HomeMy WebLinkAboutSP-24-10 CU-24-04 - Decision - 0017 Reel Road#SP-24-10 & #CU-24-04
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HERITAGE AUTOMOBILE SALES, INC. – 17 REEL ROAD
SITE PLAN APPLICATION #SP-24-10 & CONDITIONAL USE APPLICATION #CU-24-04
FINDINGS OF FACT AND DECISION
Site plan application #SP-24-10 and conditional use application #CU-24-04 of Heritage Automobile
Sales, Inc. 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.
The Development Review Board held a public hearing on May 7, 2024. Greg Dixson represented
the applicant. Board member Stephanie Wyman was recused and did not participate in this
decision.
Based on testimony provided at the above-mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. 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.
2. The owner of record of the subject property is Larkin Milot Partnership, LLP.
3. The subject property is located in the Commercial 1-Residential 15 Zoning District. Portions
of the property not proposed to be impacted by this project are located in the Wetland
Advisory Layer.
4. The application was received on April 4, 2024.
5. The plans submitted consist of one sheet, numbered C-1.00 and entitled ‘Proposed Shared
Parking Site Plan’, prepared by Krebs & Lansing on 4/3/2024.
6. 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.
7. 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.
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8. The Board recently approved master plan #MP-23-01 for this property. The Board heard
this application as a site plan & conditional use application, and not as a master plan
amendment, because it is not inconsistent with site configuration that is approved as
phase 1 of the master plan.
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,
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”. The Board finds 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.
The Board finds 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.
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The Board finds 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.
The Board finds 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.
The Board finds 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.
The Board finds that the proposed project does not impact compliance with this standard.
(2) Parking.
The Board finds that the parking area 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
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 the Board finds 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 the Board finds 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. The Board finds that the proposed project does
not impact compliance with this standard.
(3) To accomplish (1) and (2), the DRB shall consider:
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(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.
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.
The Board finds 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
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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 the Board finds 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
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. The Board finds 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.
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Traffic impacts are discussed under standard (3) below. The Board finds 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”. The Board finds 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. The Board finds this criterion met.
(3) Traffic on roads and highways in the vicinity.
The applicant offered to avoid moving 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. The Board finds
that the applicant shall be prohibited from transferring vehicles to or from the subject lot between 4
& 6 pm on weekdays to avoid creating an undue adverse effect on traffic in the vicinity.
(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, the Board finds 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.
The Board finds that the temporary use of the subject parking area as a commercial parking area
must be ceased by the time that the property owner has commenced Phase 2 of Master Plan #MP-
23-01. The Board further finds that this approval shall expire in six years (the duration of a Master
Plan) – as such, if the property owner never commences Phase 2 of Master Plan #MP-23-01, the
applicant must come back within six years of this application approval to renew this approval.
(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. The Board finds 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, the Board finds this criterion met.
13.07 Exterior Lighting
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The applicant has testified that no new or revised exterior light fixtures are proposed as part of this
application.
DECISION
Motion by John Moscatelli, seconded by Charlie Johnston, to approve site plan application #SP-
24-10 and conditional use application #CU-24-04 of Heritage Automobile Sales, Inc., subject to the
following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended
herein.
2. This project shall be completed as shown on the plan submitted by the applicant and on
file in the South Burlington Department of Planning and Zoning as conditioned herein.
3. A digital PDF version of the full set of approved final plans as amended must be delivered
to the Administrative Officer prior to issuance of a Zoning Permit.
4. The zoning permit must be obtained within six (6) months of this decision with the option
for requesting a one (1) year extension as allowed in LDR 17.04.
5. The applicant must regularly maintain all stormwater treatment and conveyance
infrastructure.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
7. The proposed project must adhere to standards for erosion control as set forth in Section
16.03 and the grading standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
8. The Administrative Officer must verify that the existing dumpster enclosure(s) meet all
standards of Article 14.07.I prior to issuance of a Certificate of Occupancy.
9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon
completion of the modifications approved herein and prior to occupancy and/or use of the
approved modifications.
10. The applicant shall be prohibited from transferring vehicles to or from the subject lot
between 4 & 6 pm on weekdays to avoid creating an undue adverse effect on traffic in the
vicinity.
11. The applicant shall cease the temporary use of the subject parking area as a commercial
parking area by the time that the property owner has commenced Phase 2 of Master Plan
#MP-23-01.
12. This approval will expire six years from the approval date. The applicant shall submit a
new application prior to expiration of this approval if the applicant should wish to continue
the temporary use of the subject parking area as a commercial parking beyond May 2030.
13. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer as allowed by the Land Development
Regulations.
John Moscatelli Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
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Frank Kochman Yea Nay Abstain Not Present
Quin Mann Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Charles Johnston Yea Nay Abstain Not Present
Motion carried by a vote of 5 - 0 - 0.
Signed this ____ day of May, 2024, by
_____________________________________
Dawn Philibert, Chair
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 180 Market 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.