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HomeMy WebLinkAboutSP-04-26 - Decision - 1335 Shelburne RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING E. DAVID CRANE —1335 SHELBURNE ROAD SITE PLAN APPLICATION #SP-04-26 FINDINGS of FACT AND DECISION E. David Crane, hereby referred to as the applicant, is requesting approval to amend a previously approved site plan for 6600 sq ft building used for auto service use (3000 sq ft) and retail use (3600 sq ft). The amendment consists of an umbrella approval for the following uses: restaurant, short order; recreation facility, indoor; artist production studio; equipment service, repair & rental; commercial kennel, veterinary hospital and dog day care; photocopy & printing shops, with accessory retail; research facility or laboratory; retail and retail services, excluding general merchandise stores; retail warehouse outlet; wholesale establishments; and light manufacturing, 1335 Shelburne Road. The South Burlington Development Review Board held a public hearing on August 3, 2004. E. David Crane was present at the meeting. 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 approval to amend previously approved site plan for 6600 sq ft building used for auto service use (3000 sq ft) and retail use (3600 sq ft). The amendment consists of an umbrella approval for the following uses: restaurant, short order; recreation facility, indoor; artist production studio; equipment service, repair & rental; commercial kennel, veterinary hospital and dog day care; photocopy & printing shops, with accessory retail; research facility or laboratory; retail and retail services, excluding general merchandise stores; retail warehouse outlet; wholesale establishments; and light manufacturing, 1335 Shelburne Road. 2. The owner of record is Crane Living Trust. 3. The subject property contains approximately 0.89 acres and is located in the Commercial 2 (C2) Zoning District and in Traffic Overlay District — Zone 3. 4. The plans consist of a two (2) page set of plans, page one (1) entitled 1335 Shelburne Rd Field Survey S. Burlington, VT Parking and Utilities Plan", prepared by Freeman French Freeman, Inc, dated April 27, 2004 -1 - Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements C2 Zoning District Required Proposed 4 Min. Lot Size 40,000 SF 38,952 Max. Building Coverage 40% 16.8% Max. Overall Coverage 70% 62.8% ♦ Max. Front Yard Coverage 30% 32% Min. Front Setback 30' 737' Min. Side Setback 10, 33'6" �l Min. Rear Setback 30' 81' zoning compliance ♦ not in compliance with Table C-2 of the Land Development Regulations A Preexisting noncompliance Required Findings for Umbrella Approval To make positive findings for an umbrella permit pursuant to Section 3.09 of the South Burlington Land Development Regulations, the Development Review Board must determine that: 1. Such uses are compatible in normal manner of operation, including types of traffic generated; hours of use; lack of excessive noise, dust, odor, or other objectionable element; and any other relevant aspect of operation. 2. Such uses can suitably share common facilities, such as parking and outside storage areas, within the requirements of these regulations for any lot. The DRB must then establish the following limits for the site: 1. P.M. peak hour trip ends 2. Number of required parking spaces 3. Gross floor area dedicated to any one use 4. Number of restaurant or retail food establishment seats Request for Umbrella Approval The applicant is seeking umbrella approval pursuant to Section 3.09 of the South Burlington Land Development Regulations for multiple uses. The applicant is seeking approval for the following uses: 1. short-order restaurant 2. indoor recreation facility 3. equipment service, repair, and rental 4. retail and retail services, excluding general merchandise stores 5. retail warehouse outlet 6. wholesale establishment WM 7. artist production studio 8. commercial kennel, veterinary hospital, and dog day care 9. research facility or laboratory 10. light manufacturing and assembly from previously prepared materials 11. printing and binding production facilities 12. photocopy and print shop with accessory retail General: The site is located in the C2 Distdct and is surrounded by buildings serving a variety of uses. All of the proposed uses are compatible with each other. Parking and Trip Generation: The tables below show the P.M. peak hour trips generated per 1,000 square feet of floor area and the City's required parking for each proposed use if the entire GFA of the building is dedicated to a single use: Table 1. Permitted Uses (proposed and current) P.M. Peak Trips/1,000 GFA Maximum for Site short-order restaurant LU: 933 13 85.24 indoor recreation facility LU: 492 4.05 26.55 equipment service, repair, and rental LU: 943 4.46 29.24 retail and retail services, excluding general merchandise stores (LU: 814) 2.71 17.77 retail warehouse outlet LU: 152 0.12 0.79 wholesale establishment LU: 860 0.21 1.38 artist production studio LU: 879 6.21 40.72 commercial kennel, veterinary hospital, and dog day care LU:720 3.72 24.39 research facility or laboratory LU: 760 1.08 7.08 light manufacturing and assembly from previously prepared materials LU: 140 0.74 4.85 panting and binding production facilities LU: 140 0.74 4.85 photocopy and pant shop with accessory retol_CM 811 2.71 17.77 Table 2. Permitted Uses (proposed and current) Parking Requirement (per 1,000 sq. ft.) Maximum for Site short-order restaurant 12 79 indoor recreation facility 0.33/person @ maximum capacity equipment service, repair, and rental 2 14 retail and retail services, excluding general merchandise stores 5 33 retail warehouse outlet 5 33 -3- wholesale establishment 0.5, plus req. for office or sales area artist production studio 2 14 commercial kennel, veterinary hospital, and dog day care 0.5, plus 1/employee research facility or laboratory 3 20 light manufacturing and assembly from previously prepared materials 0.5, plus 1/employee printing and binding production facilities 2 14 photocopy and print shop with accessory retail 2, plus 5/1,000 sq. ft. of retail * Due to the variables presented by the subject uses, maximum parking calculations cannot be determined at this time. Thus, each of the subject uses will be subject to the approval of the Administrative Officer, based on the parking requirement standards outlined in Section 13.01 of the Land Development Regulations, prior to issuance of a zoning permit. Trip Generation The maximum trip generating use included in this umbrella approval is the short-order restaurant. If this use occupied the entire building, the maximum P.M. peak hour trip generation would be 85.24 trip ends. The property falls within the Traffic Overlay District — Zone 3, which allows a property to generate 45 P.M. peak hour vehicle trip ends per 40,000 square feet of land. The subject property contains 38,952 square feet, so it can generate a maximum of 43.8 vehicle trip ends. Thus, the following use cannot fully occupy the subject building: short-order restaurant. The subject property is currently approved for 24.7 vehicle trips, so the applicant will have to pay the appropriate traffic impact fees for any traffic over 24.7 vehicle trip ends that the property generates. Parking The maximum number of parking spaces required for the most intensive use proposed for the building would be 79. The site currently provides 37 parking spaces. Thus, the following use cannot fully occupy the subject building: short-order restaurant. The following uses may not be able to fully occupy the subject building, depending on the variables outlined in Section 13.01 of the Land Development Regulations: indoor recreation facility; wholesale establishment; and commercial kennel, veterinary hospital, and dog day care; light manufacturing and assembly from previously prepared materials; and photocopy and print shop with accessory retail. 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. There will be no exterior modifications to the subject building. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking spaces on the property will generally be concentrated to the side and rear I of the subject building. However, there will be five (5) parking spaces in the front of the building. The plans depict a bicycle rack. (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 building will not change through this application. (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. The exterior of the building is not changing, so no additional buffers or visual interruptions are necessary. (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. The existing building is consistent with the terrain and the surrounding buildings in 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. The subject property already has a shared access with the property to the south, in addition to having access to the roadway to the north. -5- (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 plans show an adequately screened dumpster enclosure on the northwesterly comer of the property- (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $1,200 of landscaping. The application states that $1,470 of landscaping will be provided. This includes the two (2) Norway Maples that will be planted in the island on the property at 1341 Shelburne Road. The applicant submitted a landscape budget, which is required pursuant to Section 13.06(G)(3) of the Land Development Regulations. 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 proposed snow storage areas. 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 is not proposing any changes. Access/Circulation Access to the subject property is currently provided by a shared 36" wide curb -cut on Shelburne Road and a 24' wide curb -cut on Holmes Road No changes are proposed. Circulation on the site is adequate. Traffic Traffic impact fees were paid for the property at the time the lot was developed. The current traffic budget for the property is 24.7 vtes. Thus, no additional traffic impacts fees are required. Other Upon a staff visit to the site it was discovered that the existing building has floodlight, which is " prohibited by the Land Development Regulations. DECISION Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Site Plan Application #SP- 04-26 of E. David Crane subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 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 & Zoning. 3. The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall be revised to clearly depict the proposed snow storage areas, prior to issuance of a zoning permit. 4. The short-order restaurant use will be subject to the approval of the Administrative Officer, based on the estimated P.M. peak hour trip ends in Table 1 of this document. 5. The applicant shall pay appropriate traffic impact fees for any vehicle trip ends over 24.7 vehicle trip ends that the property generates. 6. Any new tenants and/or changes in use shall require a zoning permit and analysis pursuant to these umbrella criteria by the Administrative Officer. 7. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 8. The applicant shall post a landscape bond for $1,470, prior to issuance of a zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 9. If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit. 10. The floodlight on the existing building at 1335 Shelburne Road shall be removed or replaced with a lighting type allowed by Appendix D of the Land Development Regulation, prior to issuance of a certificate of occupancy. 11. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Land Development Regulations or this approval is null and void. -7- 12. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 13. Any changes to the site plan shall require approval of the South Burlington Development Review Board. Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/nay/abstain/not present Motion Carried by a vote of 5-0-0. f '�C Signed this / day of August, 2004 by Gayl uimby, Clerk 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).