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HomeMy WebLinkAboutSP-16-22 - Decision - 0010 Farrell Street#SP-16-22 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TEN FARRELL STREET, LLC-10 FARRELL STREET SITE PLAN APPLICATION #SP-16-22 FINDINGS OF FACT AND DECISION Site plan application #SP-16-22 of Ten Farrell Street, LLC to amend a previously approved plan for a 26,125 sq. ft. mixed use building. The amendment is for an umbrella approval to allow for additional permitted uses, 10 Farrell Street. The Development Review Board held a public hearing on May 17, June 7, and June 21, 2016. The applicant was represented by Rick Davis and Michael McCormick. Based on the plans and 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, Ten Farrell Street, LLC, seeks to amend a previously approved plan for a 26,125 sq. ft. mixed use building. The amendment is for changes to landscaping and an umbrella approval to allow for additional permitted uses, 10 Farrell Street. 2. The owner of record of the subject property is Ten Farrell Street, LLC. 3. The application was received on March 18, 2016. 4. The property lies within the Swift Street Zoning District. 5. The plan submitted consists of seven (7) pages with the first page titled "10 Farrell Street Site Plan" prepared by HKWP Landscape Architects, dated as last revised 7/14/2011 and received on 5/27/16. Umbrella Approval The applicant is proposing the following uses be permitted on the property: Personal Instruction Facility, Place of Worship, Artist Production Studio, Child Care Facility, Convenience Store less than 3,000 square feet, Cannabis Dispensary (dispensing only), General Office, Medical Office, Personal or Business Service, Pet Grooming, Photocopy & Printing Shops with accessory retail, Radio/TV Studio, Indoor Recreation Facility, Research facility or laboratory, Restaurant standard, Retail sales, Seasonal Mobile Food Unit, Taverns, Nightclubs, & Private Club. The Board has reviewed the Land Development Regulations and all of the requested uses are permitted in the Swift Street Zoning District at this time. Site Plan Review Standards Section 14 of the Land Development Regulations establish the following general review standards for site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive #SP-16-22 Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. This application for umbrella approval is aligned with the Comprehensive Plan because allowing a breadth of uses at the site encourages shared parking opportunities and mixed retail/office/restaurant uses. B. Relationship of Proposed Structures to the Site. 1) 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. 2) Parking The applicant has shown on the plans that the number of parking spaces can increase from 78 to 82 by re -striping the parking lot and will not change access or circulation patterns or create new impervious area. The combined uses on the property will need to be kept to those which can fit within the limits of the available parking. 3) 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 anticipated adjoining buildings. The applicant is undertaking facade improvements, especially along Farrell Street (west facade) and the building's north side. These improvements will create a more unified look for the building by making the appearance of the north facade more similar to the appearance of the west and south facades. Pedestrian movement around the building will be improved by extending the sidewalk along the west facade and adding a new sidewalk along the north facade. Bicycle parking is provided with a rack close to Farrell Street. C. Relationship of Structure and Site to Adjoining Area 1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g. rhythm, color, texture, form or detailing), landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings of different architectural styles. 2) 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 new buildings are proposed on the site and the proposed facade improvements are aligned with existing facade details. Specific Review Standards A. Access to abutting properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 2 #SP-16-22 No reservation of land is necessary. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. No new utilities are proposed. C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required to be fenced or screened. No new dumpsters, recycling, or composting areas are proposed. The plan shows an existing dumpster storage area which is enclosed on all sides. D. landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The property is heavily screened along the north and east sides by forested land. As part of this application four (4) additional trees are proposed along Farrell Street as well as five (5) more trees near the northwest corner of the parking lot. Existing dumpsters and ground -level utility boxes/HVAC equipment are screened with fencing. The site plan indicates the proposed removal of landscaping valued at $57,500, including five (5) cedars of approximately 30 feet in height and five (5) yews of six (6) to eight (8) feet in height. The applicant has suggested that the landscaping proposed to be removed is overgrown and conflicts with the building. The applicant is proposing new shrubs and trees valued at approximately $13,740. The Board appreciates the landscaping which is proposed and its relationship to the proposed facade improvements. In an email to staff dated June 13, 2016, the City Arborist stated that the "landscaping plan is acceptable." 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. During a site visit staff observed lighting mounted to the building which would not meet the lighting standards. The applicant confirmed at the June 7, 2016 Development Review Board meeting that the noncompliant lighting would be removed. Traffic Generation In the South Burlington Planning Commission's Findings of Fact & Decision (decision signed August 8, 1995) the Board approved 123 Peak Hour Trip Ends for the site. 3 #SP-16-22 If the current or future uses exceed 123 PM peak hour vehicle trip ends on the subject property, the applicant will be responsible for seeking Board approval for such and paying any resulting traffic impact fees. Any changes proposed to category of use and resulting traffic will be reviewed under the umbrella permit, and limited to the maximums set herein. Access/Circulation Access to and circulation on the site is not proposed to change and is adequate. DECISION Motion by Matt Cota, seconded by Frank Kochman, to approve site plan application #SP-16-22 of Ten Farrell Street, LLC, subject to the following conditions: All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 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. The uses of the subject property shall be limited to the following: Personal Instruction Facility, Place of Worship, Artist Production Studio, Child Care Facility, Convenience Store less than 3,000 square feet, Cannabis Dispensary (dispensing only), General Office, Medical Office, Personal or Business Service, Pet Grooming, Photocopy & Printing Shops with accessory retail, Radio/TV Studio, Indoor Recreation Facility, Research facility or laboratory, Restaurant standard, Retail sales, Seasonal Mobile Food Unit, Taverns, Nightclubs, & Private Club. If the Land Development Regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall be no longer be approved. 4. This approval is conditioned on 82 parking spaces and a total of 123 PM peak hour vehicle trip ends for the subject property. Any changes in use shall not exceed 123 PM peak hour vehicle trip ends without obtaining site plan approval to amend this maximum. 5. The applicant must obtain approval from the Administrative Officer prior to any change of any tenant in the building. The Administrative Officer will approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #4 above. In making his/her determination, the Administrative Officer will utilize the parking standards contained in the South Burlington Land Development Regulations. 6. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. Any lighting existing onsite which is not in compliance with these standards must be removed prior to obtaining a Certificate of Occupancy. 7. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. rd 8. Prior to permit issuance, the applicant must post a $13,740 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. 9. 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. 10. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of any new use. 11. Any change to the site plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman 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 5— 0 — 0. Signed this 22nday of June Bill Miller, Vice -Chair 2016, by 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. 5