HomeMy WebLinkAboutSP-11-45 - Decision - 1580 Dorset Street#SP-11-45
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ROBERT CHITTENDEN / NEXT GENERATION AUTO
1580 DORSET STREET
SITE PLAN APPLICATION #SP-11-45
FINDINGS OF FACT AND DECISION
Robert Chittenden, hereafter referred to as the applicant, is requesting site plan approval to add limited
auto & motorcycle sales use to a property with an existing 3,182 sq. ft. auto service & repair facility,
19,070 sq. ft. mixed use building, and 2,020 sq. ft. accessory structure, 1580 Dorset Street.
The Development Review Board held public hearings on November 9 and December 6, 2011. Stephen
Diglio represented the applicant.
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. Robert Chittenden, hereafter referred to as the applicant, is requesting site plan approval to add limited
auto & motorcycle sales use to a property with an existing 3,182 sq. ft. auto service & repair facility,
19,070 sq. ft. mixed use building, and 2,020 sq. ft. accessory structure, 1580 Dorset Street.
2. The owner of record of the subject property is Robert Chittenden.
3. The application was received on September 30, 2011.
4. The application is a request to add limited auto & motorcycles sales use, consisting of five (5)
demarked display vehicle spaces. The application is the first site plan for the property. No previous site
plans have been approved.
5. The subject property is located in the Southeast Quadrant — Village Commercial District.
6. The plans submitted consist of a one (1) page set of plans, entitled "Next Generation Automotive/The
Cider Mill Site Plan 1580 Dorset Street South Burlington, VT 05403", prepared by KAS, Inc.; dated
9/28/11, and last revised on 11/21/11.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ- VC District
Required
Pro osed
4 Min. Lot Size
40,000 SF
5.0 acres
4Max. Building Coverage
15%
11.1%
* Max. Overall Coverage
30%
37.1 %
-6 Min. Front Setback
50 ft.
32 ft. (pre-existing)
46 Min. Side Setback
20 ft.
34 ft. commercial, 0 ft.
agricultural structure (pre-
existing)
4 Minimum Rear Setback
30 ft.
> 150 ft.
* Front yard coverage
30%
68%
J Zoning Compliance
# All principal buildings shown on the site plan represent pre-existing conditions on the site.
No changes are proposed to any of these buildings.
* The site includes a combination of buildings, paved areas, and gravel areas. Some of the
gravel areas represent historic use and occasional replacement of gravel. Other areas, specifically the
area listed as a "Farm Road" adjacent and parallel to Dorset Street, and the driveway entrance
immediately south of the "Existing Flower Bed" have been deemed by the Development Review
Board to be recently added and exceeding the overall site and front yard coverage limits.
SITE PLANREVIEW STANDARDS
Section 14.06 establishes the following general review standards for all site plan applications:
14.06(A) Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use policies
for the City of South Burlington as set forth in the Comprehensive Plan.
Objective 10 of the Comprehensive Plan's Southeast Quadrant Chapter states: "Create a village center for
the SEQ along Dorset Street south of Old Cross Road, connected to the recreation path system." The
proposed application is consistent with this objective.
14.06(B) Relationship of Proposed Structures to the Site.
14.06(B)(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 applicant is proposing the addition of a five (5) vehicle display area for sales of vehicles. The site plan
includes the following survey note: "The existing features shown hereon were located during field surveys
conducted on September 1, 201 L" No changes to structures are proposed.
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Planting & Pedestrian Movements
All planting and pedestrian movements on the site represent existing conditions. No changes are proposed.
Buildings on site
All principal buildings on the site are pre-existing. No changes are proposed to these buildings.
Parking and drive areas:
From use of aerial photos dating from 2007 (Bing Maps) the Board has identified historic parking areas and
drive areas, as evidenced by the presence of gravel and/or vehicle marks. The Board's review of these areas
indicate that the majority of the gravel drive areas and parking areas as pre-existing. Following review of the
aerial photos and receipt of testimony from the applicant, however, the Board finds that the drive lane
adjacent and parallel to Dorset Street (extending north -south from just south of the "Existing Flower Bed" to
the southerly access to the property) was not historically present and was established after the 2007 photos
were taken. This addition has increased the degree of nonconformity of the front yard coverage (to 68% at
present). Increases in front yard coverage above the maximum allowable (40%) are prohibited by the Land
Development Regulations. The Board concludes that the "Farm Road" shall be removed from the Site Plan.
The applicant provided a letter indicating that this area represents a refurbishment of farm roads and support
the agricultural use of the property. The Board finds that any determination of agricultural uses on the
property are the purview of the Agency of Agriculture in accordance with 24 VSA 4413(d),
Access Management Requirements — Section 13.01 (F)
Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts
caused by vehicular driveways on public roadways by reducing the number of required driveways and by
minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make
an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding
residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a
driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to
provide for that connection, the applicant must provide an easement to do so in the future when
circumstances may change. This driveway connection or easement should be located where the vehicular
and pedestrian circulation is most feasible.
The property presently contains (3) separate curb cuts on Dorset Street: one at the north end of the property,
one in the center (divided into parts by the "Existing Flower Bed," and one at the southern end. From use of
aerial photos dating from 2007 (Bing Maps) the Board has identified that the curb cuts at the northern and
southern end existed at the time, and that the central one existed north of the "Existing Flower Bed." The
Board, however, finds that the portion of the central curb cut that is south of the "Existing Flower Bed" was
not present as of 2007. This addition has increased the degree of nonconformity of the front yard coverage (to
68% at present). Increases in front yard coverage above the maximum allowable (40%) are prohibited by the
Land Development Regulations. The addition is also not consistent with Section 13.01 (F) of the Land
Development Regulations, as the 22' wide, pre-existing curb cut north of the "Existing Flower Bed" barrier
on site is capable of serving the auto repair and sales facility.
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The Board also finds that the curb cut at the southern end of the property along Dorset Street is not needed for
commercial purposes, and that its continued presence is not consistent with Section 13.01(F) of the Land
Development Regulations.
The applicant provided a letter indicating that this area represents a refurbishment of farm roads and support
the agricultural use of the property. The Board finds that any determination of agricultural uses on the
property are the purview of the Agency of Agriculture in accordance with 24 VSA 4413(d).
The Board concludes that the portion of the central curb cut along Dorset Street, south of the `Existing
Flower Bed," shall be removed from the Site Plan. Alternatively, the applicant may provide the city with
documentation from the Vermont Agency of Agriculture that the curb cut represents an agricultural operation
exempt from local regulation in accordance with 24 VSA 4413(d). Should that documentation be provided,
the Site Plan shall be amended to list the curb cut as an "agricultural access only."
The Board further concludes that the southern curb cut along Dorset Street shall be removed from the Site
Plan. Alternatively, the applicant may provide the city with documentation from the Vermont Agency of
Agriculture that the curb cut represents an agricultural operation exempt from local regulation in accordance
with 24 VSA 4413(d). Should that documentation be provided, the Site Plan shall be amended to list the curb
cut as an "agricultural access only."
Section 14.06(B)(2)
(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.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act,
(ii) The parking area will serve a single or two-family home,
(iii) The lot has unique site conditions such as a utility easement or unstable soils that
allow for parking, but not a building, to be located adjacent to the public street,
(iv) The lot contains one or more existing buildings that are to be reused and parking
needs cannot be accommodated to the rear and sides of the existing building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width of all parking
areas located to the side of buildings) at the building line shall not exceed one half of the width of
all building(s) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall be
exempt from this subsection.
(d) For through lots, parking shall be located to the side of the buildings) 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.
The Board finds that the parking on site is in conformance with this section as meeting the standards of
subsection (b)(iv).
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The DRB finds that the five (5) vehicle display spaces shown on the plan are not "parking spaces" but
rather display areas. They are therefore not applicable under this section (though the areas are pre-existing
gravel parking areas regardless).
Parkin-- Areas (Design Standards for Non -Residential Land Uses in the SEQ-VC Sub -District)) - Section
9.1OLD) (4)(a):
All of the buildings are pre-existing and so minimum parking standards are not applicable. The site plan
denotes 36 parking spaces on site and describes the remaining gravel areas as "equipment/vehicle storage
areas." No new areas are DroDosed for Darking as result of this annlication.
Bicycle parking or (S) storage -Section 13.01(G)
According to Section 13.01(G)(5) of the Land Development Regulations, a bicycle rack shall be shown on
the plan. A bicycle rack is shown to the south of the existing Cider Mill building.
14.06(B)(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 adjoining buildings.
All principal buildings on the site are pre-existing and no changes are proposed.
14.06(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground. No new utilities are proposed.
14.06(C) Relationship of Structures and Site to Adjoining Area.
14.06(C)(1) The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
14.06(C) (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
All principal buildings on the site are pre-existing and no changes are proposed.
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
14.07 Specific Review Standards
14.07 (A) 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 of collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
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No changes to existing conditions, save those described above, are proposed on this plan. The Board finds
that the reservation of land is not necessary in this instance.
14.07 B Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground. No new utilities are proposed.
14.07 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 (ie, nondumpster, non -large drum) shall not be required to be fenced or
screened.
All waste disposal units are shown as pre-existing on the site plan. The applicant showed screened
fencing around the two waste disposal units on the Site Plan.
14.07 D Landscaping and Screening Requirements (refers to Section 13.06)
The Board has reviewed the standards of Section 13.06 regarding landscaping and has found the project
to be in compliance. Of particular note: no new structures are proposed, and therefore no additional
landscaping is required. Parking areas are placed throughout the site and are surrounded by green areas.
Snow storage areas have been shown on the plan.
OTHER APPLICABLE STANDARDS
Section 9.10 (D) Design Standards for Non -Residential Land Uses in the SEQ-VC Sub -District
With the exception of subsection 9.10(D) (4) [addressed under parking in this report], the Board finds that
the standards from these sections are not applicable as no new structures or roads are proposed.
13.05(A) Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall
be allowed only in nonresidential districts and upon approval of the DRB in
conjunction with a site plan, conditional use and/or PUD application.
(2) The Development Review Board may require that outdoor storage areas in connection
with commercial or industrial uses be enclosed and/or screened where the storage area
may comprise an attractive nuisance, where the proposed use of the storage areas
present opportunities for theft, or where the Board finds that said storage areas are in
view of residentially -zoned parcels.
The Board finds that the majority of storage on the site is on gravel areas listed as "equipment/vehicle
storage areas" on the Site Plan. The Board finds that these are pre-existing and consistent with the intent
of the district.
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The site plan also describes the field to the east of the auto repair building as "property owner existing mixed
use storage area," with a further notation that "the mixed use storage area east of Next Generation Auto is
currently utilized by the property owner for agricultural, commercial, and personal purposes with a majority
dedicated for agricultural use. The intent is for the use of this area to remain unchanged under proposed
conditions."
The Board finds that this large area is not consistent with the standards of the Land Development
Regulations.
The Board also notes that the definition of "junkyard" in the South Burlington land Development Regulations
includes the presence of two (2) or more unregistered, inoperable motor vehicles, and that junkyards are not
permitted in the SEQ-VC zoning subdistrict.
The Board concludes that the notation of this area as "property owner existing land use storage area", and
associated notation, shall be removed from the Site Plan.
13.05 (B) Outdoor Display. Outdoor display ofgoods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor display shall be appurtenant to the primary use of the property and shall
be allowed only in nonresidential districts and upon approval of the DRB in
conjunction with a site plan, conditional use and/or PUD application that clearly
indicates the location of any outdoor display areas.
The site plan shows the proposed vehicle display area located perpendicular to Dorset Street in front of
the auto repair building. The Board finds this pre-existing parking location to be in compliance with the
regulations.
Section 13.07 Exterior Lighting
According to the Land Development Regulations, all lighting shall be shielded and downcast. The site
plan shows that existing flood lights will be modified with shielded and downcast lighting.
Section 13.26 Auto & Motorcycle Sales, Limited
A. General Requirements: An auto & motorcycle service and repair business may be granted
approval from the Development Review Board to display up to five (5) automobiles and/or
motorcycles (combined) at one time for sale to the public, in accordance with the following
requirements:
B. Specific Requirements:
(1) The site plan shall indicate the location of all parking spaces of vehicles_for sale, not to
exceed five (5) total, and,
(2) No vehicles for sale may be parked in any other location on the property.
The site plan shows five (5) vehicle display spaces to be depicted by signs or painted curbing. The Board
finds that the standards for this section are being met.
Appendix B Traffic Generation Data and Calculation Procedures
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The applicant has provided a letter stating that the measurement of trip ends for this use is difficult. "The
best match for the proposed site conditions was utilizing studies of trip ends based on car sales
employees. The result was a 1 trip end increase for the peak hour based on one employee dedicated for
car sales. This estimated traffic increase is approximate and considered to have a negligible impact."
After a review of the evidence and testimony, the Board finds that the proposed use will result in an
increase of one (1) p.m. peak hour trip end.
DECISION
Motion by Joe Randazzo seconded by Matt Birmingham to approve Site Plan Application #SP-11-45 of
Rob Chittenden/ Next Generation Auto, 1580 Dorset Street, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. The Site Plan shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved, revised Site Plan shall be submitted to the
Administrative Officer prior to permit issuance:
a. The Board concludes that the "Farm Road" adjacent and parallel to Dorset Street shall be
removed from the Site Plan. Alternatively, the applicant may provide the city with
documentation from the Vermont Agency of Agriculture that the "Farm Road" represents an
agricultural operation exempt from local regulation in accordance with 24 VSA 4413(d). Should
that documentation be provided, the Site Plan shall be amended to list the "Farm Road" as an
"agricultural road only."
b. The Board concludes that the portion of the central curb cut on Dorset Street, immediately south
of the "Existing Flower Bed" shall be removed from the Site Plan. Alternatively, the applicant
may provide the city with documentation from the Vermont Agency of Agriculture that the curb
cut represents an agricultural operation exempt from local regulation in accordance with 24 VSA
4413(d). Should that documentation be provided, the Site Plan shall be amended to list the curb
cut as an "agricultural access only."
c. The Board concludes that the southern curb cut on Dorset Street shall be removed from the Site
Plan. Alternatively, the applicant may provide the city with documentation from the Vermont
Agency of Agriculture that the curb cut represents an agricultural operation exempt from local
regulation in accordance with 24 VSA 4413(d). Should that documentation be provided, the Site
Plan shall be amended to list the curb cut as an "agricultural access only."
d. The Board concludes that the notation of this area as "property owner existing land use storage
area", and associated notation, shall be removed from the Site Plan.
3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
4. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Development Review Board estimates that the new use will generate one (1) additional vehicle trips
end during the P.M. peak hour.
5. All new or existing exterior lighting shall consist of down casting fixtures. Any change to approved
lighting shall require approval of the Administrative Officer prior to the sale of any vehicles.
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6. The presence of two (2) or more unregistered, inoperable motor vehicles is prohibited in accordance
with the definition of "junkyard" in the South Burlington Land Development Regulations.
7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use
or occupancy of the building.
9. Any changes to the Site Plan shall require approval of the South Burlington Development Review
Board or Administrative Officer.
Mark Behr —
Matthew Birmingham —
Roger Farley —
Michael Sirotkin —
Bill Stuono —
Tim Barritt —
Joe Randazzo —
,yea,/nay/abstain/not present
M/nay/abstain/not present
yea/nay/abstain/not present
yea/nay/abstain/not present
Lea/nay/abstain/not present
y.ga/nay/abstain/not present
yea/nay/abstain/not present
Motion carried by a vote of 6 — 0 — 0
Signed this 17`h day of January 2012, by
Digitally signed by Mark C. Behr
Mark C. Behr cn=Mark, o Behr, l Richard Henry Behr
Architect P.C., u,emall=mark@rhbpc.com,
c=US
Date: 2012.01.17 15:40:07-05'00'
Mark Behr, Vice Chairman
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://verniontiudiciar y�orp/G"1'C/etiviro_nmental/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 802.879.5676 to speak with the regional Permit Specialist.
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