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HomeMy WebLinkAboutSD-16-32 - Decision - 1233 Shelburne Road#SD-16-32 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LEWIS REAL ESTATE-1233 SHELBURNE ROAD PRELIMINARY AND FINAL PLAT APPLICATION #SD-16-32 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-16-32 of Lewis Real Estate to amend a planned unit development consisting of six (6) commercial buildings with a total of 27,323 sq. ft. The amendment consists of constructing a 1,800 sq. ft. building for retail use, 1233 Shelburne Road. The Development Review Board held a public hearing on December 6, 2016 and February 7, 2017. The applicant was represented by David Lewis and Abby Dery. 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, Lewis Real Estate, seeks to amend a planned unit development consisting of six (6) commercial buildings with a total of 27,323 sq. ft. The amendment consists of constructing a 1,800 sq. ft. building for retail use, 1233 Shelburne Road. 2. The owner of record of the subject property is Lakewood Commons Owners Association, Inc. 3. The application was received on October 17, 2016. 4. The property lies within the Commercial 1-Automobile Zoning District and the Traffic Overlay District. S. The plans submitted consist of six (6) pages titled "Condominium Plat Lakewood Commons" dated 7/8/16, "Existing Conditions Plan" no date provided, "Site Plan" dated 6/30/16, "Landscape Plan" dated 8/17/16, "Site Details" dated 8/17/16, "Sewer & Water Details" dated 8/17/16, and "Stormwater & Erosion Details" dated 8/17/16. All plans were prepared by Trudell Consulting Engineers. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PLIDs shall comply with the following standards and conditions: (A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. (A)(2) 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. #SD-16-32 Plans show the use of erosion controls. Public Works was satisfied with the plans. (A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The application materials state there will be five (5) new P.M. Peak Hour trip ends on the property due to the additional proposed building and its retail use. The proposed building will use the existing one-way driveway for access to the property from Shelburne Road and the existing two-way egress from the property onto Lewis Road, a private street. The project lies within the Traffic Overlay District in Zone 2A. The existing site has a traffic budget of 101 P.M. Peak Hour trips each day. With the proposed building and use the site is projected to produce 110 trips each day, thus exceeding the traffic budget. The applicant has proposed installing a pedestrian connection that would extend from north-western corner of the property through the adjacent properties to the north to Fayette Road. Appendix B of the Land Development Regulations allows the Board to grant a credit of 10 vehicle trips when a pedestrian connection is developed between properties, because this creates the possibility of eliminating vehicle trips by converting those trips into pedestrian travel between sites. The Board finds a pedestrian connection from 1233 Shelburne Road to Fayette Road will mitigate the traffic impact of the proposed development and the Board grants a credit of 10 vehicle trips, which brings the traffic budget for the site to 111 trips. (A)(4) 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 site is already heavily developed and there are no wetlands or similar areas of concern. The Board finds this criterion met. (A)(5) 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 project shows entrances to the building facing the access driveway to the property and Shelburne Road. There is a walkway leading from the existing sidewalk on Shelburne Road up to the proposed building entrance on the east side. The Board notes that for the past several years new projects in South Burlington have been oriented to the street on major roads. It is critical to continue this pattern if the urban form the City is looking to cultivate along these roadways is to be a reality. The Board finds the design of the proposed building and grounds meets this criterion. (A)(6) 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 Board finds that this project does not impact the primary existing open space on the property, which is located in the center of the already existing buildings and does not connect to other properties. The Board finds this criterion met. (A)(7) 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. 2 The Fire Department submitted a comment to the Board in an email dated November 21, 2016 stating that the project proposed no challenges for the Department. The Board finds this criterion met. (A)(8) 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 proposed project will involve the construction of a pedestrian connection to adjacent properties as discussed earlier in this decision. The Board finds this criterion met. (A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. The proposed project will involve the construction of a pedestrian connection to adjacent properties as discussed earlier in this decision. The Board finds this criterion met. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Comprehensive Plan identifies Shelburne Road as an area where development will primarily occur as infill and that shared parking along with infrastructure that supports pedestrian movement should be encouraged. The proposed project is using a shared parking plan and connects to existing sidewalks to encourage pedestrian movement. The Board finds this criterion met. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The Comprehensive Plan identifies Shelburne Road as an area where development will primarily occur as infill and that shared parking along with infrastructure that supports pedestrian movement should be encouraged. The proposed project is using a shared parking plan and connects to existing sidewalks to encourage pedestrian movement. The Board finds this criterion met. 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. 3 The proposed building is similar in style and appearance to buildings already on the site. Safe pedestrian movement from the sidewalk on Shelburne Road to the new building will be provided by a walkway. The Board finds this criterion to be met. (2) 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. The proposed use of the new building would fit in the "Retail sales up to 3,000 sq. ft." category, which requires four (4) parking spaces per 1,000 sq. ft. The proposed building is 1,800 sq. ft. and therefore would require eight (8) parking spaces. The applicant has indicated the existing parking lot will be reconfigured to allow for three (3) additional parking spaces for a total of 210 (up from the current 207) and has submitted a shared parking analysis to account for the remaining five (5) spaces. Shared parking may be permitted by the Board pursuant to Section 13.01(E) and is encouraged by the City to reduce the overall amount of paved surface on a site. The shared parking analysis indicates that weekdays from 12pm to 2pm is the peak usage period. The analysis indicates 202 spaces could be needed during that time period; however, an onsite parking count performed by the applicant found only 105 spaces were in use during that time period. The Board finds shared parking to be an appropriate solution for this site with the new proposed building. The plan also shows a bicycle rack to the rear of the building, which the Board finds meets the requirements of Section 13.01(G)(5). (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 proposed building will not be more than 20 feet in height, which is not dissimilar from other buildings along Shelburne Road. The Board finds this criterion met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The Board finds this criterion met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (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. The Board finds that the proposed building is stylistically in keeping with the buildings already on the site and will not impact the transition between the site and neighboring sites. The existing transition between sites will also be maintained by keeping two (2) existing mature trees close to Shelburne Road and in front of the proposed building. The transition between sites and the site's relationship to the 4 #SD-16-32 roadway will be improved by the additional landscaping required as part of the construction, which is discussed below. 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: 1. Access to Abutting Properties. The reservation of land maybe 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. The Board received comments from Planning and Zoning staff indicating that access to the abutting property to the north would allow future development on that site to connect through the applicant's site to Holmes Road to the south. The further development of Holmes Road is shown on the Official Map and staff indicated this access would advance that City goal. The Board heard from some members of the Lakewood Commons condominium association, where the project would be located, who expressed that the association would not approve an easement that could create a connection for vehicles travelling from one property to the other. The Board finds vehicular access to the abutting property is not necessary. The applicant has agreed, as discussed earlier in this decision, to enter into a reciprocal easement with neighboring property owners in order to construct a pedestrian connection to the north, which will allow the applicant to increase their traffic budget to accommodate the new building and its retail use. The Board considers the proposed pedestrian connection to be sufficient and that the criterion is met. 2. Utility Services. 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. The Board finds this criterion met. 3. Disposal of Wastes. 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 applicant's plans show an enclosed dumpster located to the rear of the building beside the parking area. The Board finds this criterion met. 5. Landscaping and Screening Requirements. (See Article 13, Section 13.06) Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The proposed building is projected to cost $500,000. Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost Cost of proposed project $0 - $250,000 3% $7,500 #SD-16-32 Next $250,000 2% $5,000 Additional over $500,000 1% - Minimum Landscaping $ $12,500 Proposed Landscaping $12,545 The Board finds the landscaping plan and budget are acceptable. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict snow storage areas. The Board finds this criterion met. LIGHTING The plans show that an existing light fixture will be replaced by a new 18 foot tall fixture near the parking area. Additionally five (5) lighting fixtures will be mounted to the proposed building. The lighting plan shows that none of these fixtures will result in light spillover onto adjacent properties. During a site visit staff noted there were many light fixtures on the property that do not meet the requirements of the LDRs. Compliance with the exterior lighting standards of the LDRs will be a condition of approval for this project. ENERGY STANDARDS The Board notes that all new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. WAIVERS The applicant has requested a 10 foot waiver to the front setback requirement of 50 feet. The Board finds this waiver to be acceptable and it will noted in the conditions of this decision. OTHER An E911 address for the new structure is needed and will be a condition of this decision. nrricinti Motion by Matt Cota, seconded by David Parsons, to approve preliminary and final plat application #SD- 16-32 of Lewis Real Estate, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 6 #SD-16-32 The plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. b. The plat and site plan must include an E911 address for the new building, in conformance with local ordinances and Vermont E911 addressing standards. 4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. 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 five (5) additional vehicle trip ends during the P.M. peak hour. 8. Prior to issuance of the zoning permit, the applicant and owner of the property to the north must record a reciprocal access easement in the Land Records for an eight (8) foot wide pedestrian easement. 9. The applicant must construct, within the eight (8) foot wide pedestrian access easement on the property to the north, a four (4) foot wide gravel path. The applicant must construct a four (4) foot wide gravel path and continue that path with striping on the pavement of the property currently designated as 10 Fayette Road. This path must be fully constructed prior to the issuance of the Certificate of Occupancy. 10. The applicant must post a $12,500 landscaping bond prior to issuance of the zoning permit. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 11. The Board approves the following waiver: a. Front setback of 40 feet. 12. The applicant must obtain a zoning permit within six (6) months to construct the building pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 13. All exterior lighting on the property must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 14. The mylar must be recorded prior to any zoning permit issuance. 7 #SD-16-32 15. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the building. 16. Any change to the final plat will require approval by the South Burlington Development Review Board or Administrative Officer. 17. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format prior to the issuance of the first zoning permit. 18. The final plat plans (Condominium Plat Lakewood Commons and Site Plan) must be recorded in the land records within 180 days or this approval is null and void. The plans must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5— 0 — 0. Signed this 22 day of February 2017, by Bill Miller, Chair 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. See V.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 802.477.2241 to speak with the regional Permit Specialist. N.