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HomeMy WebLinkAboutSP-18-08 - Decision - 1519 Shelburne Road (2)#SP-18-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BLUE DRAGONFLY, LLC & ANTONIO B. POMERLEAU 1519 SHELBURNE ROAD SITE PLAN APPLICATION #SP-18-08 FINDINGS OF FACT AND DECISION Site plan application #SP-18-08 of Blue Dragonfly, LLC to amend a previously approved plan for a 12,345 sq. ft. building consisting of 5,557 sq. ft. of light manufacturing use, 4,061 sq. ft. of wholesale use, and 2,707 sq. ft. of retail use. The amendment consists of 1) converting to 5,575 sq. ft. general office, 1,660 sq. ft. retail, and 4,825 sq. ft. of distribution and related storage with >15% of GFA in office or other principal permitted use by same tenant, and 2) proposed entrance modifications and related site improvements. The applicant is also seeking approval for off -site parking, 1519 Shelburne Road. The Development Review Board held a public hearing on Tuesday, March 6, 2018. The applicant was represented by Chris Galipeau and Brian Waxler. 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 Project consists of subdividing the lots at 1S19 Shelburne Road, 1525 Shelburne Road and 5 Bartlett Bay Road in order to facilitate a change in use at 1519 Shelburne Road and expand the parking at 1525 Shelburne Road for the use of the future tenant at 1519 Shelburne Road. The applicant is also proposing to connect the three properties via a pedestrian walkway. Subdivision triggers site plan review. The site plan is subject to DRB review because the applicant is requesting that off -site parking be allowed. 2. The owner of record of the subject property is Blue Dragonfly, LLC. 3. The application was received on February 2, 2018. 4. The subject property is located in the Commercial 2 Zoning District. 5. The plans submitted consist of a fifteen (15) page set of plans. The first page is entitled "Proposed Lot Line Adjustment," prepared by Civil Engineering Associates, dated February 1, 2018. 6. On 11/21/2011, the Development Review Board removed the planned unit development designation for this lot (#SD-11-38) and subdivided 1519 & 1525 Shelburne Road into their present configurations. A) SUPPLEMENTAL STANDARDS FOR ALL COMMERCIAL DISTRICTS Land Development Regulations Section 5.08 apply to development within the C-2 district. A. Development according to commercial district regulations and multifamily development at the residential density specified for the applicable district shall be subject to site plan review, as set forth in Article 14, the purpose of which shall be to encourage innovation of design and layout, encourage more efficient use of land for commercial development, promote mixed -use development and shared parking opportunities, reduce stormwater runoff and maximize infiltration, provide coordinated access to and from commercial developments via public roadways, and maintain service levels on public roadways with a minimum of publicly financed roadway improvements. This site plan is for the purpose of creating shared parking and interconnectivity between related sites. The Board finds this criterion met. B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. Area requirements and frontage needs may be met by the consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as the minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the normal maximum for the applicable district. This site plan consists of converting to 5,575 sq. ft. general office, 1,660 sq. ft. retail, and 4,825 sq. ft. of distribution and related storage with >15% of GFA in office or other principal permitted use by same tenant. The Board finds this criterion met. C. Parking, Access, and Internal Circulation (1) Parking requirements may be modified, depending in the extent of shared parking, the presence of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one -quarter (%) mile for purposes of commercial zoning districts). Any requirements for shared access and/or parking must be secured by permanent legal agreements acceptable to the City Attorney. (2) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts onto the public roadway. (3) Access improvements and curb cut consolidation may be required. The minimum required parking for the site is 28 spaces. The applicant incorrectly calculated the required parking for this site in their application. The applicant is proposing to increase the number of parking spaces from 28 to 31 as part of this application. They are also proposing to use 25 new spaces on the adjoining lot at 1525 Shelburne Road based on anticipated demand. Since both parcels independently meet the required parking minimums, the Board finds it unnecessary to formalize the use of spaces on 1525 Shelburne Road by the tenant at 1519 Shelburne Road for the purposes of site plan review. D. N/A B) 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. 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 proposed site plan meets the Comprehensive Plan goal of infill and redevelopment of the Shelburne Road corridor south of IDX Drive. SP-18-08 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. The proposed site plan incorporates a pedestrian walkway between the subject lot and the parcel at 5 Bartlett Bay Road, which will be occupied by the same tenant as the subject lot. The Board finds this criterion met. (2) 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 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)— (iii) Not applicable (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). Seven (7) existing parking spaces are located in the front of the existing building, one of which is designated as an accessible space. The proposed site plan results in the presence of 31 spaces, while only 28 spaces are required. In recognition of the limited amount of site improvements, the Board requires the applicant to remove only one of the non -conforming parking spaces. In particular, the applicant must remove the first angled parking space nearest Shelburne Road and replace it with a vegetated area. Removal of this space will also reduce the number of vehicles driving across the line of the Shelburne Road sidewalk. (c) - (d) (not applicable) (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 applicant is not proposing to make any changes to the height or scale of the existing building. The Board finds this criterion met. C. Relationship of Structures 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 SP-18-08 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. The applicant is proposing to make some improvements to the existing building, including addition of an entrance canopy on the south side, adding two windows to the east (front) of the building, enlarging the windows on the north side, and reconfiguring the windows on the south site. The overall character of the building is not proposed to change. The Board finds this criterion met. 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: 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. In addition to the existing connection to 1525 Shelburne Road, the proposed site plan includes a pedestrian path to 5 Bartlett Bay Road, which the applicant has indicated will not be accessible to vehicles. The Board finds this criterion met. ii. Utility Services. 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. No changes are proposed to the existing utilities. The Board finds this criterion met. iii. 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). The Site has two existing dumpster enclosures, one on the north side of the building and one on the west. The Board finds this criterion met. iv. Landscaping and Screening Requirements. (See Article 13, Section 13.06) The property has a very limited amount of existing landscaping. Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all projects subject to site plan review. The applicant estimates total cost of exterior building improvements to be $7,000, which includes construction of a new entrance. The minimum landscaping budget is $210 based on 3% of the exterior improvement cost. Immediately prior to the hearing, the applicant provided a draft landscaping plan showing an additional tree between the building and Shelburne Road as well as an additional tree to screen the HVAC unit. The Board finds the Applicant must update all plans showing landscaping to reflect this change. The Board further finds that all landscape plantings must be approved by the City Arborist prior to zoning permit approval. 4 SP-18-08 F. Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. The proposed site plan does not trigger the standards of Article 12. The Board finds this criterion met. G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. The dimensions of parking and driveways are not proposed to change. The Board finds this criterion met. C) OTHER 1. Traffic Generation Using values from the 10th Edition ITE Trip Generation Manual, the proposed 5,575 sq. ft. general office, 1,660 sq. ft. retail, and 4,825 sq. ft. of distribution and related storage with >15% of GFA in office or other principal permitted use by same tenant would generate 16.0465 vehicle trip ends during the P.M. peak hour. The previously approved site plan, #SP-14-62, generated 21.21 vehicle trip ends, therefore the current approval represents a reduction. The Project is located in Zone 3 of the Traffic Overlay District. The maximum allowable peak hour trip generation limit for this parcel is 44.83 trips. 2. Lighting Section 13.07 of the Land Development Regulations addresses exterior lighting as follows. A. General Requirements. All exterior lighting for all uses in all districts except for one family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. "Source of light" shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. The applicant is proposing to replace three non -compliant light fixtures with downcast fixtures. There are no parking area light fixtures. The Board finds this criterion met. 3. Utility Cabinets/HVAC Units The plans show one existing HVAC unit on the south side of the building. Per Section 13.18(B)(4) of the LDRs any such units would be required to be landscaped with evergreens of sufficient height SP-18-08 and density to be screened from the surrounding property. There is no landscaping around the existing HVAC unit. See further discussion under Site Plan Review Standard (iv) above. 4. Bicycle Parking The proposed the proposed 5,575 sq. ft. general office, 1,660 sq. ft. retail, and 4,825 sq. ft. of distribution and related storage with >15% of GFA in office or other principal permitted use by same tenant building requires four (4) short term bicycle parking spaces according to the provisions of Section 13.14. The applicant has provided six (6) short term spaces which meet the short-term bicycle parking requirements. No long term spaces are required, though the Board recommends the applicant consider adding long-term spaces for the benefit of the tenants. The Board finds this criterion met. DECISION Motion by Matt Cota, seconded by John Wilking, to approve site plan application #SP-18-08 of Blue Dragonfly, LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. The site plans must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies must be submitted to the Administrative Officer prior to zoning permit approval. a. All plans showing the proposed site layout must be updated to show the removal of the first angled parking space nearest Shelburne Road and replace it with a vegetated area. b. All plans showing landscaping must be updated to show the minimum landscaping for 1519 Shelburne Road. c. Update lot coverage calculations to reflect changes made in response to item (a) above. 4. 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. 5. Prior to issuance of the zoning permit, the applicant shall post a landscaping bond with a value of $210. 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. 6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 7. Any change to the site 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 Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0. Signed this 21 day of March, 2018, by 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://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 802.477.2241 to speak with the regional Permit Specialist. 7