Loading...
HomeMy WebLinkAboutSD-11-35 - Decision - 0003 Holmes 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 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. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc #SD-11-35 Zoning District & Dimensional Requirements ZONING DISTRICT & DIMENSIONAL REQUIREMENTS C1 Auto Zonn District Required Proposed 4 Min. Lot Size 40,000 SF 5.46 acres 4 Max. Building Coverage 40% See note below 4 Max. Overall Coverage 70% See note below 4 Min. Front Setback (Shelburne Road) 50 ft. Approx 20 ft. Y_ 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% Front yard coverage (Holmes Road) 30% 26.4% Zoning Compliance Pre-existing non-compliance; the front yard coverage for Shelburne Road is being reduced slightly with this application 4 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. 2 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc #SD-11-35 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 districts) 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. C1Documents and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc #SD-11-35 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 U CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRBN 1.1.11 Meeting Decisions%SD_11 35_1301ShelburneRoad BadgeMotorCo_ffd.doc I #SD-11-35 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 building(s) 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. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc I #SD-11-35 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). 31 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc #SD-11-35 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 4SD-11-35 of Badge Motor Co, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 7 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc #SD-11-35 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. 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 fronn 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. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc #SD-11-35 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 — vea/nay/abstain/not present Matthew Birmingham — vea/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 DM rn=Mark C Behr, t Richard Henry Behr Architect P.C., ou,email=mark@rhbpccom, c=US Date: 2011,11.02 1021:54-04'00' 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://vermont*udiciary.org/G'I'C/environmental/defaulLaspx 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. 0 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\11.1.11 Meeting Decisions\SD_11_35_1301 ShelburneRoad_BadgeMotorCo_ffd.doc