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HomeMy WebLinkAboutSD-06-04 SD-06-05 - Decision - 0388 0400 0410 Shelburne Road#SD-06-04 #SD-06-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STEPHEN MOORE, AIA - 388-410 SHELBURNE ROAD PRELIMINARY PLAT APPLICATION #SD-06-04 FINAL PLAT APPLICATINO #SD-06-05 FINDINGS OF FACT AND DECISION Stephen Moore, hereinafter referred to as the applicant, is requesting preliminary and final plat plan review of 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 5,007 sq. ft. mixed use commercial building. The request involves: 1) razing the 5,007 sq. ft. building, and 2) constructing a 24 unit multi -family dwelling, 388, 400 & 410 Shelburne Road. The Development Review Board held public hearings on April 18, 2006. The applicant 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 The applicant is requesting preliminary and final plat plan review of 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 5,007 sq. ft. mixed use commercial building. The request involves: 1) razing the 5,007 sq. ft. building, and 2) constructing a 24 unit multi -family dwelling, 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 with this application consist of a fifteen (15) 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 4/13/06 - 1 - C #SD-06-04 #SD-06-05 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements CI-R15 Zoning District Required Proposed Min. Lot Size 3,000 SF/unit 75,794 SF �l Max. Building Coverage 40% 22.4% Max. Overall Coverage 70% 69.3% ♦ Min. Front Setback 50 ft. 10 ft. Min. Side Setback 10 ft. >10 ft. �l Min. Rear Setback 30 ft. N/A ♦ waiver required pursuant to Section 15.02(A)(3) of the SBLDR 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, 71h 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 109.44 peak hour trip ends. So, while the existing and proposed uses both exceed the traffic budgets allowed for the subject property, the proposed project will reduce -2- #SD-06-04 #SD-06-05 the total peak hour trip ends of the property. A worksheet outlining the peak hour trip ends of each use on the property was submitted. 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. According to the SBLDR, the Commercial 1 District is hereby formed in order to encourage the location of general retail and office uses in a manner that serves as or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area, including clustered residential development and small industrial employers, may be permitted if they do not interfere with accessibility and continuity of the commercial district. Planned Unit Developments are encouraged in order to coordinate traffic movements, promote mixed -use developments, provide shared parking opportunities, and to provide a potential location for high - traffic generating commercial uses. 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. Also, the proposed development is part of a planned unit development, which is encouraged in the C1 District. 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 has reviewed the plans and submitted comments in a letter dated March 31, 2006. 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. -3- #SD-06-04 #SD-06-05 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). The proposed PUD to be 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. 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 increase the parking requirement of the planned unit development to 135 parking spaces. The plans depict a total of 99 parking spaces to be provided within the PUD. The applicant submitted a shared parking analysis with sketch plan review that substantiated 101 parking spaces (now 99 parking spaces) will be sufficient to serve the PUD. The shared parking analysis essentially reduces the required parking from 135 to 93 spaces. The project therefore has six extra spaces. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. -4- #SD-06-04 #SD-06-05 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 elevations show the height of the proposed building to be approximately 33' 8", with the height of the elevator shaft reaching 41'8". The Board is in favor of granting a 1' 8" height wavier over the allowed 40' for a pitched roof structure. 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. Staff does not feel the reservation of land on the proposed project site poses 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 -5- #SD-06-04 #SD-06-05 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 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. In addition, pursuant to Section 13.06(F) of the Land Development Regulations, the landscape plans must be prepared by a landscape architect or professional landscape designer, and must be accompanied with a landscape budget indicating that the minimum landscaping requirement is being met. The applicant has submitted a landscaping plan and landscaping budget of $22,500. The applicant has met with an abutting residential property owner and discussed the tree line at the eastern edge of the property. The newly submitted 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. There is currently outside seating on the north side of the KFC building. The applicant shows this as outdoor restaurant seating. They should specify the number of seats. M I #SD-06-04 #S D-06-05 nFC'_141nA1 Motion by A L� UN seconded by D�� ran L to approve Prelihnary Plat Application #SD-06-04 and final plat application #SD-06-05 of Stephen Moore, AIA, 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 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 final plat recording. a) The landscaping plan shall be revised to remove the `Buckthorn' located at the eastern edge of the parking lot behind the residential building. Buckthorn is an invasive species. b) The plans shall be revised to include the number of seats proposed for outdoor dining. 4) 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. 5) The applicant shall comply with the requests of the South Burlington Water Department, as outlined in a letter from Jay Nadeau dated December 13, 2005. 6) The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated April 13, 2006. 7) The applicant shall comply with the requests of the City Arborist as outlined in his memorandum dated March 27, 2006. 8) 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 and that they grant approval for the planting of trees in their Shelburne Road right-of-way. 9) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. 10) The Board grants a height waiver of 2 feet for a maximum height of 42 feet. 11) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12) Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. -7- #SD-06-04 #SD-06-05 13) The applicant shall post a $22,500 landscaping bond. The bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance at survival. 14) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 15) The final plat plan (sheet SP-1 and survey plat) shall be recorded within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. Mark Behr —(/nay/ab tain/not present Matthew Birmn - e nay/abstain/not present Chuck Bolton — nay/a stain/not present John Dinklage — e /nay/abstain/not present Roger Farley — e /nay/abstain/not prese Larry Kupferman — ea/nay/abstain not presen Gayle Quimby - o/nay/abstain/not present Motion carried by a vote of Signed this day of 2006, by John Vinklage, Chair 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).