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Home My WebLink AboutSP-04-41 - Decision - 0600 Swift StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING CITY of SOUTH BURLINGTON & ROTARY CLUB OF SOUTH BURLINGTON 1000 DORSET STREET SITE PLAN APPLICATION #SP-04-41 FINDINGS of FACT AND DECISION The City of South Burlington and the Rotary Club of South Burlington, hereinafter referred to as the applicants, are seeking site plan approval to construct a 980 sq ft. open air public band shell, 1000 Dorset Street. The proposed project was originally scheduled for review by the Development Review Board on November 19, 2004, but was continued to December 21, 2004 at the applicant's request. Jay Pasackow represented the applicants. Based on testimony provided at the above mentioned public meeting 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 applicants are seeking site plan approval to construct a 980 sq ft. open air public band shell, 1000 Dorset Street. 2. The proposed project was originally scheduled for review by the Development Review Board on November 19, 2004, but was continued to December 21, 2004 at the applicant's request. 3. The subject property is located in the Park & Recreation Zoning District. 4. The owner of record of the subject property is the City of South Burlington. 5. The plans submitted consist of a three (3) page set of plans, page two (2) entitled, "Rotary Band Shell South Burlington, Vermont Plan and Elevations", prepared by Scott & Partners Architects, dated 11/9/04. - 1 - Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements PR Zoning District Required Pro -posed �l Min. Lot Size None 68.73 acres Max. Building Coverage 15% 3.33% Max. Overall Coverage 25% 8.47% �l Min. Front Setback 40' >40' Min. Side Setback 15' >15' �l Min. Rear Setback 30' >30' 4 zoning compliance SITE PLAN REVIEW STANDARDS 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 proposed project is for a 980 square foot building to be added to Dorset Park. The site plan has been designed to accomplish a desirable transition from structure to site or from structure to structure. Planting areas and pedestrian movement patterns are sufficient. The property contains a total of 302 parking spaces, which were designed to accommodate Dorset Park at full build -out. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, the property contains a bicycle rack. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking areas on the subject are currently in existence and will remain unchanged through the proposed project. (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 proposed building will be 26'. The scale of the proposed building is compatible with the existing and adjoining buildings. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. -2- Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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. This criterion is being met. (17 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. This criterion is being met. 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. It is not necessary to require any additional access easements as part of the proposed project. (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). There is an enclosed dumpster on the subject property. (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $3,000 of landscaping. The applicant is seeking a landscape credit for the full amount of $3,000. -3- 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. Access/Circulation Access and circulation on the subject property are adequate. Traffic The intersection at Swift Street Extension and Dorset Street was designed to accommodate the traffic of Dorset Park at full build -out. Other The noise produced from events at the proposed structure may be a point -of -concern. Any noise resulting from event at the proposed structure shall comply with Appendix A.3 of the Land Development Regulations. DECISION M Motion by &6#'Ek , seconded by to approve Site Plan Application #SP-04-41 of the City o South Burlington Ad Rotary Club of South Burlington, 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, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3) The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a) The plan shall be revised to show location of additional exterior lightning, if any. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) The Development Review Board grant the applicant a landscape credit of $3,000. 6) Prior to permit issuance, the applicant shall submit exterior lighting details (cut - sheets) that indicate the proposed lighting is in compliance with Appendix D of the Land Development Regulations, if any lighting is proposed. 7) 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. 8) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly constructed band shell. 9) Any change to the site plan shall require approval by the South Burlington Development Review Board. Chuck Bolton — ea nay/abstain/not present Mark Boucher ea nay/abstain/not present John Dinklage nay/abstain/not present Roger Farley — �e nay/abstain/not present Michele Kupersmith — yea/nay/abstain/not present Larry Kupferman — rea/nay/abstain/not present Gayle Quimby — yea/nay/abstain of pr sent` Motion carried by a vote of (k.� - a -% Signed this day of December, 2004. by John Dinklage, Chair 1` Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). -5-