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HomeMy WebLinkAboutSP-23-025 - Decision - 0935 Shelburne Road#SP-23-025 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARTIN’S FOODS OF SOUTH BURLINGTON, LCC – 935 SHELBURNE ROAD SITE PLAN APPLICATION #SP-23-025 FINDINGS OF FACT AND DECISION J.M. Lord, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 107,650 sq. ft. shopping center. The amendment consists of amending the landscaping plan to replace existing ginkgo trees with locust trees, and several minor site alterations, including: 1) modifications to the front sidewalk and adjacent pedestrian crosswalks, including changes to the sidewalk bollards, the addition of shopping cart storage, a flag pole and a picnic table, and the relocation of bike racks; and 2) modifications to the rear of the site, including the addition of an electrical transformer, emergency generator, electric cabinet, compactor, loading dock slab with retaining walls and a roof overhang, 8’ tall fence enclosure around the compost bins, and a rear inter-suite concrete walkway, and the replacement of asphalt pavement with crushed stone, 935 Shelburne 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 previously approved plan for a 107,650 sq. ft. shopping center. The amendment consists of amending the landscaping plan to replace existing ginkgo trees with locust trees, and several minor site alterations, including: 1) modifications to the front sidewalk and adjacent pedestrian crosswalks, including changes to the sidewalk bollards, the addition of shopping cart storage, a flag pole, and a picnic table, and the relocation of bike racks; and 2) modifications to the rear of the site, including the addition of an electrical transformer, emergency generator, electric cabinet, compactor, loading dock slab with retaining walls and a roof overhang, 8’ tall fence enclosure around the compost bins, and a rear inter-suite concrete walkway, and the replacement of asphalt pavement with crushed stone, 935 Shelburne Road. 2. The owner of record of the subject property is Martin’s Foods of South Burlington, LLC. 3. The complete application was received August 30, 2023. 4. The property lies within the Commercial 1-Residential 15 Zoning District, the Transit Overlay District, and Zone 1 of the Traffic Overlay District. 5. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C-2.00, Proposed Site Plan VHB 7/18/2023 L-1.01; Planting Plan VHB 7/13/2023 C-1.02; Planting Plan Enlargements VHB 7/13/2023 #SP-23-025 2 ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions C1-R15 Zoning District Required Existing Proposed  Min. Lot Size 40,000 S.F. 11.2 acres No change  Max. Building Coverage 40% 21% 21% (increase of 444 sf) * Max. Overall Coverage 70% 86% No change * Max. Front Yard Coverage 30% 68% No change  Min. Front Setback 30 ft >30 ft No change  Min. Side Setback 10 ft. >10 ft. No change  Min. Rear Setback 30 ft. >30 ft. No change  Max. Building Height 35 ft. (flat) <35 ft. No change  Zoning Compliance * Pre-existing condition 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, commercial uses have a short-term bicycle parking requirement of one space per 5,000 square feet GFA. This property includes 107,650 square feet of shopping center use, which requires a total of 22 short-term bike parking spaces. The property currently has 20 short- term bike parking spaces. The applicant is proposing to install 4 additional short-term bike parking spaces, bringing the total number of short-term bike parking spaces on the property to 24, 2 more than the minimum requirement. The bike racks are distributed between the various primary entrances to this building. The applicant is not required to provide any long-term bicycle storage as part of this application. 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 areas are indicated on the site plan. The Administrative Officer finds 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.” The applicant is not proposing to add or replace exterior lighting fixtures; no exterior lighting impacts are proposed as part of this application. As such, the Administrative Officer finds this criterion met. 14.07 Specific Review Standards C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. #SP-23-025 3 The subject property has a compactor instead of dumpsters – as such, no dumpster screening requirements are applicable to this project. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The subject property was previously approved to have 104 trees spread throughout the parking area, including in the parking islands and along the front of the building and roadways. The proposed landscaping plan does not alter the number or location of these trees. The applicant is proposing to replace the 17 existing ginkgo trees along the front of the building, on the west side of the parking area, with locust trees, which are more heat tolerant. Landscaping budget: Based on a total estimated project cost of $5,450,000, the minimum landscaping value was previously approved as $62,000. The applicant was previously approved to install a $118,364 worth of landscaping, including the gingko trees which are now proposed to be replaced. The difference in cost between the previously approved gingko trees and the proposed locust trees is $643.00 at the time of application approval – as such, the new value of the landscaping features on the site of $117,721 is still well above the minimum landscaping budget. Landscaping within parking areas: The proposed project will continue to incorporate 10% of the parking areas as landscaped features, as previously approved. The Administrative Officer finds the minimum landscaping and tree requirements to be met. Vehicle Trip Generation The proposed site changes do not constitute a change of use for this shopping center and will not increase the trip generation of the existing use. As such, the Administrative Officer finds that the proposed site changes do not represent a vehicle trip generation impact. Water & Wastewater The proposed site changes do not constitute a change or increase in the estimated water or wastewater allocations for this property. As such, the Administrative Officer finds that the proposed site changes do not represent a water or wastewater impact. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-025 of J.M. Lord, 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 and shall be on file in the South Burlington Department of Planning and Zoning. #SP-23-025 4 3. The Administrative Officer concurrently issues Zoning Permit #ZP-23-226. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 6. Any exterior lighting shall 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. No exterior lighting is permitted as part of this application. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the amended features. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this _6th_ day of _September_, 2023 by ____________________________________________ Marty Gillies, Development Review Planner I 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 802.477.2241 to speak with the regional Permit Specialist.