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HomeMy WebLinkAboutSD-07-48 SD-07-49 - Decision - 0514 Farrell Street#SD-07-48 #SD-07--49 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 518 CORPORATION - PLANNED UNIT DEVELOPMENT 514 FARRELL STREET PRELIMINARY PLAT APPLICATION #SD-07-48 FINAL PLAT APPLICATION #SD-07-49 FINDINGS OF FACT AND DECISION 518 Corporation, hereafter referred to as the applicant, is seeking preliminary and final plat approval to amend a previously approved plan for a 24,749 sq. ft. retail and office building. The amendment consists of converting 2,222 sq. ft. of the retail store to a drive - through facility, 514 Farrell Street. The Development Review Board held a public hearing on Tuesday, September 18, 2007. Jim Carroll 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 and final plat approval to amend a previously approved plan for a 24,749 sq. ft. retail and office building. The amendment consists of converting 2,222 sq. ft. of the retail store to a drive - through facility, 514 Farrell Street. 2. The owner of record of the subject property is 518 Corporation. 3. The subject property is located in the Commercial 1 — Residential 12 (C1-R12) Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Revised Final Plat O'Dell Parkway PUD South Burlington Vermont", dated June 20, 2005, last revised on 5/11/06. - 1 - #SD-07-48 #SD-07-49 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements C1 Zoning District Required JFOroposed + Min. Lot Size 40,000 S.F. 18,426 S.F • Max. Building Coverage 40% 100% + Max. Overall Coverage 70% 100% • Max. Front Yard Coverage 30% NA • Min. Front Setback Midas Drive 30 ft. 0 ft. • Min. Side Setback 10 ft. 0 ft. 4 Max. Building Height 35 ft. 28 ft 4 zoning compliance + pre-existing noncompliance N/A the building has no frontage on a public or private road; the building line is the property line PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. Pursuant to Section 15.13(B) (1), municipal water service must be extended to serve the proposed development. The South Burlington Water Department has stated that there is no need for them to review the plans related to this application. (b) 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 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. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. -2- #SD-07-48 #SD-07-49 The proposed access to the drive-thru will be through a portion of the building which currently exists. The applicant is proposing to cut an opening in the southeast corner of the building which will be approximately 14 feet wide. It appears that this lane will then widen to 22 feet. Vehicles utilizing the drive thru will then exit at the northern side of the building. Access to the drive through portion will be via western curbcut near the property and via an already approved one-way travel lane. The building is not proposed to be enlarged and therefore there are no additional vehicle trips estimated. (d) 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, streams, wildlife habitat, or unique natural features on the site. (e) 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 is in keeping with the goals for development within the Commercial 1 (Cl) Zoning District, as set forth in Section 5.01 of the South Burlington Land Development Regulations. (f) 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 subject property is entirely covered and cannot provide any open space. (g) 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 existing building will not be changing and the Fire Chief has stated that he does not need to review these plans. (h) 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. There are no additional roads, recreation paths or stormwater facilities proposed. (i) 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 South Burlington Land Development Regulations, any new utility lines shall be underground. -3- #SD-07-48 #SD-07-49 The applicant has stated that no new lighting is proposed at this time. (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The project is consistent with the goals and objectives of the Comprehensive Plan. Per Section 5.01 of the SBLDR, all applications for a drive -through facility shall be subject to conditional use review and the following restrictions. - (a) Compliance with Traffic Overlay District Provisions, if applicable; The proposed project falls outside of the traffic overlay district. (b) Compliance with an approved access management plan, providing for curb cut consolidation and secondary access; The access management plan appears sufficient with respect to curb cuts. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. The applicant has submitted a report from a traffic consultant addressing this criterion. The report notes that no data exists for a drive thru crafts store and so data for a drive- thru pharmacy was used. This is acceptable as both are retail uses. The consultant estimates that approximately 7 vehicles would utilize the drive-thru during the pm peak period, over the course of one hour. Dually noted, this translates into approximately one every ten minutes. Given typical pharmacy wait times, the consultant estimates that it will be rare for more than one vehicle to be utilizing the drive thru at any given time; the 75 feet of queuing space would allow for at least three vehicles. The consultant ultimately states that the drive thru window "will not cause internal site circulation issues." The Board supports this finding. Again, the proposal shall be evaluated for conditional use review: a. the capacity of municipal or educational facilities The Board does not feel that this project will adversely impact this criterion b. the planned character of the neighborhood The Board not feel that this project will adversely impact this criterion c. traffic on roadways and highways in the vicinity The proposed project results in less square feet of retail gross floor area; given the methods for traffic generation established in the South Burlington Land Development Regulations, this results in less vehicle trip ends per peak hour. d. bylaws in effect This proposal is in compliance with the bylaws. e. utilization of renewable energy resources The Board does not feel that this project will adversely impact this criterion NEE #SD-07-48 #SD-07-49 Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: SITE PLAN REVIEW STANDARDS (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. All of the parking spaces needed and proposed as part of this application are not located on the subject property. The applicant has obtained approval from the adjoining property owner to proceed with the application. However, the adjoining property owner should submit a revised site plan showing the changes which will result from this proposal. This should be approved prior to recording of the mylar. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. The site plan proposed a bicycle rack in one of the parking islands. The Board does not believe this is the most appropriate or safest place for a bicycle rack. It should be moved to be located closer to the building. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is currently to the front and side of the building. There are no opportunities to change this layout as part of this application. (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 is within the limits established by the South Burlington Land Development Regulations. (d) 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 noted that any new utility lines 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. No new exterior construction is proposed. -5- #SD-07-48 #SD-07-49 (fl 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 exterior construction is proposed. 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 proposed 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. No additional reservation of land shall be required for this application. (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. It has already been noted that utility lines must 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). Landscaping As no new construction is proposed, no additional landscaping is required. DECISION r� Motion by A�L� �ul A1a , seconded by �b6CA AAL G to approve Preliminary Plat Application #SD-07-48 and final plat application #S -07-49 of 518 Corporation, 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-07-48 #SD-07-49 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 permit issuance. a. The plans shall be revised to depict a bicycle rack to a location which is safer and closer to the building. 4. The applicant 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. 5. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 6. The abutting property owner must obtain approval for the proposed site plan changes which occur on the abutting property prior to recording the mylar for this proposed development. 7. The mylar shall be recorded prior to permit issuance. 8. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9. The final plat plan (sheet C-2) 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 — yea/nay/abs in/not present Matthew Birmingh m — e ay/abstain/not present John Dinklage ay/abstain/not present Roger Farley —y/abstain/not present Eric Knudsen —y/abstain/not fenay/abstain/not present Peter Plumeau nay/abstain/not present Gayle Quimby present Motion carried by a vote of Signed this L— day of 1-71�' 2007, by John Dinklag , 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 -7 #SD-07-48 #SD-07-49 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).