HomeMy WebLinkAboutSP-24-10 CU-24-04 - Supplemental - 0017 Reel Road#SP-24-10 & #CU-24-04
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SP-24-10 CU-24-04_17 Reel Rd_Heritage Toyota_SC.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: May 1, 2024
Plans received: April 4, 2024
17 Reel Road – Heritage Automobile Sales, Inc.
Site Plan Application #SP-24-10 & Conditional Use Application #CU-24-04
Meeting date: May 7, 2024
Owner
Larkin Milot Partnership, LLP
410 Shelburne Road
Burlington, VT 05041
Applicant
Heritage Automobile Sales, Inc.
1620 Shelburne Road
South Burlington, VT 05403
Property Information
Tax ID 0675-00010
Commercial 1-Residential 15 Zoning District, Wetland
Advisory Overlay District
Location Map
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PROJECT DESRIPTION
Heritage Automobile Sales, Inc., hereinafter referred to as the applicant, is seeking to amend a
previously approved approximately 40 acre master plan for 551 residential units in housing types
ranging from duplex to mixed-use multi-family, a 110-room hotel, a 22,500 sf restaurant/medical office
building, a 3,500 sf restaurant with a drive through, a 21,380 sf mixed use commercial, and
approximately 5 acres of programmed and passive open spaces. The amendment consists of using 82
parking spots in the existing parking area to the south of the 21,380 sf commercial building as
commercial parking for new and used vehicle inventory for an off-site auto dealer, 17 Reel Road.
CONTEXT
The applicant is proposing to utilize the identified existing parking lot as a ‘commercial or public
parking facility’. Table C-1 of the LDRs identifies ‘commercial or public parking facility’ as a
conditional use in the subject zoning district. Section 14.10.C of the Land Development Regulations
identifies that conditional use permit approval shall be required prior to issuance of a zoning
permit in all districts where such uses are listed as conditional uses in the District Regulations.
Section 14.10.B of the LDRs identifies that, in granting approval for a conditional use, the
Development Review Board may attach such additional, reasonable conditions and safeguards as
it may deem necessary to implement the purposes of these regulations.
The proposed amendment to the subject property to include a ‘commercial or public parking
facility’ necessitates that the project is subject to the review standards for both Site Plans and
Conditional Uses.
PERMIT HISTORY
The Board recently approved master plan #MP-23-01 for this property. Staff has warned this as a
site plan & conditional use application and not a master plan amendment because it is not
inconsistent with site configuration that is approved as phase 1 of the master plan.
COMMENTS
Development Review Planner Marla Keene and Marty Gillies, hereafter referred to as ‘Staff’, have
reviewed the plans submitted on 4/4/2023 and offer the following comments. Numbered items for
Board review are in red.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
C1-R15 Zoning District Required Existing Proposed
Min. Lot Size (non-residential) 40,000 sf 2.2 acres No change
Max. Building Coverage 30 % 22.2% No change
Max. Overall Coverage 60 % 50% No change
Min. Front Setback 30 ft. Not provided No change
Min. Side Setback 10 ft. Not provided No change
Min. Rear Setback 30 ft. Not provided No change
Max Height, flat roof 25 ft. Not provided No change
TABLE C-1 USES APPLICABLE IN ALL ZONING DISTRICTS
The subject property is in the Commercial 1 – Residential 15 Zoning District. This zoning district has
the stated purpose of “encouraging the location of higher-intensity residential, retail, office, and
vertically mixed uses in a manner that serves as or enhances a compact central business area.” This
zoning district permits ‘commercial or public parking facilities’ as a Conditional Use. The LDRs define
a ‘commercial or private parking facility’ as a “A parking area owned by a business establishment,
membership association or organization, place of worship, or similar use and made available by the
owners or occupants for the exclusive use of clients, customers, employees, members, owners,
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tenants, lessees, or occupants of said business establishment, membership association or
organization, place of worship, or similar use. Such commercial or private parking may or may not
exist on the same lot as the principal use”. Staff considers that the proposed use of the subject
parking lot by Hertiage Automobile Sales, Inc., fits within this definition of a ‘commercial or private
parking facility’.
SITE PLAN REVIEW CRITERIA
Pursuant to Section 14.03.A(1)(b) & (c) of the South Burlington Land Development Regulations, the
proposed alteration to the approved site plan, which is also subject to conditional use approval, shall
require site plan approval and shall meet the following standards of Section 14.06:
14.06 General Review Standards
A. 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 DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
Staff considers that the proposed project does not impact compliance with this standard.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street
and, where a prevalent pattern exists, shall continue the manner in which the site’s existing
building foundations relate to the site’s topography and grade.
Staff considers that the proposed project does not impact compliance with this standard.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
Staff considers that the proposed project does not impact compliance with this standard.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within
the area proposed for development.
Staff considers that the proposed project does not impact compliance with this standard.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
Staff considers that the proposed project does not impact compliance with this standard.
(2) Parking.
Staff considers that the parking proposed to be converted to commercial parking meets these
criteria.
(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.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board
shall approve only the minimum necessary to overcome the conditions below.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any
street frontage. This may be calculated separately or cumulatively for corner lots. Parking
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approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a
lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s)
or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be
screened with sufficient landscaping to screen the parking from view of the Interstate.
(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.
Buildings are not proposed to be impacted; therefore Staff considers that the proposed project does
not impact compliance with this standard.
B. 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.
Buildings are not proposed to be impacted therefore Staff considers that the proposed project does
not impact compliance with this standard.
(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.
The applicant is not proposing to add any structures. Staff considers that the proposed project does
not impact compliance with this standard.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation
of principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features
that define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side
and back yard areas through context sensitive design.
C. Site Amenity Requirement.
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by
Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to
residential use.
This project does not meet any of these three criteria; as such, there is no Site Amenity
requirement associated with this project.
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14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall
apply:
A. Environmental Protection Standards
All proposed development shall be subject to the applicable requirements of Article 12,
Environmental Protection Standards.
No protected natural resources are located within the project area.
B. Site Design Features.
All proposed development shall comply with standards for the placement of buildings, parking and
loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable
standards related to site design pursuant to these Land Development Regulations.
No changes to landscaping and screening, open space, or lighting are proposed.
C. Access and Circulation.
All proposed development shall comply with site access and circulation standards of Section
15.A.14.
Staff considers this criterion unaffected by the proposed project.
D. [Reserved for Transportation Demand Management (TDM)]
E. Building Form.
Development within the City Center Form Based Code District, the Urban Design Overlay District,
and other districts with supplemental building form standards shall adhere to the standards
contained therein.
No building form standards are applicable to the proposed project.
F. Streetscape Improvements.
A proposed new construction or extension/expansion of an existing structure exceeding the
thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form
Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained
within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall
be construed to limit requirements for additional upgrades as necessary to meet the requirements
of these Regulations.
No structures are proposed to be impacted as part of this project, therefore Staff considers that this
criterion is not applicable.
G. 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.
No modifications to existing access between properties are proposed.
H. 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
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properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall
also be met.
No impacts to wire-served utilities are proposed.
I. 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 (i.e., non-dumpster, non-large drum) shall not be required to be
fenced or screened.
The applicant has testified that the existing dumpsters are screened in compliance with the above
standard. Staff considers that the Administrative Officer should verify this testimony as part of the
Certificate of Occupancy inspection that will be required prior to use of the existing parking area as
a commercial parking use.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10.C of the South Burlington Land Development Regulations, the proposed
alteration to an existing conditional use must be reviewed under the conditional use review criteria
and shall meet the following standards of Section 14.10.E:
14.10.E General Review Standards. The Development Review Board shall review the proposed
conditional use for compliance with all applicable standards as contained in these regulations. The
proposed conditional use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
Traffic impacts are discussed under standard (3) below. Staff considers the proposed use will not
have any other potential impact on any other community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district
within which the project is located, and specifically stated policies and standards of the municipal
plan.
As noted above, the subject Zoning District has the purpose of “encouraging the location of higher-
intensity residential, retail, office, and vertically mixed uses in a manner that serves as or enhances
a compact central business area”. Staff considers that off-street parking areas are often associated
with higher-intensity commercial uses, and that the existing off-street parking area was often at least
partially filled as a result of customers going to the Palace 9 movie theater – as such, a full parking
lot is not necessarily out of character for this property.
1. Staff recommends the Board consider the character of a commercial parking lot as it pertains to the
approved master plan for a mixed residential and commercial development, and consider whether
to impose any temporal limits on the proposed use. In this context, temporal limits may include
either limiting the commercial parking use to a specific duration (N Years) or a master plan threshold
(Phase Y).
(3) Traffic on roads and highways in the vicinity.
The applicant has offered to not move any vehicles to or from the subject lot between 4 pm and 6
pm on weekdays to avoid increasing traffic on Shelburne Road during rush hour. Given the traffic
measurement standards laid out in the LDRs, Staff considers that a condition prohibiting vehicle
transfer to or from the subject lot between 4 & 6 pm on weekdays would be sufficient to avoid
creating an undue adverse effect on traffic on roads in the vicinity.
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2. Staff recommends the Board discuss the proposed use’s impact on traffic on roads and highways in
the vicinity with the applicant and determine an appropriate condition regarding vehicle movement.
(4) Bylaws and ordinances then in effect.
Master Plan approval #MP-23-01 is in effect and governs the subject property. Section 15.B.06.C of
the LDRs requires that, “once a Master Plan has been approved, all subsequent land subdivision and
development must conform to the Master Plan as approved”. The area proposed to be used as a
commercial parking facility was approved in the Master Plan to include a 52-unit apartment building,
to be developed as part of Phase 2 of the Master Plan. That area was not identified as necessary for
use as a staging area during Phase 1 of the Master Plan. Accordingly, the Master Plan is silent on
the use of the subject parking area until such time as the applicant begins Phase 2 of the Master Plan
and constructs an apartment building on that land. As such, Staff considers that temporary use of
the subject parking area as a commercial parking area is not in conflict with the Master Plan that
governs this area.
3. Staff recommends the Board’s limits above take into consideration the necessary timeline by which
the commercial parking use must be ceased to avoid conflict with the approved Master Plan.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources.
OTHER APPLICABLE CRITERIA
13.04.B(7) Snow Storage
The applicant has specified the snow storage areas on the submitted plans. Staff considers this
criterion met.
13.03 Bicycle Parking & Storage
The subject property includes sufficient short-term bicycle parking for the existing 21,380
commercial building. The conversion of the existing vehicle parking area does not require the
provision of additional short-term bike parking. As such, Staff considers this criterion met.
13.07 Exterior Lighting
The applicant has testified that no new or revised exterior light fixtures are proposed as part of this
application.
RECOMMENDATION
Staff recommends that the Board review the project with the applicant and close the hearing.
Respectfully submitted,
Marty Gillies, Development Review Planner