HomeMy WebLinkAboutSD-11-24 - Decision - 1580 1620 Shelburne Road#SD-11-24
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HERITAGE AUTOMOTIVE - 1580-1620 SHELBURNE ROAD
FINAL PLAT APPLICATION #SD-11-24
FINDINGS OF FACT AND DECISION
Final plat application of Heritage Automotive Group, Inc to amend a planned unit development
consisting of a multi -building complex used for auto sales, service and repair. The amendment
consists of a three (3) phase project to include: 1) the construction of a private on -site above
ground fueling station, 2) replacing an existing 8,715 sq. ft. automotive building with a 35,032
sq. ft. automotive service building, and 3) the construction of a 600 sq. ft. facade feature to an
existing sales building, 1580-1620 Shelburne Road.
The Development Review Board held a public hearing on August 3, 2011. Doug Hewitt
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:
FINDINGS OF FACT
1. Final plat application of Heritage Automotive Group, Inc to amend a planned unit
development consisting of a multi -building complex used for auto sales, service and repair. The
amendment consists of a three (3) phase project to include: 1) the construction of a private on -
site above ground fueling station, 2) replacing an existing 8,715 sq. ft. automotive building with a
35,032 sq. ft. automotive service building, and 3) the construction of a 600 sq. ft. facade feature
to an existing sales building, 1580-1620 Shelburne Road.
2. The owner of record of the subject property is Heritage Automotive Group Inc.
3. The application was received on June 23, 2011.
4. The subject property is located in the Commercial 2 Zoning District.
5. The plans submitted consist of a 25 page set of plans, page two (2) entitled "Existing
Conditions Plan Heritage Automotive Green Mountain Drive South Burlington, V7, prepared by
Summit Engineering Inc, dated 6/21/11.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
C2 Zoning District
Re uired
Proposed
�l Min. Lot Size
40,000 SF
15.74 acres
Max. Building Coverage
40%
16.47%
Max. Overall Coverage
70%
69.3%
�l Min. Front Setback
50 ft.
>50 ft.
�l Min. Side Setback
10 ft.
>10 ft.
�l Min. Rear Setback
30 ft.
>30 ft.
�l Front yard coverage Shelburne Rd
30%
30%
Front yard coverage Green Mountain Drive
300/6
1 22.8%
q zoning compliance
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the existing
public water system shall be extended so as to provide the necessary quantity of water, at
acceptable pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider
or developer shall connect to the public sewer system or provide a community wastewater system
approved by the City and the State in any subdivision where off -lot wastewater is proposed.
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.
Access to the five (5) buildings in the larger PUD is proposed via seven (7) existing curb cuts on
both Shelburne Road and Green Mountain Drive. There is good circulation around the existing and
proposed buildings. The Board discussed consolidation of curb cuts at the preliminary plat hearing
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and did not ask that any be removed. The site is very large with access on three roads. The curb
cuts help to ensure that vehicles trying to access one part of the site do not create pedestrian
safety issues on others. While the Board generally supports consolidation of curb cuts, this site
would not benefit from such.
Parking
Based on 111,934 SF of automotive sales use, 224 parking spaces are required. It appears,
based on staff counts, that 225 spaces for customers and employees are provided, including 13
handicapped spaces
Traffic
This property is located in Traffic Overlay Zone 3 which allows the property to generate no more
than 771 vehicle trip ends during the PM Peak Hour. The existing use is estimated to generate
230.05 vehicle trip ends. The expansion of 26,317 square feet of automotive sales use (LUC
841) will result in an additional 68.16 pm peak vehicle trip ends, for a total of 298.21 pm peak
vehicle trip ends.
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 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.
The Board feels that the proposed project is in keeping with the planned development patterns of
the C2 Zoning District.
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.
This is among the densest and most urban areas in the City. Large areas of open space would be
uncommon and unfitting. Still, the project is in compliance with overall coverage limitations.
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.
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.
The subject PUD has direct road access on three sides. It has only one neighbor to the north.
There would be only limited value in a connection to this property.
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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 plans show improved pedestrian connections from the buildings and/or lots to the sidewalk
along Shelburne Road. They now show a pedestrian connection from the newest building to the
sidewalk on Shelburne Road.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Board feels the proposed subdivision of this property is in conformance with the South
Burlington Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site
plan approval. Section 14.06 establishes the following general review standards for all site plan
applications:
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:
(a) Parking shall be located to the rear or sides of buildings.
(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,
(d) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be located
adjacent to the public street;
(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); or,
(v) The principal use of the lot is for public recreation.
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(c) Where more than one building exists or is proposed on a lot, the total width of
all proposed parking areas that are both to the side of a building and between the
front lot line and the building line of the building on the lot that is closest to the
public street shall not exceed one-half of the total building width of all buildings
on the lot that are located adjacent to the public street. Buildings separated from
the front lot line by parking approved pursuant to 14.06(C)(2)(b) shall be
considered adjacent to the public street. Buildings separated from the front lot
line by any other parking areas shall not be considered adjacent to the public
street.
(d) The DRB shall require that the majority of the parking on through lots and
corner lots be located between the building(s) and the side yards or between the
building and the front yard adjacent to the public street with the highest average
daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its
interchanges, the majority of parking shall be located between the building and
the side yards or between the building and the yard that is adjacent to the
Interstate.
The Board finds that the parking is in compliance with the land development regulations. The
Board previously discussed allowing vehicle display areas to the front of the building.
The Board stated at the preliminary plat review that vehicle storage to the front of the buildings
would be permitted. The only customer parking to the front of the building is for 2 handicapped
spaces which are permitted.
c) Where more than one building exists or is proposed on a lot, the total width of all parking
areas located to the side of building(s) at the building line shall not exceed one half of the width
of all building(s) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall
be exempt from this subsection.
There is very little parking between buildings.
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 scale of the proposed buildings is compatible with the site and existing buildings in the area.
The height of the proposed building is under the 35' height maximum for the City.
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 DRB 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.
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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.
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:
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.
The Board has already addressed this issue.
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 show proposed dumpsters or other waste facilities, adequately screened.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening
shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land
Development Regulations requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers.
Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must
be shown on the plans. The plans show adequate snow storage areas for the subject property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
Based on a construction cost of $5,500,000, the minimum landscaping budget shall be $62,500
which is being met.
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The proposed parking areas contain more than twenty (20) parking spaces, and therefore should
be landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The
site plan shows proposed landscaping on the interior of the proposed parking area.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
The applicant has submitted a lighting point plan as well as lighting cut sheets which are
acceptable.
Other
The plans depict a new bicycle rack.
For planning and zoning purposes all lots in the subdivision shall be treated as one (1) lot.
The applicant shall record a Notice of Conditions that states that for planning and zoning
purposes all lots in the subdivision shall be treated as one (1) lot.
Stormwater Management Overlay District (SMO)
The subject property lies within the Stormwater Management Overlay District and is therefore
subject to Section 12.03 of the South Burlington Land Development Regulations. City
Stormwater Superintendent has reviewed the plans and provided the most recent set of
comments in an email dated May 9, 2011.
The Stormwater Superintendent has reviewed all stormwater plans and Low Impact
Development (LID) applications. He has stated that the applicant should regularly maintain all
stormwater treatment and conveyance structures on -site (e.g. the grass channels and stone
forebay, and that prior to a certificate of occupancy, the applicant shall submit record drawings
to the Director of Public Works showing pipe invert elevation, drainage structure rim elevation,
pipe material, and final grading.
DECISION
The South Burlington Development Review Board approves Final Plat Application #SD-11-24 of
Heritage Automotive, subject to the following conditions:
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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 plat submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
3. 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.
4. For purposes of planning and zoning, all lots in this subdivision shall be considered one (1)
lot. The applicant will be required to record a "Notice of Conditions" to this effect which has
been approved by the City Attorney prior to recording the final plat plan.
5. The applicant shall regularly maintain all stormwater treatment and conveyance structures
on -site (e.g. the grass channels and stone forebay).
6. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the expansion will generate
68.16 additional vehicle trip ends during the P.M. peak hour.
7. Prior to a certificate of occupancy, the applicant shall submit record drawings to the Director
of Public Works showing pipe invert elevation, drainage structure rim elevation, pipe
material, and final grading.
8. The plat shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to
the Administrative Officer prior to recording the final plat plans..
a. The boundary survey plat shall be revised to include the seal and signature of the
land surveyor.
9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy or use of any of the three phases.
10. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
11. The final plat plan (survey plat and sheet S1) shall be recorded in the land records within
180 days or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a
copy of the survey plat in digital format. The format of the digital information shall require
approval of the South Burlington GIS Coordinator.
12. The applicant shall obtain a zoning permit for the first building within six (6) months of the
date of this approval. The Development Review Board grants a period of five (5) years for
approval of phase 2 and 3 of the proposed development. At such time as the five years is
reached and the applicant has not sought a zoning permit for either phase 2 or 3, they shall
be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for
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one (1) extension to an approval if the application takes place before the approval has
expired and if the Development Review Board determines that conditions are essentially
unchanged from the time of the original approval. In granting such an extension, the
Development Review Board may specify a period of time up to one (1) year for the
extension.
13. Prior to permit issuance, the applicant shall post a $62,500 landscaping bond. 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.
Tim Barritt— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Joe Randazzo— yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 7 - 0 — 0
Signed this 19th day of August, 2011, by
Digitally signed by Mark C. Behr
Mark C . Behr c cn=Mark C. Behr, o=Richard Henry Behr
Ar
Architect P.C., ou, email=markCarhbpc.com,
c=US
Date: 2011.08.19 12:10:22-04'00'
Mark Behr, Chairman
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://vermontoudiciary.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 802.879.5676 to speak with the regional Permit Specialist.
C
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