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Home My WebLink AboutSP-12-54 - Decision - 1030 Shelburne Road#S P-12-54 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING WILLIAM SHEARER — 1030 SHELBURNE ROAD SITE PLAN APPLICATION #SP-12-54 FINDINGS OF FACT AND DECISION William Shearer, hereafter referred to as the applicant, is seeking site plan review to amend a previously approved plan for an auto sales, service and repair facility. The amendment consists of installing new exterior pole and wall mounted lights, 1030 Shelburne Road. The Board held a public hearing on this application on January 2, 2012. The applicant was represented by Malcolm Willard. 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 is seeking approval to amend a previously approved plan for an auto sales, service and repair facility. The amendment consists of installing new exterior pole and wall mounted lights, 1030 Shelburne Road. 2. The owner of record of the subject property is SDMWN Associates. 3. The subject property is located in the Commercial 1 — Auto Zoning District. 4. The application was received on October 24, 2012. 5. The plan submitted consists of one (1) page, titled, "Shearer Volkswagen South Burlington, Vermont Lighting Plan", prepared by SE Group, dated October 29, 2012, and last revised on January 2, 2013. Site Plan Review 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: 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 subject application proposes only to add additional lighting and does not warrant any changes in internal circulation, planting, pedestrian movement. No additional parking is required. - 1 - #SP-12-54 Chapter 14.06 of the South Burlington Land Development Regulations states the following: 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; (ii) 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, (u) 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 buildings) at the building line shall not exceed one half of the width of all building(s) located at the 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 buildings) 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. Subsection (b) (iv) applies. 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 proposed lighting improvements do not involve any construction as part of this application. 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. -2- #SP-12-54 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. 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 proposed lighting improvements do not involve any construction as part of this application 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 subject application proposes only to add additional lighting and does not warrant any changes to access. 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). 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. As there is no new construction, there is no minimum landscaping budget requirement. Lighting 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. -3- #SP-12-54 The proposed lighting fixtures are in compliance. The proposed fixtures are downcast and shielded. Light spillage onto adjacent properties does not exceed the maximum of 0.3 foot candles. DECISION Motion by Bill Stuono, seconded by Bill Miller, to approve site plan application #SP-12-54 of William Shearer subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. 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. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new lights. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. Tim Barritt — yea nay abstain not present Mark Behr — yea nay abstain not present Roger Farley — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller — yea nay abstain not present Michael Sirotkin — yea nay abstain not present Bill Stuono — yea nay abstain not present Motion carried by a vote of 6 — 0 — 0 Signed this 191h day of January, 2013, by Digitally signed by Mark C. Behr Mark C. Behre'm cn=Mark C. Behr, o, c mail=mark@rhbpccom, =US Date: 2013.01.19 08:07:42-05'00' Mark Behr, Chairman #SP-12-54 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. SeeV.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 802.879.5676 to speak with the regional Permit Specialist. -5-