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HomeMy WebLinkAboutSP-17-34 - Decision - 1775 Shelburne Road#SP-17-34 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 1775 SHELBURNE ROAD, LLC-1775 SHELBURNE ROAD SITE PLAN APPLICATION #SP-17-34 FINDINGS OF FACT AND DECISION Site Plan application SP-17-34 for the construction of a 15,030 square foot retail building, 1775 Shelburne Road. The Development Review Board held a public hearing on June 20, and July 18, 2017. The applicant was represented by Dave Marshall. Based on the plans and 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, 1775 Shelburne Road, LLC; is seeking site plan approval to construct a 15,030 square foot retail building, 1775 Shelburne Road. 2. The owner of record of the subject property is 1775 Shelburne Road, LLC. 3. The application was received on May 24, 2017. 4. The property lies within the Commercial 2 Zoning District. 5. The plans submitted consists of a 26 page set of plans, page one (1) is entitled "Harbor Freight 1775 Shelburne Road South Burlington, VT Overall Site Plan" prepared by Civil Engineering Associates, Inc., and dated May, 2017, and page four (4) is entitled "Harbor Freight 1775 Shelburne Road South Burlington, VT Proposed Conditional Site Plan" prepared by Civil Engineering Associates, Inc., dated May, 2017 and last revised June 21, 2017. 6. Zoning District & Dimensional Requirements: Industrial -Commercial Zoning District Required Proposed Min. Lot Size 40,000 S.F. 95,832 S.F. Max. Building Coverage 40% 15.5 % Max. Overall Coverage 70% 54.1 Max. Front Yard Coverage 30% 15.9 Min. Front Setback 50 ft 50ft. Min. Side Setback 10 ft. lift. Min. Rear Setback 30 ft. 78 ft. Max. Building Height 35 ft. 21 ft. 10 in. Zoning Compliance #SP-17-34 Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. This area is planned for "medium to higher intensity — mixed use" in the 2016 City of South Burlington Comprehensive Plan. According to the plan, "these lands are intended to be the most compact and most intensely developed in the City and support employment. Infrastructure is efficient, and transportation is emphasized towards access to transit, pedestrians and cyclists." The Board considers the proposed building and use to be consistent with the Comprehensive Plan. B. 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. The site slopes downward from Route 7, making it difficult to integrate the building into the streetscape. The applicant states that the building is as close to Route 7 as possible while providing a stable transition from the existing sidewalk to the building. The proposed building and the current sidewalk are proposed to be connected by a switchback walkway. The walkway has a slope of 5% or less and therefore complies with accessibility requirements. In response to the Board's request at the hearing on 6/20/17, the applicant has added a staircase connecting Route 7 to the Store Entry. This addition can be seen on the site plans and Sheet C4.6. The Board considers this criterion met. 2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. Parking is located to the side of the building. A total of 63 parking spaces, including three (3) handicapped spaces, and a bike rack are available for the future uses. This represents a waiver of 17% of the required total. Up to a 25% waiver is allowed by the South Burlington Land Development Regulations. The Board will grant this waiver and considers this criterion to be met. (b) N/A (c) N/A (d) N/A (3) 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 anticipated adjoining buildings. The proposed building is 21 feet 10 inches high. This site currently does not have any buildings, and no other buildings are proposed, but the building will be compatible with adjoining properties. The Board considers this criterion to be met. (4) Newly installed utility services and service modifications necessitated by exterior alterations 2 #SP-17-34 or building expansion shall, to the extent feasible, be underground. The plans indicate that new utility services will be located underground. The Board considers this criterion to be met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Only one building is proposed for the site. As noted above, the applicant has submitted a landscaping plan. The City Arborist submitted comments on the landscaping plan in an email dated 6/20/17. He requested that Tree Planting Details and Specifications be included. This additional information was included in plans revised on 6/21/17. The Board considers this criterion to be met. (2) 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. As noted above, the proposed building is located on a lot that slopes downward from Route 7. The addition of a walkway from the street to the building helps integrate it into the streetscape. Windows and an entry have been installed on the fa4ade facing the street, and it appears that landscaping will screen the part of the street facing side of the building without windows. In response to Board comments, the applicant has submitted an updated exterior elevation plan which includes four (4) double windows with spandrel glazing on the north facade, which can be seen on Sheet A-2.1. The Board considers this criterion to be met. 14.07 Specific Review Standards A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The applicant has indicated the presence of a permanent 20' wide construction easement connecting the property's stormwater pond to Bartlett Brook. The easement will include a 15" HDPE discharge pipe. Additionally, the applicant has indicated a 24' reserved future connective access to 1693 Shelburne Road, extending from the north side of the parking lot. The Board considers this criterion met. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The plans indicate that all new utility services will be located underground. However, overhead utility lines run along Route 7 currently, and a utility pole is currently located in the northeast corner of the property. The applicant proposes to relocate that utility pole to the southeast corner of the property and does not 3 #SP-17-34 propose to bury these lines. The Board considers this criterion to be met. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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). Small receptacles intended for use by households or the public fie, non-dumpster, non -large drum) shall not be required to be fenced or screened. The plans show a dumpster pad and enclosure with opaque fencing at the rear of the parking lot. The Board considers this criterion to be met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The applicant has submitted a landscape plan detailing new plantings along the front of the lot, around the parking lot and in parking lot islands, screening the dumpster enclosure and HVAC units, and behind the stormwater forebay. Section 13.06(B) (1) states that "the one purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties." The landscaping plan was changed to include more trees between the building and the road. In response to the comments of the City Arborist, a typical detail sheet and specifications were added to the plans, and can be seen in Sheet C4.7. Section 13.06(B)(4)b requires that "At least major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five parking spaces... Trees shall be placed a minimum of thirty feet apart."There are 63 parking spaces currently proposed, meaning that 13 trees are required (63/5 = 12.6, rounded up). There are currently 13 trees proposed. The Board considers this criterion met. Additionally, 10% of the parking lot's total area is provided as landscaped islands. The Board considers this criterion met. The islands within the parking lot are proposed to be curbed. The side of the parking lot facing the street and the driveway are curbed, as is the edge of the parking lot adjoining the building. However, the rest of the parking lot is not curbed. The Board considers this criterion met. Building construction cost is estimated at $750,000. Required minimum landscaping is calculated as follows: First $250,000 x 3% = $7,500 Next $250,000 x 2% = $5,000 Balance over $500,000 x 1% = $2,500 Minimum required landscaping budget = $15,000. The applicant has proposed $15,190 in landscaping. The landscaping budget requirement is met. E. Modification of Standards. No waivers are required. #SP-17-34 STORMWATER In an email to staff dated July 14, 2017, the Stormwater Section provided the following comments to staff: This project is located in the Bartlett Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). Also, the project proposes to create greater than 1 acre of impervious area and disturb greater than 1 acre of land. It will therefore require a stormwater permit and construction permit from the Vermont DEC Stormwater Division. The applicant should acquire these permits before starting construction. 2. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. The Board considers this criterion to be met and finds that the comments from the stormwater section shall be adhered to. Trip Generation Initial discussions with the Board determined that no existing Land Use Category within the ITE Trip Generation Manual adequately estimates the PM peak hour trips for the proposed use. The applicant commissioned a traffic study of another Harbor Freight store in Amsterdam, New York to determine the AM and PM VTE characteristics. This study showed 49 PM peak hour VTEs at the store. As the store studied is larger than the store proposed by the applicant, the applicant has prorated the VTEs to determine that the proposed store would yield 38.4 PM peak hour VTEs. The applicant believes that the ITE land use codes of hardware store and building materials store are not appropriate for this project, as this store does not sell "common everyday items." Based on this information, the applicant proposes that 39 PM peak hour VTEs be assigned for this project. The Board considers the applicant's traffic numbers to represent a reasonable comparable to the proposed retail building. This parcel is located within the Traffic Overlay Zone 3 which would allow this property to generate a maximum of 107.8 PM peak hour vehicle trip ends. All of the above classifications would be below this figure. Access Because the parcel will access Route 7, a copy of a Letter of Intent from VTrans has been provided by the applicant. Lighting Section 13.07 of the Land Development Regulations discusses exterior lighting and states that: A. General Requirements. All exterior lighting for all uses in all districts except for one family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in #SP-17-34 Appendix D. "Source of light" shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. Cut sheets for the proposed light fixtures meet the requirements of Appendix D for minimizing glare and light trespass, and are downcast and shielded. The lighting plan submitted shows fixtures throughout the property. The Board considers this criterion to be met. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: 1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. The fixtures in the parking lot will be placed on the parking lot islands. The fixtures are located at intervals ranging from 60-110 feet apart. These fixtures will be mounted 20 feet above the ground. The distance between the fixtures is acceptable, and the Board considers this criterion met. 2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. The lighting plan indicates that light trespass will be minimal. The Board considers this criterion to be met. 3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. 4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. 5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. No poles are greater than 20 feet of height, and the Board considers this criterion to be met. STRETCH ENERGY REQUIREMENTS The Board notes that all new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. OTHER Entries The DRB will include as a condition that the applicant must allow access through both the front and side #SP-17-34 doors during open hours. Bicycle Racks The applicant indicated at the public hearing that they would revise the plans to show two "Inverted U" style bicycle racks to be consistent with City standards. DECISION Moved by Matt Cota, seconded by John Wilking, to approve site plan application #SP-17-34 of 1775 Shelburne Road, LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to permit issuance, the applicant must post a $15,000 landscaping bond. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 4. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 5. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 7. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the building will generate 39 additional vehicle trip ends during the P.M. peak hour. 8. The site plan must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plan must be submitted to the Administrative Officer prior to permit issuance. a. Replace the bike rack style shown with a minimum of two "Inverted U" style racks, to be affixed to a solid surface. 9. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 10. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the building. #SP-17-34 12. All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 13. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 7 -0 - 0. Signed this 19 day of July 2017, by Bill Miller, Chair 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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist. N.