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HomeMy WebLinkAboutSP-24-12 - Decision - 1330 Shelburne Road#SP-24-12 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 1330 REALTY, LLC – 1233 SHELBURNE ROAD SITE PLAN REVIEW APPLICATION #SP-24-12 FINDINGS OF FACT AND DECISION 1330 Realty, LLC., hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 5,607 sf commercial building most recently used as a standard restaurant. The amendment consists of changing the use of 2,000 sf of financial institution use and changing the use of the remaining 3,607 sf to vacant, and site modifications including the construction of a drive-through and pedestrian/cyclist improvements, 1330 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 approval to amend a previously approved plan for a 5,607 sf commercial building most recently used as a standard restaurant. The amendment consists of changing the use of 2,000 sf of financial institution use and changing the use of the remaining 3,607 sf to vacant, and site modifications including the construction of a drive-through and pedestrian/cyclist improvements, 1330 Shelburne Road. 2. The owner of record of the subject property is 1330 Realty, LLC. 3. The property lies within the Commercial 1 – Residential 15 Zoning District, the Transit Overlay District, the Traffic Overlay District, and the Urban Design Overlay. 4. The application was received on April 26, 2024 5. The plans submitted consist of the following: Sheet No Plan Description Prepared by Last Revised Date C1-01 Existing Conditions TCE 2/28/2024 C2-01 Site Plan TCE 4/19/2024 C8-01 Site Details TCE 4/19/2024 C0-01 Legend & Notes TCE 2/28/2024 A5.1 Exterior Elevations The Architectural Collaborative 4/23/2024 DIMENSIONAL REQUIREMENTS Commercial 1-R15 Required Existing Proposed  Min. Lot Size 40,000 sf 88,130 sf No change  Max. Building Coverage 40 % 6.3 % No change  Max. Overall Coverage 70 % 95 % 77 % 1 @ Max. Front Setback Coverage 30 % 11.0 % 13.2 %  Min. Front Setback 30 ft 40 ft No change  Min. Side Setback 10 ft 80 ft No change  Min. Rear Setback 30 ft N/A No change  Max. Total Stories 5 stories 1 story No change #SP-24-12 2 1- The applicant is installing an 8’-wide sidewalk between the sidewalk along Shelburne Road and the building’s front door, which will increase the amount of impervious coverage on the site. However, the applicant is also proposing to install two large landscape islands along the edge of the proposed drive-through, which will decrease the amount of impervious coverage on the site. The net result of these two site alterations is a decrease of 858 sf of impervious coverage, as reflected in the above table. SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 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 applicant is proposing to remove the existing dumpsters and dumpster enclosure and construct a new dumpster enclosure on the northern side of the property. The applicant has testified that the new dumpster enclosure will meet all regulations of this section. The Administrative Officer finds the standards of Section 14.07.I met. OTHER APPLICABLE STANDARDS 10.05 Urban Design Overlay District (UDO) A. Purpose B. Comprehensive Plan C. Boundaries & Applicability 1) New Construction. In the case of proposed expansions to existing buildings, only the portion of the building being added or rehabilitate per (2) below shall be subject to compliance with these standards. Portions of an existing building not being modified may remain as is, provided alterations do not increase the degree of nonconformity. The proposed change of use does not involve any new buildings or any expansions to existing buildings – as such, the above standard does not apply. 2) Substantial Rehabilitation (a) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. The subject building is nonconforming and is subject to the above standard. (b) Repairs and Alterations. Repairs and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (i) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total area of such building façade, the alterations shall comply with the entry and glazing standards of the applicable district / overlay district. For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. #SP-24-12 3 The applicant is proposing changes to the existing primary building façade, including revising the size and location of the windows. The scope of the proposed façade alterations exceeds 35% of the square footage of the building façade – as such, the proposed alterations are required to comply with the applicable entry and glazing standards. (ii) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building must comply with all standards within these Regulations. The applicant is not proposing any change to any of the building’s existing load-bearing elements. As such, this standards does not apply to this project. 3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted, required and permitted. Site design and buildings within designated nodes shall provide a welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly. The subject property is not located in a primary or secondary node. D. Standards Except where noted herein, the dimensional standards, use, and other standards of the underlying Zoning District shall still apply. 1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the corridor. Any such entry shall: (a) Be an operable entrance, as defined in these Regulations. The applicant is proposing to use the existing entrance, which faces the primary road, as an operable entrance and thereby meets this requirement. (b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This requirement does not preclude additional principal entry doors. The existing entrance will be the only public entry to the building at this time and will therefore be, by default, a principal entry. The applicant is proposing to accent the existing entry by adding a blue awning on the primary façade that visually connects the façade and the existing entry. The Administrative Officer finds this criterion met. (c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight (8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented access. The applicant is proposing to install an 8’-wide walkway between the existing public sidewalk along the primary road and the principal entry to this building. The walkway will be entirely separate from the parking lot and will not bring walkway users into conflict with vehicle traffic. The Administrative Officer finds this criterion met. #SP-24-12 4 2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent. The applicant is proposing that 100% of the glazing along the primary building façade will be transparent. The Administrative Officer finds this standard met. (b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet. The applicant is proposing 14-foot-tall first-story glazing. The Administrative Officer finds this standard met. (c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. This project is not residential – as such, this criterion is inapplicable. 3) Dimensional Standards Properties not designated as a primary or secondary node are required to have a minimum of 40% glazing across the width of the primary building façade, and are required to have buildings set back a minimum of 20 feet from the right-of-way. The existing building is set 50 feet back from the primary road and the proposed glazing occupies 58.4% of the primary building façade. The Administrative Officer finds both of these standards met. 4) Building Stories, Heights, and Rooftop Apparatus There is no building height change proposed or required as part of this application. 5) Landscaping There is no amendment to the landscaping plan proposed or required as part of this application. E. Allowance for Increased Lot Coverage via Supplemental On-Site Open/Civic Space or Transferrable Development Rights The applicant is not proposing to increase the maximum lot coverage beyond the maximum allowable in this Zoning District (70%). As such, this criterion is not applicable. 13.03 Bicycle Parking and Storage The applicant installed 3 ‘inverted-U’-style bike racks near the principal entrance to the building in question, which will provide 6 short-term bicycle parking. This project does not necessitate the creation of a long-term bike storage area. The Administrative Officer finds this criterion met. 13.04.B(7) 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”. There are no lighting impacts proposed as part of this #SP-24-12 5 application. Traffic Impacts The subject property is located in Zone 2 of the Traffic Overlay District. The maximum amount of traffic generation allowed for this property is set at the highest number of previously approved PM peak-hour VTEs. As per a Site Plan approval from 1996, this property was approved to generate a maximum of 43.85 PM peak hour VTEs. The proposed change of use (converting 2,000 sf to “drive in bank” use [LUC #912] and converting the remaining 3,607 sf to vacant use) will result in a trip generation of 42 PM peak hour VTEs, which is below the previously approved allowance of 43.85 VTEs. As such, the Administrative Officer finds that the proposed change of use will not have an impact on traffic beyond that which has been approved, and finds that the property has an additional unallocated 1.85 VTEs. The applicant is not required to provide any traffic mitigation measures or pay any traffic impact fees as part of this application. Water & Wastewater Allocation As per State Wastewater Disposal Permit #WW-4-0924, this property was approved to generate a maximum of 4,590 gallons per day. The proposed change in use, assuming a maximum of 4 employees working at the proposed financial institution at any one time, will result in a wastewater generation of 60 gpd, which is below the previously approved generation of 4,590 gpd. As such, the Administrative Officer finds that the proposed change of use will not have an impact on wastewater generation beyond that which has been approved, and finds that the property has an additional unallocated 4,530 gpd. The applicant is not required to purchase any additional wastewater allocation as part of this application. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-12 of 1330 Realty, 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-24-083. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the amended site features, including the new bank space. 7. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. 8. 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 9th day of May, 2024 by #SP-24-12 6 ___________________________________ Marty Gillies, Acting Administrative Officer 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.