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Home My WebLink AboutCU-17-06 SP-17-41 - Decision - 1475 Shelburne Road#SP-17-41 & #CU-17-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SHEARER AUTOMOTIVE-1475 SHELBURNE ROAD CONDITIONAL USE APPLICATION #CU-17-06 & SITE PLAN APPLICATION #SP-17-41 FINDINGS OF FACT AND DECISION Conditional use application #CU-17-06 & site plan review application #SP-17-41 of Shearer Automotive to amend a previously approved plan to amend a previously approved plan for a 12,503 sq. ft. building used for personal instruction use. The amendment consists of using the parking area for commercial parking with the building having no approved use, 1475 Shelburne Road. The Development Review Board held a public hearing on July 18, 2017. The applicant was represented by Stephanie Hainley. 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, Shearer Automotive, seeks to amend a previously approved plan to amend a previously approved plan for a 12,503 sq. ft. building used for personal instruction use. The amendment consists of using the parking area for commercial parking with the building having no approved use, 1475 Shelburne Road. 2. The owner of record of the subject property is Two O'Brien Properties. 3. The applications were received on May 26, 2017. 4. The property lies within the Commercial 2 Zoning District. 5. The plan submitted consists of one (1) page titled "O'BRIEN TRAINING CENTER —SITE PLAN," dated May 26, 2017. CONDITIONAL USE STANDARDS A commercial parking facility is allowed in the Commercial 2 Zoning District only as a conditional use and hence this application must be reviewed under the conditional use standards. Pursuant to Section 14.10(E) of the LDRs, the proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. #SP-17-41 & #CU-17-06 (3) Traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. (5) Utilization of renewable energy resources. The site is located within the Traffic Overlay District, Zone 3. The property is 38,920 square feet. The maximum peak hour trip ends for this property is 44 (45 maximum peak hour trip ends per 40,000 square feet of land area * 38,920 square feet/40,000 square feet=43.8, rounded up). The applicant estimates that this use will lead to 3-5 vehicle trip ends per day, which will occur outside of peak hours. The Board finds that the proposed use of the parking lot for commercial parking will not result in an undue adverse effect on any of the above criteria. SITE PLAN REVIEW STANDARDS Section 14 of the Land Development Regulations establish the following general review standards for 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 Board finds the project is in compliance with the Comprehensive Plan. 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. 2) Parking 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 structure on site is not proposed for any use, and no new structures are proposed. These criteria are not applicable. C. Relationship of Structure 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. No structures are being proposed. These criteria are not applicable. 2 #SP-17-41 & #CU-17-06 Specific Review Standards A. Access to abutting properties. 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 Board finds that no reservation of land is necessary. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. No new utilities are proposed. This criterion is not applicable. C. 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). Small receptacles intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required to be fenced or screened. No new dumpsters, recycling, or composting areas are proposed. This criterion is not applicable. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. No new landscaping is proposed or required. This criterion is not applicable. DECISION Moved by Matt Cota, seconded by John Wilking, to approve conditional use application #CU-17-06 and site plan application #SP-17-41 of Shearer Automotive, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 3. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 4. Any use of the building will require site plan approval. 5. The applicant must 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. 3 #SP-17-41 & #CU-17-06 6. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. 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 7— 0 — 0. Signed this 19 day of July 2017, by 9 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. 4