HomeMy WebLinkAboutSP-10-34 CU-10-06 - Decision - 0072 Ethan Allen Drive#SP-10-34
#CU-10-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MARGARET NOVOTNY — 72 ETHAN ALLEN DRIVE
SITE PLAN APPLICATION #SP-10-34
CONDITIONAL USE APPLICATION #CU-10-06
FINDINGS OF FACT AND DECISION
Margaret Novotny, hereafter referred to as the applicant, is seeking conditional use
approval to amend a previously approved plan for a 9,800sf general office building. The
amendment consists of converting 4,410sf to social services use, 72 Ethan Allen Drive.
The applicant is also seeking site plan approval to amend a previously approved plan for
a 9,800sf building used for general office use. The amendment consists of converting
4,410sf to social services use, 72 Ethan Allen Drive.
The Development Review Board held a public hearing on June 1, 2010. The applicant
represented herself.
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 conditional use approval to amend a previously approved
plan for a 9,800sf general office building. The amendment consists of converting 4,410sf
to social services use, 72 Ethan Allen Drive.
The applicant is also seeking site plan approval to amend a previously approved plan for
a 9,800sf building used for general office use. The amendment consists of converting
4,410sf to social services use, 72 Ethan Allen Drive.
2. The application was received on May 10, 2010.
3. The owner of record of the subject property is Robert V. Willis.
4. The subject property is located in the Mixed Industrial Commercial Zoning District.
5. The plan submitted is entitled "Robert Willis DBA Rising Star Properties 72-74 Ethan
Allen Drive South Burlington, VT. Site Plan," prepared by Trudell Consulting Engineers,
Inc. dated 1/13/98, last revised on 12/4/98.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
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1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The Mixed Industrial Commercial Zoning District encourages "development of a wide
range of commercial, industrial, and office uses that will generate employment and trade
in keeping with the City's economic development policies." The board finds that the
proposed change of use is in keeping with this planned character of the area.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The existing use of office space is a permitted use in the district. The proposed use of
space for social services a conditional use in the district.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
The proposal is in keeping with the character of uses on surrounding properties and will
not adversely affect the character of the area or the ability to develop adjacent
properties. The Board notes that there are no external changes proposed for the
property. Therefore, the proposed addition will not have a significant or adverse impact
on the planned character of the area.
(c) Traffic on roads and highways in the vicinity.
The proposal will not adversely affect traffic in the vicinity.
(d) Bylaws in effect.
The proposal is in keeping with the Bylaws.
(e) Utilization of renewable energy resources.
The proposal will not adversely affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
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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 change in use will not have an impact on the transition from structure to site
and from structure to structure. There are no external changes proposed to the property.
The 4410 square feet of social services is expected to require 17.6 parking spaces while
the 5,390 square feet of general office use will require 18.9 parking spaces. Therefore, 37
parking spaces are required. 48 parking spaces are provided.
(b) Parking
(a) Parking shall be located to the rear or sides of buildings.
(b) The Development Review Board may approve parking between a
public street and one or more buildings if the Board finds that one or more
of the following criteria are met. The Board shall approve only the
minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements
of the Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be
located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-
used and parking needs cannot be accommodated to the rear
and sides of the existing building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total
width of all proposed parking areas that are both to the side of a building
and between the front lot line and the building line of the building on the
lot that is closest to the public street shall not exceed one-half of the total
building width of all buildings on the lot that are located adjacent to the
public street. Buildings separated from the front lot line by parking
approved pursuant to 14.06(C)(2)(b) shall be considered adjacent to the
public street. Buildings separated from the front lot line by any other
parking areas shall not be considered adjacent to the public street.
(d) The DRB shall require that the majority of the parking on through lots
and corner lots be located between the building(s) and the side yards or
between the building and the front yard adjacent to the public street with
the highest average daily volume of traffic. Where the rear yard of a lot
abuts an Interstate or its interchanges, the majority of parking shall be
located between the building and the side yards or between the building
and the yard that is adjacent to the Interstate.
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There proposed parking is not in compliance with this criterion; however, subsection (b)(iv)
applies in that the buildings are existing and the change in use does not merit a complete
reconstruction of parking areas.
(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 existing building is below the height limitations for the district.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
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.
There are no changes to the existing building.
(f) 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.
There are no changes to the existing building.
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 to abutting properties.
(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.
The Board has already stated that pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines shall be underground.
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(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 are no dumpsters depicted on the plans. If one exists, it shall be shown adequately
screened.
(d) Landscaping and Screening Requirements
As there is no new building proposed, there are no additional landscaping requirements.
Access/Circulation
Access and circulation on the property will remain unchanged through the proposed
project. There is a bi-directional access. There is sufficient access to two sides of the
building.
Traffic
No additional trip ends are estimated as part of this proposal.
DECISION
Motion by GMC� tX U (rn6ti_, , seconded by to
approve Site Plan Application #SP-10-36 and Conditional Use Applicatio #CU-10-06 of
Margaret Novotny 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
and on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a. If a dumpster exists, it shall be depicted on the plans with enclosure.
4. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the change in use will
generate 0 additional vehicle trip ends during the P.M. peak hour.
5. 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.
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6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the converted space.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —(ye)/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage /nay/abstain/not present —�
Roger Farley e nay/abstain/not present
Eric Knudsen — yea/nay/abstain/ o rese
Gayle Quimby ea
� ay/abstain/not present
Bill Stuono ea nay/abstain/not present
Motion carried by a vote of - 0 - D
Signed this i day of 2010, by
John Dinklage, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $250.00. 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).
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