HomeMy WebLinkAboutSD-97-0000 - Decision - 1095 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Wiemann-Lamphere Architects,
Inc. to amend an approved planned unit development consisting of
27,750 square feet of automobile sales and service use in two (2)
buildings, 1085, 1089 and 1095 Shelburne Road. The amendment
consists of: 1) merging a 24,750 square foot lot into the
adjoining lot creating a 5.3 acre PUD, 2 ) creating two ( 2 ) lots
within the PUD of 2.4 acres and 2.9 acres, and 3) constructing a
2,560 square foot addition to the auto sales and service facility
on proposed lot #2.
On the 27th day of May, 1997, the South Burlington Planning
Commission approved the request of Wiemann-Lamphere Architects,
Inc. for revised final plat approval under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This project consists of amending a previously approved planned
unit development consisting of a commercial complex consisting of
two (2) buildings totaling 27,750 square feet. The amendment
consists of: 1) merging a 24,750 square foot lot into the
adjoining lot creating a 5.34 acre PUD, 2) creating two (2) lots
within the PUD of 2.41 acres (lot #1) and 2.93 acres (lot #2), and
3) constructing a 2560 square foot addition to the auto sales and
service facility on proposed lot #2. The ZBA on 3/10/97 approved
a request from the applicant for a use variance for the auto sales
and service addition. The sketch plan was reviewed on 2/25/97.
2. The property located at 1085, 1089, and 1095 Shelburne Road
lies within the Cl District. It is bounded on the west by Fayette
Road, on the south by L&M Park, on the east by Shelburne Road, and
on the north by Hannaford Plaza and a cemetery.
3. PUD "Notice of Condition": Even though two lots are being
created, this development constitutes a PUD and therefore will be
reviewed by the City as one (1) lot for zoning and subdivision
purposes. A "Notice of Condition" should be recorded which clearly
identifies this entire development as a PUD and that it will be
reviewed as one lot for zoning and subdivision purposes. The
applicant has requested that the development not be treated as one
lot for sign purposes so that they may erect a separate free
standing sign on lot #2. Staff did not see a problem with this
request since both lots will meet the minimum frontage requirement
for the district of 200 feet.
4. Access/circulation: Access is provided by a 38 foot signalized
driveway on Shelburne Road. No changes proposed. The existing
curb cut serving 1085 Shelburne Road will be eliminated.
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Circulation on the site is adequate.
5. Coverage/setbacks: Entire PUD (i.e., combined lots #1 and 2):
Building coverage is 11% (maximum allowed is 30%). Overall
coverage is 69.9% (maximum allowed is 70%). Front yard coverage is
12.2% (maximum allowed is 30%).
6. Lot #1: Building coverage is 13.1% (maximum allowed is 30%).
Overall coverage is 64.5% (maximum allowed is 70%). Front yard
coverage is 17.9% (maximum allowed is 30%).
7. Lot #2: Building coverage is 9% (maximum allowed is 30%).
Overall coverage is 74.4% (maximum allowed is 70%). Front yard
coverage is 6.5% (maximum allowed is 30%). The Commission can
waive the coverage for lot #2 since this lot is part of a PUD, and
the coverage for the entire PUD is not being exceeded.
8. The existing buildings and proposed addition will meet the
setback requirements.
9. Landscaping: The minimum landscaping requirement, based on
building costs, is $3000 which is being met. Proposed plantings
include Red Maple.
10. Parking: A total of 61 parking spaces are required for
customers and employees and 61 spaces are provided including five
(5) handicapped spaces. The landscape plan should be revised to
clearly indicate all 61 spaces which are devoted to customer and
employee parking. A bike rack will be provided as required under
Section 26.253(b) of the zoning regulations.
11. Sewer: No additional allocation needed.
12. Lot size/frontage: The minimum lot size requirement of 40,000
square feet is being met. The minimum frontage requirement of 200
feet is being met.
13. Traffic: This property is located in Traffic Overlay Zone 4
which would allow this property to generate a 174 vehicle trip ends
(vte's) during the P.M. peak hour. ITE estimates the current
facility to generate 72.7 vte's and with the proposed addition to
generate 77.9 vte's which is a 5.2 vte increase. The applicant was
made aware that the road impact fee will be $0.
14. Lighting: Additional exterior lighting will match existing
lighting and will consist of:
--- six (6) 1000 watt super metal halide lamps with downcasting
shielded fixtures mounted on three (3) 24 foot high poles.
15. The Performance Standards in the zoning regulations limit the
height of pole lights to 20 feet. Proposed poles must be reduced
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in height to meet this requirement.
16. A point by point lighting plan was submitted indicating that
the average illumination on the site is 8.8 foot candles. The
Performance Standards limit the average illumination to three (3)
foot candles.
17. The site lighting is excessively bright. The Outdoor Lighting
Manual recommends an average light level of no more than 5.0 foot
candles for auto display areas. Staff was concerned with the
amount of direct light spilling over property lines. The point by
point lighting plan shows light levels of up to 25 foot candles
along the west and north property lines. It should be noted that
the point by point lighting plan does not include building mounted
lights, therefore, the light levels on the site are most likely
significantly more than 8.8 foot candles.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of Wiemann-
Lamphere Architects, Inc. to amend an approved planned unit
development consisting of 27,750 square feet of automobile sales
and service use in two (2) buildings, 1085, 1089 and 1095 Shelburne
Road. The amendment consists of: 1) merging a 24,750 square foot
lot into the adjoining lot creating a 5.34 acre PUD, 2) creating
two (2) lots within the PUD of 2.41 acres and 2.93 acres, and 3)
constructing a 2,560 square foot addition to the auto sales and
service facility on proposed lot #2, as depicted on a four (4) page
set of plans, page one (1) entitled, "Plat of Boundary Adjustment
Properties of JWJ Realty Inc. and McLean Holding Corporation South
Burlington Vermont," prepared by Civil Engineering Associates,
Inc., dated April, 1997, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Prior to issuance of a zoning permit, the applicant shall post
a $3000 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.
3. For the purpose of calculating road impact fees under the South
Burlington Impact Fee Ordinance, the Planning Commission estimates
that the proposed addition will generate 5.2 additional vehicle
trip ends during the P.M. peak hour.
4. The applicant shall record in the land records, a "Notice of
Condition" which clearly indicates that this project constitutes a
PUD and that for planning, zoning and subdivision purposes the
entire property will be regarded as a single parcel of land. This
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document shall require approval of the City Attorney and shall be
recorded prior to recording the final plat plans.
5. Any new exterior lighting shall consist of downcasting shielded
fixtures so as not to cast light beyond the property line. Any
changes in lighting shall be approved by the City Planner prior to
installation. The proposed pole lights shall be reduced in height
so as not to exceed the 20 foot height limitation.
6. Maximum illumination on the property at ground level shall be
reduced so as not to exceed an average of five (5) foot candles.
Prior to recording the final plat plans, the applicant shall submit
for approval by the City Planner a point by point lighting plan
which indicates that the maximum illumination at ground level does
not exceed an average of five (5) foot candles. The lighting plan
shall also be revised to significantly reduce the amount of light
being cast upon adjoining property.
7. The proposed sidewalk extension shall be constructed prior to
the use of the new auto display area or the occupying of the auto
sales and service building addition, whichever comes first. Prior
to the start of construction of the sidewalk, the applicant shall
post a bond in an amount approved by the City Engineer. The
sidewalk shall be constructed to the specifications approved by the
Public Works Director.
8. The final plat plans shall be revised to show the changes below
and shall require approval of the City Planner. Three (3) copies
of the approved revised plans shall be submitted to the City
Planner prior to recording.
a) Sheet L-1 shall be revised to indicate the type of
screening used for the dumpster on lot #2. The dumpster and
associated screening for lot #1 shall also be shown.
b) The site information on sheet L-1 shall be revised to
indicate the correct overall acreage (i.e., 5.34 acres).
c) The additional parking site plan, sheet 1, shall be
revised to show the entire property.
d) The survey plat shall be revised to note that lot #1 is
the southerly lot and lot #2 is the northerly lot.
9. Any changes to the plat plans shall require approval by the
South Burlington Planning Commission.
10. The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to use
of the new auto display area and prior to occupancy of the auto
sales and service building addition.
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11. The final plat plans (i.e., subdivision plat and site plan)
shall be recorded in the land records within 90 days or this
approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording. The plans
shall be recorded prior to issuance of a zoning permit. 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 be approved by the City Planner.
12. A zoning permit(s) for the parking expansion and building
addition shall be obtained within two years of this final plat
approval or this approval is null and void.
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Chairman or Clerk
South Burlington Planning Commission
Date
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