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Home My WebLink AboutSP-23-005 - Decision - 0218 Hannaford Drive#SP-23-005 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TESLA, INC. – 40 FAYETTE ROAD SITE PLAN APPLICATION #SP-23-005 FINDINGS OF FACT AND DECISION Tesla, Inc., hereinafter referred to as the applicant, is seeking to amend a plan for a 46,703 square foot supermarket. The amendment consists of changing the use of all 46,703 sf to automobile sales use and automobile service & repair use and associated minor site improvements, 40 Fayette Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a plan for a 46,703 square foot supermarket. The amendment consists of changing the use of all 46,703 sf to automobile sales use and automobile service & repair use and associated minor site improvements, 40 Fayette Road. 2. The owner of record of the subject property is Southland Enterprises, Inc. 3. The subject property is located in the C1-Auto zoning district. 4. The application was received on February 3, 2023. 5. The plan submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C1-01; Existing Conditions TCE 12/13/2022 C2-01; Overall Site Plan TCE 12/13/2022 C2-02; Site Plan TCE 12/13/2022 Trash Dumpster Enclosure TCE 3/10/2021 A.401a; Exterior Elevation - Renovation Jacobs Engineering Group 1/12/2023 A.401b; Exterior Elevation Jacobs Engineering Group 1/12/2023 6. The subject property is part of a Planned Unit Development (PUD) presently consisting of a 46,703 sf supermarket, a 151,266 sf shopping center (including outdoor garden center), a 3,585 sf bank with drive through service, a 3,014 sf standard restaurant and a 4,116 sf short order restaurant. This application seeks to amend the approved use for the 46,703 sf supermarket and proposes associated renovations of that building’s interior and exterior. The proposed changes to the subject building do not include a subdivision of land or represent a significant impact on the form or function of this PUD #SP-23-005 - 2 - as a whole. As such, this application is being reviewed as a Site Plan amendment, not as a PUD amendment. The subject property remains part of a PUD. ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions No changes affecting compliance with these standards are proposed. SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 13.03 Bicycle Parking and Storage As per Table 13-3, this use has a short-term bicycle parking requirement of one space per 5,000 sf GFA. At 46,703 sf, this building is required to provide ten short-term parking spaces. The applicant is proposing to meet the requirement with the installation of five ‘inverted U’ bike racks to the southwest of the existing building, in proximity to the building entrances on the west and south sides of the building. The five ‘inverted U’ bike racks will provide two short-term bicycle parking spaces each, for a total of ten spaces. The proposed bike racks must adhere to the design guidelines found in Section 13.03.B(2) of the LDRs. The Administrative Officer finds this criterion met. 13.04 Snow Storage Per Section 13.04(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 water.” The snow storage area is indicated on the site plan. The Administrative Officer find this criterion met. 13.07 Exterior Lighting Per Section 13.07.A, exterior lighting “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.” There are no lighting impacts proposed as part of this application. 13.14 Subsurface Sewage Disposal Systems Per section 13.14A, “no building or structure shall be erected or altered” without provision of an “adequate sewage disposal system”. The existing use on the property has an approved wastewater allocation of 4,125 gallons per day. The proposed change of use will result in a total wastewater generation of 2,770 gallons per day, which is below the approved allocation. As such, the proposed change of use does not present any wastewater impacts. 14.07 Disposal of Wastes Per Section 14.07.I, dumpsters “shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s)”. The site plan identifies the location of the proposed dumpsters and includes a detail sheet showing #SP-23-005 - 3 - that the dumpsters will be screened in a manner that meets applicable standards. The Administrative Officer finds this criterion met. Vehicle Trip Generation The proposed use is classified as ‘automobile sales (new)’, or ITE land use code #840, and is estimated to generate 105 PM peak hour vehicle trip ends based on the square footage of the use, which is significantly fewer than the 417 PM peak hour vehicle trip ends generated by a supermarket of the same square footage. As such, the proposed change of use does not present any traffic impacts. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-23-005 of Tesla, Inc., subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan(s) and shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-23-049. 4. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy and/or use of the building. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this 28th day of February, 2023 by Marty Gillies, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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.