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HomeMy WebLinkAboutSP-16-80 - Decision - 0089 Rye Circle#SP-16-80 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RYE ASSOCIATES, LLC-89 RYE CIRCLE SITE PLAN REVIEW APPLICATION #SP-16-80 FINDINGS OF FACT AND DECISION Site plan review application #SP-16-80 of Rye Associates, LLC to construct a 6,000 sq. ft. building consisting of: 1) 3,000 sq. ft. of personal instruction use, 2) 1,500 sq. ft. of personal service use, and 3) 1,500 sq. ft. of undetermined use, 89 Rye Circle. The Development Review Board held a public hearing on January 3, & January 17, 2017. The applicant was represented by Greg Rabideau & Brad Dousevicz. Based on the plans and 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, Rye Associates, LLC, seeks to construct a 6,000 sq. ft. building consisting of: 1) 3,000 sq. ft. of personal instruction use, 2) 1,500 sq. ft. of personal service use, and 3) 1,500 sq. ft. of undetermined use, 89 Rye Circle. 2. The owner of record of the subject property is Rye Associates, LLC. 3. The subject property is located in the Southeast Quadrant Village Commercial Zoning District. 4. The application was received on December 2, 2016. S. The plan submitted consists of 20 pages with the first page labeled "Proposed Overall Site Plan," dated September 2016, and prepared by Civil Engineering Associates, Inc. A. Planned Unit Development Standards Pursuant to Section 9.13 of the Land Development Regulations, all development in the Southeast Quadrant (except single family residences and two-family residences on a single existing lot) must be reviewed using the Planned Unit Development standards in Section 15: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. A condition of approval will be that the applicant receive any necessary permits related to water and wastewater supply from the appropriate permitting agencies. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil #SP-16-80 erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. An erosion control plan has been submitted. The Board finds that this requirement is met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The Board finds this criterion met. (A)(4)The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The Board finds there are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural features in the area that would be affected by this project. (A)(5)The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The applicant has provided renderings of the building indicating that it will be similar, but not identical, to the existing adjacent commercial building. The Board finds this criterion met. (A)(6)0pen space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The Board finds there are no open space areas on this portion of the property that would be affected by this project. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. No comments were received from the Fire Chief. (A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The Board finds the project to be compatible with the extension of such services. (A)(10)The project is consistent with the goals and objective!r of the Comprehensive Plan for the affected district(s). The Comprehensive Plan states that priority should be given to the preservation of open space areas within the quadrant "outside of those areas [districts, zones] specifically designated for development." The SEQ-VC is an area specifically designated for development and therefore the proposed commercial building is consistent with the Plan. #SP-16-80 B. Site Plan Review Standards 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 considers this criterion is met. 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 site is proposed to be landscaped with a variety of evergreen and deciduous shrubs and trees, which the Board finds will create a desirable transition from the building to the parking areas. Sidewalks on the north and south sides of the building which connect to the parking areas will allow for safe pedestrian movement that will not disrupt the landscaping. (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. The proposed parking area located to the south of the building is to the side of the building. Section 9.10(D) (4) requires three off-street parking spaces for every 1,000 square feet of non-residential use and the DRB may allow on -street parking within 500 lineal feet to count towards the requirement. The applicant's materials state that the development of two (2) other commercial lots in the PUD set up a shared parking approach and the proposed building and its parking needs will be part of that shared approach. The applicant has provided the following table to explain their parking allotments for commercial Lots 1-3: Lot Bldg. SF (one story) Req'd Parking Off-street Parking Individual Lot Review 1 5,100 15 13 2 4,726 14 21 3 6,000* 18 22 Consolidated Review 1, 2, & 3 151826* 48 55 `Applicant's table lists 6,087 as the square footage for Building 3 resulting in total square footage of 15,913 for all three (3) buildings; however, the project application lists 6,000 sq. ft. and hence that is the number represented in the table. The Board finds this criterion met. (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. 3 #SP-16-80 The height of the proposed building is within the permissible limits of the zoning district and is similar to the existing adjacent commercial buildings. The Board finds this criterion met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The Board finds this criterion met. 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 proposed building is similar, but not identical to, the adjacent commercial building. Common landscaping materials, architectural styles, and building materials unite the site. The Board finds this criterion met. In addition to the above general review standards, site plan applications must 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 Board does not consider that the reservation of land is necessary. 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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 project will be served by a new dumpster enclosure. The Board considers this criterion met. D) Landscaping and Screening Requirements. (See Article 13, Section 13.06) 4 #SP-16-80 The applicant has indicated the estimated construction cost for the proposed building is $567,000. This results in a minimum landscaping budget requirement of $13,170, which is illustrated in the table below. The applicant has proposed a budget of $13,290. Total Building Construction or Improvement Cost % of Total Construction/Improvement Cost Cost Up to $250,000 3% $7,500 Next $250,000 2% $5,000 Remainder over $500,000 ($67,000) 1% $670 Total: $13,170 A condition of this decision will be for the applicant to meet the requirements of Section 13.18(B) by effectively screening with evergreens the utility cabinet shown on the west side of the building along Rye Circle and to update the plans to properly identify the existing utility cabinet. C. Southeast Quadrant Standards Section 9.10 (D) Design Standards for Non -Residential Land Uses in the SEQ-VC Sub -District 1. Building Orientation. Non-residential buildings must be oriented to the principal public street on which the building has a facade. Primary building entries must be oriented to and open onto a sidewalk or other public walkway providing access from the public street. Secondary building entries may open onto parking areas. 2. Building Facades a. Building facades should be varied and articulated for pedestrian interest. b. Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls (without glazing) should not exceed thirty feet (30') in length at the street level. c. Building entries should be emphasized with special architectural treatment. d. All buildings should have a well-defined 'base' with richer detail in the pedestrian's immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable 'top' consisting of elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets. e. Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style roofs are discouraged. f. Buildings in the SEQ-VC should employ 'Your -sided" design principles intended to ensure a high visual quality from any publicly -used vantage point. The proposed building will have entrances facing both Hinesburg Road and Rye Circle. The Board finds the building complies with the design standards above, for the following reasons. Windows are numerous and no "blank walls" are shown. The building includes doors on all sides and its roofs comply 5 HRIM:-1i] with the standards. The building employs a "four-sided" design principle and incorporates varied architectural features throughout. D. Lighting Section 13.07 of the Land Development Regulations discusses exterior lighting and states that: 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. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: 1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. 2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. 3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. 4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. 5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. There are proposed to be two (2) pole lights with one (1) on the north side and one (1) on the south side of the proposed building. These light the parking areas. Poles are shown to be 16 feet and 20 feet tall and to have light fixtures which are downcast and shielded. Components are made of aluminum. The Board finds these criteria met. 6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher than the roof of the structure. 11 Three (3) gooseneck fixtures are proposed to be mounted to the building with one (1) each at the north, south, and west entrances. Seven (7) lighting fixtures are proposed to be recessed in the ceilings of the entryways with three (3) at the west entrance, two (2) at the east entrance, and one (1) each at the north and south entrances. All of these light sources will mounted at a height of less than 30 feet. The Board finds this criterion met. E. Stormwater Comments The Board received the following comments from the Stormwater Section in an email dated December 29, 2016: 1. The DRB should include a condition requiring the applicant to regularly maintain all storm water treatment and conveyance structures on -site. 2. The final decision should require that updated final hydrologic modeling be submitted to the Department of Public Works so that this information can be incorporated into the City's watershed model for Potash Brook. The Board supports the comments of the Stormwater Section and the conditions of the decision will reflect the Section's comments. F. Fire No comments were received from the Fire Department. G. Energy Standards The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve site plan application #SP-16-80 of Rye Associates, LLC subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. The plans must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to permit issuance. a. Plans must show evergreen shrub or tree screening around the HVAC/utility cabinet structure on the west side of the property. b. The "Sign" notations on the building elevations must be removed. #SP-16-80 4. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit for building on Lot 2. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 7. Prior to permit issuance the applicant must post a $13,170 landscaping bond. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 8. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 9. Final hydrologic modelling must be submitted to the Public Works Department prior to permit issuance. 10. The applicant must obtain a zoning permit within six (6) months to construct the building on Lot 3 pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 11. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 12. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the structure. 13. Any change to the site plan will require approval by the South Burlington Development Review Board or 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 David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. Signed this 18th day of January 2017, by RI #SP-16-80 Bill Miller, Chair 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.