HomeMy WebLinkAboutSP-07-07 - Decision - 0388 0400 0410 Shelburne Road#SP-07-07
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
INNOVATIVE DESIGN, INC. - 388-410 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-07-07
FINDINGS OF FACT AND DECISION
Innovative Design Inc, hereinafter referred to as the applicant, is requesting site plan
approval to amend a previously approved plan for: 1) a 10,064 sq. ft. mixed use
commercial building, 2) a 3100 sq. ft. short-order restaurant, and 3) a 23 unit multi -family
dwelling. The amendment consists of converting the 23 unit multi -family dwelling to a 35
unit extended stay hotel, 388-410 Shelburne Road. The Development Review Board
held a public hearing on February 20, 2007. Michelle Dufresne 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: 1) a 10,064 sq. ft. mixed use commercial building, 2) a 3100 sq. ft. short-
order restaurant, and 3) a 23 unit multi -family dwelling. The amendment consists
of converting the 23 unit multi -family dwelling to a 35 unit extended stay hotel,
388-410 Shelburne Road.
2. The owner of record of the subject property is John P. Larkin.
3. The subject property is located in the Commercial 1 — Residential 15 (C1-R15)
Zoning District and the Traffic Overlay District — Zone 3.
4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Site Plan 388 Shelburne Road U.S. Route 7 (Shelburne Road) South Burlington,
Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated April
12, 2005, last revised on February 4, 2007.
Zoning District & Dimensional Requirements
There are no changes to dimensional standards as part of this application. There will be no
changes to the footprint of the building.
SITE PLAN REVIEW STANDARDS
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Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06 of the South Burlington Land
Development Regulations establishes the following general review standards for all site
plan applications:
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 proposed project accomplishes a desirable transition from structure to site and from
structure to structure. Also, the site provides for adequate planting and safe pedestrian
movement.
Pursuant to Section 13.01(B) of the Land Development Regulations, the proposed project
will result in a parking requirement of the planned unit development to be 117 parking
spaces. The plans depict a total of 96 parking spaces to be provided on the PUD.
The applicant submitted a revised shared parking analysis with this application that
substantiated 96 parking spaces will be sufficient to serve the PUD. The shared parking
analysis essentially reduces the required parking from 117 to 78 spaces (the traffic study
states that even at peak times, 18 spaces would be open). The shared parking analysis
meets the standards outlined in the South Burlington Land Development Regulations and is
substantiated by the applicant's professional traffic study.
The applicant should be extremely diligent, particularly during winter months, to ensure that
ALL parking spaces are accessible and usable. The applicant should be aware that if
spaces were to become unusable for an unreasonable length of time that they will be in
violation of their approved site plan.
Access to subject property is via an existing 34' wide curb -cut on Shelburne Road and an
existing 24' wide curb -cut on Proctor Avenue. Neither of the curb -cuts are proposed to
change. The previously approved plan eliminated three (3) curb cuts. The northerly and
southerly lots in the planned unit development are proposed to be connected, which should
improve circulation on the site.
The subject property is located in the Traffic Overlay District — Zone 3. Pursuant to Section
10.02(G) of the Land Development Regulations, properties in this district may generate up
to 45 peak hour trip ends per 40,000 square feet of land area. The subject property is
75,794 square feet, which can generate up to 85.27 P.M. peak -hour trip ends. The
applicant has completed a traffic analysis which includes credits for reducing curbcuts and
completing connections between parcels. Those credits total 75 vehicle trip ends, which
allows for a traffic budget of 160.6 vehicle trip ends. According to the ITE Trip Generation
Manual, 7ch Edition, the proposed uses are estimated to generate 117.52 peak hour trip
ends. Given the modified traffic budget, the proposed development is compliant.
Staff submitted the traffic study for technical review. The City's consultant submitted
comments dated February 16, 2007. The report concurs with the applicant's traffic study
that the traffic budget exceeds the proposed traffic to be granted by the proposed & existing
uses on the property. The pre -development uses on the property were estimated to
generate 111.72 P.M. peak hour trip ends. The proposed change in use will increase vtes
by 5.8 vtes.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
All of the parking for the proposed residential building is located either underneath the
building or behind the building, relative to Shelburne Road.
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.
According to Section 3.07 (D) of the South Burlington Land Development Regulations, the
maximum height of a pitched -roof structure shall be 40' above average pre -construction
grade, and the maximum height of a flat -roof structure shall be 35' above average pre -
construction grade.
The Board previously granted a height waiver of two (2) feet, allowing the height of the
proposed building to be approximately 33' 8", with the height of the elevator shaft reaching
41 '8".
There have been no changes to the proposed height of the building with this application.
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 South Burlington Land Development Regulations, any
new utility lines shall be underground.
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 applicant has submitted revised architectural renderings. While there have been some
changes to the balconies, windows, and other design elements, all changes are minor and
remain in keeping with the original overall design. This criterion is being met.
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 has submitted revised architectural renderings. While there have been some
changes to the balconies, windows, and other design elements, all changes are minor and
remain in keeping with the original overall design. This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
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
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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.
This project already proposes opportunities to create access to abutting properties that will
reduce curb cuts, improve general access, or improve circulation. No further provisions are
necessary.
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.
It has already been stated that any new utility lines shall be underground.
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
enc/osure(s).
The plans show an adequately screened solid waste facility in the northeasterly corner of
the parking lot.
Landscaping and Screening Requirements
This proposal is merely for a change in use. All previous stipulations regarding landscaping
of the building shall remain in effect, pursuant to Section 13.06(G) of the Land Development
Regulations.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off. The
applicant has depicted snow storage areas on the plan. These areas appear to be
adequate.
All other stipulations pertaining to this project shall remain in effect
DECISION
Motion by (� A 0_ seconded by —,to
approve Site PI n Application #S -07-07 of Innovative Design, Inc., subject to th following
conditions:
1. All previous approvals and stipulations, which are not superseded by this approval,
shall remain in full effect.
2. This project shall be completed as shown on the plan submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the proposed
#S P-07-07
change in use will create a 5.8 additional vehicle trip ends during the P.M. peak
hour.
4. 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.
5. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new building.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —nay/abstain/not present
Matthew Birm gham —yea/nay/aboaint/ of present
John Dinklage — yea/nay/abstai npresen
Roger Farley - e nay/abstain/not present
Eric Knudsen — e /nay/abstain/not present
Peter Plumeau — nay/abstain/not present
Gayle Quimby — e /nay/abstain/not present
Motion carried by a vote of
Signed this v O day of 11Z'4-UA (6- 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).
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