HomeMy WebLinkAboutSD-05-62 - Decision - 1675 Shelburne RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SHEARER CHEVROLET, INC. - PLANNED UNIT DEVELOPMENT
1675 SHELBURNE ROAD
FINAL PLAT APPLICATION #SD-05-62
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 and 26,358 sq. ft expansion. The amendment consists of: 1)
minor adjustments to proposed expansion which will increase expansion to 27,539 sq.
ft., and 2) other site modifications, 1675 Shelburne Road. The South Burlington
Development Review Board held a public hearing on August 15, 2005. 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. 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
and 26,358 sq. ft expansion. The amendment consists of: 1) minor adjustments
to proposed expansion which will increase expansion to 27,539 sq. ft., and 2)
other site modifications, 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, Traffic
Overlay District, and Bartlett Brook Overlay District.
4. The plans submitted consist of a ten (10) page set of plans, page one (1) entitled,
"Site Plan Shearer Chevrolet Shelburne Road South Burlington, Vermont",
prepared by Krebs & Lansing Consulting Engineers, Inc., dated 5/14/01, last
revised on 7/7/05.
Dimensional Requirements
Table 1 summarizes the area, density, and dimensional requirements for the C2 District.
Table 1. Dimensional Requirements
C2 Zoning District
Limits/
Proposed
Required
Min. Lot Size
40,000 S.F.
_
527,395
Max. Building Coverage
40% 1
13..9%
�l Max. Total Coverage
70%
68..3%
Min. Front Setback
Shelburne Road
50 ft.
>50 ft.
Bartlett BayRoad oad
30 ft.
>30 ft.
�l Min. Side Setback
10 ft.
>10 ft. I
�l Min. Rear Setback
30 ft.
n/a
4 Max. Building Hem_
35 ft.
r <30 ft_ JI
N, 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.
Furthermore, a continuous landscaped strip of 15 ft. in width traversed only by driveways
and sidewalks shall be maintained between the street right-of-way and the balance of the
lot. The plans include calculations for the front yard lot coverage for Shelburne Road and
Bartlett Bay Road. 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 DRB 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.
The applicant has noted that, as a result of the expansion, up to 20 additional employees
may be added overtime.
(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 provided comments in a memorandum dated
August 11, 2005. He expresses 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.
(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 imminent 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. 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 building will result in an estimated 200.37 pm peak
hour vehicle trip ends. This represents an increase of approximately 72.23 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.
(� ®pen space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels
andlor 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 it) 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.
Q) 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.
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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 I -and
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.
152 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 only two marked
handicapped spaces. The plans should be revised to show a total of 6 handicapped
spaces.
A bicycle rack is shown, at the front of the principle 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, the parking layout is
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
less than 30' 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 DRD 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. T-he 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
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 $28,909.
The applicant has submitted a landscaping plan for the proposed project with a landscaping
budget of $32,045. This exceeds the amount required.
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The South Burlington City Arborist has reviewed the plans and expressed approval with the
plans as presented. No changes will be required.
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.
Other
The subject property is located in the Bartlett Brook Overlay District
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 not
significant enough to warrant additional reviews and recommends that the current
assessment suffice to satisfy this requirement.
DECISION Motion by G (N1 Q rM
, seconded by 66�=1� �r-'
to approve Final Plat Application # D-05-62 of Shearer Chevrolet, Inc., sub ct 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.
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3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Four (4) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plans shall be revised to depict a total of six (6) handicapped spaces. They
shall be in compliance with Section 13.01(1) of the SBLDR.
b) The plans shall be revised to depict snow storage areas. They shall be in
compliance with Section 13.06(B)(7) of the SBLDR.
4) 4 The applicant shall obtain preliminary wastewater capacity allocation from the
Director of Planning and Zoning, Juli Beth Hinds, prior to recording of the final plat
plans.
5) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
6) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7) The final plat (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 — yea/nay/abstain not presen
Chuck Bolton — e� nay/abstain/not present
John Dinklage — nay/abstain/not present
Roger Farley — P—e
bstain/not present
Larry Kupfermanay/abstain/not present
Gayle Quimby —/abstain/not present
Motion carried by a vote of 0 - o
Signed this < L. day of August 2005, by
John Dinklage, `Chair
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).
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