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HomeMy WebLinkAboutSP-11-24 - Decision - 1675 Shelburne Road#SP-11-24 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SHEARER CHEVROLET — 1675 SHELBURNE ROAD SITE PLAN APPLICATION #SP-11-24 FINDINGS OF FACT AND DECISION Shearer Chevrolet, Inc., hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved 58,086 GFA auto sales and service building. The amendment consists of revising phase II of a four (4) phase improvement project to include: 1) adding 4 parking spaces, 2) architectural changes to the showroom addition, and adding a planting bed, 1675 Shelburne Road. The Development Review Board held public hearings on July 5, 2011 and September 6, 2011. David G. White 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. Shearer Chevrolet, Inc., hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved 58,086 GFA auto sales and service building. The amendment consists of revising phase II of a four (4) phase improvement project to include: 1) adding 4 parking spaces, 2) architectural changes to the showroom addition, and adding a planting bed, 1675 Shelburne Road. 2. The application was received on June 17, 2011. 3. The owner of record of the subject property is Shearer North LLC. 4. The subject property is located in the Commercial 2 Zoning District. 5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled "Planting Plan Shearer Chevrolet Shelburne Road South Burlington", prepared by Krebs & Lansing Consulting Engineers, dated 11/22/02, last revision 8/5/11. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\9.6.11 Meeting Decisions\SP 11 24 1675ShelburneRd ShearerChevrolet ffd.doc #SP-11-24 Phase 1 Improvements: The plan submitted is largely based on a phased set of improvements approved by the DRB in 2005. It includes Phase 1 Improvements which have been constructed and are complete. The plans also shows some minor changes (such as removing pavement in some places) as well as the limits of the widening of Shelburne Road, which has been completed since the original approval of the plan to which this proposal was phased. Additional Parking: The applicant is proposing to add 4 new parking spaces to the plan. One (1) of these is located to the front of the building, prohibited in accordance with Section 14.06 of the South Burlington Land Development Regulations (SBLDRs). The plans shall be revised to be in compliance with Section 14.06 of the SBLDRs through either removal or adjustment of this space. Existing Inventory Parking: The plans showing a representation of the vehicle display and storage areas on the plan, shown as fields, rather than with parking lot lines, which did not represent the dynamic nature of the automobile sales displays. Per the note on the plan, the placement of vehicles within the Vehicle Display & Storage Areas is subject to change in order to remain flexible for evolving strategies, provided they remain within the designated fields. The Board finds this acceptable. Stormwater Overlay District: The proposed addition falls below the thresholds for allowable land disturbance within the Stormwater Overlay District. As such, no additional changes are necessary. Phasing: The applicant shall obtain a zoning permit for the next phase within six (6) months of the date of this approval. The Development Review Board grants a period of five (5) years for the remaining phases of the proposed development. The applicant may be eligible for an extension of this time, pursuant to the Land Development Regulations in affect at the time of expiration of the aforementioned five year period. DECISION Motion by Joe Randazzo, seconded by Tim Barritt, to approve Site Plan Application #SP-11-24 of Shearer Chevrolet subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\9.6.11 Meeting Decisions\SP 11 24 1675ShelburneRd ShearerChevrolet ffd.doc #SP-11-24 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans 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 permit issuance. a. To be in compliance with Section 14.06 of the SBLDRs with respect to parking to be located to the front of the building. 4. The applicant shall obtain a zoning permit for the next phase within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. The Development Review Board grants a period of five (5) years for the remaining phases of the proposed development. The applicant may be eligible for an extension of this time, pursuant to the Land Development Regulations in affect at the time of expiration of the aforementioned five year period. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the next phase constructed. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 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 6 — 0 — 0 Signed this 13th day of September 2011, by Digitally signed by Mark C. Behr Mark C . BehrDN e Mark C. Behr, o=Richard Henry Behr Architect P.C., ou,email=mark@rhb c corn, c=US Date: 2011.09.13 16:40:58-04'00' Mark Behr, Chairman CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\9.6.11 Meeting Decisions\SP 11 24 1675ShelburneRd ShearerChevrolet ffd.doc #SP-11-24 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://vermontaudiciary.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. 4 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\9.6.11 Meeting Decisions\SP 11 24 1675ShelburneRd ShearerChevrolet ffd.doc