Loading...
HomeMy WebLinkAboutSD-06-26 - Decision - 1675 Shelburne Road#SD-06-26 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SHEARER CHEVROLET - PLANNED UNIT DEVELOPMENT 1675 SHELBURNE ROAD FINAL PLAT APPLICATION #SD-06-26 FINDINGS OF FACT AND DECISION Shearer Chevrolet, Inc., hereafter referred to as the applicant, is seeking to amend a previously approved planned unit development for an existing 48,538 sq. ft. gfa of auto sales and service facility. The amendment consists of increasing the size of the proposed expansion from 27, 539 sq. ft. to 29,963 sq. ft. for a total gfa of 78,500 sq. ft., 1675 Shelburne Road. The Development Review Board held a public hearing on May 16, 2006. David 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. The applicant is seeking to amend a previously approved planned unit development for an existing 48,538 sq. ft. gfa of auto sales and service facility. The amendment consists of increasing the size of the proposed expansion from 27, 539 sq. ft. to 29,963 sq. ft. for a total gfa of 78,500 sq. ft., 1675 Shelburne Road. 2. The owner of record of the subject property is Shearer North, LLC. 3. The subject property is located in the Commercial 2 (C2) Zoning District. 4. The plans submitted with this application consist of a seven (7) page set of plans, page one (1) entitled, "Site Plan — 2006 Shearer Shearer Chevrolet Shelburne Road South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated 4/5/06, last revised 5/8/06. - 1 - #SD-06-26 ZONING AND DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements C2 Zoning District Limits/ Require Proposed Min. Lot Size 40,000 S.F. 527,395 �l Max. Building Coverage 40% 14.4% Max. Total Coverage 70% 69% �l Min. Front Setback Shelburne Road Bartlett Bay Road 50 ft. 30 ft. >50 ft. >30 ft. �l Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. n/a Max. Building Height 35 ft. 32 ft. zoning compliance n/a this corner property has two front setbacks and no rear setback In addition to the requirements summarized in the above, Section 3.06(H) of the South Burlington Land Development Regulations (SBLDR) prohibits more than 30% of the front setback from being used for driveways and parking, and the balance shall be landscaped. The proposed Shelburne Road front yard coverage prior to the State of Vermont taking for the Shelburne Road widening project is 63.1 %. After the State of Vermont taking for Shelburne Road, the proposed Shelburne Road front yard coverage is 75.6%. This increase is not a result of the applicant's proposal and the Board considers the proposed coverage as an existing condition of the lot. Furthermore, the Bartlett Bay Road front yard coverage will decrease from 33.7% to a complying 29.8 % as a result of the proposal. Planned Unit Development Standards Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The South Burlington Water Department reviewed the plans and expressed approval with the plans as presented. No changes will be required. (b) 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 City Engineer reviewed the plans and has noted that he finds no issues or concerns with the plans as presented. Furthermore, the applicant has submitted grading and erosion control plans. The proposed project adequately adheres to standards for grading and erosion control. WA #SD-06-26 (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The subject property contains 2 access points on Shelburne Road and 2 access points on Bartlett Bay Road. The Shelburne Road curb cuts (43 ft. wide southerly and 40 ft. wide northerly) will not change as a result of the Shelburne Road widening project or as a result of this proposal. The existing 35 ft. westerly Bartlett Bay Road curb cut will be replaced with a new 25 ft. curb cut just west of the existing. The easterly 43 ft. Bartlett Bay Road curb cut will be replaced with a 24 ft. curb cut west of the existing curb cut. Staff feels that these changes will provide improved safety, particularly because the easterly Bartlett Bay Road curb cut will be further from the intersection with Shelburne Road, and the Bartlett Bay Road curb cuts will be narrowed to just two lanes. All four access drives exceed the minimum required 20 ft. width for two-way commercial drives as per the SBLDR. Based on ITE data, the proposed and existing buildings will result in an estimated 207.24 pm peak hour vehicle trip ends. This represents an increase of approximately 79.1 vtes over the current generation of 128.14 vtes. This increase will be used to calculate traffic impact fees. The subject property falls within Zone 3 of the Traffic Overlay District. According to Section 10.02(G) of the zoning regulations, the subject property shall generate no more than 593 vehicle trips per PM peak hour of the adjacent street. The proposal falls within the traffic allowed. Circulation is proposed to be two-way throughout the site. Internal aisle widths within the proposed parking lots are sufficient for two-way traffic and 90 degree parking spaces, as outlined in Table 13-8 of the South Burlington Land Development Regulations. (d) 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. The project as proposed will encroach into the Class III wetland buffer. The proposed body shop and the parking in the southwest portion of the property will be within this buffer. However, this encroachment has been repeatedly reviewed by the city and state and found to have little to no negligible adverse impacts on the wetlands. (e) 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. According to Section 4.03 of the South Burlington Land Development Regulations, the purpose of the C2 District is to encourage general commercial activity. The use as automobile sales is permitted. The proposed project is visually compatible with the development patterns in the area and is in conformance with the above statement of purpose for the C2 District. -3- #SD-06-26 (fl 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. There are few open space areas to remain on the subject property, but they are largely contiguous and include the wetlands on the site. (g) 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 South Burlington Fire Chief has noted that he does not feel his review is necessary for this project. (h) 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 proposed amendment will not alter the ability of these items to be extended to adjacent properties. (i) 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 is in compliance with this requirement. All proposed lighting is in compliance with the standards set forth in the South Burlington Land Development Regulations. (J) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The project is consistent with the goals and objectives of the Comprehensive Plan. Site Plan Review Standards Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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 project accomplishes a desirable transition from structure to site and from structure to structure. In addition, the plans incorporate sidewalks to facilitate pedestrian movement on Shelburne Road. 157 Spaces are required for the proposed use and square footage. The site plan shows compliance, with 160 parking spaces. Pursuant to Table 13-7 of the SBLDR, 6 handicapped spaces are required. The site plan currently shows six marked -4- #SD-06-26 handicapped spaces A bicycle rack is shown at the front of the principal structure, in compliance with Section 13.01(G) of the SBLDR. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of parking is located to the front and side of the proposed building. Given the nature of the use of the property and the orientation of the building, staff finds the parking layout acceptable. (c) 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 standard height limitation for flat -roof structures is 35' from the average pre - construction grade. The applicant is proposing to construct a single -story building that is at its highest point 32 feet above average pre -construction grade. No height waivers will be required. (d) 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 South Burlington Land Development Regulations, any new utility lines shall be underground. (e) 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. The applicant has submitted building elevation plans of the proposed building. The plans for the building, as presented, meet the requirements stated above. (f) 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 has submitted building elevation plans of the proposed building. The plans for the building, as presented, meet the requirements stated above. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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 -5- #SD-06-26 in the area. The applicant has provided portions of the subject property to the city in the form of a stormwater treatment system easement. In addition, the applicant has relinquished a portion of the easterly frontage of the subject property to the State of Vermont for the Shelburne Road widening project. (b) 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. It has already been noted that any new utility lines shall be underground. (c) 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 proposed dumpster enclosure is depicted on the plans and is shown as screened. (d) Landscaping and Screening Requirements Based on building costs, the project is required to have a landscaping budget of $29,800. The applicant has submitted a landscaping plan for the proposed project with a landscaping budget of $34,485. This exceeds the amount required. The applicant originally proposed a line of trees along Shelburne Road. However, the applicant and the Board have since learned that the State, as part of its widening project, has already planted a line of trees along this stretch. The applicant suggests that two rows of trees in this area is excessive and blocks the line of view for their business. The applicant is also requesting a waiver that would reduce their budget by the cost of these trees. The Board concurs with both of these requests and approves the landscaping plan without the line of trees along Shelburne Road. With respect to the applicant's request to condition the approval so as to allow the substitution of like plantings without additional approvals, The Board allows this substitution in consultation with the South Burlington City Arborist and the Planning Staff, but without further review by the Development Review Board. The South Burlington City Arborist has previously reviewed the plans and noted that he has no changes. Pursuant to Section 13.06(B)(7), 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 plans depict several adequate snow storage areas. Other The subject property is located in the Bartlett Brook Overlay District M #SD-06-26 Section 12.03 (C) (2) applies: The Development Review Board shall not approve any land development proposal which must be reviewed under this section unless it includes appropriate storm management design to prevent an increase over pre -development conditions of the peak discharge and velocity of stream flow downstream of the development site. Section 12.03(D) governs the procedures for evaluation: In order for the City to determine that the standards in section C above are met the applicant for a land development project shall submit applicable information regarding the development and storm management design to the City for inclusion into the City's stormwater hydrology computer model. The proposed project had previously undergone review by Heindel and Noyes. At that time, the consultant recommended approval of the stormwater aspects of the project with no modifications. The proposed changes to the project since its last approval are significant enough to warrant additional reviews and recommends that the current assessment suffice to satisfy this requirement. DECISION Motion by v R t--QUIXW , seconded by rAel to approve Final Plat Application # D-06-26 of Shearer Chevrolet, 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 plat 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 recording: a. The plans shall be revised to remove the trees along Shelburne Road. 4. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 5. The applicant shall be allowed to substitute like plantings with the approval of the South Burlington City Arborist and in consultation with the City's Planning Staff. No review by the Development Review Board shall be required for the substitution of like plantings. 6. The applicant shall post a $29,800 landscaping bond. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 7- #S D-06-26 7. For the purpose of calculating road impact fees, the Development Review Board estimates that the project will generate 79.1 additional vehicle trip ends (vtes) during the P.M. peak hour. 6. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 7. The final plat plan (Sheet 1) 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. Mark Behr oyenay/abstain/not present Matthew Birmin m e nay/abstain/not present Chuck Bolton —�/nay a stain/not-pre, John Dinklage — yea/nay/abstain :present rese Roger Farley — yea/n�y /abstain not Larry Kupferman -�eahi, ay/abstai present Gayle Quimby —Q!97n-ay/abstain/not present Motion carried by a vote of 5 -0 - 0 Signed this � day of 2006, by Mark Behr, Vice Chairman 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).