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Home My WebLink AboutSD-18-07 - Decision - 0005 Bartlett Bay Road#SD-18-07 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BLUE DRAGONFLY, LLC & ANTONIO B. POMERLEAU 5 BARTLETT BAY ROAD, 1519 & 1525 SHELBURNE ROAD PRELIMINARY & FINAL PLAT APPLICATION #SD-18-07 FINDINGS OF FACT AND DECISION Preliminary and final plat application #SD-18-07 of Blue Dragonfly, LLC & Antonio B. Pomerleau to resubdivide three (3) lots, 1519 & 1525 Shelburne Road and 5 Bartlett Bay 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 Preliminary and Final Plat Application #SD-18-07 of Blue Dragonfly, LLC & Antonio B. Pomerleau to resubdivide three (3) lots 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. 2. The owners of record of the subject properties are Blue Dragonfly, LLC & Antonio B. Pomerleau. 3. The application was received on February 2, 2018. 4. The subject properties are 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. The Board reviewed the sketch plan application for this subdivision on February 20, 2018. 7. On 11/21/2011, the Development Review Board removed the planned unit development designation for these three (3) lots (#SD-11-38) and subdivided 1519 & 1525 Shelburne Road into their present configurations. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions Building and overall coverages will continue to be met. All reconfigured lots will continue to meet the minimum lot size of 40,000 sq. ft. The new property boundaries will not increase the degree of noncompliance with any setback requirement. The buildings on 1519 & 1525 Shelburne Road do not currently meet the front setback requirement and this resubdivision will not affect that situation. o-ut b PLANNING & ZONE NG 1of6 #SD-18-07 Commercial 2 Required Existing Proposed Existing Proposed Existing 5 Proposed 5 1519 1519 1525 1525 Bartlett Bartlett Shelburne Shelburne Shelburne Shelburne Bay Rd Bay Rd Rd Rd Rd Rd ✓Min. Lot Size 40,000 sf 43,400 sf 45,960 sf 40,170 sf 48,455 sf 206,130 sf 195,265 sf ✓Max. Building 40% 29% 27% 16% 13% 27% 28% Coverage ✓Max'Overall 70% 64% 68% 66% 68% 64% 68% Coverage X Max. Front 30% 39% 39% 90% 90% N/A N/A Setback Coverage, Shelburne Rd X Max. Front 30% N/A N/A 64% 62% 29% 30% Setback Coverage, Bartlett Bay Rd X Min. Front 50 ft. 51 ft. 51 ft. 20 ft. 20 ft. N/A N/A Setback, Shelburne Rd Min. Front 30 ft. N/A N/A 38 ft. 38 ft. 91 ft. 91 ft. Setback, Bartlett Bay Rd ✓Min. Side 10 ft. >10 ft. No change >10 ft. No change 68 ft. 68 ft. Setback ✓Min. Rear 30 ft. >30 ft. No change N/A N/A 97 ft. 97 ft. Setback Building Height 35 ft. Unknown No change Unknown No change Unknown No change (flat roof) B) 15.18 CRITERIA FOR REVIEW OF PUDS, SUDDIDISIONS, TRANSECT ZONE SUBDIVISIONS AND MASTER PLANS (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The applicant has indicated that they are working on allocation requests for the change in use of the building at 1519 Shelburne Road. The Board finds that final water supply and wastewater allocations must be provided prior to zoning permit issuance. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. The applicant has provided erosion control notes which comply with Article 16. The Board finds this criterion met. southburlingt.on PLANNING & ZONING 2of6 #SD-18-07 (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. 1519 Shelburne Road and 1525 Shelburne Road are connected by a shared access driveway. The applicant is proposing a new pedestrian pathway to connect 5 Bartlett Bay Road to the other properties. The Board finds this criterion met. (4) 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. There are no natural resource areas on the site. (S) 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. For Transect Zone subdivisions, this standard shall apply only to the location of lot lines, streets and street types, and natural resources identified in Article XII of these Regulations. The proposed subdivision does not affect compliance with this criterion. The Board finds this criterion met. (6) 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. For Transect Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of these Regulations and proposed open spaces to be dedicated to the City of South Burlington. No additional open spaces are proposed. The Project is located in a densely developed commercial area of the US-7 corridor. The Board finds that while open space may be a desirable component of the development, there are no contiguous open spaces to connect to and therefore this criterion is met. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. This standard shall not apply to Transect Zone subdivisions. This project is not a PUD. The proposed changes to the property layout do not affect compliance with this criterion. The Board finds this criterion met from a site plan perspective, and reminds the applicant that additional coordination may be needed with the building inspector for interior fit -up of the building. so- iti2 ? PIA,NId1Nr & 1.0NfNG 3of6 #SD-18-07 (8) 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 properties. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. The Board finds this criterion met. For further discussion of stormwater facilities and lighting, see #SP-18-09 for 1525 Shelburne Road. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. The proposed subdivision does not affect compliance with this criterion. The Board finds this criterion met. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Among others, one of the goals of the Comprehensive Plan for the southwest quadrant is reconstruction and infill development. The Board finds this criterion met. (11) The project's design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of these Regulations. The applicant is proposing a bioretention area on the 1525 Shelburne Road parcel. The Board finds this criterion met. C) SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the general review standards for all site plan applications. The site plan review standards for 1519 Shelburne Road are discussed in the decision for application #SP-18-08. The site plan review standards for 1525 Shelburne Road are discussed in the decision for application #SP-18-09. 5 Bartlett Bay Road is eligible for administrative site plan review. southburlto PLANNING A ZONING 4of6 #SD-18-07 DECISION Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-18-07 of Blue Dragonfly, LLC and Antonio B. Pomerleau, 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. 3. The plat plan must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat must be submitted to the Administrative Officer prior to recording the plat. a. The plat plan must be revised to include the signature and seal of the land surveyor. b. All plans showing the proposed site layout must be updated to show the additional pervious surfaces described in the decision for 1525 Shelburne Road (#SP-18-09). c. 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 on the parcel at 1519 Shelburne Road as described in the decision for 1519 Shelburne Road (#SP-18-08). d. All plans showing landscaping must be updated to show the minimum landscaping for 1519 Shelburne Road as described in the decision for 1519 Shelburne Road (#SP-18-08). 4. A digital PDF version of the full set of approved final plat must be delivered to the Administrative Officer before recording the final plat plan. 5. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. 6. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) must be recorded in the land records within 180 days or this approval is null and void. The plat plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit copies of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain Jennifer Smith Yea Nay Abstain Brian Sullivan Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 6 — 0 — 0. Not Present Not Present Not Present Not Present Not Present Not Present Not Present PIANNiNG E ZONING 5 of 6 #SD-18-07 Signed this 21 day of March, 2018, by r ' %`✓`j f 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://vermontwudiciarV.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. south �gto. PLANNING & ZONING 6of6