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Home My WebLink AboutSP-12-06 - Decision - 1184 Shelburne Road#SP-12-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GRANDVIEW FARMS, INC. — 1184 SHELBURNE ROAD SITE PLAN APPLICATION #SP-12-06 FINDINGS OF FACT AND DECISION Grandview Farms, Inc., hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 116 seat standard restaurant. The amendment consists of: 1) constructing a 1,360 sq. ft. patio, 2) revise landscaping, and 3) revise parking layout, 1184 Shelburne Road. The Board held public hearings on this application on June 51h, July 17th, August 21St, September 181h and October 2nd of 2012. The applicant was represented by Jeffrey Olesky. 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 a 116 seat standard restaurant. The amendment consists of: 1) constructing a 1,360 sq. ft. patio, 2) revise landscaping, and 3) revise parking layout, 1184 Shelburne Road. 2. The owner of record of the subject property is Grandview Farms, Inc. 3. The subject property is located in the Commercial-1 Residential 15 Zoning District and the Traffic Overlay District. 4. The application was received on April, 27, 2012. 5. The plan submitted consists of four (4) pages, page one titled, "Proposed Site Improvements for Panera Bread", prepared by Civil Engineering Associates, Inc. dated October 3, 2011, and last revised on 4-25-2012. Zoning District & Dimensional Requirements Table 1, Dimensional ReauiremeWs Mixed Industrial & Commercial Zoning District Required Proposed Min. Lot Size 40,000 SF 52,291 SF Max. Building Coverage 40% 9.1 % �► Max. Overall Coverage 70% 73.7 % -I- Max. Front Yard Coverage Shelburne Rd. 30% 31.2 % A Max. Front Yard Coverage McIntosh Ave. 30% 47.4 % - 1 - #SP-12-06 Min. Front Setback Shelburne Rd. 30 ft. 75 ft. Min. Front Setback McIntosh Ave. 30 ft. 75 ft. �l Min. Side Setback East Line * 65 ft. 148 ft. �l Min. Side Setback South Line 10 ft. 77 ft. Min. Rear Setback 30 ft. N/A Zoning compliance 4 Pre-existing non -conforming * Setback increased from 10 ft. to 65 ft. due to adjacent zoning district SITE PLAN APPLICATION 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: Section 14,06(A), Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. The proposed project is consistent with the goals of the Comprehensive Plan. The Board finds that this criterion is being met. Section 14, 06(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 No new structures are proposed on the site. The Board finds that this criterion is being met. (2) Parking; The proposed development does not change parking requirements for the site. (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 The building coverage will remain the same. Renovations to the exterior will increase the building height from 22 feet to 25 feet. The Board finds that this criterion is being met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground, No new utilities are proposed. -2- #SP-12-06 Section 14.O6(C) Relationship of Structures and Site to Adjoining Area. (1) 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 Minor changes are proposed to the fagade of the building and to the parking area. A new 1,360 sq. ft. patio is proposed. A landscaping plan was also submitted and reviewed and approved by the City Arborist. The Board finds that this criterion is being 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 Minor changes are proposed to the fagade of the building and to the parking area. A new 1,360 sq. ft. patio is proposed. A landscaping plan was also submitted and reviewed and approved by the City Arborist. The Board finds that this criterion is being met. 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The reservation of any additional land is not warranted as part of this application. (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. Minor changes are proposed to utility lines however they will remain underground. The Board finds that this criterion is being met. (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). The plans show a proposed dumpster, adequately screened. The Board finds that this criterion is being met. (D) 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. -3- #SP-12-06 A new 1,360 sq. ft. patio is proposed. A landscaping plan was submitted and reviewed and approved by the City Arborist. The applicant is proposing on spending $22,320 on revised landscaping for the site. The Board finds that this criterion is being met. OTHER STANDARDS Traffic This property is located in Traffic Overlay District Zone 2, because it has a curb cut directly on Shelburne Road which limits this property to a maximum of 26.15 PM Peak Hour Trips (based on a 52,291 sq. ft. lot). However, the property is currently grandfathered at an existing 47.56 PM Peak Hour Trips (based on 116 seats of high turnover sit down restaurant). Technical review was invoked and the applicant worked with the City's traffic consultant. The applicant conducted traffic counts at a similar facility in Seven Hills, Ohio and submitted the results to the City's technical reviewer. The consultant, Georges Jacquemart, of BF] submitted a report dated 9/26/12 in which he concludes that "the proposed Panera be allowed to have 107 seats inside, and, if the City code allows, up to 22 seats outside". The consultant's conclusion is based upon the fact that Panera generates more traffic per 1,000 SF than the previous tenant, Friendly's. DECISION Motion by Roger Farley, seconded by Tim Barritt, to approve site plan application #SP-12-06 of Grandview Farms, Inc. 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. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in restaurant tenants will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 5. The applicant shall post a $22,320 landscaping bond for prior to issuance of the zoning permit for road construction. This bond shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 6. The Board finds that the proposed restaurant shall be limited to a total of 129 seats inside and outside. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy by the new tenant. -4- #SP-12-06 8. 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 5 — 0 — 0 Signed this 22nd day of October 2012, by h Digitally signed by Mark C. Behr Mark C. Behr r email = ark@rark Behr,om,c email=mark@rhbpc.com, c=US Date: 2012.10.22 11:36:59-04'00' Mark Behr, Chairman 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. SeeV.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://vermontjudicia[y.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-