HomeMy WebLinkAboutSD-02-79 - Decision - 1675 Shelburne RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
FINAL PLAN #SD 02-79
SHEARER CHEVROLET PLANNED UNIT DEVELOPMENT
FINDINGS OF FACT, CONCLUSIONS & DECISION
William Shearer d/b/a Shearer Chevrolet, Inc., hereafter referred to as the applicant, is
requesting final approval for a Planned Unit Development (PUD) at 1675 Shelburne
Road. The applicant proposes an expansion of the existing automobile dealership
involving 26,358 sq. ft. of net additional building area and 75,085 sq. ft. of additional
pavement. The South Burlington Development Review Board (DRB) held a public
hearing on February 4, 2003. David G. White and engineer Ian Jewkes represented the
applicant.
Based on the testimony given at the above mentioned public hearing and on the plans
and supporting materials contained in the document file for this application, the DRB
finds, concludes and decides as follows:
FINDINGS OF FACT
The applicant is requesting approval for an expansion of the existing automobile
dealership involving 26,358 sq. ft. of net additional building area and 75,085 sq.
ft. of additional pavement. Specifically, the applicant proposes 3 building
additions to the existing primary structure; a new 14,000 sq. ft. building; removal
of an existing accessory structure; increased paved parking area, outdoor
lighting, and landscaping; access improvements; and stormwater treatment
facilities.
2. The applicant received preliminary plan approval from the DRB on June 12, 2001
subject to 12 conditions. Condition #12 required that a final plat application be
submitted within 12 months. However, at the request of the applicant, the DRB
extended the final plat submittal deadline.
3. On April 16, 2002, the applicant discussed changes to the preliminary plat with
the DRB. Specifically, the applicant proposed to retain the existing front display
area and to redesign the Bartlett Bay Road frontage with additional significant
display area. The plans submitted on December 9, 2002 reflect these changes.
The plans also reflect a September 2002 approval for the replacement of existing
pole lighting along Shelburne Road with Greenbriar fixtures not to exceed 30 ft.
in height and containing 40OW metal halide lamps.
4. John F. Shearer is the record owner of the property (warranty deed in Volume
109, Page 487 of the city land records). The property is identified as Tax Parcel
1540 01675 C.
5. The subject property contains 12.10 acres and is located in the Commercial 2
(C2) District on the corner of Bartlett Bay Road and Shelburne Road. The subject
property, or portions thereof, also falls within the Bartlett Brook Watershed
FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
Protection (BBW) and Traffic (Zone 5) Overlay Districts and within the
Conservation and Open Space (CO) District.
CONCLUSIONS
DIMENSONAL REQUIREMENTS
The proposal complies with the minimum lot size, frontage, setback, and
maximum building and total coverage requirements of the C2 District.
2. Section 25.107 of the zoning regulations 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 proposed Shelburne Road front yard coverage
prior to the State of Vermont taking for the Shelburne Road widening project is
63.1 %. This is slightly less than the existing coverage of 63.5%. After the State of
Vermont taking for Shelburne Road, the proposed Shelburne Road front yard
coverage is 77.0%. This increase is not a result of the applicant's proposal.
Therefore, the DRB considers the proposed coverage as an existing condition of
the lot. Furthermore, the Bartlett Bay Road front yard coverage will decrease from
34.8% to 31.1 % as a result of the proposal. This is an improvement to an existing
nonconforming situation.
3. Pursuant to Section 25.00 of the zoning regulations a 30 ft. minimum buffer strip
around the perimeter of any PUD is required within the C2 District. The plans
show a minimum 7 ft. buffer strip. This is an existing condition, which remains
unaffected by the current proposal.
SITE DESIGN ISSUES
Pedestrian & Vehicular Access.
4. 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. This is closer to the Magic Hat Brewery curb cut on the north side Bartlett
Bay Road, but not directly across from it. The easterly 43 ft. Bartlett Bay Road curb
cut will be replaced with a 24 ft. curb cut west of the existing and directly across the
road from the Jiffy Lube curb cut. The DRB concludes 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 Section 26.254
of the zoning regulations.
5. A new sidewalk as part of the Shelburne Road widening project is shown on the
plans. No sidewalk is shown along Bartlett Bay Road. The DRB concludes that
this is adequate for this location.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
Circulation.
6. Vehicular circulation appears to be two-way throughout the site. Parking aisles for
90 degree parking must be 24 ft. wide according to Section 26.251 of the zoning
regulations. All parking is at 90 degrees from the parking aisles, but the plans show
the aisles to be 20 ft. wide. However, because the parking spaces have depths of
20 ft. rather than the minimum required 18 ft. pursuant to Section 26.251 of the
regulations, the parking aisles are essentially 24 ft. wide, and therefore comply with
the regulations.
Parking.
7. Pursuant to Section 26.252 of the zoning regulations, the number of off-street
parking spaces shall be 1 per 500 ft.2 gross floor area (gfa) for automobile sales
and service. For the proposed 74,896 ft.2 gfa, 150 parking spaces are required.
The Site Plan shows 167 parking spaces, including 6 reserved handicapped
parking spaces as required by Section 26.253(a) of the zoning regulations.
8. Pursuant to section 26.253(b), bicycle parking shall be provided for employees
and the visiting public. A bike rack is provided near the main entrance to the
primary building.
Landscaping, Screening & Outdoor Lighting.
9. The applicant has estimated that construction will cost $1,100,000. Based on the
requirements of Section 26.105 of the zoning regulations, minimum planting costs
for the project must meet or exceed $18,500. Sheet 3 of the applicant's plans
shows 55 two inch caliper Honey Locust trees to be planted on the site. The DRB
concludes that the proposed landscaping plan exceeds the minimum required
costs. However, as noted by Public Works Arborist Craig Lambert, at least 3
different species of trees should be used to reduce the risk of failure due to disease
or insect infestation.
10. Mr. Lambert has indicated that additional trees should be planted along the
northerly property line. Honey Locusts have a mature crown spread of 35' to 45'
and should be planted at least 35' to 45' on center. The plans show that several of
the proposed trees along the easterly property line are closer together than 35' and
some of these trees could be relocated near the northerly property line.
11. Mr. Lambert has indicated that several trees proposed in the vicinity of a stone
swale should be relocated to provide adequate area for root growth. Recommended
root space for Honey Locusts is 18' x 18' x 3'; therefore, trees should be located at
least 9' from the stone lined swale and Honey Locusts proposed within the parking
area should be replaced with a smaller species such as crabapple.
12. The plans show that all outdoor recycling and trash containers are screened from
view by fencing. However, no details are provided. The plans should be revised to
indicate the type and height of proposed fencing.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
13. The applicant recently received approval for replacement of existing pole lighting
along Shelburne Road with Greenbriar fixtures not to exceed 30 ft. in height and
containing 40OW metal halide lamps. The lighting plans show the same
Greenbriar fixtures, mounted 1 to 4 per 26' pole will be installed throughout the
parking lot. In addition to the pole lighting, a number of Gardco wall mounted
sconces are proposed at 11', 14' and 18' on the existing primary building, the
building additions, and the new building. The lighting analysis shows the
perimeter of the paved area to be illuminated at a footcandle of approximately
1.00. The average illuminance on the paved portions of the site is 2.98
footcandles between a range of 7.18 and 1.02 footcandles and with a uniformity
ratio (ratio of the average to minimum illuminance) of 2.92. These levels are
within limits suggested for exterior sales and display areas in the Outdoor
Lighting Manual for Vermont Municipalities.
Traffic Generation.
14. The calculation of impact fees will be based on increased trip generation for the
site. According to data provided by the Institute of Transportation Engineers
(ITE), new car sales (including service, parts sales, and used car sales) generate
2.8 average vehicle trip ends per 1,000 sq. ft. of floor area per weekday PM peak
hour of an adjacent street. The subject property contains an existing primary
structure with 44,596 sq. ft. gfa. A second structure containing 3,942 sq. ft. gfa is
proposed to be removed. Three additions to the primary structure and a new
building are proposed for a total gfa of 74,896 sq. ft. This is a net increase of 26,358
sq. ft. Based on ITE data, approximately 210 trips per weekday PM peak hour of
an adjacent street would be generated by the uses on the site. The proposed net
increase in gfa results in an increase of approximately 74 trips per weekday PM
peak hour of an adjacent street.
15. The subject property falls within Zone 5 of the Traffic Overlay District. According to
Section 21.303 of the zoning regulations, the subject property shall generate no
more than 592 vehicle trips per PM peak hour of the adjacent street. In addition,
pursuant to Section 21.40 of the zoning regulations, the maximum allowable size of
the new car sales use on the subject property shall be 226,643 sq. ft. The proposal
falls within the traffic and size limits allowed.
PUD REVIEW STANDARDS
Pursuant to Section 26.15 of the zoning regulations, PUDs shall comply with the following
standards and conditions:
(a) Will not result in undue water or air pollution. In making this determination
the DRB shall at least consider (1) the availability and capacity of municipal
sewer facilities or the nature of soils and subsoils and their ability to support
waste disposal adequately, (2) the elevation of land above sea level and in
relation to floodplains, (3) protection of ground and surface water through
appropriate vegetative buffers and retention structures, and (4) all applicable
State of Vermont regulations.
16. The proposal does not involve on -site wastewater treatment, and there is adequate
municipal sewer capacity to service the expansion. The subject property does not
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FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
lie in a floodplain and a stormwater treatment system including a detention basin
with forebay is proposed. The applicant will need to obtain a state stormwater
permit, and the approval of the Vermont Department of Labor and Industry.
17. Prior to final approval and pursuant to Condition #5 of the preliminary plan approval
dated June 12, 2001 and Section 23 of the zoning regulations, the applicant shall
submit plans to Heindel & Noyes for incorporation into the city's stormwater and
hydrology computer model. In addition, the final plans must incorporate any
recommendations resulting from the Heindel & Noyes study.
(b) Will have sufficient water available for the foreseeable needs of the
development.
18. South Burlington Water Superintendent Jay Nadeau has reviewed the plans and
provided a number of comments in a letter dated December 12, 2002. The DRB
concludes that Mr. Nadeau's comments should be incorporated as conditions of
final approval.
(c) Will not cause unreasonable soil erosion or reduction in the capacity of the
land to hold water so that a dangerous or unhealthy condition may result.
19. In addition to the stormwater drainage details, the plans include acceptable details
of erosion control measures to be used during and after construction.
(d) Will not cause unreasonable highway congestion or unsafe conditions with
respect to the use of highways, existing or proposed.
20. The projected increase in traffic generation by the proposal is within that allowed for
Zone 5 of the Traffic Overlay District. In addition, some safety improvement will
result from the proposed relocation of the Bartlett Bay Road curb cuts.
(e) Will not cause an unreasonable burden on the ability of the city to provide
educational services or facilities.
21. This is a commercial development, which will not burden municipal educational
services or facilities.
(� Will not cause an unreasonable burden on the ability of the city to provide
municipal or governmental services and facilities.
22. The proposed expansion will not burden municipal services or facilities.
(g) Will protect important natural resources, including streams, wetlands, scenic
views, wildlife habitats, and special natural features.
23. The proposed development avoids impacts to the Conservation and Open Space
(CO) District occurring in the southwesterly corner of the subject property. As
permitted by Section 3.203 of the zoning regulations, portions of the stormwater
system are located within the CO District. Other than this corner of the property,
there is little that can be considered wildlife habitat or natural features to be
protected.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
(h) Will not have an undue adverse effect on the scenic or natural beauty of the
area, is aesthetically compatible with surrounding developed properties and
will protect rare and irreplaceable natural areas and historic sites.
24. No rare or irreplaceable natural or historic sites are known to occur on the subject
property. In addition, the proposed development is in keeping with adjacent
commercial development.
(i) Will provide convenient allocation and distribution of common space in
relation to proposed development and will conform to the city's recreation
plan.
25. The proposed expansion involves a single commercial entity on a single lot. No
common space is proposed. The proposal does not conflict with the city's recreation
plan.
Q) INII provide efficient layout and high -quality installation, construction, and
maintenance of public facilities and conform to the city's street and utility
plan.
26. No public facilities are included as part of the proposed expansion project.
(k) Will provide for cooperation with adjoining properties in the extension of
roadways, drainage facilities, and utility lines.
27. The applicant has provided significant portions of the subject property to the city in
the form of a stormwater treatment system easement as shown on the final plat. In
addition, the applicant is relinquishing a portion of the easterly frontage of the
subject property to the State of Vermont for the Shelburne Road widening project.
(1) Will conform to the city's Comprehensive Plan.
28. The Comprehensive Plan cites the Shelburne Road corridor for infill growth of
existing commercial uses. The Comprehensive Plan recommends development
within the commercial corridors "which promotes improved aesthetics, public
transportation and traffic improvements, and pedestrian amenities." The proposal is
in keeping with Shelburne Road widening plans as discussed in the 2001
Comprehensive Plan and provides some access improvements on Bartlett Bay
Road and aesthetic improvements with landscape plantings.
29. The Comprehensive Plan prioritizes finding a suitable remedy to Bartlett Brook
Watershed erosion problems. The applicant has cooperated with the city to this end
and the proposed expansion includes stormwater treatment and erosion control
plans. The Comprehensive Plan also encourages stormwater runoff modeling and
inventory of stormwater facilities in an effort to improve water quality. Accordingly,
the applicant must submit stormwater plans to Heindel & Noyes for inclusion in the
City's stormwater model and database.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
DECISION
MOTION by Gayle Quimby, seconded by Roger Farley, to approve final plan application
#SD 02-79, subject to the following conditions:
All previous approvals shall remain in effect except as amended herein.
2. This project shall be completed as shown on the plans dated May 14, 2001, last
revised on December 2, 2002, as amended by this decision and on file in the
Department of Planning & Zoning.
3. Any new exterior lighting shall consist of downcasting fixtures, and any change to
the approved lighting plan shall require the approval of the Director of Planning
and Zoning prior to installation.
4. For the purpose of calculating road impact fees under the South Burlington
Impact Fee Ordinance, the DRB estimates that the proposal will generate an
increase of 74 trips per weekday PM peak hour of an adjacent street.
5. The final plat must be recorded in the office of the city clerk within 90 days of this
approval. Prior to recording, the final plat must be endorsed by the DRB.
6. Prior to endorsement of the final plat, the Heindel & Noyes report on the proposed
stormwater system must be complete.
7. Prior to endorsement of the final plat and within 60 days of this decision, the
applicant must submit three (3) full sets of plans, which must be revised as
follows:
a. The plans shall be revised to indicate the type and height of fencing
proposed to screen dumpsters and recycling containers.
b. The plans shall include a planting detail for plantings in paved areas
showing adequate soils.
C. The plans shall incorporate any recommendations of the Heindel & Noyes
report on the proposed stormwater facility.
8. Prior to endorsement of the final plat and within 60 days of this decision, the
landscaping plans shall be revised as follows:
a. At least three tree species shall be planted.
b. Trees shall be located to allow adequate rooting space.
C. Additional or relocated trees shall be planted on the northerly side of the
property.
9. Minimum planting costs for the project must meet or exceed $18,500. Prior to the
issuance of a zoning permit, the applicant shall post a landscape bond. The bond
shall remain in effect for three (3) years to guarantee survival of all plantings.
10. The applicant must meet the requirements outlined by Water Superintendent Jay
Nadeau in his letter dated December 12, 2002.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
SHEARER CHEVROLET PUD - #SD 02-79
11. The applicant shall obtain a certificate of occupancy/compliance from the
Administrative Officer prior to the use of the new building or building additions.
12. Pursuant to Section 509 of the subdivision regulations, no changes, erasures,
modifications, or revisions shall be made on the final plat without DRB approval.
In the event that such subdivision plat is recorded without complying with this
requirement, the plat shall be considered null and void.
Chuck Bolton —yea/nay/abstain
John Dinklage —yea/nay/abstain
Roger Farley —yea/nay/abstain
Larry Kupferman —,yea/nay/abstain
Gayle Quimby —yea/nay/abstain
MOTION CARRIED by a vote of 5-0-0.
Signed this day of2003, by
/inklage, Chair
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