HomeMy WebLinkAboutSD-09-25 SD-09-26 - Decision - 1080 Shelburne Road#SD-09-25
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
1080 SHELBURNE ROAD, LLC — 1080 SHELBURNE ROAD
PRELIMINARY PLAT APPLICATION #SD-09-25
FINAL PLAT APPLICATION #SD-09-26
FINDINGS OF FACT AND DECISION
1080 Shelburne Road, LLC, hereafter referred to as the applicant, is seeking preliminary
and final plat approval for a planned unit development to: 1) raze an existing building
formerly used as a restaurant, and 2) construct a 16,592 sq. ft. retail building, 1080
Shelburne Road (Tuscan Kitchen).
The Development Review Board held a public hearing on June 2, 2009. The application
was continued to June 16, 2009. Paul O'Leary 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 for a planned unit
development to: 1) raze an existing building formerly used as a restaurant, and 2)
construct a 16,592 sq. ft. retail building, 1080 Shelburne Road (Tuscan Kitchen).
3. The owner of record of the subject property is 1080 Shelburne Road, LLC.
3. The application was received on May 11, 2009
4. The subject property is located in the Commercial 1-Automobile District
Zoning Districts.
5. The plan submitted consists of an eight page set of plans, page one (1) entitled,
"Proposed Goodwill 1080 Shelburne Road South Burlington," prepared by O'Leary -
Burke Civil Associates, PLC., dated 5/1/09, last revised on 6/12/09.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
CI -Auto Zoning District
Re uired
Pro osed
Min. Lot Size
40,000 SF
72,214 SF
Max. Density
n/a
n/a
Max. Building Coverage
40%
22.2%
Max. Overall Coverage
70%
68.1 %
+Min. Front Setback Shelburne Rd
50 ft.
35 ft.
4 Min. Front Setback Baldwin Ave
30 ft.
>30 ft.
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Min. Rear Setback
30 ft.
>30 ft.
Max. Building Height
35 ft.
<35 ft.
�l Front Yard Coverage Shelburne Rd
30%
30%
Front Yard Coverage Baldwin Ave
30%
16%
4 zoning compliance
n/a no residential units proposed
+ waiver requested
The applicant is requesting a waiver from the front yard setback requirements for
Shelburne Road in order to move the building forward and provide room to the rear for
parking, in accordance with the South Burlington Land Development Regulations
(SBLDR). The Board supports the proposed location of the building and recommends
that the Board grant a front yard setback waiver for Shelburne Road of fifteen (15) feet.
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.
The South Burlington Water Department has reviewed the plans and provided comments in
a letter dated June 11, 2009. The applicant shall adhere to the comments of the South
Burlington Water Department. The plans require revisions.
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.
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 has submitted sufficient grading and erosion control plans.
The City of South Burlington Stormwater Superintendent has reviewed the plans and
provided comments in a memo dated June 9, 2009.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
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Access to this property is proposed via a two-way 28 foot wide drive off of Baldwin Avenue.
The applicant is also proposing a 12-foot egress only drive to Shelburne Road. The
applicant is proposing to remove an existing curb cut along Shelburne Road.
The applicant is also showing an access to the property to the north, known as Shearer
SDMWN Associates LLC. The applicant shall record this in the land records.
The Fire Department has provided comments in a letter dated June 11, 2009.
The existing property is currently grandfathered at 78 pm peak trip ends (high quality
restaurant LUC). Staff has worked with the applicant to choose an appropriate land use
category and estimate traffic from the proposed use according to the ITE Trip Generation
Manual. Based on the use of Apparel Store, the estimated traffic generation would be 3.83
vehicle tripe ends for the pm peak hour, for a total of 63 vehicle trip ends. This is lower than
the grandfathered amount.
Because the category used for traffic is specific to apparel store and not general retail, the
property will be required to apply to the Development Review Board for a change in
circumstance.
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.
The subject property does not appear to contain any wetlands, streams, or other unique
natural features.
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.
According to Section 5.02(A) of the Land Development Regulations, the Commercial 1-
Auto District is established to recognize the existence of several automobile sales and
service facilities in the area of the City and allow for their continued operation and
improvement...." While the proposed use is not an automobile use, it does not detract
from the goals of the zoning district or the sated use or practice of the Shelburne Road
Corridor.
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 open spaces on this property are largely limited to the perimeter of the lot. This is a
dense zoning district in a highly traveled commercial corridor and therefore the Board is not
concerned by lack of significant open spaces on the lot.
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.
It is already stated that the Fire Chief has reviewed the plans.
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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.
The applicant has shown plans for stormwater retention and treatment on the property. The
amount of impervious surface meets the guidelines for state review and the City's
Stormwater Superintendent has reviewed the plans and commented in a letter dated
6/9/2009.
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 plans and provided comments in a memo dated May
25, 2009. The applicant should adhere to his comments.
A lighting plan for the proposed project has been submitted for this proposal and appears to
meet the requirements in Appendices A.9 and A.10 of the Land Development Regulations.
In addition, the applicant has submitted exterior lighting details (cut -sheets) for the
proposed lighting on the subject parcel. The proposed lighting fixtures are in compliance
with Appendix D of the Land Development Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
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 Dlan aDDlications:
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 has provided for adequate pedestrian movement from Shelburne Road to the
main entrance.
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the
16,592 SF of retail use shall require 83 parking spaces. The applicant is proposing to
provide 63 parking spaces. Therefore the applicant is requesting a parking waiver of twenty
(20) spaces, or 24.1 %.
The Board supports a sizeable parking waiver as the subject property is on a major bus
route and also easily accessible via non -motorized transportation.
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The Board is concerned, however, about the existing use of the lot to park employee
vehicles for the neighboring property to the north. The Board wishes to make it clear that
every single parking space is necessary to meet the minimum required by the SBLDR. The
use of the parking spaces shall be strictly limited to serve the proposed building only.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. A bicycle rack is depicted on the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The majority of the proposed parking is located to the rear of the building. There are five
proposed spaces along Shelburne Road, but even these fall behind the building line. The
Board previously expressed that they had no concerns about the location of the proposed
parking provided the applicant provides a generous amount of landscaping along
Shelburne Road. Four crabapples and an elm are shown in the area. This appears
sufficient.
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 applicant has stated that the maximum height of the proposed two-story building will
not exceed 35 feet, which is in compliance with the Land development Regulations.
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.
The applicant has submitted elevations of the proposed building.
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.
Again, the applicant has submitted elevations of the proposed building.
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.
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The Board has already discussed the potential for connection to the property to the north.
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 plans depict a proposed recycling center. It is shown as adequately screened
Landscaping and Screening Requirements
Based on cost projections for submitted by the applicant, the minimum landscaping
requirement is $19,500. The applicant has submitted a landscaping plan for the property
for $20,685 in new plants, along with a request that much of the on -site plant material be
preserved or transplanted. No additional credit is necessary.
Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street
parking area with twenty-eight (28) or more parking spaces, at least ten percent (10%) of
the interior of the parking area shall be landscaped with trees, shrubs, and other plants.
All interior and perimeter planting shall be protected by curbing. Interior planted islands
shall have a minimum dimension of six (6) feet on any one side, and shall have a
minimum square footage of sixty (60) feet. Large islands are encouraged.
This parking lot contains more than 28 spaces. The site plan appears to show that this
requirement is met.
Pursuant to Section 13.06(6) 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 currently depict a small snow storage area to the northwest area of the
property and additional areas to the rear of the building.
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any utility cabinets on the site shall be effectively screened to the approval of the
Development Review Board.
DECISION Q
Motion by 6 i� �-� >�,seconded byA�C-x * t! w
�� ,
to approve Prel minary Plat Appli ation #SD-09-25 & Final Plat Application SD-09-26 of
1080 Shelburne Road, LLC, subject to the following conditions:
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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 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 permit issuance.
a. The plans shall be revised to depict the dumpsters/recycling area is
appropriately enclosed and screened.
b. The plans shall be revised to correct the number of spaces provided in the
Zoning Information table.
c. The plans shall be revised to comply with the requests of the Water
Superintendent dated 6/11/2009.
d. The plans shall be revised to comply with the requests of the City Engineer
dated 5/25/2009.
e. The plans shall be revised to adhere to the comments of the City Arborist in an
e-rnail dated 6/15/2009.
4. The Board grants a front yard setback waiver for the Shelburne Road side of the lot
of fifteen (15) feet.
5. The applicant shall adhere to the comments of the South Burlington Water
Department per the letter dated 6/11/2009.
6. If necessary, the applicant shall obtain final wastewater capacity allocation from the
Director of Planning and Zoning prior to recording of the final plat plans.
7. 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.
8. Prior to issuance of a zoning permit, the applicant shall 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 to
the north a 24-foot wide access easement to the property to Baldwin Avenue in
connection with a plan approved for development of the property to the north. .
9. The approval herein is for retail of apparel. The property shall be required to apply to
the Development Review Board for a change in circumstance if the type of retail use
changes.
10. The applicant shall comply with the comments of the Stormwater Superintendent in
an e-mail dated 6/9/2009.
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11. The Board approves a total of 63 parking spaces which represents a 20 space or
24.1 % parking waiver.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
13. The applicant shall adhere to the comments of the City Engineer dated May 25,
2009.
14. The parking spaces on the subject property shall be limited to the sole use of serving
the subject property.
15. 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.
16. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the building.
17. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the new building will
generate zero (0) additional vehicle trip ends during the P.M. peak hour.
18. Any new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation.
19. Prior to issuance of a zoning permit, the applicant shall post a $19,500 landscape
bond. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
20. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
21. The final plat plan (site plan) 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.
22. Prior to recording the final plat plan, the applicant shall provide all information requested
to the City of South Burlington Stormwater Superintendent and make any plan changes
so requested.
23. The applicant shall adhere to the comments of the South Burlington Fire Department
per the letter dated June 11, 2009. Where necessary, the plans shall be revised.
24. The stormwater drainage infrastructure (pipes, drainage swales, stormwater
structures, etc... ) shall be maintained in good working order to ensure that the
performance and function of the system is not compromised.
Mark Behr — ee nay/abstain/not presen
Matthew Birmingham — yea/nay/abstain of present
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John Dinklage — n a/nay/abstain otresen
Roger Farley — nay/abstain/not present
Eric Knudsen — nay/abstain/not present
Gayle Quimby — e /nay/abstain/not present
Motion carried by a vote of-D
44
Signed thi i ' day of 2009, by
Mark Behr, Vice Chairman
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).
W
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