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Home My WebLink AboutSP-04-19 - Decision - 0063 Ethan Allen DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING MIKE HOP WOOD— 63 ETHAN ALLEN DRIVE SITE PLAN ASP--04-19 FINDINGS OF FACT AND DECISION Mike Hopwood, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved site plan for a 6,000 sq ft building used for auto sales, service and repair. The amendment consists of a site modification for outdoor storage of vehicles under repair, 63 Ethan Allen Drive. The applicant received administrative approval for the subject property on January 81h, 2004. The Development Review Board held a public meeting on June 15, 2004. Jim Howley 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 approval to amend a previously approved site plan for a 6,000 sq ft building used for auto sales, service and repair. The amendment consists of a site modification for outdoor storage of vehicles under repair, 63 Ethan Allen Drive. 2. The owner of record is Mike Hopwood. 3. The property lies within the Mixed Industrial & Commercial (IC) District. 4. The plans submitted consist of one (1) sheet entitled, "Hopwood Property So. Burlington Vermont", prepared by Llewellyn -Howley, Inc., dated 10/25/03, last revised on 4/28/04. - 1 - ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements IC Zonin District Re wired Proposed Mn. Lot Size 40,000 SF 48,877 SF Max. Building Coverage 40% 12.4% Max. Total Coverage 70% 40.1 % Max. Front Yard Coverage 30% 30%; 25.5% Min. Front Setback 30 ft. 52 ft. Min. Side Setback 10 ft. > loft. Min. Rear Setback 30 ft. n/a zoning compliance SITE PLAN RE VIE WSTANDARDS 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 area The 6,060 square foot building is existing. According to Table 13-2 of the Land Development Regulations, an automobile and motorcycle sales, service, and repair facility requires two (2) parking spaces for every 1,000 square feet of gross floor area (GFA). The existing 6,060 square foot building will require twelve (12) parking spaces. Twelve (12) parking spaces are provided. Pursuant to Table 13-7 of the Land Development Regulations, the subject property will require one (1) handicapped -accessible parking space, which is provided. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable Parking for customers and employees is existing and is located along the two (2) front sides of the building. No change is proposed for these spaces. Parking for vehicles to be repaired is proposed to the westerly side of the building. The plans that received administrative approval on January 8, 2004 included a 6' high chain -link fence with screening strips to screen the vehicles to be stored on the property for long-term repair. This fence and screening has been eliminated as part of this application. In addition, the administrative approval included a vegetative buffer along the westerly property boundary. This hedge was located in a Class H wetland buffer and the applicant did not receive a CUD from the State. The applicant has received State approval for the landscaping as shown on these plans. -2- (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 maximum height of the existing building is 34', which is consistent with the development on surrounding properties. (d) Newly installed utility services and service modifyibexterior alterations or building expansions shall, to the extent feasible, be underground Pursuant to Section 13.15(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 The applicant shall install a 6' high opaque fencing to screen the vehicles being stored on the property. 09 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 The existing building is consistent with the terrain and the surrounding buildings in the area. 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 create access to the properties that abut the subject property. (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 1.5.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. -3- (c) All dumpsters and otherfacilities 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 is proposing two (2) dumpsters on the northwesterly corner of the building. (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $225 of landscaping. The application states that $1,200 of landscaping will be provided. This landscaping is proposed to consist of 7 Dark American Arborvitae. The last administrative approval of the property included a row of 15 Dark American Arborvitae. Seven (7) of these trees will not provide comparable screening. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage areas must be specified and located in an area that will minimize the potential for run-off. The plans do not depict proposed snow storage areas. 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. The applicant is not proposing any changes. Access/Circulation Access to the subject property is currently provided by a 36' wide curb -cut on Ethan Allen drive and a 20' wide curb -cut on Commerce Avenue. No changes are proposed. Circulation on the site is adequate. Traffic Traffic impact fees were paid for the property at the time the lot was developed. Thus, no additional traffic impacts fees are required. Other If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover. -4- DECISION Motion by Larry Kupferman, seconded by Roger Farley, to approve Final Plat Application #SD-04-19 of Mike Hopwood, subject to the following conditions: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) 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 zoning permit issuance. a) The plans shall be revised to indicate that the two (2) proposed dumpsters will be enclosed with opaque fencing. b) Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall be revised to clearly depict the proposed snow storage areas. 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 applicant shall post a $1,200 landscape bond prior to the issuance of a zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 6) If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit. 7) The Applicant shall obtain a zoning permit within six (6) months of this decision 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 from the Administrative Officer prior to the use of the outside storage area. 9) Any change to the site plan shall require approval by the South Burlington Development Review Board. -5- Chuck Bolton - ya/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/ngy/abstain/not present Motion Carried by a vote of 5-1-0. rk Signed on this / i day of �� , 2004 by A.'a- 2. L�� Gayle Quimby, C149k 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. If you fail to appeal this decision your right to challenge this decision at some point in the future 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). rem