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HomeMy WebLinkAboutSD-07-72 - Decision - 0068 Nesti Drive#SD-07-72 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CATAMOUNT/MIDDLEBURY, LLC. and J.W.J. REALTY 1785-1795 SHELBURNE ROAD and 68 NESTI DRIVE PRELMINARY PLAT APPLICATION #SD-07-72 FINDINGS OF FACT AND DECISION Catamount/Middlebury, LLC, hereinafter referred to as the applicant, is seeking preliminary plat approval for a planned unit development consisting of: 1) a boundary line adjustment between 1785/1795 Shelburne Road and 68 Nesti Drive, 2) expanding the parking lot for auto sales & service use on 1785/1795 Shelburne Road, 3) creating a new access for 68 Nesti Drive through 1785/1795 Shelburne Road. The Development Review Board held a public hearing on Tuesday, November 20, 2007. Steve Vock 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 seeking preliminary plat approval for a planned unit development consisting of: 1) a boundary line adjustment between 1785/1795 Shelburne Road and 68 Nesti Drive, 2) expanding the parking lot for auto sales & service use on 1785/1795 Shelburne Road, 3) creating a new access for 68 Nesti Drive through 1785/1795 Shelburne Road. 2. The owners of record of the subject properties are Catamount/Middlebury, LLC and J.W.J. Realty. 3. The subject properties are located in the Commercial 2 (C2) Zoning District. 4. The plans submitted consist of an 11 page set of plans, page one (1) entitled, "Planned Unit Development and Proposed Parking Improvements 68 Nesti Dr. & 1785/1795 Shelburne Rd. So. Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated Jan., 2006. - 1 - #SD-07-72 DIMENSIONAL STANDARDS C2 Zoning District Required Proposed PUD- 68 Nesti Drive/1785 & 1795 Shelburne Road Min. Lot Size 40,000 SF 15.58 Acres Max. Building Coverage 40% # Max. Overall Coverage 70% # Min. Front Setback 30 ft. # Min. Side Setback 10 ft. # Min. Rear Setback 30 ft. # # The Board cannot asses this at this time. The property will be reviewed as a PUD and so lot coverages will be considered for the combined lots and not the individual lots. The Board does not anticipate any issues with lot sizes or coverages. The plans depict a property line between the properties at 1785 and 1795 Shelburne Road This boundary line should be dissolved. Furthermore, the boundary line proposed between "Proposed Lot 2" and 1785 and 1795 Shelburne Road shall be dissolved. Ultimately, there should only be two (2) lots: 68 Nesti Drive and 1795 Shelburne Road. The survey currently shows 4 lots. If the property lines are not dissolved, the property at 1795 Shelburne Road will not be in conformance; furthermore, the increase in impervious area at 1795 Shelburne Road lot due to the expansion of the auto display area, would increase the non-conformance of the overall coverage. The Board does not have the authority to allow any increases in non- conformance. 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 applicant is proposing a new roadway which will serve as an access to 68 Nesti Drive through 1785/1795 Shelburne Road property. The proposed access will improve the transition between adjoining properties which will also allow for safer pedestrian movement. The right-of-way for this access is not shown on the survey plat at this time. The plans should be revised to reflect this. The proposed connection between the subject properties at Shelburne Road and Nesti Drive is as narrow as 20 feet in width. Although the Board supports the proposal for a private road to function for this connection, it is still extremely narrow given the commercial and industrial nature and use of this property. The Board will require widening the connection to 24 feet. -2- #SD-07-72 The South Burlington Fire Chief shall review the plans before final plat approval Per Section 13.01(G)(5) of the South Burlington Land Development Regulations, a bicycle rack shall be provided to serve employees, residents, and the general public. A bicycle rack is shown at the 68 Nesti Drive property. However, none is shown at the 1795 Shelburne Road property. The combined properties require 85 parking spaces (35 for the existing uses at 68 Nesti Drive, 30 for commercial parking spaces at 68 Nesti Drive, and 20 for the auto sales uses at 1795 Shelburne Road). Although 110 parking spaces are shown, there are some concerns about their layout. None of the handicapped parking spaces have the required access aisles. There are no handicapped accessible aisles marked for the Freedom Nissan building. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This criterion is largely being met as existing parking is located to the side and rear of the buildings. The proposed parking area for 68 Nesti Drive is located on the east side of the building. The parking at the property at 1795 Shelburne Road meets this criterion. (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 remain unchanged. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The plans do not indicate any changes to utilities. 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 proposed project does not involve any new exterior construction of buildings, so this criterion is not applicable. (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. -3- #SD-07-72 The proposed project does not involve any new exterior construction of buildings, so this criterion is not applicable. 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. Per Section 15.12(D)(2)(d) of the Land Development Regulations, if the proposed roadway (access road) serves one (1) or more lots occupied by and/or proposed for non-residential or mixed -use development, it shall be a public road. Section 15.12(D)(3)(e) of the Land Development Regulations states that if the proposed roadway functions as a private frontage or service road to service more than one (1) commercial lot, and the DRB determines the road would be consistent with the standards for PUD's, it may be a private road. With respect to the allowance for private roads that are consistent with the standards of PUDS, the South Burlington Land Development Regulations require public road connections when the possibility of future development on the subject parcel or abutting properties exists. This proposed roadway may be a private roadway. However, as it serves more than one (1) commercial property, and may serve residential and/or mixed use if undeveloped parcels off this roadway are developed in the future, with the strong possibility of intense residential (up to 7 units per acre) or commercial development on this property, it would be prudent of the applicant to adequately plan for the possible addition of dense residential development. At such time as said residential development were to occur, staff would almost certainly recommend a public roadway. Proper planning on the applicant's part now would prevent unnecessary and costly retrofitting later. The access drive to the property at 68 Nesti Drive is difficult to discern. It should be made more clear on the plans. (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. As already noted, 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). #SD-07-72 Screened dumpster locations are noted on the plans. (d) Landscaping and Screening Requirements As no new building construction is planned, no new landscaping shall be required. The applicant is proposing to plant some trees around the new parking area. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans and may not be within a stream buffer area. Traffic Generation No changes in traffic generation are anticipated as the uses will remain the same. Other The two properties are proposing to merge into a planned unit development. The applicant is proposing a boundary line adjustment between 68 Nesti Drive and 1785/1795 Shelburne Road. The boundary line adjustment is necessary for the construction of the new parking area at 1785/1795 Shelburne Road. There are no problems with this request. It has already been noted that the boundary line between the properties should be dissolved. The applicant is also proposing a new stormwater detention and treatment pond. The City Stormwater Superintendent shall review the plans prior to final approval. DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Preliminary Plat Application #SD-07-72 of Catamount/Middlebury, LLC and J.W.J. Realty, 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 plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below prior to final plat submittal: a. The plans shall be revised to include a bicycle rack at 1795 Shelburne Road. b. The plans shall be revised to include appropriate access aisles for all handicapped parking spaces. There shall be at least one handicapped accessible parking space provided for the building at 1795 Shelburne Road. c. The plans shall be revised to more clearly depict the access road to Nesti Drive. -5- #SD-07-72 d. The plans shall be revised to include lot coverage information. e. The plans shall be revised to show a right-of-way across 1785 Shelburne Road to access 68 Nesti Drive. f. The plans shall be revised to note that the boundary line between the lots at 1785 and 1795 Shelburne Road and the proposed lot 2 are dissolved. 4. The South Burlington Fire Chief shall review the plans before final approval. 5. All new utility lines, services, and service modifications shall be underground. 6. The City of South Burlington Stormwater Superintendent shall review the plans and provide comments prior to final plat approval. 7. The final plat application shall be submitted within twelve (12) months from the date of this decision. Mark Behr — vea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — vea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — y2a/nay/abstain/not present Gayle Quimby — vea/nay/abstain/not present Motion carried by a vote of 4-0-0. i qq Signed this &11 day f I� OV LSM �i�YL 2007, by Mark Behr, Vice Chairman 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).