HomeMy WebLinkAboutSP-11-04 - Decision - 0368 Dorset Street#SP-11-04
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH BURLINGTON REALTY- 364-368 DORSET STREET
SITE PLAN APPLICATION #SP-11-04
FINDINGS OF FACT AND DECISION
South Burlington Realty Co, hereafter referred to as the applicant, is seeking site plan
review to amend a previously approved plan for multi -use multi -building complex. The
amendment consists of allowing 20 parking spaces on the property to be used for off -site
parking for a cultural facility use at 50 San Remo Drive, 364-368 Dorset Street.
The Development Review Board held a public hearing on February 15, 2011. Chet
Thabault represented the applicant.
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
multi -use multi -building complex. The amendment consists of allowing 20 parking
spaces on the property to be used for off -site parking for a cultural facility use at 50 San
Remo Drive, 364-368 Dorset Street.
3. The application was received on January 21, 2011.
3. The owner of record of the subject property is Dorset Street Real Estate Holdings,
LLC
4. The subject property is located in the Central District Zoning District, Central District 4
sub -district and City Center Design Review Overlay District 2.
5. The plan submitted is entitled "South Burlington Realty 360-368 Dorset Street South
Burlington, VT," prepared by Llewelyn-Howley, Inc dated 5/7/99, last revised on
12/14/04.
SITE PLAN REVIEW STANDARDS
6. 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.
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The application is to share 20 parking spaces on the subject property with an adjacent
property after 5 pm. The applicant has submitted a shared parking analysis for the
subject parcel and the adjacent property. The subject property is adequately served by
its existing parking, and the shared use of only 20 spaces, only after 5 pm, should not
present a problem as the predominant use of the subject property is office and medical
use, which is mostly closed after 5 pm. The Board has no concerns with this shared
parking proposal.
DECISION D
Motion by A N, 1 M , seconded by �I\ LC_to
approve Site Plan Application # P-11-04 of South Burlington Realty, subje t 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. Prior to permit issuance, the applicant shall record appropriate legal documents to
ensure that the off -site parking spaces shall be available for use by the user or users
for which the off -site parking spaces are being sought. Such legal documents shall
be acceptable to the City Attorney in form and content. Such legal documents shall
ensure the continued existence of the parking lot or facility to serve said uses so long
as they may exist. Such agreement shall guarantee also that upon termination of
such joint use, each subsequent use of the premises will provide off-street parking
for its own use in accordance with the requirements of section 13.01and Tables 13-1
through 13-6 of the Land Development Regulations.
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 space as a cultural facility.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — e nay/abstain/not present
Matthew Birmingha —yea/nay/abstain of present
John Dinklage
nay/abstain/not present
Roger Farley ye
ay/abstain/not present
Gayle Quimby
ay/abstain/not present
Michael Sirotkin—
nay/abstain/not present
William Stuono- a
nay/abstain/not present
Motion carried by a vote of 6-y - 0
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#SP-11-04
Signed this day of �� f `' `` ' 2011, by
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the
date of this decision, a notice of appeal and the required fee by certified mail to the
Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of
appeal must also be mailed to the City of South Burlington Planning and Zoning
Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P.
5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vennontjudiciar�org/GTC/environmental/default.aspx for more information on
filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain
relevant state permits for this project. Call 802.879.5676 to speak with the regional
Permit Specialist.
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