HomeMy WebLinkAboutAgenda 05A_SP-19-08_1519 Shelburne Rd_Blue Dragonfly LLC_ffd_draft#SP‐19‐08
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BLUE DRAGONFLY, LLC
1519 SHELBURNE ROAD
SITE PLAN APPLICATION #SP‐19‐08
FINDINGS OF FACT AND DECISION
Site plan application #SP‐19‐08 of Blue Dragonfly, LLC to amend a previously approved plan for a 12,345
sq. ft. building consisting of 6,549 sq. ft of office use, 4,164 sq. ft. distribution and related storage, and
1,632 sq. ft of vacant. The amendment consists of updating previously approved dimensional standards
to reflect the recently approved subdivision (#SD‐19‐09), 1519 Shelburne Road.
The Development Review Board held a public hearing on Tuesday, May 21 2019. The applicant was
represented by ___.
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 Project consists of amending a previously approved plan for a 12,345 sq. ft. building
consisting of 6,549 sq. ft of office use, 4,164 sq. ft. distribution and related storage, and 1,632
sq. ft of vacant. The amendment consists of updating previously approved dimensional
standards to reflect the recently approved subdivision (#SD‐19‐09). Subdivision triggers site
plan review. The site plan is subject to DRB review because the property does not comply with
dimensional standards.
2. The owner of record of the subject property is Blue Dragonfly, LLC.
3. The application was received on April 16, 2019.
4. The subject property is located in the Commercial 2 Zoning District.
5. The plans submitted consist of a two (2) page set of plans. The first page is entitled “Overall Site
Plan Existing Conditions,” prepared by Civil Engineering Associates, dated January 1, 2019 and
last revised 4/9/2019.
6. On 4/17/2019, the Development Review Board subdivided 1519 & 1525 Shelburne Road into
their present configurations.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
C2 Zoning District Required Existing Proposed
Min. Lot Size 40,000 sf 43,400 sf 45,960 sf1
Max. Building Coverage 40 % 29% 27%
@ Max. Overall Coverage 70 % 71% 67%
Min. Front Setback 50 ft. 51 ft. +/‐ No change
Min. Side Setback 10 ft. 23 ft. +/‐ No change
Min. Rear Setback 30 ft. 82 ft. +/‐ No change
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Max. Front Setback Coverage 30% 40% No change
Max. Height (flat roof) 35 ft. Unknown No change
√ Zoning Compliance
@ Existing Noncompliance
1. Change was approved as part of SD‐19‐09
B) SUPPLEMENTAL STANDARDS FOR ALL COMMERCIAL DISTRICTS
Land Development Regulations Section 5.08 apply to development within the C‐2 district.
A. Development according to commercial district regulations and multifamily development at the
residential density specified for the applicable district shall be subject to site plan review, as set
forth in Article 14, the purpose of which shall be to encourage innovation of design and layout,
encourage more efficient use of land for commercial development, promote mixed‐use
development and shared parking opportunities, reduce stormwater runoff and maximize
infiltration, provide coordinated access to and from commercial developments via public
roadways, and maintain service levels on public roadways with a minimum of publicly financed
roadway improvements.
This site plan is for the purpose of updating dimensional standards to reflect the recently
approved subdivision. The Board finds this criterion met.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be
allowed, if the Development Review Board determines that the subject site has sufficient
frontage, lot size, and lot depth. Area requirements and frontage needs may be met by the
consolidation of contiguous lots under separate ownership. Construction of a new public street
may serve as the minimum frontage needs. Where multiple structures are proposed,
maximum lot coverage shall be the normal maximum for the applicable district.
No changes to the uses are proposed. The Board finds this criterion met.
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the
presence of sidewalks or recreation paths, and residences lying within walking distance
(defined as no further than one‐quarter (¼) mile for purposes of commercial zoning districts).
Any requirements for shared access and/or parking must be secured by permanent legal
agreements acceptable to the City Attorney.
(2) Parking areas shall be designed for efficient internal circulation and the minimum
number of curb cuts onto the public roadway.
(3) Access improvements and curb cut consolidation may be required.
The minimum required parking for the site is 20 spaces. There are 28 spaces on the property
today. Staff considers this criterion met.
D. N/A
C) SITE PLAN REVIEW STANDARDS
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Section 14.06 of the South Burlington Land Development Regulations establishes the following general
review standards for all site plan applications:
A. Relationship of Proposed Development to the City of South Burlington Comprehensive 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.
The Board finds the proposed site plan does not affect the property’s compliance with the
Comprehensive Plan goal or objectives.
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.
The Board finds the proposed site plan does not affect the property’s compliance with this
criterion.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing
a public street shall be considered a front side of a building for the purposes of this
subsection.
(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.
1. The parking area is necessary to meet minimum requirements of the
Americans with Disabilities Act
(ii)– (iii) Not applicable
(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).
Seven (7) existing parking spaces are located in the front of the existing building, one of which is
designated as an accessible space. There are 28 parking spaces provided, while the existing uses
require only 20 spaces. In recognition of the absence of proposed of site improvements, the
Board finds the applicant is not required to modify the non‐conforming parking spaces.
(c) ‐ (d) (not applicable)
(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 not proposing to make any changes to the height or scale of the existing
building. The Board finds this criterion met.
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C. Relationship of Structures 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.
The applicant is not proposing to make any changes to the exterior appearance of the
building. The Board finds this criterion met.
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
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.
The property is currently connected to the existing related property to the south at 1525
Shelburne Road. The Board finds this criterion met.
B. Utility Services. 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.
No changes are proposed to the existing utilities. The Board finds this criterion met.
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).
The Site has two existing dumpster enclosures, one on the north side of the building and one on
the west. The Board finds this criterion met.
D. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
The property has a very limited amount of existing landscaping. Pursuant to Section 13.06(A) of the
proposed Land Development Regulations, landscaping and screening shall be required for all projects
subject to site plan review. The applicant is not proposing any exterior building improvements
therefore there is no required minimum landscape budget. The Board finds this criterion met.
F. Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and
various other techniques to minimize runoff from impervious surfaces and to infiltrate
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precipitation into underlying soils and groundwater as close as is reasonable practicable to
where it hits the ground, is required pursuant to the standards contained within Article 12.
The proposed site plan does not trigger the standards of Article 12. The Board finds this criterion
met.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
The dimensions of parking and driveways are not proposed to change. The Board finds this
criterion met.
D) OTHER
1. Traffic Generation
The maximum allowable peak hour trip generation limit for this parcel is 44.83 trips. As part of
their recent site plan approval for the existing use mix, the applicant demonstrated that the
property generates fewer than the maximum allowable peak hour trip generation. The Board
finds this criterion met.
2. Lighting
Section 13.07 of the Land Development Regulations addresses exterior lighting as follows.
A. General Requirements. All exterior lighting for all uses in all districts except for one‐family
and two‐family uses shall be of such a type and location and shall have such shielding as
will direct the light downward and will prevent the source of light from being visible from
any adjacent residential property or street. Light fixtures that are generally acceptable are
illustrated in Appendix D. “Source of light” shall be deemed to include any transparent or
translucent lighting that is an integral part of the lighting fixture(s). Site illumination for
uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is
encouraged.
The applicant has represented all existing fixtures meet this criterion. The Board finds this
criterion met.
3. Utility Cabinets/HVAC Units
The plans show one existing HVAC unit on the south side of the building. Per Section 13.18(B)(4)
of the LDRs any such units would be required to be landscaped with evergreens of sufficient height
and density to be screened from the surrounding property. There is no landscaping around the
existing HVAC unit. See further discussion under Site Plan Review Standard (iv) above.
4. Bicycle Parking
The proposed 6,549 sq. ft of office use and 4,164 sq. ft. distribution and related storage require
a minimum of four short‐term bicycle parking spaces according to the provisions of Section
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13.14. There is one inverted‐U type bicycle rack at the front of the building, providing parking
for two bicycles. Pursuant to 13.14 and previous approval #SP‐18‐53, the applicant must
provide four short‐term bicycle parking spaces. The Board finds the applicant must revise the
plan to reflect the installation of one additional inverted‐U type bicycle rack.
DECISION
Motion by __, seconded by __, to approve site plan application #SP‐19‐08 of Blue Dragonfly, LLC, subject
to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The site plans must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies must be submitted to the Administrative Officer prior to
zoning permit approval.
a. Include a second bicycle parking rack to the front of the building.
4. 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.
5. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the new uses.
6. 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
Jennifer Smith Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
John Wilking Yea Nay Abstain Not Present
Motion carried by a vote of _ – _ – _.
Signed this ____ day of May, 2019, by
_____________________________________
Bill Miller, Chair
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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 802.477.2241 to speak with the regional Permit Specialist.