Loading...
HomeMy WebLinkAboutSP-17-22 CU-17-05 - Decision - 0935 Shelburne Road#SP-17-22 #CU-17-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARTIN'S FOODS OF SOUTH BURLINGTON, LCC — 935 SHELBURNE ROAD SITE PLAN APPLICATION #SP-17-22 & CONDITIONAL USE APPLICATION #cu-17-05 FINDINGS OF FACT AND DECISION Site Plan application #SP-17-22 and Conditional Use application #CU-17-05 of Martin Foods of South Burlington, LLC to amend a previously approved plan for a 107,650 sq. ft. shopping center. The amendment consists of redevelopment of the property to include: 1) new site lighting, 2) reconstruction of the parking lot to include curbed islands and landscaping, and 3) improved perimeter drive, 935 Shelburne Road. The Development Review Board held a public hearing on May 16 and June 6, 2017. The applicant was represented by Bill McKinney. Based on the plans and 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, Martin's Foods of South Burlington, LLC; seeks to amend a previously approved plan for a 107,650 sq. ft. shopping center. The amendment consists of redevelopment of the property to include: 1) new site lighting, 2) reconstruction of the parking lot to include curbed islands and landscaping, and 3) improved perimeter drive, 935 Shelburne Road. 2. The owner of record of the subject property is Martin's Foods of South Burlington, LLC. 3. The application was received April 14, 2017. 4. The property lies within the Commercial 1-Residential 15 Zoning District. S. The application consists of a 17-page plan set, page C-2.00 titled "Lake Champlain Marketplace 935 Shelburne Rd. South Burlington, Vermont" prepared by VHB, dated May 8, 2017. [Board note: this plan sheet was revised after May 8, 2017 and was submitted to the City on June 2, 2017] Zoning District & Dimensional Requirements: Industrial -Commercial Zoning District Min. Lot Size Required 40,000 S.F. Existing 11.2 acres Proposed No change Max. Building Coverage 40% 21% No change * Max. Overall Coverage 70% 89% 86% * Max. Front Yard Coverage 30% 68% No change Min. Front Setback 30 ft >30 ft No change Min. Side Setback 10 ft. >10 ft. No change Min. Rear Setback 30 ft. >30 ft. No change Max. Building Height 35 ft. (flat) <35 ft. No change #SP-17-22 #CU-17-05 Zoning Compliance * Pre-existing condition Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The Comprehensive Plan sets an objective to "promote higher density, mixed use development and redevelopment along Shelburne Road and foster effective transitions to adjacent residential areas" (P. 3-28). The Board finds the proposed building and uses to be consistent with the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) 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 applicant is proposing a number site improvements and a re -facing of the front facade of the building. See below for individual notes regarding the structure, planting, safe pedestrian movement, and parking. 2) 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. (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); Location of parking: The proposed project includes re -use of an existing building whose parking is entirely to the front. Amount of parking: Based upon a 107,969 SF building, the property requires parking as follows: 5 spaces per 1,000 SF GFA for a total of 538 spaces. The applicant has proposed 490 spaces, requesting a 9.8% waiver. The proposed project would reduce the overall number of spaces by 112 from the present figure of 602. The applicant provided testimony that based on studies elsewhere, they are comfortable with the reduced parking. Given the proximity of the site to public transit, nearby housing, and the expected shared parking with future adjacent tenants of the building, the Board finds this parking waiver to be acceptable. #SP-17-22 #CU-17-05 The Chittenden County Regional Planning Commission's 2011 Chittenden County Park -and -Ride & Intercept Facility Plan identifies this area a potential area for a park -and -ride facility. The Board and applicant reviewed an option to permit up to 40 parking spaces, or 8.2% of the total, be allowed to be designated at any time as park -and -ride spaces by the applicant subject only to a zoning permit. As discussed above, given location factors and the large number of parking spaces available, the Board approves this allowance. (3) 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 anticipated adjoining buildings. No changes are proposed to the height and scale of the building. The Board finds this criterion to be met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The plans indicate that such services are located underground. The Board finds this criterion to be met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant notes that the proposed project will include upgrades to the building fagade and add approximately 100 trees to the property. The Board finds this criterion to be met. (2) 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 is proposing a refurbishment of the building fagade. This will include window areas, architectural treatments, landscaping, and seating areas. The Board finds this criterion to be met. 14.07 Specific Review Standards A. Access to Abutting Properties. 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 or 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 is required, as the property allows for access from adjacent properties or roads on three sides. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to #SP-17-22 #CU-17-05 neighboring properties and to the site. The plans indicate that new services are located underground. The Board finds this criterion to be met. C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. The plans indicate three enclosed dumpster areas behind the building. The Board finds these to be in compliance with the Regulations' requirements for enclosure of dumpsters. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The applicant has proposed to add 104 trees with a caliper of at least 2.5" dba, slightly exceeding the standard for 1 tree per 5 parking spaces. These are spread throughout the project site, including in the parking islands and along the front of the building and roadways. Landscaping budget: Based on a total estimated project cost of $5,450,000, the minimum landscaping value per the regulations is $62,000. The applicant has proposed landscaping valued at $118,364. Landscaping within parking areas. The proposed project would incorporate 10% of the parking areas as landscaped features, bringing the property into compliance with current standards. This is a significant improvement over existing conditions. The Board finds that the minimum landscaping and tree requirements to be met. In an email staff dated May 11, 2017 the City Arborist provided the following comments: "Specify 2.5 ft. depth of planting soil in continuous beds to provide soil volume to support tree growth "Recommend substitute for 'Princeton' Elm. Accolade' Elm, 'Triumph' Elm and 'Regol' Elm all have superior structure as trees mature "Recommend planting a tree which reaches a larger size in the continuous planting strip on the east side of the parking lot. This is the widest planting strip on the property and therefor has the most soil volume to support larger trees" The Board finds that the applicant shall modify the plans to comply with the City Arborist's recommendations. E. Modification of Standards. Aside from the parking waiver discussed above, the applicant is not seeking any modification of standards. F. low Impact Development [Stormwater] #SP-17-22 #CU-17-05 in an email to staff dated May 10, 2017, the City's Stormwater Section provided the following comments: "The Stormwater Section has reviewed the 'Lake Champlain Morketplace'site plan prepared by VHB, doted 4114117. We would like to offer the following comments: 1. This project is located in the Potash Brook watershed. This watershed is listed as Stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). 2. The project proposes to disturb greater than 1 acre of land. It will therefore require a stormwater construction permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. 3. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure, including the infiltration system originally permitted under UIC Permit #6-0079. Thank you for the opportunity to comment, Dove Wheeler, Assistant Stormwater Superintendent" The applicant testified at the hearing that the infiltration system permitted under UIC Permit #6-0079 is not on site and that ownership and maintenance responsibilities under the permit are entirely with the property on which the facility is located to the west. This was confirmed in writing by the applicant prior to the second public hearing meeting. The Board finds that the applicant shall comply with the recommendations of the Stormwater Section, with the exception of the recommended requirement that the applicant regularly maintain the infiltration system originally permitted under UIC Permit #6-0079. G. Standards for Roadways, Parking, and Circulation The applicant describes the proposed improvements in their letter dated April 14, 2017 and plans revised for the June 6, 2017 DRB meeting. These include: • Formalized internal circulation with the perimeter drive; • New recreation path / sidewalks from Queen City Park Road and from Shelburne Road, along the south and north sides of the property; • New driveway in front of the building with a variety of textures; • New bike lanes along the perimeter drive • Bike racks shown in front of the building The Board finds this criterion to be met. Street Connections: See below under Official Map CONDITIONAL USE CRITERIA The proposed project is subject to Conditional Use review because the proposed use, "shopping center," is considered Conditional under the Land Development Regulations. #SP-17-22 #CU-17-05 14.10 (E) General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. The proposed use is not anticipated to increase demands on any existing facilities within the community. The Board finds this criterion to be met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The proposed Shopping Center use is a continuation of very similar uses to what have taken place historically at the property. The purposes for this district support mixed use development. The uses most likely anticipated in at this site are retail in nature, which are permitted in the district. The Board finds this criterion to be met. (3) Traffic on roads and highways in the vicinity. As the applicant's letter details, the Planning Commission (predecessor to the DRB) established a traffic budget of 1,052 peak hour vehicle trip ends for the property. The applicant has indicated that the proposed project will generate 780 weekday PM peak hour trips, below this figure. Traffic safety is expected to be improved through better defined circulation, the addition of sidewalks, and the addition of bicycle lanes. The Board finds this criterion to be met. (4) Bylaws and ordinances then in effect. The project will be subject to the requirements of all ordinances in effect within the City. (5) Utilization of renewable energy resources. The planned renovations will be subject to the statewide energy code. Allowable Uses Within the definition of Shopping Center in the Land Development Regulations, the DRB is authorized to approve non -retail uses such as offices, theaters, hotels, and automotive repair facilities. The applicant has requested that the following uses be approved as part of the Shopping Center for this site: general office, movie theater, brewery, medical offices, data and telecommunication services, and financial institution. The Board finds these uses to be appropriate. #SP-17-22 #CU-17-05 FIRE DEPARTMENT COMMENTS In an email to staff dated April 28, 2017, the City's Fire Marshal provided the following comments: "SBFD has had several mtgs with the developer regarding fire department access under the new proposal. There have been some modifications for island curb and will include no parking fire lane signoge along the east face of the complex." Terry Francis, Fire Marshal The Board finds this criterion to be met. OTHER: nFFICIAL MAP The City's Official Map includes a planned street connecting Queen City Park Road to the property to the south of the subject site. The Official Map includes a notation referring to this site which reads: "Blue Circle #8 refers to development of an internal roadway network linking Queen City Park Road with Fayette Road through the Martin's Foods and Southland properties." This connection is part of a longstanding effort to establish a secondary north -south connector road on this side of Route 7. Fayette Road near the Palace 9 Theater is a public road. In the 2000s, the City acquired an Irrevocable Offer of Dedication for the connections through the Southlands property, as planned for on the Official Map. Obtaining an Irrevocable Offer for this segment will complete the northern portion of this roadway and comply with the Official Map. In addition to having been included on the Official Map continuously since at least 2002, this connection has been included in the City's Comprehensive Plans since 1969. In order to facilitate access to the adjacent property at 919 Shelburne Road (Tire Warehouse) in the future when that property is re -developed, the Board will require a condition of approval which requires the subject property to allow access to and from the adjacent property. Snow Storage The application does not appear to show snow storage areas or a snow removal plan. 1. The applicant shall revise the plans to include snow storage areas or a snow removal plan. Lighting The applicant has provided a point -by -point lighting plan. The average foot candles are proposed to be within allowable limits under the Performance Standards. Light poles and fixtures shall comply with the City's regulations for materials and being downcast and shielded. #SP-17-22 #CU-17-05 DECISION Moved by Matt Cota, seconded by John Wilking, to approve site plan application #SP-17-22 and conditional use application #CU-17-05 of Martin's Foods of South Burlington, LLC, subject to the following conditions: All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. The plan must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to permit issuance. a. Specify 2.5 ft. depth of planting soil in continuous beds to provide soil volume to support tree growth b. Substitute for 'Princeton' Elm. 'Accolade' Elm, 'Triumph' Elm and 'Regal' Elm all have superior structure as trees mature c. Plant trees which reaches a larger size in the continuous planting strip on the east side of the parking lot. d. The plans must be revised to show the snow storage areas or snow removal plan. 3. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 4. Prior to the issuance of a zoning permit, the applicant must record a "Notice of Conditions" in the South Burlington Land Records, which has been approved by the City Attorney, indicating that the applicant will provide the owner of the property at 919 Shelburne Road an access easement to its property in connection with a plan for development of the adjacent property. 5. Prior to permit issuance, the applicant must post an $118,364 landscaping bond. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 6. Bicycle lanes marking the site plan shall be painted green and striped as shown and be regularly maintained. 7. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 8. Prior to the issuance of a zoning permit, the applicant must record a "Notice of Conditions" in the South Burlington Land Records, which has been approved by the City Attorney, indicating that the roadways contained on the property may be retained in private ownership so long as said roadways are maintained in a condition satisfactory to the City and Owner has executed and delivered to the City an Offer of Dedication and deeds of conveyance describing said roadways to be held by the City in escrow and recorded only under the conditions and in a manner provided in the agreement. This document is to be modeled after a similar agreement between the City and Southland Enterprises, Inc. which was executed in 1995. #SP-17-22 #CU-17-05 9. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the structures. 12. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 13. The applicant must 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. 14. Any change to the approved plans will require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0 Signed this 21 day of June 2017, by r Bill Miller, Chair 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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist. 9