HomeMy WebLinkAboutSD-11-17 - Decision - 0434 Shelburne Road#SD-11-17
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
QUEEN CITY LLC- 434 SHELBURNE ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-11-17
FINDINGS OF FACT AND DECISION
Queen City LLC, hereafter referred to as the applicant, is requesting preliminary and final plat
review to amend a previously approved plan for 6920 sq. ft. of general office use in two (2)
buildings. The amendment consists of a planned unit development resulting in the following: 1)
a mixed use building consisting of three (3) multi -family dwelling units and 2429 sq. ft. of general
office use, and 2) a 6708 sq. ft. detached accessory building for the general office use, 434
Shelburne Road.
The application was reviewed at the sketch plan level on February 15, 2011.
The Development Review Board held a public hearing on May 17, 2011. Jeff Noyes 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. Queen City LLC, hereafter referred to as the applicant, is requesting preliminary and final plat
review to amend a previously approved plan for 6920 sq. ft. of general office use in two (2)
buildings. The amendment consists of a planned unit development resulting in the following: 1)
a mixed use building consisting of three (3) multi -family dwelling units and 2429 sq. ft. of general
office use, and 2) a 6708 sq. ft. detached accessory building for the general office use, 434
Shelburne Road.
2. The owner of record of the subject property is Queen City LLC.
3. The application was received on April 4, 2011.
4. The subject property is located in the Commercial 1/Residential 15 Zoning Districts.
5. The plans submitted consist of a four (4) page set of plans, page one (1) entitled "Site Plan
Queen City LLC 434 Shelburne Road South Burlington VT 05403", prepared by Heindel &
Noyes Inc, dated 3/31/11.
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Zoning District & Dimensional Requirements
Table 1.
Dimensional Requirements
C1 Zoning District
Required
Proposed
191 Min. Lot Size
40,000 SF
24,870 SF
Max. Building Coverage
40%
25%
Max. Overall Coverage
70%
70%
Min. Front Setback
50 ft.
>50 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
zoning compliance
El pre-existing non-compliance
t. The front yard coverage along Shelburne Road has decreased from 61 % to 42%, and along
White Place from 50% to 40.8% with this proposal.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the existing
public water system shall be extended so as to provide the necessary quantity of water, at
acceptable pressure.
There are no changes proposed to the water service. The parcel is served by public water.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider
or developer shall connect to the public sewer system or provide a community wastewater system
approved by the City and the State in any subdivision where off -lot wastewater is proposed.
There are no changes proposed to the sewer system. The parcel is served by public sewer.
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 project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
Access to the subject lot currently exists from Shelburne Road, and from two points on White
Place. The applicant is proposing to remove the western White Place curb cut and redesign the
Shelburne Road curb cut for egress only.
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There is good circulation around the existing and proposed buildings.
Parking
A discussion of parking can be found in the site plan review section of this report.
Traffic
The changes proposed will result in a reduction in the number of p.m. peak hour trip ends.
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.
There are no wetlands on the subject property.
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 Board finds that the proposed project is in keeping with the planned development patterns of
the C1-R15 Zoning 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.
This is among the most dense and most urban areas in the City. Large areas of open space would
be uncommon and unfitting. Still, the applicant is improving the site by adding additional green
space at the corner of Shelburne Road and White Place.
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 stated that he finds no need for any comments on the plans.
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.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground..
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Board finds that the proposed PUD is in conformance with the South Burlington
Comprehensive Plan. Specifically,
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"Commercial Centers. These areas generally follow the Shelburne Road and Williston
Road Corridors.... The City encourages mixed use development in these areas (e.g. mixed
residential/commercial or mixed retail/office/restaurant) to encourage pedestrian pavement,
use of public transportation services, and shared parking opportunities" (p.27)
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site
plan approval. Section 14.06 establishes the following general review standards for all site plan
applications:
Relationship of Proposed Structures to the Site
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.
No new buildings are proposed on the site. However, the applicant is proposing the elimination
of a drive access along White Place which will serve to both improve safety of pedestrian
movement and increase the amount of landscaping on the site. Provision of parking is
addressed in the next section.
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.
(b) The Development Review Board may approve parking between a public
street and one or more buildings if the Board finds that one or more of the
following criteria are met. The Board shall approve only the minimum
necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum
requirements of the Americans with Disabilities Act;
(h) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement
or unstable soils that allow for parking, but not a building, to
be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be
re -used and parking needs cannot be accommodated to the
rear and sides of the existing building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width
of all parking areas located to the side of building(s) at the building line
shall not exceed one half of the width of all building(s) located at the
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building line. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt
from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to
the front of the building adjacent to the public street with the lowest
average daily volume of traffic. Where a lot abuts an Interstate or its
interchanges, parking shall be located to the side of the building(s) or to
the front adjacent to the Interstate. Parking areas adjacent to the Interstate
shall be screened with sufficient landscaping to screen the parking from
view of the Interstate.
Based on the submittal, the Board has calculated that the parking needs are as follows:
Three (3) dwelling units: seven (7) spaces at 2 per unit plus 1 per 4 units
4,777 s.f. General Office: 17 spaces at 3.5 per 1,000 s.f.
4,360 s.f. Accessory Storage: 3 spaces at 0.5 spaces per 1,000 s.f.
Twenty-five (25) spaces are shown on the plan. This is a shortfall of two (2) spaces, or 7.4%.
As stated above, parking must be located to the sides and rear of buildings, except under
specific circumstances. In these case, the buildings on the lot are pre-existing and therefore
subsection (b)(iv) applies.
The property in this case includes two pre-existing buildings.
The Board is confident in allowing the continued existence and re -location of a small number of
parking spaces in front of Building #1 given both the pre-existing nature of the site layout and
the improvements to front yard coverage, circulation, and removal of gravel parking in and
adjacent to the site.
Furthermore, the Board is comfortable in issuing this small parking waiver in consideration of
the mixed -use nature of the site as well as its location along a transit line.
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.
No new buildings are proposed on the site.
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 Land Development Regulations, any new utility lines,
services, and service modifications 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.
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No new buildings are proposed on the site. However, increased landscaping on the site will replace
an existing drive access.
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.
No new structures are proposed on the site. However, increased landscaping on the site will
replace an existing drive access.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the 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 Board does not feel that access drives to adjacent properties are warranted in this case. The
proposed project will eliminate one existing curb cut on the site.
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.
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 plan shows an existing dumpster with no indication of screening. The plans shall be revised to
note that the dumpster will be screened on all four sides.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening
shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land
Development Regulations requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers.
Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must
be shown on the plans. The plans show adequate snow storage areas for the subject property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
Lighting
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Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
A note on the plans indicated floodlighting. This shall be removed. All lights on the property shall
comply with the standards set forth in the SBLDRs.
All lighting on the property shall comply with the standards set forth in the South Burlington Land
Development Regulations. The plans shall be amended to reflect that no flood lighting is on the
property.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Preliminary Plat Application
& Final Plat Application #SD-11-17 of Queen City LLC, 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 proposed project shall adhere to standards for erosion control as set forth in Section 16.03
of the South Burlington Land Development Regulations. In addition, the grading plan shall meet
the standards set forth in Section 16.04 of the South Burlington Land Development
Regulations.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
5. The Board issues a parking waiver of two (2) spaces, or 7.4%, for a total of 25 spaces
provided.
6. All lighting on the property shall comply with the standards set forth in the South Burlington
Land Development Regulations.
7. The plat 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 the final plat plan.
a. The plans shall be revised to note that the dumpster will be screened on all four
sides.
b. The plans shall be amended to reflect that no flood lighting is on the property.
8. 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.
9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy of the residential dwelling units.
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10. The mylar shall be recorded prior to permit issuance.
11. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
12. The final plat plan (survey) 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. 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
South Burlington GIS Coordinator.
Mark Behr — yta/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Gayle Quimby — Yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 5 — 0 — 0
Signed this 18t" day of May 2011, by
Digitally signed by Mark C. Behr
Mark C . Behr Arc e Mark C. Behr, —Richard Henry Behr
Architect P.C., ou,email=mark@rhb ccom, -US
Date: 2011.05.18 15:18:52-04'00'
Mark Behr, Chairman
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://vermontwudiciary.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 802.879.5676 to speak with the regional Permit Specialist.
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