HomeMy WebLinkAboutSP-09-49 - Decision - 0050 Hickory Lane#SP-09-49
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JEFF COOPER - 50 HICKORY LANE
SITE PLAN APPLICATION #SP-09-49
FINDINGS OF FACT AND DECISION
Jeff Cooper, hereafter referred to as the applicant, is seeking site plan review to convert
a single family dwelling to 1,132 sq. ft. of general office use and 500 sq. ft. of retail use,
50 Hickory Lane.
The Development Review Board held public hearings on July 7 and July 21, 2009. Jeff
Padgett represented the applicant.
Based on testimony provided at the above mentioned public hearings 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 review to convert a single family dwelling to 1,132
sq. ft. of general office use and 500 sq. ft. of retail use.
2. The application was received on June 5, 2009.
3. The owner of record of the subject property is Fred Parker
4. The subject property is located in the Central District 3 Zoning District.
5. The plan submitted is entitled "50 Hickory Lane South Burlington Vermont," prepared
by Engineering Solutions, Inc., dated 5/5/09.
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 subject sita is a small lot formerly used as a singly family residential dwelling. A
zoning district boundary change in 2007 converted the zoning designation on the subject
property from residential to primarily commercial. No new structures are proposed and
proposed changes to the site are minimal.
Based on 1132 square feet of general office and 500 square feet of retail use, 6 parking
spaces are required, including one which must be handicapped accessible. The site plan
includes parking for 5 vehicles. This would be a parking waiver of 1 vehicle, or 17%.
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The Board supports a parking waiver of one space, of 17%, which is within the scope
and authority of the Development Review Board to grant.
1. The Board grants a parking waiver of 1 space, or 17% for a total of five (5) spaces
required, 3 on site and 2 on street.
Three parking spaces are located in front of the building. The staff report also includes
language pertaining to the location of parking with respect to the building, and relating to
the Central District which states that any parking within the building envelope must be
hidden from view of the public street, or otherwise meeting four criteria of accountability.
(b) Parking shall be located to the rear or sides of buildings to the greatest
extent practicable.
Parking is proposed to be located entirely to the front of the building as viewed from
Hickory Lane. As the structure is a pre-existing residential structure and not a new
design, some consideration should be given to its location such that the required
changes are proportional to the proposed use.
Two spaces are accounted for off -site. The Central District has long relied on on -street
parking. On street parking is a valuable component to more urban design. It creates
vitality on the streetscape and often functions to reduce the speed of passing traffic. The
Board finds that these two spaces be located along the southerly, commercial block of
Sherry Road.
(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 existing building will be below the maximum height of 40 feet for a
peaked roof. No height waivers are requested or needed.
(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.
The South Burlington Water Department has reviewed the plans and stated that no
changes or additional allocation will be necessary.
(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 proposed project does not fall within a design review district.
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(fl 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 project does not fall within a design review district. However, the Board
finds that the existing building is sufficiently attractive and appropriate and has served to
visually enhance 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.
At this time, there are no additional opportunities for connecting access to surrounding
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.
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 plan shows a garbage enclosure properly screened with opaque fencing
(d) Landscaping and Screening Requirements
As there is no new construction, no additional landscaping shall be required. However,
the applicant is proposing a new cedar hedge to screen the side of the lot where new
parking may be proposed. This hedge is proposed to be placed within the City right of
way for Hickory Lane. The Public Works Director was requested to comment prior to the
meeting regarding this proposal. He finds the location of the cedar hedge acceptable
with the understanding that this hedge will be owned by the City.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall
depict snow storage areas that will minimize the potential for run-off. Adequate areas are
shown.
The plans show a bicycle rack.
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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.
No new lighting is proposed.
Traffic
Based on 1132 square feet of general office and 500 square feet of retail use, the
estimated pm peak vehicle trips will be approximately 4.47. This is an increase of 3.46
pm peak trip ends over the existing single family residential estimated generation of
1.01.
Central District Reauirements
8.04 Dimensional Requirements in All Districts
A. Purpose. The general intent of the building setbacks in the Central District is to
require all buildings to front on to public streets and to require that parking facilities are
located in the renter of the blocks to the greatest extent practicable, occupy only minimal
frontage on public streets, and are thoroughly screened from view from public streets
and rights -of -way.
The parking proposed for this development is not in full conformance with this criterion.
As stated elsewhere in this report, the Board finds the proposed parking layout as
acceptable as possible given the pre-existing structure and relatively low -impact use.
This is discussed in more detail in item `D' below.
B. Location of buildings and structures.
(1) All buildings and structures, with the exception of parking facilities, are required to be
constructed within an allowable building envelope. The maximum depth of allowable
building envelopes shall be eighty (80) feet and, in general, shall be measured from the
nearest planned public street right-of-way as shown on the South Burlington Official
Map.
(2) The Development Review Board may approve a building, a portion of which extends
beyond the building envelope provided the building contains a minimum of two (2)
stories and the overall site design of the property is found to be in conformance with the
intent and purpose of the Central District.
The proposed building is existing and predominantly within this envelope. The Board
does not advocate movement of the building at this time.
C. Special Standards for Setbacks
(1) Side yard setbacks shall be a minimum of five (5) feet, or between zero (0) and
five (5) feet if a fire wall is provided.
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(2) The front yard setback area along Dorset Street, Brookwood Drive and Sherry
Road shall be restricted to the following uses or improvements:
(a) landscaping and green space
(b) access drives
(c) pedestrian oriented improvements including but not limited to sidewalks, plazas,
benches, and bicycle racks.
(d) utility services provided they are placed underground. Appurtenant facilities such as
transformers and amplifiers may be installed at ground level where such is in
accordance with Section 13.18 of these Regulations (utility cabinets and structures).
D. Location of Parking Areas and Structures
(1) Multi -level parking garages and decks may be constructed within an allowable
building envelope, and/or outside of an allowable building envelope if located in the
center of a block.
(2) Surface parking may be provided within the allowable building envelope if it is located
behind a building and is hidden from view from the public street.
(3) The Development Review Board may approve surface parking which is within the
allowable building envelope and which is not hidden from view from the public street by
a building, provided:
(a) the subject parking represents the smallest practicable portion of the total parking
required for the property,
(b) the area encompassed by the subject surface parking represents a significantly
minor portion of the total allowable building envelope area existing on the property,
(c) the applicant has sought parking waivers from the DRB to reduce the amount of
surface parking required, and
(d) the overall site design of the property is found to be in conformance with the intent
and purpose of the Central District.
The Board finds that the applicant has generally met the above criteria. With the
changes proposed by the applicant, the project will be in even greater compliance with
these criteria and the Board will have the authority to grant limited parking (3 spaces in
the front yard).
E. Parking Requirements
(1) The parking requirements of Table 13 are required in the Central District.
These standards may be met on -site or off -site if the parking facility is located within
seven hundred (700) feet of the main entrance of the establishment and is approved by
the Development Review Board.
(2) The Development Review Board may accept a contribution to the parking trust fund
to establish a municipal parking lot in lieu of parking spaces. The amount of the
contribution shall be based on a per space fee set by the City Council.
(3) The Development Review Board may further reduce the amount of parking required,
up to a maximum of eighty percent (80%) of the number of spaces required, in
conjunction with an approved master plan upon a showing by the applicant that the
master plan includes viable provisions for off -site employee parking and transportation
and construction of mass transit stops within the master planned area sufficient to further
reduce parking demand.
(4) Parking lots located in the centers of blocks shall be connected with openings
between lots to allow traffic flow between lots.
This section is not applicable to this application.
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DECISION
Motion by ��I « Q�I �seconded by _k6c-x to
approve Site Plan Application #SP-09-49 of Jeff Cooper 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 Board grants a parking waiver of 1 space, or 17% for a total of five (5) spaces
provided.
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 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.
6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the building for the approved uses.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —�Onay/abstain/not present
Matthew Birmingham —tea/nay/abstain/not present
John Dinklage — e nay/abstain/not present
Roger Farley — e ay/abstain/not present
Eric Knudsen -- nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of (P- U - "'
Signed this 21 day of 2009, 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 $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).
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