HomeMy WebLinkAboutSP-06-18 - Decision - 0084 Ethan Allen Drive#SP-06-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HARRY & DIANE LOSO - 84 ETHAN ALLEN DRIVE
SITE PLAN APPLICATION #SP-06-18
FINDINGS OF FACT AND DECISION
Harry & Diane Loso, hereinafter referred to as the applicants, are seeking site plan
approval to construct a 6,000 sq. ft. building consisting of 1,500 sq. ft. of business
service use and 4,500 sq. ft. of warehouse use, 84 Ethan Allen Drive. The Development
Review Board held a public meeting on April 18, 2006. Dean Grover 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 applicants are seeking site plan approval to construct a 6,000 sq. ft. building
consisting of 1,500 sq. ft. of business service use and 4,500 sq. ft. of warehouse
use, 84 Ethan Allen Drive.
2) The owners of record of the subject property are Harry & Diane Loso.
3) The subject property is located in the Mixed Industrial & Commercial (IC) Zoning
District.
4) The plan submitted is entitled, "Site Plan Loso Commercial/Industrial Blgd. South
Burlington Vermont", prepared by Grover Engineering, PC, dated 4/6/06, last
revised on 4/17/06.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Reauirements
IC Zoning District
Required
Proposed
�l Min. Lot Size
40,000 SF
41,370 SF
Max. Building Coverage
40%
14.5%
Max. Total Coverage
70%
38%
Max. Front Yard Coverage
30%
1.4%
Min. Front Setback
30 ft.
48 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
180 ft.
zoning compliance
41 zoning non-compliance
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SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
followina aeneral 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 building will accomplish a desirable transition from structure to structure or
from structure to site.
According to Table 13-2 of the South Burlington Land Development Regulations, Business
Service Use requires four (4) parking spaces for every 1,000 square feet of gross floor area
(GFA) and Warehouse Use requires 0.5 spaces for every 1,000 square foot of GFA. Thus,
the proposed 6,000 square feet of additional space will require 8.25 parking spaces. Eight
(8) spaces including one (1) designated as handicapped are shown on the plan. The
applicant should either add one additional space or request a waiver of one space, or
12.5%.
The City Engineer is currently reviewing the plans and should have comments available at
the meeting.
The South Burlington Fire has reviewed the plans and provided comments in a letter dated
April 14, 2006.
The South Burlington Water Department has reviewed the plans and provided comments in
a letter dated April 7, 2006.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces are located at the rear of the building.
(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 building is proposed to be one (1) story and be 18' high, which is consistent with the
development on surrounding properties.
(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
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interruptions to create attractive transitions between buildings of different
architectural styles.
This requirement is being met.
(t) 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 proposed building relates harmoniously to the existing buildings in the vicinity.
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.
As noted above, 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 plans depict one (1) screened dumpster on the northeasterly 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 $3,750 of landscaping. The applicant is proposing $3,768 worth of
landscaping.
The South Burlington City Arborist has not yet had the opportunity to review the proposed
landscaping plan. He should review the plans and provide comments.
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 the snow storage area(s).
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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 has submitted exterior lighting details for the proposed lighting which are
in compliance with the SBLDR.
The applicant has not submitted a lighting plan showing the emissions from the
proposed lighting.
Access/Circulation
The proposed access to the subject property is a 20' wide curb -cut on Ethan Allen Drive.
This is acceptable. Circulation on the site is adequate.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. A bicycle rack is depicted on the plans.
Traffic
Due to a previous agreement, this property is not subject to traffic impact fees.
Other
The subject building lot is located within the 100 year flood -plain overlay district.
Although the proposed building appears to be out of this district, the site plan should be
revised to show the boundary of the 100 year flood plain.
DECISION Motion by /4 � (L IM fJ seconded byb6E� ( L�
to approve Site Plan Application # t P-06-16 of Harry & Diane Loso, 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
and Zoning.
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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 comply with the requests of the City Engineer, if any.
b) The plan shall be revised to comply with the requests of the City Arborist, if any.
c) The plan shall be revised to show adequate snow storage area(s).
d) The plan shall be revised to provide planting details for all proposed trees and
shrubs.
e) The site plan shall be revised to show the boundary of the 100 year flood plain
overlay district.
4) The applicant shall comply with the requests of the City Engineer, if any.
5) The applicant shall comply with the requests of the South Burlington Fire Chief as
outlined in his letter dated April 14, 2006.
6) The applicant shall comply with the requests of the South Burlington Water
Department as outlined in a letter from Jay Nadeau dated April 7, 2006.
7) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
8) The applicant shall submit a lighting point -by -point plan showing the emissions that
will result from the proposed lighting and in compliance with Section 13.07 of the
South Burlington Land Development Regulations, prior to permit issuance.
9) If necessary, the applicant shall obtain wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning
permit.
10) The applicant shall post a $3,768 landscaping bond. This bond shall remain in full
effect for three (3) years to assure that the landscaping has taken root and has a
good chance at survival.
11)Any new exterior lighting shall consist of downcasting features. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation.
12) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the new building and
associated uses will generate zero (0) additional vehicle trip ends during the P.M.
peak hour.
13) 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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14) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the newly constructed building.
15) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
16) The Board approves a one (1) space or 11.1 % waiver for a total of 8 parking spaces.
Mark Behr —nay/abs in/not present
Matthew Birmingham — e /nay/abstain/not present
Chuck Bolton —S/�nay/abstainffiot
ay abstain/not present
John Dinklage nay/abstain/not present
Roger Farley — present
Larry Kupferman — yea/nay/abstai of presen
Gayle Quimby —nay/abstain/not present
Motion carried by a vote of & - d - C>
Signed this L� day of 2006, by
John Dinklage, Chair
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).