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HomeMy WebLinkAboutZP-24-07 - Decision - 0793 Shelburne Road#SP-24-07 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PHOENIX2, LLC – 793 SHELBURNE ROAD SITE PLAN APPLICATION #SP-24-07 FINDINGS OF FACT AND DECISION Phoenix2, LLC, hereinafter referred to as the applicant, is seeking reapproval to amend a previously approved plan for an existing service station. The amendment consists of: 1) adding convenience retail use, 2) constructing a 600 sf addition to a 1961 s.f. building, 3) removing 2 fueling positions and 4) associated site improvements, 793 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 reapproval to amend a previously approved plan for an existing service station. The amendment consists of: 1) adding convenience retail use, 2) constructing a 600 sf addition to a 1961 s.f. building, 3) removing 2 fueling positions and 4) associated site improvements, 793 Shelburne Road. 2. The owner of record of the subject property is Phoenix2, LLC. 3. The subject property is located in the Commercial 1 – Residential 15 (C1-R15) zoning district. It is located in the Urban Design Overlay district, as well as the Traffic and Transit Overlay districts. 4. The application was received on February 16, 2024. 5. The plans submitted consist of: Sheet No. & Title Prepared By Last Revised Date C-1 Proposed Site Plan Ruggiano Engineering 11/6/2023 A-3.1 Proposed Elevations G4 Design Studios 08/30/2023 6. The project previously received approval #SP-23-022 but that approval expired. The application materials for this approval have been updated to address conditions of that approval and feedback from the Fire Marshal’s Office pertaining to fire code. DIMENSIONAL REQUIREMENTS Commercial 1-R15 Zoning District Required Existing Proposed @ Min. Lot Size 40,000 S.F. 15,518 sf No change  Max. Building Coverage 40% 8% 13 %  Max. Overall Coverage 70% 71.3% 69.7 % @ Max. Front Yard Coverage, Shelburne Rd 30% 94.7% 86.0% @ Max. Front Yard Coverage, Queen City Park Rd 30% 67.2% 48.2% # Min. Front Setback 20 ft -5 ft No change  Min. Side Setback 10 ft. 27 ft 21 ft  Min. Rear Setback 30 ft. N/A N/A  Max. Building Stories 5 1 1 #SP-24-07 - 2 -  Zoning Compliance @ Preexisting nonconformity # Existing canopy overhangs Shelburne Road 5.01 Commercial 1 - C1 Retail sales is a permitted use in the C1-R15 zoning district. Service station is a prohibited use governed by 3.15 Nonconformities. The use may continue so long as it complies with the conditions of that section. The applicant is proposing to reduce the nonconformity by removing one fuel pump (two fueling positions). 10.01 Traffic Overlay District The project is located in the Traffic Overlay District Zone 1, which limits PM peak hour vehicle trip ends to 15 per 40,000 sf of land area. The subject 15,518 sf parcel would therefore be limited to 5 PM peak hour trips. However, 10.01H(2) provides that “in the event that the existing peak hour trip generation of the uses presently authorized and operating on the site exceeds the maximum allowable traffic budget for the site including credits, the existing peak hour trip generation shall be the maximum allowable for the site.” The applicant has submitted a trip generation memorandum, prepared by VHB and dated November 7, 2022 which estimates the existing trip generation to be 111 PM peak hour vehicle trip ends. Under proposed conditions with the removal of two fueling positions, a 600 sf building addition, and conversion of use from automobile service and repair to retail, the site would generate either 111 pm peak hour vehicle trip ends or 96 pm peak hour vehicle trip ends, depending on calculation methodology. The applicant has not exceeded the existing authorized peak hour trip generation, therefore no mitigation or traffic impact fees are required. 10.05 Urban Design Overlay District (UDO) The property is located within the Urban Design Overlay district. The applicant is proposing to fully alter the primary building façade, therefore the entry and glazing standards of the urban design overlay apply. Since 50% or less of all load bearing elements of the building are proposed to be altered, the remainder of the urban design overlay standards do not apply. Buildings in the urban design overlay must have at least one operable entry facing the primary road in the corridor which serves architecturally as a principal entry. It must have a direct walkway to the primary road. The applicant has provided a principal operable entry. A paved connection is provided to the street, though the Administrative Officer finds insufficient site changes are proposed to require construction of a dedicated pedestrian access between the primary entry and the street. A minimum of 75% glazing must be transparent, must extend across a minimum of 40% of the building width and must be at least 7 ft tall. The proposed glazing is 7-ft tall and extends across roughly 75% of the building façade. The Administrative Officer finds the applicable criteria of the Urban Design Overlay District to be met. SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 14.06 General Standards A. Relationship of Proposed Structures to the Site #SP-24-07 - 3 - (2) Parking Parking must be located to the rear or sides of buildings, except in limited circumstances, including parking necessary to meet minimum requirements of the Americans with Disabilities Act, and for lots containing one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s). The applicant has proposed four (4) parking spaces. All four parking spaces are located to the front of the existing building relative to the front facing Queen City Park Road, and two of the spaces are located to the front of the existing building relative to Shelburne Road. The administrative officer finds that the proposed parking is the minimum necessary, and is either to meet ADA requirements or cannot be accommodate to the rear and sides of the existing building to be reused. 14.07 Specific Review Standards H. Utility Services The applicant has indicated the existing wastewater demand is 1,039 and the proposed wastewater demand is 789. The Administrative Officer finds that since the wastewater flow is proposed to go down, no additional allocation is needed. I. Disposal of Wastes The applicant is proposing a 6-ft high wood or screened dumpster enclosure to the south of the building with a chain link fence with privacy slats. The Administrative Officer finds this criterion met. 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards C. Convenience Store in Conjunction with a Gasoline Filling Station / Service Station A service station that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use, subject to the following: In the C1 zoning district, retail is a permitted use, therefore review under these standards is not applicable. However, were these criteria applicable, the Administrative Officer would make the following findings. (1) The proposed convenience store shall be an accessory use located on the same lot as primary use service station. The convenience store is classified as retail and is permitted by right. (2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre- packaged foods for personal or household consumption. There are no restrictions placed on the type of goods sold at a permitted retail establishment. (3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square feet. The lot is existing and no change is proposed. Permitted uses are not restricted to conforming lots. (4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100) feet on an arterial road. The lot has 115 ft of frontage. #SP-24-07 - 4 - (5) Hours of operation. The consumer convenience center shall be accessory to the primary use and as such shall be open for business during the same hours as the pumping operation of the service station. Were these criteria applicable, such a condition would be included in the decision on this application. (6) Parking. Where parking is located near a residential district boundary, the applicant shall provide landscaping, and/or fencing or screening in the mandatory setback. The property is not located near a residential district boundary. The applicant is providing landscaping between the retail use and the adjoining multifamily residential site. (7) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the proposed lighting plan will adequately light the store exterior and related parking area and will not shed light onto abutting residentially zoned land. No lighting changes are proposed. OTHER STANDARDS 13.03 Bicycle Parking & Storage For the proposed 1,961 sf building, four short-term bicycle parking spaces are required. Since this is the first application since adoption of bicycle parking standards, the applicant may propose and install 50% of the required number of bicycle parking spaces, or two spaces. The applicant has proposed to install a single inverted-U type bicycle parking rack north of the building. 13.04 Landscaping, Screening & Street Trees The applicant has indicated the value of the proposed building addition is $250,000, requiring a minimum of $10,000 in trees and shrubs. The applicant has proposed $13,276.80 in trees and shrubs, and has included a variety of species. The Administrative Officer finds this criterion met. B(7) Snow Storage The applicant has indicated snow storage will be located north of the building and away from proposed landscaping areas. C. Screening or Buffering Landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) is required when a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped. The applicant has proposed to remove pavement and provide landscaping along Queen City Park Road and has proposed five evergreen trees along the southern property line where the property abuts a residential use. The Administrative Officer finds this criterion met. 13.07 Exterior Lighting The applicant has indicated no changes to existing exterior lighting are proposed. The Administrative Officer finds all exterior lighting must be downcast and shielded. 13.13 Signs Signs are subject to the City Sign Ordinance. 24 VSA 4416 The applicant has received a letter of intent from VTrans dated April 20, 2023. #SP-24-07 - 5 - DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-224-07 of Phoenix2, LLC, 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. 3. The Administrative Officer concurrently issues zoning permit #ZP-24-013. 4. The applicant has posted a $11,638.40 landscaping surety for $13,276.80 in plantings. $11,638.40 represents the required surety in accordance with the methodology in LDR 17.15B. This surety must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the 600 sq.ft. addition. 6. 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. 7. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9. 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. 10. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 11. Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this 28 day of February, 2024 by Marla Keene, 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 802.477.2241 to speak with the regional Permit Specialist.