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HomeMy WebLinkAboutSP-05-07 - Decision - 1335 Shelburne RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING E. DAVID CRANE - 1335 SHELBURNE ROAD SITE PLAN APPLICATION #SP-05-07 FINDINGS OF FACT AND DECISION E. David Crane, hereafter referred to as the applicant, is seeking approval to amend a previously approved site plan for a 6,600 square -foot building approved for a multiple number of uses under an umbrella approval. The amendment is to: 1) add auto rental use to the list of approved uses, and 2) convert 1,400 square feet of the building to auto rental use, 1335 Shelburne Road. The Development Review Board held a public meeting on March 10, 2005. The applicant was represented by William Susino. 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 approval to amend a previously approved site plan for a 6,600 square -foot building approved for a multiple number of uses under an umbrella approval. The amendment is to: 1) add auto rental use to the list of approved uses, and 2) convert 1,400 square feet of the building to auto rental use, 1335 Shelburne Road. 2) The subject property is located in the Commercial 2 (C2) Zoning District and Traffic Overlay District — Zone 3, 3) The record owner of the subject property is Crane Living Trust. 4) The plan submitted is entitled, "Parking and Utilities Plan — 1335 Shelburne Rd.", prepared by Freeman French Freeman, Inc., dated 10/26/04, last revised on 12/10/04. - 1 - Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements L C2 Zoning District L Required Proposed 4 Min. Lot Size 40,000 SF 38,952 Max. Building Coverage 40% 16.8% Max. Overall Coverage 70% 62.8% ♦ Max. Front Yard Coverage 30% 32% Min. Front Setback 30' 737' Min. Side Setback 10, 33'6" Min. Rear Setback 30' 81' zoning compliance ♦ not in compliance with Table C-2 of the Land Development Regulations + Preexisting noncompliance Required Findings for Umbrella Approval To make positive findings for an umbrella permit pursuant to Section 3.09 of the South Burlington Land Development Regulations, the Development Review Board must determine that: 1. Such uses are compatible in normal manner of operation, including types of traffic generated; hours of use; lack of excessive noise, dust, odor, or other objectionable element; and any other relevant aspect of operation. 2. Such uses can suitably share common facilities, such as parking and outside storage areas, within the requirements of these regulations for any lot. The DRB must then establish the following limits for the site: 1. P.M. peak hour trip ends 2. Number of required parking spaces 3. Gross floor area dedicated to any one use 4. Number of restaurant or retail food establishment seats Request for Umbrella Approval The applicant is seeking umbrella approval pursuant to Section 3.09 of the South Burlington Land Development Regulations for multiple uses. The applicant has approval for the following uses: 1. short-order restaurant 2. indoor recreation facility 3. equipment service, repair, and rental 4. retail and retail services, excluding general merchandise stores -2- 5. retail warehouse outlet 6. wholesale establishment 7. artist production studio 8. commercial kennel, veterinary hospital, and dog day care 9. research facility or laboratory 10. light manufacturing and assembly from previously prepared materials 11. printing and binding production facilities 12. photocopy and print shop with accessory retail The applicant is seeking approval for the following use: 1. auto rental General: The site is located in the C2 District and is surrounded by buildings serving a variety of uses. All of the proposed uses are compatible with each other. Parking and Trip Generation: The tables below show the P.M. peak hour trips generated per 1,000 square feet of floor area and the City's required parking for each proposed use if the entire GFA of the building is dedicated to a single use: Table 1. Permitted Uses (proposed and current) P.M. Peak Trips/1,000 GFA Maximum for Site short-order restaurant (LU: 933) 13 85.24 indoor recreation facility LU: 492 4.05 26.55 equipment service, repair, and rental (LU: 943 4.46 29.24 retail and retail services, excluding general merchandise stores (LU: 814) 2.71 17.77 retail warehouse outlet (LU: 152) 0.12 0.79 wholesale establishment (LU: 860) 0.21 1.38 artist production studio LU: 879 6.21 40.72 commercial kennel, veterinary hospital, and dog day care LU: 720 3.72 24.39 research facility or laboratory (LU: 760) 1.08 7.08 light manufacturing and assembly from previously prepared materials (LU: 140) 0.74 4.85 printing and binding production facilities (LU: 140) 0.74 4.85 photocopy and print shop with accessory retail (LU: 814) 2.71 17.77 auto rental LU: 841 2.64 _ 17.42 -3- Table 2. Permitted Uses (proposed and current) Parking Requirement (per 1,000 sq. ft.) Maximum for Site short-order restaurant 12 79 indoor recreation facility 0.33/person @ maximum capacity equipment service, repair, and rental 2 14 retail and retail services, excluding general merchandise stores 5 33 retail warehouse outlet 5 33 wholesale establishment 0.5, plus req. for office or sales area artist production studio 2 14 commercial kennel, veterinary hospital, and dog day care 0.5, plus 1/employee _ research facility or laboratory _ 3 20 light manufacturing and assembly from previously prepared materials 0.5, plus 1/employee _ printing and binding production facilities 2 14 photocopy and print shop with accessory retail 2, plus 5/1,000 sq. ft. of retail auto rental 2, plus spaces required as part of operational function 14, plus 1 space for each rental car Due to the variables presented by the subject uses, maximum parking calculations cannot be determined at this time. Thus, each of the subject uses will be subject to the approval of the Administrative Officer, based on the parking requirement standards outlined in Section 13.01 of the Land Development Regulations, prior to issuance of a zoning permit. Trip Generation The maximum trip generating use included in this umbrella approval is the short-order restaurant. If this use occupied the entire building, the maximum P.M. peak hour trip generation would be 85.24 trip ends. The property falls within the Traffic Overlay District — Zone 3, which allows a property to generate 45 P.M. peak hour vehicle trip ends per 40,000 square feet of land. The subject property contains 38,952 square feet, so it can generate a maximum of 43.8 vehicle trip ends. Thus, the following use cannot fully occupy the subject building: short-order restaurant. The subject property is currently approved for 24.7 vehicle trips, so the applicant will have to pay the appropriate traffic impact fees for any traffic over 24.7 vehicle trip ends that the property generates. Parking The maximum number of parking spaces required for the most intensive use proposed for the building would be 79. The site currently provides 37 parking spaces. Thus, the following use cannot fully occupy the subject building: short-order restaurant. The following uses may not be able to fully occupy the subject building, depending on the variables outlined in Section 13.01 of the Land Development Regulations: indoor recreation facility; wholesale establishment; and commercial kennel, veterinary hospital, and dog day care; light manufacturing and assembly from previously prepared materials; and photocopy and print shop with accessory retail. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. There will be no exterior modifications to the subject building (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking spaces on the property will generally be concentrated to the side and rear of the subject building. However, there will be five (5) parking spaces in the front of the building. The plans depict a bicycle rack (c) 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 height of the building will not change through this application. (d) 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. (e) 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 exterior of the building is not changing, so no additional buffers or visual interruptions are necessary. -5- (#) 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 existing building is consistent with the terrain and the surrounding buildings in the area. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington 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 subject property already has a shared access with the property to the south, in addition to having access to the roadway 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall 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). The plans show an adequately screened dumpster enclosure on the northwesterly corner of the property. (d) Landscaping and Screening Requirements The proposed project will not require any additional landscaping. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations; all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant is not proposing any changes. Access/Circulation Access to the subject property is currently provided by a shared 36' wide curb -cut on Shelburne Road and a 24' wide curb -cut on Holmes Road. No changes are proposed. Circulation on the site is adequate. M Traffic Initial traffic impact fees were paid for the property at the time the lot was developed. The current traffic budget for the property is 24.7 vehicle trip ends. The South Burlington Development Review Board approves the following uses for the Umbrella Approval of #SP-05-07: Uses that can fully occupy the subject building: 1. retail and retail services, excluding general merchandise stores 2. retail warehouse outlet 3. research facility or laboratory 4. printing and binding production facilities 5. equipment service, repair, and rental 6. artist production studio --1:.7. auto rental �u0U',i- Uses that can partially occupy the subject building, the extent of which shall be determined by the Administrative Officer prior to issuance of a zoning permit: 1. short-order restaurant 2. indoor recreation facility 3. wholesale establishment 4. commercial kennel, veterinary hospital, and dog day care 5. light manufacturing and assembly from previously prepared materials 6. photocopy and print shop with accessory retail �/ LOW-4A DECISION Motion by ItAKK , seconded by to approve Site Plan #SP-05-07 of E. David Crane, subject to the following conditio s: 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 plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. The short-order restaurant use will be subject to the approval of the Administrative Officer, based on the estimated P.M. peak hour trip ends in Table 1 of this document, prior to issuance of a zoning permit. 4. The applicant shall pay appropriate traffic impact fees for any traffic over 24.7 vehicle trip ends that the property generates, prior to issuance of a zoning permit. -7- 5. Each of the subject uses will be subject to the approval of the Administrative Officer, based on the parking requirement standards outlined in Section 13.01 of the Land Development Regulations, prior to issuance of a zoning permit. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7. If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit. 8. 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. 9. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the change of use. 10. Any change to the site plan shall require approval by the South Burlington Development Review Board. ay/abstain/not present Chuck Bolton —I'la Mark Boucher —ay/abstain/not present John Dinklage nay/abstain/not present Roger Farley — /abstain/not present Larry Kupfermannay/abstain/not present Gayle Quimby — present Motion carried by a vote of � - O - Signed this day of March 2005, by John Dinklage, air 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 $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).