HomeMy WebLinkAboutSD-11-35 - Decision - 1301 1325 Shelburne Road#SD-11-35
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BADGE MOTOR CO
1301-1325 SHELBURNE ROAD & 3 HOLMES ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-11-35
FINDINGS OF FACT AND DECISION
Badge Motor Co, hereinafter referred to as the applicant, is seeking preliminary and final plat
approval to amend a previously approved planned unit development consisting of a 36,883 sq. ft.
auto sales and service complex and a fire station. The amendment consists of constructing an 858
sq. ft. auto sales addition and a 1074 sq. ft. porte-cochere, 1301-1325 Shelburne Road & 3
Holmes Road.
The Development Review Board held a public hearing on November 1, 2011. Eric Knudsen
represented the applicant.
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. Badge Motor Co is seeking preliminary and final plat approval to amend a previously
approved planned unit development consisting of a 36,883 sq. ft. auto sales and service
complex and a fire station. The amendment consists of constructing an 858 sq. ft. auto
sales addition and a 1074 sq. ft. porte-cochere, 1301-1325 Shelburne Road & 3 Holmes
Road.
2. The owner of record of the subject property is Lewis Family Limited Partnership, LLP.
3. The application was received on September 19, 2011.
4. The project was reviewed at the sketch plan review on September 6, 2011.
5. The subject property is located in the Commercial 1- Automobile Zoning Districts.
6. The plans submitted consist of an eight page set of plans, page one (1) entitled "Audi
South Burlington 1301-1325 Shelburne Road South Burlington, VT", prepared by
Trudell Consulting Engineers, dated June 15, 2011, and last revised on October 5, 2011.
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Zoning District & Dimensional Requirements
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
C1 Auto Zoning District
Required
Proposed
Min. Lot Size
40,000 SF
5.46 acres
Max. Building Coverage
40%
See note below
Max. Overall Coverage
70%
See note below
4 Min. Front Setback (Shelburne Road
50 ft.
Approx 20 ft.
_
Min. Front Setback Holmes Road
30 ft
Approx 20 ft.
Min. Side Setback
10 ft.
>10 ft.
Front yard coverage Shelburne Rd
30%
55.7%
126.4%
Front yard coverage Holmes Road
30%
Zoning Compliance
Pre-existing non-compliance; the front yard coverage for Shelburne Road is being reduced
slightly with this application
rl► The applicant is seeking a front yard setback waiver for the proposed addition which will be
within the designated 50 foot front yard setback of Shelburne Road.
There are no changes to the proposed height of the building.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13 of the South Burlington Land Development Regulations, the existing
public water system shall be extended so as to provide the necessary quantity of water, at acceptable
pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider
or developer shall connect to the public sewer system or provide a community wastewater system
approved by the City and the State in any subdivision where off -lot wastewater is proposed.
There are no changes to the water or sewer provisions. No additional allocation is needed.
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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.
The proposed project shall 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 shall meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
The property is located within the Stormwater Management Overlay District and may be subject to
low impact development standards. The applicant has worked with the City Stormwater
Superintendent (memo attached from Tom Dipietro, dated October 19, 2011). It appears that the
proposal will not create any additional impervious surface area and is below the threshold for
review under these standards. Therefore, no additional stormwater management techniques or plan
changes are necessary.
The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
Access to the subject buildings exist from one curb -cut from Shelburne Road and one from Holmes
Road which also serves as a very important secondary access to an abutting property on Shelburne
Road.
There are no additional impacts expected related to turning movements on either road. The applicant
shall pay any additional traffic impact fees for the small expansion.
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 plan does not depict any wetlands, natural areas, or unique natural features on site.
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 Board finds that the proposed use and design of the project meets this criterion. The proposed
use is directly related to continued support of automobile sales in a commercial area.
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 or stream buffer areas on the site or immediately adjacent. The subject parcel
is located along a transit corridor in a densely developed commercial area. Natural open spaces are
minimal as expected.
It has already been stated that the Stormwater Superintendent has reviewed the plans for stormwater
management controls.
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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 Fire Chief has reviewed the plans and has requested no changes.
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.
There are no changes to roads or recreation paths necessary as a result of this application. The new
walkway will connect with an existing sidewalk.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
There are no changes to roads or recreation paths proposed as a result of this application. Any
additional utility lines necessary shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
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:
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.
Access on the site, as well as transition within is adequate.
Chapter 14.06 of the South Burlington Land Development Regulations states the following:
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.
(b) The Development Review Board may approve parking between a public
street and one or more buildings if the Board.finds that one or more of the
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following criteria are met. The Board shall approve only the minimum
necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of
the Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be
located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be
re -used and parking needs cannot be accommodated to the rear
and sides of the existing building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total
width of all parking areas located to the side of building(s) at the building
line shall not exceed one half of the width of all building(s) located at the
building line. Parking approved pursuant to 14.06(B)(2)(b) shall be
exempt from this subsection.
(d) For through lots, parking shall be located to the side of the buildings) or
to the front of the building adjacent to the public street with the lowest
average daily volume of traffic. Where a lot abuts an Interstate or its
interchanges, parking shall be located to the side of the building(s) or to
the front adjacent to the Interstate. Parking areas adjacent to the
Interstate shall be screened with sufficient landscaping to screen the
parking from view of the Interstate.
The majority of the site is pre-existing. Therefore, subsection (b) (iv) applies. The proposed
expansion is minor in size relative to the entirety of the property and does not meet a threshold to
warrant the movement of what parking already exists. Furthermore, the parking spots closest to the
road are reserved for vehicle display and not parking, as is common for automobile dealership use.
The Board does not propose any changes to the parking layout on site.
The applicant has been parking vehicles for sale within the driveway on Shelburne Road. This is
expressly prohibited.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees,
residents, and visitors to the site. A bicycle rack is shown on the plans.
The 37,741 square feet of automobile sales and service use requires 76 parking spaces. 89 spaces
are provided for customers and employees. This is sufficient to meet the requirement.
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.
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There are no changes proposed to the height of the existing building. The addition is within the 35'
height maximum for the zoning district.
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.
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 applicant has submitted architectural elevations. The Board reviewed these in relation to this
criterion at the sketch plan review. There were no issues at that time and there are no changes to the
proposed elevations since the sketch plan review.
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.
Again, the applicant has submitted architectural elevations.
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:
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 Board does not find the reservation of any additional land is warranted as part of this
application. As previously noted, there is an access easement and private roadway to an abutting
property to the north.
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.
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).
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The plans shall show dumpsters or other waste facilities, adequately screened.
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. Section 13.06(B) of the Land
Development Regulations requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers.
Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be
shown on the plans. Snow removal areas are shown on the plans.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
Based on construction costs of $300,000, the minimum landscaping budget shall be $8,500. The
applicant is proposing $9,107 in new landscaping.
The applicant has submitted landscaping plans and details. The City Arborist has reviewed the plans
and provided comments in a memo dated October 31, 2011. The arborist lightly recommends
reconsideration of some of the species.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
The applicant has submitted lighting cut -sheets. All lighting is downcast and shielded. Flood
lighting is expressly prohibited.
DECISION
Motion by Bill Stuono, seconded by Roger Farley, to approve Final Plat Application #SD-1 1-35
of Badge Motor Co, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
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2. This project shall be completed as shown on the plat submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The Board grants the applicant's request for a front yard setback waiver of 30 feet with
deference to the recent widening of the adjacent road, and in order to provide a closer, more
pedestrian -scaled relationship with the road. The applicant is providing a new walkway from the
building to the sidewalk to enhance compliance with this goal.
4. The proposed project shall 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 shall meet
the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
6. Parking of vehicles for sale within the driveway (access from Shelburne Road) is expressly
prohibited.
7. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the expansion will generate 2.22
additional vehicle trip ends during the P.M. peak hour.
8. The plat shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to
the Administrative Officer prior to recording.
a. The plans shall be revised to note the correct size of the proposed addition.
9. 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.
10. Prior to permit issuance, the applicant shall post an $8,500 landscaping bond. This bond shall
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 applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior
to the use and/or occupancy of the addition and porte-cochere.
12. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
13. The final plat plan (sheet SP1) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of
the South Burlington GIS Coordinator.
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14. Prior to the issuance of a Certificate of Occupancy, the applicant shall record the deeds to
complete the property transfer between the City and the property owner as shown on the
boundary plat, after review and approval by the City attorney.
Tim Barritt yea/nay/abstain/not present
Mark Behr —.ea/nay/abstain/not present
Matthew Birmingham —yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Joe Randazzo— 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 6 - 0 - 0
Signed this 2nd day of November 2011, by
Digitally signed by Mark C. Behr
Mark C. Behr c cn=Mark C. Behr, t Richard Henry Behr
Ar
Architect P.C., ou,email=mark@rhbpc.com,
c=US
Date: 2011 A 1.02 10:21:54-04'00'
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. 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://vermontiudiciary.org/GI'C/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.
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