HomeMy WebLinkAboutSD-06-47 - Decision - 0388 0400 0410 Shelburne Road#SD-06-47
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOHN P. LARKIN - 388-410 SHELBURNE ROAD
PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-06-47
FINDINGS OF FACT AND DECISION
John P. Larkin, hereinafter referred to as the applicant, is requesting approval to amend a
planned unit development consisting of: 1) a 10,064 sq. ft. mixed use commercial building, 2)
a 3,100 sq. ft. short-order restaurant, and 3) a 24 unit multi -family building. The amendment
consists of: 1) reducing the number of units in the multi -family building to 23, and 2) site
modifications, 388, 400 & 410 Shelburne Road. The Development Review Board held a
public hearing on July 18, 2006. Bill Nedde 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 approval to amend a planned unit development consisting
of: 1) a 10,064 sq. ft. mixed use commercial building, 2) a 3,100 sq. ft. short-order
restaurant, and 3) a 24 unit multi -family building. The amendment consists of: 1)
reducing the number of units in the multi -family building to 23, and 2) site
modifications, 388, 400 & 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.
4. The plans submitted consist of an eight (8) 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 4/12/05, last
revised on 6/9/06.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
C1-1115 Zonin District
Re uired
Proposed
Min. Lot Size
3,000
SF/unit
75,794 SF
Max. Building Coverage
40%
22.5%
Max. Overall Coverage
70%
69.0%
♦ Min. Front Setback
50 ft.
10 ft.
Min. Side Setback
10 ft.
>10 ft.
�l Min. Rear Setback
30 ft.
N/A
waiver previously granted pursuant to Section 15.02(A)(3) of the South
Burlington Land Development Regulations.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
PUDs shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The subject property is served by the City of Burlington's water and wastewater utilities.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The applicant has submitted a grading and erosion control plan that sufficiently meets the
goals of this criterion.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
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 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. According to
the ITE Trip Generation Manual, 7th Edition, the current uses on the subject property are
estimated to generate 111.72 peak hour trip ends. The proposed uses are estimated to
generate 109.04 peak hour trip ends. So, while the existing and proposed uses both
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exceed the traffic budgets allowed for the subject property, the proposed project will reduce
the total peak hour trip ends of the property.
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 subject property does not contain any wetlands, streams, or unique natural features.
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 proposed development conforms to the purpose of the C1 District and that it is
visually compatible with the area, which currently contains commercial uses and multi-
family dwellings.
Open 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 proposed project is a redevelopment project on a site that does not contain significant
open space. The new multi -family residential building will not create any new open space
areas.
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.
The South Burlington Fire Chief reviewed previous iterations of the plans and submitted
comments in a letter dated March 31, 2006. The changes proposed as part of this
amendment do not warrant a new review and the applicant shall still comply with the
previous specifications of the Fire Chief.
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.
This criterion is met through the proposed project.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant has submitted a lighting point plan for the project. The proposed lighting is in
compliance with the South Burlington Land Development Regulations. The applicant has
also submitted proposed cut sheets for the building mounted lights at the entrances.
These are in compliance with Appendix D of the South Burlington Land Development
Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
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The proposed PUD is consistent with the South Burlington Comprehensive Plan for the
following reasons:
a. The plan is consistent with the stated purpose of the C1 District, as outlined in
Section 5.01 of the South Burlington Land Development Regulations.
b. The addition of the proposed multi -family residential building to the existing
commercial development on the property will produce high density, mixed -use
development, which is the fits the character and the goals for the area.
c. The proposed planned unit development will produce infill development, which is
promoted through the Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
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. The site also 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 132 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 135 to 100 spaces. The project
therefore has no extra spaces. The shared parking analysis meets the standards outlined in
the South Burlington Land Development Regulations and is substantiated by the applicant's
professional parking 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.
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.
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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".
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has already been stated that 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.
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.
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
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 reservation of land on the proposed project site does note pose any opportunities to
create access to abutting properties that will reduce curb cuts, improve general access, or
improve circulation.
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
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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
Pursuant to Section 13.06(G) of the Land Development Regulations, the estimated cost of
the proposed building determines the amount of additional landscaping required on the
subject property. The applicant has submitted a building cost of $1,500,000. Therefore, the
minimum landscaping budget shall be $22,500.
The applicant has submitted a landscaping plan and landscaping budget of $23,652. The
applicant has met with an abutting residential property owner and discussed the tree line at
the eastern edge of the property. The plan satisfies the applicant and the neighboring
property owner.
The City's Arborist has reviewed the landscaping plans and issued comments in a memo
dated March 27, 2006.
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.
Other
The City Engineer reviewed the plans and provided comments in a memorandum dated
April 13, 2006.
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Post -it° Fax Note 7671
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DECISION
e applicant
Motion by (7Lc (c / V , seconded by _A4 it h1m% l /16 ff4l
to approve Final Plat Application #SD 06-47 of John P. Larkin, 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.
#SD-06-47
3) The plans 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 recording.
a) The landscaping plans shall be revised to comply with the requests of the City
Arborist as outlined in his memorandum dated March 27, 2006.
b) The site plan shall be revised to adhere to the specifications of the City Engineer as
noted in his memorandum of April 13, 2006.
4) The applicant shall comply with the requests of the City Engineer as outlined in his
memorandum dated April 13, 2006.
5) Prior to issuance of a zoning permit, the applicant shall submit a letter from the City of
Burlington indicating that there is sufficient water and wastewater capacity to serve the
proposed project.
6) The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations.
7) Prior to the issuance of a zoning permit, the applicant shall issue confirmation that they
have implemented all of the conditions set forth by the South Burlington Fire Chief in his
letter of March 31, 2006. The Fire Chief shall inspect and approve of these
implementations.
8) Pursuant to Section 15.13(E) of the Land Development Records, any new utility
lines, services, and service modifications shall be underground.
9) The mylar shall be recorded prior to the issuance of the zoning permit.
10) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
11) The final plat plan (Sheet SP-1) shall be recorded in the land records within 180 days
or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording.
Mark Behr —"nay/abstain/not present
Matthew Birmingham — e nay/abstain/not present
Chuck Bolton — ay abstain/not _present
John Dinklage — yea/nay/abstain o/� t presen
Roger Farley — ffy— ay/abstain/no present
Gayle Quimby —ay/abstain/not present
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Motion carried by a vote of O -
b
Signed this �� day of 2006, 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).
Ml