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Home My WebLink AboutSP-07-50 - Decision - 0003 Baldwin Avenue#S P-07-50 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 3 BALDWIN AVENUE, LLC - 3 BALDWIN AVENUE SITE PLAN APPLICATION #SP-07-50 FINDINGS OF FACT AND DECISION 3 Baldwin Ave., LLC, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a 7965 sq. ft. general office building. The amendment consists of constructing an 8' x 12' detached accessory structure, 3 Baldwin Avenue. The Development Review Board held a public meeting on Tuesday, September 4, 2007. Dave Grippen 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 applicant is requesting site plan approval to amend a previously approved plan for a 7965 sq. ft. general office building. The amendment consists of constructing an 8' x 12' detached accessory structure, 3 Baldwin Avenue. 2. The owner of record of the subject property is 3 Baldwin Avenue, LLC. 3. The subject property lies within the Commercial 1 (Cl) Zoning District. 4. The plan submitted is entitled, "3 Baldwin Avenue, LLC Site Plan 3 Baldwin Ave. So. Burlington, Vermont.", prepared by Champlain Consulting Engineers, dated 10/25/06. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The applicant is proposing an increase in building coverage from 26.3% to 26.8% overall coverage from 61.6% to 62.1 %. This remains below the limitations for the C1 District. The applicant is proposing to locate an accessory structure within a commercial district, but five feet from the boundary of a residential district. Pursuant to Section 3.06(I) of the South Burlington Land Development Regulations (SBLDRs), where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide shall be landscaped..". - 1 - #S P-07-50 The Development Review Board may permit new structures within said buffer if it finds that existing or proposed landscaping or fencing will provide equivalent screening of the noise, light, and visual impacts of the new use. The applicant has submitted photographs taken from the adjacent residence and a letter from an adjacent property owner. A fence, miscellaneous trees and shrubbery currently exist between the properties. 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. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. (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. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, 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. (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 above criteria in relation to this application. 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. -2- #SP-07-50 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. 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). (d) Landscaping and Screening Requirements No additional landscaping shall be required as a result of this proposal.The Board conditions the application to state that no trees may be removed from the property to accommodate the new structure. Lighting The applicant has not proposed any lighting of the accessory structure. Given its proximity to the residential property, no lighting should be allowed on the structure. DECISION Motion by Gavle Quimby, seconded by Roger Farley, to approve Site Plan Application #SP-07-50 of 3 Baldwin Avenue, LLC, 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 plan 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. The site plan shall be revised to show the existing tree in the vicinity of the proposed accessory structure. 4. No trees, shrubs, or existing fencing shall be removed from the property without explicit Development Review Board consent. -3- #SP-07-50 5. No lighting shall be installed on the accessory structure, or installed so as to illuminate the new structure without explicit consent from the Development Review Board. 6. Pursuant to Section 3.05(I)(2) of the Land Development Regulations, the Board approves the proposed accessory structure to be located no closer than five (5) feet to the side or rear property line. 7. 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. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the accessory structure. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of 7-0-0. Signed this _ZL day of �, - l 2007, 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). -4-