HomeMy WebLinkAboutSP-15-79 - Decision - 0372 Dorset Street#SP-15-79
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ION SVITARSKY-372 DORSET ST.
SITE PLAN APPLICATION #SP-15-79
FINDINGS OF FACT AND DECISION
Site plan application #SP-15-79 of Jon Svitarsky to amend a previously approved plan for a 7,020 sq. ft.
building used as a radio and television station. The amendment consists of converting the building to a
Group Home (Community Residence) use to house a maximum of 25 residents, 372 Dorset Street.
The Development Review Board held a public hearing on February 2, March 1, and March 15, 2016. The
applicant 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, Jon Svitarsky, is seeking approval for site plan application #SP-15-79 to amend a
previously approved plan for a 7,020 sq. ft. building used as a radio and television station. The
amendment consists of converting the building to a Community Residence use to house a
maximum of 25 residents, 372 Dorset Street.
2. The owner of record is Sisters and Brothers Investment Group, LLP.
3. The subject property is located within the City Center Form Based Code District (FBC), Transect 4,
Central District 4, and Design Overlay District 2.
4. The application was received December 18, 2015
5. The submitted plan is titled "Site Plan 372 Dorset St. Water Service Upgrade," prepared by Donald
L. Hamlin Consulting Engineers, Inc., and dated 03/03/16.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
As the application was submitted following the warning by the City Council of a public hearing on amendments
to the Land Development Regulations affecting this parcel, the project must be reviewed under the relevant
portions of each. This application would be reviewed as an Administrative Site Plan under the proposed
amendments and therefore a separate Administrative Site Plan decision as #SP-15-79A will also be prepared.
No changes to lot size or setbacks are proposed and the overall coverage will decrease due to the removal of
one parking space, which will be replaced by landscaping. There are no changes proposed to the exterior of
the building. The proposed use would change from one permitted use to another permitted use.
#SP-15-79
According to the LDRs a Community Residence is defined as a residential facility or transitional housing for the
developmentally disabled, victims of domestic violence, or homeless persons or households. The use of the
building as presented by the applicant in #SP-15-79 Application for Site Plan Review is a "homeless shelter
which will provide food and shelter and help to homeless individuals."
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the following general review
standards for all site plan aoDlications:
(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.
No changes to the building or to pedestrian movement are proposed and one (1) parking space is to be
removed. The Director of Public Works provided comments regarding parking, which are noted below.
The Board finds that adequate planting is provided by the addition of the lawn and planting area shown on the
plan.
(b) Parking shall be located to the rear or sides of buildings.
Parking is located to the side and rear of the building and one space will be removed to be replaced with a lawn
and planting area.
(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 building will remain unchanged and below 35 feet.
(d) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
No such exterior alterations or building expansions are proposed.
(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.
There is only one building on the site. There is extensive vegetation and trees along the south side of the parcel
screening the building. See comments below regarding painting of the building under Design Review Overlay
District.
(}) 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 changes to the building are proposed.
2
#SP-15-79
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.
The property shares a driveway with the 370 Dorset Street building. The Board finds that no reservation of
land is necessary.
(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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or
other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure
that trash and debris do not escape the enclosure(s).
The applicant will collect waste using household -scale bins. No dumpsters are proposed.
(d) Landscaping and Screening Requirements
As there is no building construction proposed for this site, there are no minimum landscaping requirements. At
the Board's request, the applicant will be adding $900 of additional landscaping at the building entrance.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans must depict snow storage
areas that will minimize the potential for run-off. The applicant explained that snow will be hauled off -site.
Traffic
There is no category of Group Home or Community Residence in the ITE Trip Generation Manual. Given the
nature of the proposed use, the Board finds that the proposal would generate less traffic than that
generated by the prior radio station use.
DESIGN REVIEW OVERLAY DISTRICTS DR
11.01 City Center Design Review Overlay District (CCDR)
11.02 Site Design for City Center Design Review District
11.03 Commercial District 1 Design Review Overlay District [Reserved]
11.01 City Center Design Review Overlay District CCDR
3
#SP-15-79
A. Purpose. A City Center Design Review Overlay District (CCDR) is hereby formed in order to
promote development of the proposed South Burlington City Center as an attractive and cohesive area in
which the citizens of South Burlington can take pride. It is the intent of this overlay district to ensure that
the design of future development is aesthetically and functionally compatible with the desired character
for this area of the City, as stated in the Comprehensive Plan. It is recognized that good design will help
create and maintain a sense of place for the community, promote its self-awareness, and strengthen the
business and civic elements of the community.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of
South Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. City Center Design Review Overlay Districts and Purpose Statements. The CCDR Overlay District is
divided into the following three (3) sub -zones as depicted on the South Burlington Overlay Districts Map:
Design District 1, Design District 2, and Design District 3. A brief description of the location and proposed
design character of each district is provided below:
(1) Design District 1 - .................
(2) Design District 2 - This area includes all land on both sides of San Remo Drive. This area is
unique in that it is the only area in the designated City Center which is substantially developed with
buildings and uses. Many of the buildings, however, are in need of updating and aesthetic
improvement. The City's vision for this area is that of a somewhat unique and eclectic neighborhood
with a wide variety in design in terms of color, materials, building shapes and site layouts. It is the
City's vision that the existing buildings and sites be improved for example by replacing metal facades
with higher quality materials, adding windows and doors to the first floors, and doing improvements
to the sites to better relate the properties to the public street thereby promoting pedestrian
movement.
(3) Design District 3 - .........................
D. Activities Subject to Design Review.
(1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in
any underlying district in the City Center Design Review Overlay District shall be subject to the
standards and procedures in this Section. Except as hereinafter provided, no person shall do or cause
to be done any of the following acts with respect to any building or property located within the CCDR
Overlay District without first obtaining design plan approval from the Development Review Board:
(a) Construction or relocation of a building or structure
(b) Addition to or alteration of the exterior wall of a building or structure by tearing down or
removing any portion thereof, or, by filling in, sealing, boarding up, closing or enclosing any
portion of an existing window, door space, porch, or promenade thereon.
(c) Change of use (see Section (2) below)
(d) Alteration of the roofline of a building.
(e) Addition or removal of materials to or from the exterior walls of a building, where the
materials so added or exposed are of a kind or type different from those existing, including
differences in color. (Note: any erection, alteration or relocation of a sign, including a change in
color or lettering, is subject to review under the South Burlington Sign Ordinance).
(f) Construction, enlargement or alteration of any non -landscaped area on the property
4
#SP-15-79
including, but not limited to, parking areas, access lanes, sidewalks, loading areas or storage
areas, or, any removal or change to landscaping on the site.
(g) For applications involving a change of use with no construction, relocation, enlargement
or alteration subject to review, other than a change of use pursuant to Section (2) below, the
Development Review Board may require design improvement in accordance with these
regulations to the exterior of the building, the costs of which do not exceed $7,000 or 10% of the
assessed value of the building, whichever is greater.
The application does not involve any of items a-f listed above. The proposed use is changing from one
permitted use to another. The current assessed value of the building is $288,800.
This property is located in the City Center Design Review District. Section 11.01 (F) (1) (g) states in part:
".... In all Design Districts, for existing buildings undergoing renovation, improvements shall be
done to relate the building better to the public street. Such improvements could include the
installation of doors and windows along the sides of the building facing the public street, or the
construction of walkways between the building and street".
The subject building has windows facing the street, but does not have a door. It is the City's vision that
existing buildings in the design district be improved. Examples of improvements include: adding windows
and doors to the first floors, and doing improvements to the sites to better relate the properties to the
public street thereby promoting pedestrian movement.
The Board finds that in this instance, given the siting of the existing building in relation to the adjacent
sidewalk and Dorset Street, changes to the building structure are not necessary. In order to further the
above stated goal, the Board finds that the portion of the building which is not covered with vinyl siding will
be repainted and plantings must be added to the site as shown on the plan.
(2) Any interior alterations or changes that do not affect, change or add to the exterior of the
structure, or involve a change in use, shall not be subject to design review.
There are neither anticipated changes nor additions to the exterior of the structure.
(3) Any construction or alternation of municipal education facilities in Design Review Overlay
District 1 shall not be subject to design review.
Not applicable.
(4) Any construction or alternation of one or two family homes on parcels of 15,000 square feet
or less in Design Overlay Districts 2 and 3 shall not be subject to design review.
Not applicable.
Public Works Comments
In an email to staff dated January 6, 2016 the Department of Public Works commented as follows:
Below are comments on the site plan for the referenced project based on a drawing prepared by Gernier
Engineering, PC, revised on 3-26-14.
5
#SP-15-79
1. No utilities are shown on this plan. Based on discussions I've had with CWD, our staff and the
applicant, they are proposing to install a new water sprinkler service. Our plans indicate this is a less than
straightforward job given the depth and con'iplexity of the adjacent utilities. No plan is provided to show
how this work would be accomplished with minimal impact on adjacent city infrastructure.
2. The driveway/parking lot shows a circulation pattern and parking spaces, but it does not contain curb
cuts or other markings making it difficult to tell if their design would actually work.
Thanks,
Justin Rabidoux
Director of Public Works/City Engineer
The applicant subsequently provided updated plans which showed utilities and Justin Rabidoux of the
Department of Public Works told (verbally) Planning and Zoning staff that the Department had no further
comments that would be relevant to the Development Review Board, but the Department would continue
working with the applicant.
In an email to staff dated January 7, 2016 the Deputy Stormwater Superintendent commented as follows:
The Storm water Section has reviewed the "372 Dorset LLC" site plan prepared by Grenier Engineering, PC,
dated 8/6/04 and most recently updated on 3126114. We do not have any comments.
I believe that Justin will be sending over comments separately.
Thanks,
Dave
David P. Wheeler
Assistant Stormwater Superintendent
Other Issues
Water and Wastewater Approvals: The Board finds that prior to submission of an application for a zoning
permit, the applicant must obtain final water and wastewater allocation approvals for the proposed use.
DECISION
Motion by John Wilking, seconded by Matt Cota, to approve site plan application #SP-15-79 of Jon Svitarsky
subject to the following conditions:
All previous approvals and stipulations which are not changed by this decision, will remain in full
effect.
#SP-15-79
2. This project must 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 must post a $900.00 landscaping bond. This bond must
remain in full effect for three (3) years to assure that the landscaping has taken root and has a good
chance of survival.
4. The applicant must 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 must paint the portions of the building which do not have vinyl siding prior to the
issuance of the Certificate of Occupancy.
6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy of the new use.
7. All changes to the plan will require approval of the South Burlington Development Review Board or
Administrative Officer.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 4— 0 — 0.
7 J
Signed this day of 2016, by
Bill Miller, Vice -Chair
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://vermontjudiciary.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.
7