HomeMy WebLinkAboutSD-08-28 SD-08-29 - Decision - 0929 Shelburne Road#SD-08-28
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MERCHANTS BANK — 929 SHELBURNE ROAD
PRELIMINARY PLAT APPLICATION #SD-08-28
FINAL PLAT APPLICATION #SD-08-29
FINDINGS OF FACT AND DECISION
Merchants Bank, hereafter referred to as the applicant, is requesting preliminary and
final plat plan approval for a planned unit development to amend a previously approved
plan for a 100,932 sq. ft. retail building (40, 205 sq. ft. vacant), and a 985 sq. ft. bank
with a drive -through facility. The amendment consists of: 1) enlarging the bank's leased
parcel to 1.02 acres, 2) razing the existing bank building, and 3) constructing a new 2120
sq. ft. bank building with a drive -through facility, 929 Shelburne Road.
The Development Review Board held a public hearing on Tuesday, June 17, 2008.
David G. White 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
The applicant is requesting preliminary and final plat plan approval for a planned
unit development to amend a previously approved plan for a 100,932 sq. ft. retail
building (40, 205 sq. ft. vacant), and a 985 sq. ft. bank with a drive -through
facility. The amendment consists of: 1) enlarging the bank's leased parcel to
1.02 acres, 2) razing the existing bank building, and 3) constructing a new 2120
sq. ft. bank building with a drive -through facility, 929 Shelburne Road.
2. The proposal was heard for sketch plan review on April 1, 2008.
3. The owner of record of the subject property is Martin's Foods of South
Burlington, Inc.
4. The subject property is located in the Commercial 1-Residential 15 (C1-R15)
Zoning District.
5. The plans submitted consist of a 12 page set of plans, page one (1) entitled,
"Merchants Bank Shelburne Road South Burlington, VT. Overall Site Plan",
prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 5/16/08.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
C1 Zoning District
Required
Existing Proposed
PUD New Lot
Min. Lot Size
4,000 S.F.
12.02 acres 1.02 acres
�l Max. Building Coverage
40%
19.3% 4.8%
�l Max. Overall Coverage
70%
90.4% 51.3%
�l Front Setback
50 ft.
>50 ft >50 ft.
�l Side Setback
10 ft.
>10 ft. >10 ft.
Rear Setback
30 ft.
>30 ft >30 ft.
Front Yard Coverage
30%
62.3% 17.9%
Max. Building Height
40 ft.
32 ft.
�l zoning compliance
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:
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. Prior to final plat approval, the applicant must obtain final water
allocation approval from the South Burlington Water Department.
The South Burlington Water Department reviewed this early set of plans and provided
comments in a letter dated May 31, 2008.
The applicant has obtained final wastewater allocation approval.
Sufficient grading and erosion controls will be utilized during construction and
after construction to prevent soil erosion and runoff from creating unhealthy or
dangerous conditions on the subject property and adjacent properties. In making
this finding, the DRB may rely on evidence that the project will be covered under
the General Permit for Construction issued by the Vermont Department of
Environmental Conservation.
The applicant has submitted an erosion and sediment control plan.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads. In making this
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finding the DRB may rely on the findings of a traffic study submitted by the
applicant, and the findings of any technical review by City staff or consultants.
Access to the property is proposed via two curb cuts from a private access drive that
connects from Shelburne Road to Queen City Park Road. Access to the larger PUD is
provided to Shelburne Road, Queen City Park Road, and most recently, through an access
to Hannaford Drive.
The access and circulation to the site will be significantly improved over the existing
conditions. Access to the facility is now at a greater distance than currently exists. There is
no curb cut directly from the main access to Shelburne Road, a curb cut which had
presented safety concerns and queuing issues.
Vehicle circulation on the site is two directional in the southern portion of the parking lot but
shall only be permitted in one direction around the building. Circulation is acceptable.
A walkway is proposed to connect to the existing sidewalk on Shelburne Road and is now
properly demarcated on the plans.
Traffic
The subject property is located in Traffic Overlay District 3, per an attached memo from Juli
Beth Hinds.
The applicant has submitted a memo from a local engineering consulting firm which
provides a background of the site and an assessment of the proposed new building. The
Board invoked technical review of the proposal and the applicant's traffic engineer has
been working with the City's traffic consultant towards an agreed approach.
Per the attached memo from Lamoureux and Dickinson, both parties are in agreement to
use the grandfathered traffic budget of the existing Burlington Plaza of 1,052 vte/hour. Both
parties also agreed that the existing and proposed trip generation should be based on ITE
trip generation rates using a full -occupancy assessment of the plaza's historical uses.
The Board is satisfied with the traffic reviews.
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. In making this finding the DRB shall utilize the
provisions of Article 12 of these Regulations related to wetlands and stream
buffers, and may seek comment from the Natural Resources Committee with
respect to the project's impact on natural resources.
There are no wetlands, streams, wildlife habitat, or unique natural features on the site.
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.
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The proposed use (drive -through bank) is a permitted use in the C1 Zoning District. The
project is in compliance with the uses and goals specified in the Comprehensive Plan.
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.
There is very little open space on this site as it is currently covered by 90.4% impervious
surface. The green spaces that are provided are contiguous and exist mainly along the
entrance drive to the PUD. The existing plan is acceptable; however, at such time as
the existing retail building on the site is redeveloped in any form, the Board will examine
ways to improve compliance with this criterion at that time.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or his
designee to insure that adequate fire protection can be provided.
The South Burlington Fire Chief has reviewed the plans and provided comments in a letter
dated April 16, 2008.
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 properties.
The Board discussed an access easement to the abutting property to the north at 919
Shelburne Road, known as the Tire Warehouse. This property has serious problems
with exiting traffic which wishes to head northbound on Shelburne Road. The City has
consistently sought and obtained shared accesses which would allow properties best
and proper access to traffic signals. The Board decided not to do so at the sketch plan
review.
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 City Engineer has reviewed the sketch plans for the proposed project and issued a
memo dated February 7, 2008. The applicant made the requested changes for final
approval and no further action is necessary.
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.
The applicant has submitted lighting cut
submittal of the sketch plan application
Burlington Land Development Regulations.
sheets and a point -by -point plan with the
They are in compliance with the South
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
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The proposed project is consistent with the goals and objectives of the Comprehensive
Plan for the C1 Zoning District.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(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.
The proposed project accomplishes a desirable transition from structure to site and from
structure to structure. Pedestrian movement is adequate.
According to Table 13-1 of the Land Development Regulations, the drive through bank (to
which the bank is part of the KMART PUD requires 5.8 parking spaces per 1,000 SF of
GLA. Therefore, the 2121 SF of GLA shall require a total of 13 parking spaces. The
applicant is proposing a total of 19 parking spaces on the lease lot. This criterion is met.
The applicant is also proposing temporary parking on the KMART lot to be used during the
construction process.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Most of the proposed parking is located to the rear or side of the proposed building.
(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 and scale of the proposed building are compatible with the site and the existing
buildings in the area. The height of the building will be within the limits of 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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications 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.
The applicant has submitted architectural details of the proposed structure
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(t) 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 architectural details of the proposed structure.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington 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.
The Board decided not to require any additional access connections.
(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 stated that pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines, services, and service modifications shall 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).
The plans show an enclosed dumpster on the northeastern corner of the property.
(d) Landscaping and Screening Requirements
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of
the Land Development Regulations. The landscape plan and landscape budget shall be
prepared by a landscape architect or professional landscape designer.
The applicant has submitted a landscaping plan and itemized planting budget as part of the
sketch plan application. Based on estimated construction costs of $950,000, the minimum
landscaping budget shall be $17,000. The applicant is proposing $20,220 in landscaping.
The City Arborist has reviewed the plans and provided comments in a memo dated June 4,
2008.
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
plans depict snow storage areas on the lease lot, and per the direction of the Board at
the sketch plan review, also the entirety of the PUD.
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Other- Drive -Thu Facility
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 project is in conformance with the requirements 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 and number
of accesses.
(c) Mandatory technical review by a traffic consultant to determine adequate
stacking lane length and aisle width.
The applicant has provided comments from their engineer addressing this criterion.
Again, the proposal shall be evaluated for conditional use review:
a. the capacity of municipal or educational facilities
This project will not adversely impact this criterion
b. the planned character of the neighborhood
This project will not adversely impact this criterion
c. traffic on roadways and highways in the vicinity
As previously noted, this has been reviewed by outside technical review.
d. bylaws in effect
This proposal is in compliance with the bylaws.
e. utilization of renewable energy resources
This project will not adversely impact this criterion
Other- Phasing and Demolition
The applicant is actively working with staff on the phasing of building and demolition on this
site. At this time, and because this is a matter of Administrative Officer approval of
compliance, this is not an issue that the Development Review Board needs to address
further. Section 13.09(E)(3) of the Land Development Regulations require the posting of
a two-year bond for the cost of removing the existing building.
Some of the parking for the new building is proposed to be located in the current location
of the current building. During demolition, these spaces will not be available. Adequate
parking spaces are shown on the adjacent lot to be used until the existing building is
removed.
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DECISION
Motion by G�'q��� �l���i�y seconded by pe�v to
approve Preliminary Plat Application #SD-08-28 and Final Plat Application #SD-08-29 of
The Merchants Bank, 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 recording:
a. The plans shall be revised to comply with the requests of the City Arborist
as outlined in his memorandum dated June 4, 2008.
b. The subdivision plat shall be revised to include the signature and seal of
the land surveyor.
4. The applicant shall adhere to the stipulations of the City Arborist as outlined in
his memorandum dated June 4, 2008.
5. The applicant shall adhere to the comments of the South Burlington Water
Department as per the letter dated May 31, 2008.
6. The applicant shall adhere to the comments of the South Burlington Fire Chief
per the letter dated April 16, 2008.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
8. Snow storage shall be limited to those areas designated on the plans.
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. In addition,
the grading plan shall meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
10. Prior to permit issuance, the applicant shall post a two-year bond for the cost of
demolishing and removing the existing building.
11. Prior to permit issuance, the applicant shall post a landscaping bond in the
amount of $17,000. This bond shall remain in full effect for three (3) years to
assure that the landscaping has taken root and has a good chance of survival.
12. The mylar shall be recorded in the land records prior to issuance of a zoning
permit.
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13. The applicant shall pay all costs associated with technical review prior to
issuance of a zoning permit.
14. 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.
15. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the building.
16. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
17. The final plat plan (subdivision plat) 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 —yea/nay/abstain of rese
Matthew Birmingham — yea/nay/abstain,nesen
John Dinklage Fenay/abstain/not
ay/abstain/not present
Roger Farley —y/abstain/not present
Eric Knudsen — present
Peter Plumeau — /nay/abstain/ bi pres
Gayle Quimby ea ay/abstain/not present
Motion carried by a vote of d- O
Signed this / % day of 2008, by
_ c
John Dinklage, Chair"
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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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