level of review.
4. The application was received on June 5, 2009.
5. The owner of record of the subject property is Dawson Dorset Street Properties, LLC
6. The subject property is located in the Central District 3 Zoning District.
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7. The plan submitted is entitled, "350 Dorset Street South Burlington Vermont, Dawson
Dorset Street Properties, LLC — owner 399 Barber Road St. George Vermont," prepared
by Meshael Dergan, Architect, dated 6/11/09.
SITE PLAN REVIEW STANDARDS
8. 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 relocate the San Remo Drive curb cut from the southern
property line to the northerly line. The applicant has stated that they believe this will
facilitate better traffic flow and truck access. The applicant would relocate the displaced
shrubs to the newly grassed area.
The Director of Public Works has stated that he has no problems with the proposal.
Based on 7,680 square feet of retail and personal service use, 31 parking spaces are
required, including two which must be handicapped accessible. The site plan includes
parking for 63 vehicles, including three shown as handicapped accessible. This is more
than sufficient.
Staff has visited the site and notes that the three parking spaces shown to the north side
of the building are inappropriate as they block emergency exit and service doors. These
should be removed from the plans. Furthermore, the two parking spaces along the
northerly property line and fence are not of adequate dimension. They should be
redrawn to be at least 22 feet in length.
(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 Bur!ington Water Department has reviewed the plans and stated that no
changes or additional allocation will be necessary.
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(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.
(f7 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.
9. 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 additional opportunities for connecting access to surrounding
properties. A shared access exists to the property to the north and is frequently used.
(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.
(c) All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible,
secure andproperly screened with opaque fencing to ensure that trash and
debris do not escape the enclosure(s).
The plan shows existing dumpsters.
(d) Landscaping and Screening Requirements
As there is no new construction, no additional landscaping shall be required.
Pursuant to Section 13.06(8) of the Land Development Regulations, the plans shall
depict snow storage areas that will minimize the potential for run-off.
10. 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.
No new lighting is proposed.
11. Traffic
There are no changes in traffic generation.
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Central District Reauirements
12. Section 8.04 Dimensional Requirements in All Districts
A. Purpose. The general intent of the building setbacks in the Central District is to
require all buildings to front on to public streets and to require that parking facilities are
located in the center of the blocks to the greatest extent practicable, occupy only minimal
frontage on public streets, and are thoroughly screened from view from public streets
and rights -of -way.
The parking proposed for this development is in conformance with this criterion.
B. Location of buildings and structures.
(1) All buildings and structures, with the exception of parking facilities, are required to be
constructed within an allowable building envelope. The maximum depth of allowable
building envelopes shall be eighty (80) feet and, in general, shall be measured from the
nearest planned public street right-of-way as shown on the South Burlington Official
Map.
(2) The Development Review Board may approve a building, a portion of which extends
beyond the building envelope provided the building contains a minimum of two (2)
stories and the overall site design of the property is found to be in conformance with the
intent and purpose of the Central District.
The proposed building is existing and predominantly within this envelope.
C. Special Standards for Setbacks
(1) Side yard setbacks shall be a minimum of five (5) feet, or between zero (0) and five
(5) feet if a fire wall is provided.
(2) The front yard setback area along Dorset Street, Brookwood Drive and Sherry Road
shall be restricted to the following uses or improvements:
(a) landscaping and green space
(b) access drives
(c) pedestrian oriented improvements including but not limited to sidewalks,
plazas, benches, and bicycle racks.
(d) utility services provided they are placed underground. Appurtenant facilities
such as transformers and amplifiers may be installed at ground level where such
is in accordance with Section 13.18 of these Regulations (utility cabinets and
structures).
D. Location of Parking Areas and Structures
(1) Multi -level parking garages and decks may be constructed within an allowable
building envelope, and/or outside of an allowable building envelope if located in the
center of a block.
(2) Surface parking may be provided within the allowable building envelope if it is located
behind a building and is hidden from view from the public street.
(3) The Development Review Board may approve surface parking which is within the
allowable building envelope and which is not hidden from view from the public street by
a building, provided:
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(a) the subject parking represents the smallest practicable portion of the total parking
required for the properly,
(b) the area encompassed by the subject surface parking represents a significantly
minor portion of the total allowable building envelope area existing on the property,
(c) the applicant has sought parking waivers from the ORB to reduce the amount of
surface parking required, and
(d) the overall site design of the property is found to be in conformance with the intent
and purpose of the Central District.
The Board has already addressed this criterion.
E. Parking Requirements
(1) The parking requirements of Table 13 are required in the Central District. These
standards may be met on -site or off -site if the parking facility is located within seven
hundred (700) feet of the main entrance of the establishment and is approved by the
Development Review Board.
(2) The Development Review Board may accept a contribution to the parking trust fund
to establish a municipal parking lot in lieu of parking spaces. The amount of the
contribution shall be based on a per space fee set by the City Council.
(3) The Development Review Board may further reduce the amount of parking required,
up to a maximum of eighty percent (80%) of the number of spaces required, in
conjunction with an approved master plan upon a showing by the applicant that the
master plan includes viable provisions for off -site employee parking and transportation
and construction of mass transit stops within the master planned area sufficient to further
reduce parking demand.
(4) Parking lots located in the centers of blocks shall be connected with openings
between lots to allow traffic flow between lots.
The Board has already addressed this criterion.
�r DECISION d
Motion by l �l`1 L� QG ���, seconded by �`'����C to
approve Site Plan Application #SP-09-48 and Design Review Application #DR-09-03 of
Tyler Dawson 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 plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
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a. The three parking spaces immediately adjacent to the north side of the
building shall be removed or redesigned to eliminate conflicts with the exit
doors.
b. The two parking spaces shown adjacent to the northerly property line and
fence shall be redrawn to meet the dimensions specified in the SBLDR, of
at least 22 feet in length.
c. The plan shall be revised to show adequate snow storage areas.
d. The plan shall be revised to show a bicycle rack.
4. 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.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the relocated driveway.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — ,yea nay/abstain/not presen
Matthew Birmingha — yea/nay/abstain of rese
John Dinklaginay/abstain/not
nay/abstain/not present
Roger Farley present
Eric Knudsenay/abstain/not present
Gayle Quimbnay/abstain/not present
Motion carried by a vote of 0 -
Signed this 1 ) day of 2009, by
John Dinklage, Chairman
f�
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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