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HomeMy WebLinkAboutSD-03-35 SD-03-36 - Decision - 1120 Shelburne Road#SD-03-35 #SD-03-36 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary plat application #SD-03-35 and final plat application #SD-03-36 of Northfield Savings Bank for a planned unit development consisting of: 1) razing a 3500 sq. ft. 12 unit motel, 2) razing a single-family dwelling, and 3) constructing a 2500 sq. ft. bank with a drive -through facility, 1120 Shelburne Road. On the 15t" day of July, 2003, the South Burlington Development Review Board approved the request of Northfield Savings Bank for preliminary plat and final plat approval under Sections 15.08 (B) and 15.08 (E) of the South Burlington Land Regulations, based on the following findings: 1) This project consists of a planned unit development involving: 1) razing a 3500 sq. ft. 12 unit motel, 2) razing a single-family dwelling, and 3) constructing a 2500 sq. ft. bank with a drive -through facility. The sketch plan was reviewed on 4/15/03. 2) SITE PLAN REVIEW STANDARDS a) Access/Circulation: Access will be provided by a 20-foot wide ingress and egress curb cut on McIntosh Avenue. This access will be located more than 200 feet from the Shelburne Road/McIntosh Avenue intersection. Circulation on the site is adequate. Page #2 b) Coverage [setbacks: Building coverage is 6.4% (maximum allowed is 40%). Overall coverage is 52% (maximum allowed is 70%). Front yard coverage along Shelburne Road is 29.6% and along McIntosh Avenue is 46.3% (maximum allowed is 30%). Pursuant to Section 15.02 (A) (3) of the Land Development Regulations, the Board may modify the front yard coverage along McIntosh Avenue. The Board had no problem with this issue in sketch plan review since this results in a better layout. Pursuant to Section 14.03 (A) (6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the Land Development Regulations establishes the following general review standards for all site plan applications. c) 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. It appears that adequate transitional features are proposed between structures and between parking and structures. The planting plan for this site is adequate. d) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located easterly at the rear of the proposed structure, along the southerly side of the structure, and along the westerly front of the structure. The Board believes the location of parking is more desirable, because it is dispersed and avoids a relatively large parking area adjacent to the R4 District. e) 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. Page #3 The proposed bank building appears to be of similar scale to others within the C1 District in this vicinity. f) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The utility lines will be underground. g) The Development Review Board 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 proposed plan complies with this standard. h) 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. This standard is being met. 3) 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: 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 1. : n The applicant has proposed to eliminate the Shelburne Road curb cut. Staff did not believe that reservation of land for access to abutting properties is necessary on the subject property, although the applicant was reserving an area for a future connection to the property to the north. 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. Staff has already indicated that utility lines will 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). No dumpsters or outside storage area are proposed. OTHER SITE PLAN CRITERIA 4) Pam: The minimum -parking requirement for this proposed use is nine (9) spaces. A total of 20 spaces are proposed including one (1) handicapped space and a bike rack. 5) Landscaping: The minimum -landscaping requirement, based on building costs is $9800, which is being met. Proposed plantings include Red Maple, Red Oak, Arborvitae, Rugosa Rose, Viburnum, and Cranberry Bush. 6) The applicant is proposing a six (6) foot high fence along the easterly boundary to screen the development from the adjacent residential property. ri Page #5 7) Lighting: Exterior lighting consists of. 1) five (5) 175 watt metal halide lamps with downcasting shielded fixtures mounted on 30-foot poles, 2) four (4) 100 watt metal halide flush mounted canopy lights, and 3) three (3) florescent building mounted lights. The pole light closest to the residential neighborhood should be fitted with a residential shield to minimize light spilling onto the property to the east. 8) Snow storage: A snow storage area is designated. 9) Pedestrian access: A new sidewalk is proposed along McIntosh Avenue within the street right-of-way. The plan should be revised to show the sidewalk extending across the driveway. PLANNED UNIT DEVELOPMENT STANDAR The applicant submitted a report addressing the PUD criteria. 10) Pursuant to Section 15.18 of the proposed Land Development Regulations, PUD'S shall comply with the following standards and conditions: a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The plans have been reviewed by the South Burlington Water Department (see letter dated 5/27/03 from,Jay Nadeau). b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposal must adhere to standards for erosion control as set forth in Section 16.03 of the Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the regulations. Page #6 c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Staff notes that currently there is a non -complying Shelburne Road curb cut on the subject property. The applicant proposes eliminating the existing curb cut and replacing it with a McIntosh Road curb cut that complies with the 200 feet intersection setback standard of the Land Development Regulations. In addition, the applicant provided an analysis of traffic impacts of the proposed development prepared by Roger Dickinson of Lamoureux and Dickinson Consulting Engineers, Inc. Mr. Dickinson concluded that a level of service C can be maintained at the intersection of Shelburne Road, McIntosh Avenue, and Fayette Road even after the proposed development of the bank and development of the nearby Lowe's Home Center. Therefore, the proposed bank will not cause unreasonable traffic congestion. 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 significant natural resource 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 appears to be compatible with existing development in the C1 District. In addition, the plans show that the minimum required 65-foot setback from the adjacent R4 District will be provided. Staff notes that the proposed development will be screened from the adjacent residential uses with a six (6) foot high fence. Page #7 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. There are no streams in the vicinity of the subject property. Furthermore, the subject property is relatively small and cannot provide significant 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 plans must be reviewed and approved by Fire Chief Doug Brent. h) Road, 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 is proposing to construct a sidewalk along McIntosh Avenue. 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. Proposed lighting complies with City standards. j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district (s). In general, the Board believes that the project is consistent with the goals and objectives of the Comprehensive Plan. 11) TRAFFIC OVERLAY REIVEW a. This property is located in the Traffic Overlay Zone 4, which allows this property to generate a maximum of 29.25 vehicle trip ends (vte's) during the p.m. peak hour. Information provided by the applicant indicates that the current use generates nine (9) vte's and the proposed use to generate 141 vte's for a 132-vte increase. b. It has been past policy that the level of service (LOS) limitations contained in the PUD standards under Section 15.12 (E) (1) of the Land Development Regulations supersede the Traffic Overlay District standards. As can be seen from the above information, proposed traffic volumes far exceed the traffic overlay limitation of 29.25 vte's. The PUD standards require that the nearest signalized intersection have an overall LOS of "D" or better. The report from Roger Dickinson indicates that the nearest signalized intersection (Shelburne Road%McIntosh Avenue/Fayette Road) will have an LOS of "C". Therefore, the PUD standards will be met. DECISIONS & CONDITIONS Based on the above Findings of Fact, the South Burlington Development approves preliminary plat application #SD-03-35 and final plat application #SD-03-36 of Northfield Savings Bank for a planned unit development (PUD) consisting of. 1) razing a 3500 sq. ft. 12 unit motel, 2) razing a single-family dwelling, and 3) constructing a 2500 sq. ft. bank with a drive -through facility, 1120 Shelburne Road, as depicted on a nine (9) page set of plans, page one (1) entitled, "Lands of Lowell T. Er Shelley C. Spillane 1120 Shelburne Road - South Burlington, Vermont Property Plat", prepared by Lamoureux Er Dickinson Consulting Engineers, Inc., dated 5 /23 (03, with the following stipulations: 1) All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2) Pursuant to Section 15.02 (A) (3) of the Land Development Regulations, the Board modifies the front yard coverage requirement along McIntosh Avenue and approves a front yard coverage not to exceed 46.3 % . 3) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new use will generate 132 additional vehicle trip ends during the P.M. peak hour. 4) All new exterior lighting shall consist of downcasting-shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. The pole light closest to the residential neighborhood shall be fitted with a residential shield to minimize light spilling onto the properties to the east. 5) Prior to issuance of a zoning permit, the applicant shall post a $9800 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. 6) The proposed sidewalk along McIntosh Avenue shall be constructed in a location approved by the Director of Public Works. 7) The applicant shall comply with the recommendations of the City Engineer, City Arborist, Water Department and the Fire Chief. l Page #10 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 McIntosh Avenue if deemed necessary by the Development Review Board in connection with a plan approved for development of the property to the north. 9) Any change to the final plat plan shall require approval of the South Burlington Development Review Board. 10) The final plat plans (survey plat and sheet 2) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning Er Zoning. Dated this -)- 9 rk day of July, 2003 at South Burlington, Vermont -- - - e=-}�----- C Clerk O South Burlington Development Review Board 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 $150.00. 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).