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HomeMy WebLinkAboutSD-04-41 - Decision - 1525 Shelburne RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING TAMARACK SERVICES OF VERMONT - PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-04-41 FINDINGS of FACT AND DECISION Tamarack Services of Vermont dba Thrifty Car Rental, hereafter referred to as the applicant, is requesting final plat approval to amend a planned unit development consisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of changing the use of 900 sq ft of general office use to auto rental use, 1525 Shelburne Road. The South Burlington Development Review Board held a public hearing on July 6, 2004. Chip Spillane 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: 1. The applicant is requesting final plat approval to amend a planned unit development consisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of changing the use of 900 sq ft of general office use to auto rental use, 1525 Shelburne Road. 2. The owner of record of the property is Pomerleau Companies. 3. The subject property contains 6.73 acres and is located in the Commercial 2 District and the Traffic Overlay 3 District. 4. The plans consist of one (1) sheet entitled, "Overall P.U.D. Plan", prepared by Civil Engineering Associates, Inc., dated June, 2004. - 1 - ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Reauirements C2 Zoning District Re uired Proposed Min. Lot Size 40,000 SF 6.8 acres Max. Building Coverage 40% 18.5% Max. Overall Coverage 70% 60% Max. Front Yard Coverage 30% 31.9W 51.9% Min. Front Setback 30 ft. 33 ft. Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. n/a. Max. Building Height 40 ft. �I zoning compliance ♦ not in compliance with Land Development Regulations Setbacks The rear yard setback is not applicable to the subject PUD because it has two front yards. Front Yard Coverage The front yard coverage along Bartlett Bay Road is 31.9% and along Shelburne Road is 51.9% (maximum allowed is 30%). The front yard coverages will not change through this proposal. TRAFFIC OVERLAY DISTRICT The proposed project is located within the Traffic Overlay District, Zone 3. Pursuant to Table 10-1 of the Land Development Regulations, the maximum peak hour trip ends per 40,000 square feet of land for Zone 3 is 45. Thus, the maximum peak hour trip ends for the 296,208 square foot property is 333 vehicle trip ends (vtes). Converting the 900 square foot space from general office use (Land Use Code 710) into automobile rental use (Land Use Code 841) will increase the traffic generated by the space from 1.34 vtes to 2.38 vtes. Thus, the proposed project will increase the estimated traffic generated by the subject PUD by 1.04 vtes. PLANNED UNIT DEVELOPMENT STANDARDS -2- Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. The proposed project will not alter the subject property's water demands. 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 project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed project will not alter access or circulation on the subject PUD, nor will it require any additional traffic mitigation strategies to be implemented. 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. There are no wetlands, streams, wildlife habitat, or unique natural features on the subject property. 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. There are no changed proposed to the exteriors of any of the buildings in the subject PUD. 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. Open space requirements are not applicable to the proposed project. 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 proposed project will not create any changes to the subject PUD that will require the Fire Chief's review. 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. -3- The proposed project will not affect the extension of utilities and infrastructure to adjacent properties. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The proposed project will not affect the roads or sidewalks on the site. The Jiffy Lube building is currently using floodlights, which are prohibited in the City. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is in conformance with the Comprehensive Plan. Automobile rental is a permitted use within the C2 Zoning District. SITE PLAN REVIEW STANDARDS 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 project will not alter the exterior of any of the existing buildings on the subject PUD, so it will not have a significant affect on the relationship between structure and the site, the relationship between structure and structure, planting areas, or pedestrian movement. Pursuant to Table 13-1 of the Land Development Regulations, the proposed change of use will bring the building's parking requirement to 21 parking spaces (this total accounts for a fleet of five (5) rental cars). The Development Review Board has the authority to grant up to a 25% parking waiver, which would reduce the parking requirement to 16 parking spaces. The plans currently depict 13 parking spaces, which is not adequate to serve the proposed change of use. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking spaces on the subject properties currently exist and will not be altered through this project. 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. The proposed project will not result in any changes to the exterior of any of the buildings in the subject PUD. M 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 ®RB 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 proposed project will not result in any changes to the exterior of any of the buildings in the subject PUD. 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 proposed project will not result in any changes to the exterior of any of the buildings in the subject PUD. 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. No additional access points or easements to abutting properties are necessary at this time. 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). The plans depict two (2) adequately screened dumpsters on the PUD. One (1) is adjacent to the Magic Hat building and one (1) is adjacent to the Audio/Video Authority. The dumpster adjacent to the Audio/Video Authority is not clearly labeled on the plans. In addition, there are no dumpsters depicted in the vicinity of the Jiffy Lube building, where the subject change of use is proposed. The applicant and property owner are not required to provide a dumpster in the vicinity of the Jiffy Lube building. However, if one exists or is proposed it must be depicted and labeled on the plans. -5- Landscaping Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. The proposed project will not require any additional landscaping. Pursuant to Section 13.06(B)(4) of the Land Development Regulations. snow storage areas must be shown on the plans. The plans do not show adequate snow storage areas. Other The City Engineer reviewed the plans and provided comments in a letter dated June 10, 2004. p DECISION Q Motion by �, `i, t� �� q'-F-k seconded by `A l to Final Plat Application #SD-04-41 of Tamarack Services of VT dba Thrifty Car Rental, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. The plat plan shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) The plan shall be revised to comply with the requests of the City Engineer, as outlined in his comments dated June 10, 2004. b) The plan shall be revised to depict a minimum of sixteen (16) parking spaces on the Jiffy Lube lot. c) The plan shall be revised to clearly depict and label all dumpsters on the subject PUD. d) The plan shall be revised to clearly depict adequate snow storage areas for the subject PUD. e) The plan shall be revised to depict a bicycle rack. 4. The applicant shall pay traffic impact fees for the additional 1.04 vtes, prior to issuance of a zoning permit. 5. If needed, the applicant must obtain final wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit. 6. 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. 7. Exterior lighting details for the building, in accordance with Appendix D of the Land Development Regulations, shall be submitted prior to issuance of a zoning permit. 8. All floodlights on the subject property shall be replaced with lighting types in accordance with Appendix D of the Land Development Regulations, prior to issuance of a certificate of occupancy. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 10. The Development Review Board granst the applicant a 25% parking waiver, for a total of sixteen (16) parking spaces. 11. The maximum fleet of rental cars for the proposed use shall be five (5). 12. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Chuck Bolton ye ay/abstain/not present Mark Boucher yea ay/abstain/not present John Dinklage e ay/abstain/not present Roger Farley - ea a y/ _aj stain/not present Michele Kupersmith - ea ay/abstain/not present Larry Kupferman - ea ay/abstain/not present Gayle Quimby - yea nay/abstai not presen Motion Carried by a vote of 0- 0 Signed this day of July, 2004 by John Dinklage, Chair i -7- Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 9:1111