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HomeMy WebLinkAboutSP-18-09 - Decision - 1525 Shelburne Road#SP-18-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BLUE DRAGONFLY, LLC & ANTONIO B. POMERLEAU 1525 SHELBURNE ROAD SITE PLAN APPLICATION #SP-18-09 FINDINGS OF FACT AND DECISION Site Plan application #SP-18-09 of Blue Dragonfly, LLC to amend a previously approved plan for a 6,470 sq. ft. mixed use building consisting of auto repair and retail use. The amendment consists of constructing a 12-foot wide walkway connecting the property to 1519 Shelburne Rd and 5 Bartlett Bay Rd, expanding the parking area to provide off -site parking for 1519 Shelburne Road, and constructing stormwater, landscape and related site improvements, 1525 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 1519 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 #SP-18-09 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 additional 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 does not affect the existing structure or uses of the property. 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 existing uses of the building consist of 6,768 square feet of auto service and repair, and 1,800 square feet of retail sales, requiring 20 parking spaces as proscribed in Table 13-2. There are 26 existing parking spaces on the subject property. The applicant is proposing to construct an additional 25 spaces which will be designated by signage for the use of the tenants at 1519 Shelburne Road. The 26 existing parking spaces will be slightly reconfigured to accommodate circulation needs. Since both parcels independently meet the required parking minimums, the Board considers 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. See Site Plan Review Standard B (2) below for additional discussion of parking. 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. 2 #SP-18-09 The Board finds the proposed site plan meets the Comprehensive Plan goal of infill and redevelopment of the Shelburne Road corridor between 1-189 and IDX Drive. 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 parcels at 1519 Shelburne Road and 5 Bartlett Bay Road. 1519 Shelburne Road and 5 Bartlett Bay Road 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). Twelve (12) existing parking spaces are located in the front of the existing building along Bartlett Bay Road and Shelburne Road. The applicant has proposed to increase the degree of conformity with this criterion by creating two additional parking spaces nearer to Bartlett Bay Road than the nearest point of the existing building. One of the parking spaces is proposed to be an accessible space. The Board does not have the authority to waive the prohibition on the second space as the parking requirements of the existing building are met without the addition of any non -conforming parking spaces. The Board acknowledges the fact that the applicant has identified the need for additional parking beyond the required minimum. However, the property far exceeds allowable front setback coverage, has twelve (12) parking spaces located between the building and ROW, and is proposing a configuration which results in an additional two spaces located between the building and ROW. The Board therefore finds that the applicant must reduce nonconformity with front setback coverage and nonconformity with the parking location requirement by removing pavement at the northeast and southeast corners of the property, and at the northeast and southeast corners of the building and replacing it with pervious surfaces to be maintained as lawn. The area to be removed must be the area not otherwise required for truck turning movements, as demonstrated by a turning movement plan to be provided by the applicant. To effect this change, the applicant shall #SP-18-09 relocate the two parking spaces at the northwest corner of the property, potentially the parking space in the lee of the northwest corner of the building and potentially the parking spaces along the east property line and replace them with parallel parking spaces along the north property line. The applicant shall not increase or decrease the number of parking spaces in making this change. (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 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 not proposing to make any changes to the building. 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: (11) Access to Abutting Properties. The reservation of land maybe 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 1519 Shelburne Road, the proposed site plan includes a pedestrian path connecting 1519 Shelburne Road to 5 Bartlett Bay Road, which the applicant has indicated will not be accessible to vehicles. The Board finds this criterion met. (111) 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. (IV) 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). 4 #SP-18-09 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. (V) Landscaping and Screening Requirements. (See Article 13, Section 13.06) 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 is not proposing any building improvements therefore no landscaping is required. The applicant is proposing five maple trees along the expanded parking area. The City Arborist has reviewed the proposal and has no concerns. The Board finds this criterion met. 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 triggers the standards of Article 12 by expansion of impervious surfaces greater than 5,000 square feet. The applicant is proposing to capture 6,560 square feet of impervious which is a combination of existing untreated impervious and new impervious in a new bioretention area. The Assistant Stormwater Superintendent reviewed the design on February 27, 2018, as follows. The Stormwater Section has reviewed the 1525 Shelburne Rood Site Improvements plan prepared by Civil Engineering Associates, dated 212118. We would like to offer the following comment: 1. The DRB should include a condition requiring the applicant to regularly maintain all Stormwater treatment and conveyance infrastructure. Thank you for the opportunity to comment. 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 for the new parking area meet the standards set forth in Figure 13-1. The Board finds this criterion met. C) OTHER 1. 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 5 #SP-18-09 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 existing parking area light fixtures. The Board finds this criterion met. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: 1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. 2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. 3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. 4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. 5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. 6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher than the roof of the structure. The applicant is proposing two pole mounted light fixtures in the new parking area. The mounting height is proposed to be 20 feet. The Board finds this criterion met. 2. Bicycle Parking The proposed 6,470 sq. ft. mixed use building consisting of auto repair and retail use requires four (4) short term bicycle parking spaces according to the provisions of Section 13.14. The applicant has provided four (4) short term spaces. The Board notes that the applicant must meet the spacing requirements of Section 13.14B(2)(d). The Board finds this criterion met. 3. Parking Lot Landscaping Section 13.06E of the Land Development Regulations addresses landscaping of parking areas as follows. #SP-18-09 (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The City Arborist reviewed the plan on March 2, 2018 and recommends the maple on the south end of the parking lot be relocated to prevent damage from snow storage. The Board finds the applicant must implement the City Arborist's recommendation. (2) N/A (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.06(8)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. The City Arborist reviewed the plan on March 2, 2018 and recommends that curbing be added where not specifically required to allow stormwater treatment as represented in plan sheet SW1. The purpose of the curbing is to protect the trees by preventing damage to the trunks and more importantly to prevent soil compaction from vehicles driving off the pavement. If necessary, the City Arborist suggests that the applicant may place breaks in the curb to allow runoff into the green space. The Board finds that the applicant must provide landscaping boulders at the edge of the parking area to prevent vehicles driving off the pavement. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt -tolerant. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for everyfive (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. (c) Trees shall have a caliper equal to or greater than two and one-half (2 '2) inches when measured on the tree stem, six (6) inches above the root ball. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. (e) N/A The City Arborist has reviewed the proposal and has no concerns. The Board finds this criterion met. (5) N/A #SP-18-09 (6) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. 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. Relocate the maple on the south end of the parking lot to prevent damage from snow storage. b. Provide landscaping boulders at the edge of the parking area to prevent vehicles driving off the pavement. Reduce nonconformity with front setback coverage and nonconformity with the parking location requirement by removing pavement at the northeast and southeast corners of the property, and at the northeast and southeast corners of the building and replacing it with pervious surfaces to be maintained as lawn. The area to be removed must be the area not otherwise required for truck turning movements, as demonstrated by a turning movement plan to be provided by the applicant. To effect this change, the applicant must relocate the two parking spaces at the northwest corner of the property, potentially the parking space in the lee of the northwest corner of the building and potentially the parking spaces along the east property line and replace them with parallel parking spaces along the north property line. The applicant must not increase or decrease the number of parking spaces in making this change. Update lot coverage calculations to reflect changes made in response to item (c) 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. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the newly created parking spaces. 7. Any change to the site plan will require approval by the South Burlington Development Review Board or the Administrative Officer. #SP-18-09 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 f I ta- 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://vermontiudiciarV.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