HomeMy WebLinkAboutSP-14-25 - Decision - 1485 Shelburne Road#SP-14-25
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DBS, LLP — 1485 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-14-25
FINDINGS OF FACT AND DECISION
Site plan application #SP-14-25 of Douglas Hoar to amend a previously approved plan for a
36,085 sq. ft. auto sales, service and repair facility. The amendment consists of expanding the
size of the vehicle display and storage area by 11,250 sq. ft., 1485 Shelburne Road.
The Board held a public hearing on July 15, 2014 and October 7, 2014. The applicant was
represented by Brian Hoar.
Based on the plans and materials contained in the document file for this application, the Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking site plan approval to amend a previously approved plan for a 36,085
sq. ft. auto sales, service and repair facility. The amendment consists of expanding the size of
the vehicle display and storage area by 11,250 sq. ft., 1485 Shelburne Road.
2. The owner of record of the subject property is DBS LLP.
3. The subject property is located in the Commercial 2 District and the Stormwater Management
Overlay District.
4. The application was received on May 27, 2014.
5. The plan submitted consists of two (2) pages, page one is entitled, "Plat of Survey showing
proposed parking lot expansion Goss Dodge Shelburne Road So. Burlington, Vermont" prepared
by Warren A. Robenstien, Reg. VT & NH L.S. and dated July 31, 2014.
DIMENSIONAL REQUIREMENTS
Not applicable.
ARTICLE 13 SUPPLEMENTAL REGULATIONS
13.05 Outdoor Storage and Display
A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily
use, and equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and
shall be allowed only in nonresidential districts and upon approval of the DRB in
conjunction with a site plan, conditional use and/or PUD application.
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This criterion is met.
(2) The Development Review Board may require that outdoor storage areas in
connection with commercial or industrial uses be enclosed and/or screened where the
storage area may comprise an attractive nuisance, where the proposed use of the storage
areas present opportunities for theft, or where the Board finds that said storage areas are
in view of residentially -zoned parcels.
The Board finds that no new enclosures or screening should be required. The proposed new
area is towards the back of the property and the area is screened from view by mature trees
and undergrowth along its western and southern parcel boundaries.
B. Outdoor Display. Outdoor display of goods, materials, vehicles for other than daily
use, and equipment shall be subject to the following provisions:
(1) Any outdoor display shall be appurtenant to the primary use of the property and
shall be allowed only in nonresidential districts and upon approval of the DRB in
conjunction with a site plan, conditional use and/or PUD application that clearly indicates
the location of any outdoor display areas.
The Board finds that the applicant's revised plan submitted on September 19, 2014
identifies which areas are considered customer or employee parking areas and which
would be Outdoor Storage and Display areas.
(2) Outdoor display of equipment is prohibited where such equipment is fitted with
arms, lifts, buckets, or other parts that can be elevated and where such parts are displayed
in an elevated manner. This does not include boats with masts, bridges, or canopies.
Not applicable.
SITE PLAN REVIEW STANDARDS
Standards regarding Vehicular access, Circulation, Parking, Landscaping, Outdoor Lighting and
Traffic are not applicable to this project.
(a) The relationship of the proposed development to goals and objects set forth in the City of
South Burlington Comprehensive Plan.
The Comprehensive Plan states that the City should encourage development while protecting
natural resources and promoting a healthy and safe environment. The proposed project is in
keeping with the recommended actions of the Comprehensive Plan.
(b) 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.
The proposed Outdoor Storage and Display area will abut other display areas on the properties.
This criterion will continue to be met.
(c) Parking shall be located to the rear or sides of buildings.
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(d) 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.
(e) Newly installed utility service modifications necessitated by exterior alterations or building
expansions shall, to the extent feasible, be underground.
(f) The combination of common materials and architectural characteristics, landscaping,
buffers, screens, and visual interruptions to create attractive transitions between buildings or
different architectural styles shall be encouraged.
(g) 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.
Criteria (c) through (g) are not applicable.
In addition to the above general review standards, site plan applications shall meet the following
specific standards 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 or
collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
The reservation of land is not necessary.
(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.
Not applicable.
(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).
No additional dumpsters are proposed. All existing dumpsters which are not screened shall be
brought into compliance with this requirement.
12.03 Stormwater Management Overlay District (SMO)
This property is located within the Stormwater Management Overlay District and as such must
comply with relevant standards. Although the property remains well under the theoretically
permissible coverage limit of 70%, constructing a new parking lot and disturbing a new land area
11,250 sq. ft. in size may trigger new or additional stormwater management requirements.
The Public Works Dept. submitted the following comments in an email to staff on September 11,
2014:
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I reviewed the site plan titled "Goss Dodge Chrysler" dated 8125114 consisting of one sheet titled
"Storm water Plan Post -Development". I'd like to offer the following comments:
* In order to evaluate the project's compliance with requirements found in section 12.03.C(1)
of the City's Land Development Regulations the applicant must submit hydrologic modeling
information for the 1 year, 24 hour storm event.
* Consider expanding the size of the proposed grass channel/ dry detention pond so that it
captures and treats a larger portion of the impervious area found on site. While the proposed
infrastructure will treat the new 0.31 acres of impervious area, the remaining 5.05 impervious
acres on the site currently receive no treatment or detention before leaving the site.
* The applicant has indicated that a State stormwater discharge permit and a state
construction permit is required for the project. This should be included in the findings of fact.
* I recommend that the DRB include a condition requiring that the stormwater treatment
and conveyance structures be maintained.
* The stormwater improvements shown on the sheet submitted and reviewed should also be
included on the site plan that was previously submitted.
Thank you for the opportunity to comment.
-Tom
Thomas J. DiPietro Jr.
Deputy Director
Department of Public Works
City of South Burlington
The applicant's engineer submitted a reply later on September 30, 2014 to Mr. DiPietro's
comments:
Thanks for reviewing the plans so quickly. Please find the following responses to your comments
below:
1. Please find the attached HydroCAD computations for the project which show the routed
post -development discharge rate (0.02 cfs) is less than the pre -development discharge rate (0.76
cfs) in the 1-year, 24 hour storm event to meet the requirements of Section 12.03.C(1),
2. Per the location of the proposed storm water system, portions of the existing impervious
coverage on -site will flow to the system and receive treatment. During the design, we worked
with Helen Carr (State Stormwater Program) to make sure the system be designed to meet the
requirements of the State Stormwater Manual (Vol. I & II);
3. Agreed. We will provide copies of the Stormwater Discharge and Construction General
permits upon receipt,
4. Agreed. As part of the State Stormwater Discharge Permit, the system will require annual
inspections and maintenance if needed (cleaning low flow orifice, etc.),
5. We have provided our design to the applicants to have Warren Robenstein update his Site
Plan accordingly, including the stormwater system area limits, with a note referencing our plan
for additional information;
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Thanks,
Peter F. Heil, PE, CPESC / O'Leary -Burke Civil Associates, PLC
The Board finds that the applicant shall comply with Mr. DiPietro's recommendations with the
exception of his recommendation to" Consider expanding the size of the proposed grass channel
/ dry detention pond so that it captures and treats a larger portion of the impervious area found
on site."
OTHER
Snow storage areas are shown on the plan.
A bike rack is shown near the Showroom. Staff notes that showroom is misspelled as
"sh rowroom."
No new exterior parking lot lights are shown, so it is presumed that no new light poles/fixtures
are proposed, but that all existing lights are to remain. The Board finds that all noncomplying
light fixtures shall be downcasting and shielded.
Staff notes that the Vermont Legislature recently amended Sec. 29. 24 V.S.A. § 4416 to read:
§ 4416. SITE PLAN REVIEW
(b) Whenever a proposed site plan involves access to a State highway, the application for site
plan approval shall include a letter of intent from the Agency of Transportation confirming that
the Agency has reviewed the proposed site plan and is prepared to issue an access permit under
19 V.S.A. § 1111, and setting out any conditions that the Agency proposes to attach to the
section 1111 permit.
The applicant forwarded an email from Jim Clancy, Project Supervisor for the Vermont Agency of
Transportation dated October 7, 2014 to staff on that same day. The email stated in part that
the Agency would not require a permit or LOI as the property's accesses have previously been
permitted and no new work within the highway right-of-way is being proposed.
DECISION
Motion by Bill Miller, seconded by David Parsons, to approve site plan application #SP-14-25 of
DBS, LLP subject to the following conditions:
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 and on file
in the South Burlington Department of Planning and Zoning.
3. The plans 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 permit issuance.
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a. The site plan shall be revised to show all dumpsters screened on all four (4) sides.
b. The site plan shall be revised to correctly spell the word "showroom".
4. All exterior lighting shall consist of downcasting, shielded fixtures. Prior to the issuance of a
zoning permit, the applicant shall provide the Administrative Officer cut -sheets of any new
exterior light fixtures.
5. 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.
6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
use of the stormwater treatment facilities.
7. The applicant shall maintain the stormwater treatment and conveyance structures.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr—
vea
nay
abstain
not present
Bill Miller—
vea
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
W
Signed this 22 day of v C� B" 2014, by
Tim Barritt, 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://vermontiudiciary.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.