HomeMy WebLinkAboutCU-99-04 SP-99-44 - Decision - 0364 0366 0368 Dorset Street#CU-99-04
#SP-99-44
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of South Burlington Realty Company seeking conditional use
approval from Section 26.05, Conditional Uses and Section 26.65, Multiple Structures and Uses
on Lots, of the South Burlington Zoning Regulations. Request is for permission to use an
existing building at 366 Dorset Street for a multiple number of uses, and site plan and design
review applications of South Burlington Realty to amend a previously approved plan for two (2)
existing buildings consisting of: 1) 3600 square foot convenience store, 2) 1200 square foot fast
food restaurant with 22 seats, 3) 3500 square feet of general office space, and 4) 4560 square foot
shop and contractor's yard.
On the 19' day of October, 1999, the South Burlington Development Review Board approved
the applications of South Burlington Realty Company to amend a previously approved plan for
two existing buildings consisting of. 1) 3600 sq. ft. convenience store, 2) 1200 sq. ft. fast food
restaurant with 22 seats, 3) 3500 sq. ft. of general office space, and 4) 4560 sq. ft. shop area to be
used for a multiple number of commercial uses for a multiple number of tenants and using a
portion of the property as a contractor's yard, 364, 366, and 368 Dorset Street, based on the
following findings:
1. This application was continued from the October 5, 1999 meeting to provide the City Attorney
an opportunity to render an opinion as to whether the City should treat this application as a site
plan or PUD. It is the City Attorney's opinion that we treat this application as a site plan. The
applicant has agreed to proceed with this as one lot and consider it a site plan.
2. This project consists of amending a previously approved plan for two (2) existing buildings
consisting of. 1) 3600 square foot convenience store, 2) 1200 square foot fast food restaurant
with 22 seats, 3) 3500 square feet of general office space, and 4) 4560 square foot shop and
contractor's yard. The amendment consists of. 1) renovating the 366 Dorset Street building and
allowing the 4560 square foot shop area to be used for a multiple number of commercial uses for
a multiple number of tenants, and 2) maintaining a portion of the property for a contractor's yard.
3. This property located at 364, 366 and 368 Dorset Street lies within the CD2 District. It is
bounded on the north by a commercial building, on the west by Dorset Street, and on the south
and east by San Remo Drive.
4. The applicant is requesting to use a portion of the building at 366 Dorset Street for a multiple
number of tenants for any of the permitted and conditional uses listed below. This request is
being made with the provision that all the uses within the building would not require more than 40
spaces which are provided on the property, would not generate more than 650 gpd of sewer
allocation and not generate more than 17 vehicle trip ends during the P.M. peak hour. The reason
for this request is so the applicant can have the flexibility of changing tenants whose uses fall
within the approved sewer, traffic and parking limits without having to return to the Development
Review Board each time. When a use is to be changed, the applicant would contact the Director
of Planning & Zoning and he would review the existing uses and the proposed use to make certain
that it does not exceed the upper limits approved by the Development Review Board.
The Development Review Board was made aware that approving multiple uses would preclude
the applicant from having to obtain design review approval when a change of use is proposed.
The applicant would be required to seek design review approval only when a physical change of
the exterior of the building or to the site is proposed.
Uses requested are as follows:
14.101 Permitted Uses:
(a) Retail and personal service uses including pharmacy, convenience grocery,
supermarket, florist, beauty/barber, hardware store, and other retail and
personal service shops
I General office
iii. Medical office
e) Standard restaurant (not including fast -foods restaurant)
f) Bakery and delicatessen restaurants
g) Cultural facilities including museums, studio spaces for craft persons,
galleries and theaters.
(i) Printing, bookbinding and publishing
j) Educational facility
k) Indoor Recreation
1) Accessory uses to the uses listed above
14.201 Conditional Uses:
a) Fast food restaurants that serve walk-in, sit down customers. No drive -
through establishments allowed.
g) Day care centers
(h) Accessory uses to the uses listed above
5. Access/circulation: Access is proposed to be via a 36 foot curb cut on Dorset Street and a 24
foot curb cut on San Remo Drive. Access is also available via a shared curb cut on Dorset Street
and San Remo Drive and a private r.o.w. connecting Dorset Street with San Remo Drive. An
existing curb cut on San Remo Drive near Dorset Street will be eliminated. The issue of a paved
driveway along the front of the 366 Dorset Street building has been eliminated. The applicant
proposes to remove all the pavement in front of both 366 and 364 Dorset Street and replace it
with lawn/landscaping.
The applicant proposes to retain the use of a portion of the property at the north-east corner for a
contractor's yard. Plan shall indicate how access will be provided to this area.
6. Coverage/setbacks: Building coverage is 11% (maximum allowed is 40%). Overall coverage
is 40.3% (maximum allowed is 90%). Overall coverage information should be revised to include
the entire fenced storage area as covered.
7. Parking: A total of 65 spaces including two (2) handicapped spaces are provided (40 of these
spaces are for the 366 Dorset Street building). One additional handicapped space should be
provided. 10 additional spaces are proposed to be constructed in the future if necessary. These
additional spaces should be constructed if determined necessary by the Development Review
Board. The plan should be revised to provide a bike rack for each building.
8. Density: The floor area ratio is 0.13 (maximum allowed is 0.5).
9. Sewer: The current sewer allocation for the entire property is 1215 gpd. The applicant is
requesting 200 gpd of additional allocation for a total of 1415 (650 gpd is for the 366 Dorset
Street building). The applicant will be required to pay the per gallon fee prior to permit issuance.
10. Traffic: The property is currently approved for a maximum of 95 vehicle trip ends during the
P.M. peak hour. The applicant is requesting to increase this to 97 vte's which is a 2 vte increase
(17 vte's are for the 366 Dorset Street building).
11. Landscaping: The minimum landscaping required, based on building costs, is $3900 which is
being met. Proposed plantings include Linden, Ash, Juniper and Yew.
The applicant is proposing lawn and street trees along the front of both buildings as recommended
by staff. All areas of the site which are not shown as paved on the plan should be lawn with the
exception of the enclosed storage area.
DESIGN REVIEW
The City Center Design Review Committee reviewed this application at their 9/27/99 meeting and
voted to recommend approval subject to certain conditions.
Building Design Criteria:
The applicant has revised the plans to address concerns expressed by staff and the Development
Review Board. Staff recommended approval of the application.
Consistent Design: The proposal generally promotes a consistent organization of major elements
in terms of window and door arrangement and building materials.
Materials: The proposal generally complies as the zoning allows a variety of building
materials in Design District 2. The applicant is proposing to maintain the simulated field stone in
front and install vinyl clapboard in back. The proposal is clearly an improvement over the existing
materials which include metal siding.
Colors & Textures: Applicant is proposing to retain the existing simulated field stone in front.
The stone will be tinted a reddish color. The clapboard is proposed to be "medium warm grey
tan" in color. The shingles are proposed to be black.
Windows and Doors: Windows and doors appear to be well organized and arranged in a pattern.
The zoning requires that the majority of the first floor facade area facing Dorset Street shall
consist of see -through glass. The applicant is proposing approximately 47% of the first floor
facade facing Dorset Street to consist of see -through glass.
Human -scale Design Elements: This appears to be promoted through the arrangement of the
windows and doors and use of columns.
Roofs: Applicant is proposing an 8 on 12 pitched roof on the back portion of the building
(minimum 8 on 12 required) and a 4 on 12 pitch on the front, two story portion of the building.
Orient Buildings to Public Street: The zoning requires that buildings undergoing renovation shall
include improvements that better relate the building to the public street. The building is
predominantly oriented to the parking lot. However, the orientation to Dorset Street is being
somewhat improved by enhancing the design of the door facing Dorset Street installing more
windows along Dorset Street and constructing sidewalks out to Dorset Street.
Landscaping_ The applicant is proposing to convert existing gravel and paved areas to lawn,
including the paved areas in front of the 364 and 366 Dorset Street buildings.
The proposed street trees along San Remo Drive should not be planted until the City develops a
new streetscape plan for San Remo Drive.
Walls/fences: The applicant is proposing to remove most of the existing chain link fence. One
area of chain link fence will remain around the area where the applicant is proposing to retain the
contractor's yard use. The wooden guard rail will also be removed along the frontage of the 364,
366 and 368 Dorset Street portions of the property.
Details of the proposed stockade fence have been submitted as requested by the Design Review
Committee.
Accessible open space: None existing or proposed.
Circulation: The San Remo Drive curb cut next to the San Remo Drive/Dorset Street
intersection is proposed to be closed. An access connection between the 364 and 366 areas is
being provided.
Exterior Lighting_ The applicant is proposing soffit lighting under the canopy and three 150 watt
pole lights. Details of the lighting should be submitted. All existing pole mounted floodlights
should be removed.
Streetscape Improvements: The zoning requires applicants to implement streetscape
improvements (i.e., sidewalks, street lighting, street trees, etc.) within the portion of the public
ROW directly fronting the parcel of land for which development is proposed. The Dorset Street
improvements have already been implemented. The applicant is not proposing any streetscape
improvements along San Remo Drive as the City has not yet agreed on appropriate streetscape
design for this road.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
the application of South Burlington Realty Company seeking conditional use approval from
Section 26.05, Conditional Uses and Section 26.65, Multiple Structures and Uses on Lots, of the
South Burlington Zoning Regulations. Request is for permission to use an existing building at
366 Dorset Street for a multiple number of uses, and site plan and design review applications of
South Burlington Realty to amend a previously approved plan for two (2) existing buildings
consisting of. 1) 3600 square foot convenience store, 2) 1200 square foot fast food restaurant
with 22 seats, 3) 3500 square feet of general office space, and 4) 4560 square foot shop and
contractor's yard. The amendment consists of allowing the 4560 square foot shop area to be used
for a multiple number of commercial uses for a multiple number of tenants and using a portion of
the property as a contractor's yard, 364, 366 & 368 Dorset Street as depicted on a (3) page set of
plans, page one (1) entitled, "South Burlington Realty South Burlington Vermont Site Plan for
366 Dorset Street," prepared by Llewellyn - Howley, Inc., dated 5/7/99, last revised on 10/12/99,
with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2) This approval is for the 4560 square foot portion of the building at 366 Dorset Street and
includes the following uses which are currently permitted in the CD2 District: retail and personal
service uses including pharmacy, convenience grocery, super -market, florist, beauty/barber,
hardware store, and other retail and personal service shops; general office; medical office;
standard restaurant (not including fast-food restaurants); bakery and delicatessen restaurants;
cultural facilities including museums, studio spaces for craft persons, galleries and theaters;
printing, bookbinding and publishing; educational facility; indoor recreation; fast food restaurants
that serve walk-in, sit down customers. No drive -through establishments allowed; day care
centers; and accessory uses to the uses listed above. If the zoning regulations change so that any
of the above uses are no longer permitted, then those uses which are no longer permitted shall no
longer be approved.
3) This approval is conditioned on a maximum of 40 parking spaces, 650 gpd sewer allocation,
and 17 vehicle trip ends (vte's) during the P.M. peak hour for that portion of the building at 366
Dorset Street for which multiple uses are being approved.
4) The applicant shall obtain approval from the Director of Planning & Zoning (hereinafter
Director) prior to the change of any tenant in the building. The Director shall approve the
proposed new tenant only if the proposed combination of uses fits within the limitations
established in stipulation #3 above. In making his determination, the Director shall utilize the
parking standards contained in Table 1 of the zoning regulations, sewer flow quantities used by
the Vermont Agency of Natural Resources and trip generation rates contained in the 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.
5) The Development Review Board approves an additional sewer allocation of 200 gpd for a total
of 1415 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance for
the additional allocation.
6) For the purpose of calculating road impact fees under the South Burlington Impact Ordinance,
the Development Review Board estimates that the multiple uses will general 2 additional vehicle
trip ends during the P.M. peak hour.
7) The plans shall be revised to show the changes below and shall require approval of the
Director. Three (3) copies of the approved revised plans shall be submitted to the Director prior
to recording:
a) The site plan shall be revised to indicate how access will be provided to the contractor's
yard portion of the property.
b) The site plan shall be revised to include the entire fenced storage area in the overall
coverage information.
c) The site plan shall be revised to add one (1) additional handicapped space and add a
bike rack for each building.
8) Prior to issuance of a zoning permit, the applicant shall post a $3900 landscape bond. The
?4$
90 Sno-c� 3L8 0 oGf,� Iy
2,0
yv
bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a
good chance of surviving.
9) All exterior lighting shall consists of downcasting shielded fixtures. Any change to approved
lights shall require approval of the Director prior to installation. All flood lights shall be removed.
Prior to permit issuance, the applicant shall submit details of the exterior lights for approval by the
Director.
10) All areas of the site which are not shown as paved on the plan shall be lawn with the
exception of the fenced storage area.
11) Prior to issuance of a zoning permit, the applicant shall submit the plans to the City Center
Design Review Committee for a final review. The applicant shall revise the plans to show any
changes recommended by the Design Review Committee provided such changes are determined
by the Director of Planning & Zoning to be minor and consistent with the Development Review
Board's approval.
12) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302
of the zoning regulations or this approval is null and void.
13) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the newly converted space.
14) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
Chair or Clerk
Soh Burlington Development Review Board
% 2 /?/.7 �
ate