HomeMy WebLinkAboutSD-18-16 - Supplemental - 0793 0907 Shelburne Roadr
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PLANNING & ZONING
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: SP-18-16 793 & 907 Shelburne Road
DATE: September 4, 2018 Development Review Board meeting
R.L. Vallee, Inc. has submitted sketch plan application #SD-18-16 to demolish an existing hotel and a portion of
an existing service station and create a planned unit development consisting of an expanded service station
with four additional fueling positions for a total of twelve and associated 9,000 square foot retail sales building
at 793 and 907 Shelburne Road.
The Board reviewed the application at the June 5 and July 17 Development Review Board meetings. The Board
identified a number of criteria about which they had concerns. The applicant replied to the criterion,
summarized below. Staff recommends that the Board review each of the subject areas and, in addition,
consider the project on an overall basis and whether it can be considered to meet the requirements of the Land
Development Regulations.
Areas of concern:
Non -Conformity — There are several elements of the proposed project which are nonconforming.
a. Non -conforming canopy — The existing canopy structure is non -conforming. The LDRs Section
3.11D(1) states that a nonconforming structure may be altered provided such alteration does not
exceed in aggregate cost twenty-five percent (25%) of the current assessed value as determined
by the City Assessor. The current assessed value is approximately half a million dollars therefore
the addition could not exceed approximately $125,000.
b. Change and expansion of non -conforming use — Neither auto & motorcycle service and repair
nor service station are allowed uses within the district, a statement the applicant agrees with.
The Board has raised that the existing property contains both a service station and a full -service
repair shop, and thus Board members stated that the applicant is proposing to remove one use
and replace it with more gas pumps, a non -conforming use. The applicant has stated their
belief that a 50% increase in the number of gas pumps is not a change nor expansion of a non-
conforming use because the entire site is used as a gas station today.
PUD —the LDRs state that the purpose of a PUD is "to provide for relief from the strict dimensional
standards for individual lots in these regulations in order to encourage innovation in design and layout,
efficient use of land, and the viability of infill development and redevelopment in the City's core area."
This application must be reviewed as a PUD because the individual lot coverage standards are not met.
The applicant has stated they do not believe they must demonstrate compliance with the purpose of
the PUD in order to be eligible to be considered a PUD.
Lot coverage — the applicant has proposed to meet the lot coverage standard on an overall basis (but
not lot -by -lot, requiring a PUD) by providing green space over the underground fuel tanks. The
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
SD-18-06
applicant has indicated the green space will be in the form of planters, and there is another service
station with this configuration, but has not provided the location of the similar service station for Staff
or Board review.
Parking —the applicant had asked that the Board exercise their right to waive the prohibition on
parking in the front of the building. The Board expressed to the applicant they did not feel this could
be waived. The applicant has provided a revised plan showing parking to the sides of the proposed
building.
5. Traffic — in order to comply with the traffic overlay district, Staff has estimated the applicant must
construct improvements to obtain credit for at least 227 vehicle trip ends. The applicant has requested
the evaluation of traffic credits be deferred to preliminary plat.
6. Removal of housing — the Board has expressed concern that the applicant proposes to remove existing
housing, which may require replacement under the City's housing replacement standards. The existing
building is permitted as a hotel, but may be operating as long-term housing.
The applicant submitted two letters since the July 17 hearing. The first is a letter from the applicant's attorney
to the applicant itemizing how they propose to address each of the concerns identified in the staff memo from
June 5, 2018. The second is a letter from the applicant's attorney to the Board substantiating their belief that
the LDRs permit taking of payment for sales of gasoline at a separate property, and their belief that an increase
in traffic does not by itself result in an expansion of a use. The applicant also submitted a revised site plan
showing the parking in the rear. Staff notes the provided site plan has some issues with parking and parking
aisle dimensions, but recommends the Board allow the applicant to address these issues at the next stage of
their application.
RECOMMENDATION
Staff recommends the Board hear the applicant's presentation, conduct a brief in -meeting deliberate session to
reach consensus on what guidance to provide, and provide guidance to the applicant on how to proceed.
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