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HomeMy WebLinkAboutSD-08-17 - Decision - 0007 Fayette Road#SD-08-17 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SIERRA PACIFIC II - 7 FAYETTE ROAD PRELIMINARY PLAT APPLICATION #SD-08-17 FINDINGS OF FACT AND DECISION Sierra Pacific II, hereinafter referred to as the applicant, is seeking preliminary plat approval to amend a planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 sq. ft. movie theater building (1000 seats), a 22,500 sq. ft. restaurant/medical office/day care building, a 3500 sq. ft. restaurant with drive -through service, and a bank with drive -through service. The amendment consists of: 1) constructing an 8,000 sq. ft. retail addition to the building at 7 Fayette Road, and 2) converting 10,700 sq. ft. of restaurant and indoor recreation use to retail use, also at the 7 Fayette Road building. The Development Review Board held a public hearing on Tuesday, May 6, 2008. Sean Carroll 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 finds the following: FINDINGS OF FACT The applicant is seeking preliminary plat approval to amend a planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 sq. ft. movie theater building (1000 seats), a 22,500 sq. ft. restaurant/medical office/day care building, a 3500 sq. ft. restaurant with drive -through service, and a bank with drive -through service. The amendment consists of: 1) constructing an 8,000 sq. ft. retail addition to the building at 7 Fayette Road, and 2) converting 10,700 sq. ft. of restaurant and indoor recreation use to retail use, also at the 7 Fayette Road building. 2. The owner of record of the subject property is J&J Properties, LLC. 3. The subject property is located in the Commercial 1 (Cl) Zoning District and in the Traffic Overlay District. 4. The plans submitted consist of a 12 page set of plans, page two (2) entitled, "Sierra Pacific II 7 Fayette Road So. Burlington, VT. Existing Conditions", prepared by Trudell Consulting Engineers, dated 4/7/08. Aj f- C, I �Iy - - 1 - #SD-08-17 PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the proposed Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. If needed, the applicant must obtain preliminary wastewater allocation approval prior to final plat approval. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. Prior to final plat approval, the applicant must obtain final water allocation approval from the South Burlington Water Department. The South Burlington Water Department shall review future sets of plans and shall provide comments prior to final plat approval. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant was asked to submit an erosion control plan as part of the preliminary plat application. These plans have been submitted. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the subject building currently exists from two curb cuts off of Fayette Road. The eastern curb cut also provides access to the drive -through fast food restaurant and a drive -through bank. The western cut cub provides access to below -grade parking and a rear surface parking lot. It is proposed to be widened from 77 feet to 85 feet. Street details shown in Figure 15.1C of the Land Development Regulations indicate that the maximum curb cut width is 45 feet. The applicant is therefore requesting a waiver to exceed this limit. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There do not appear to be any wetlands, wildlife habitat, or unique natural features on the subject property. The plan depicts a 50 foot stream buffer. A minor impact is proposed. The Board should determine whether the impact is significant enough to warrant a review under Section 12.01(C)(4) of the Land Development Regulations. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed retail use is a compatible with the existing and the planned use of the area. -2- #S D-08-17 Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. There is a wooded area to the northwest which serves as an open space area on the site. A portion of this area is a stream buffer area. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief has reviewed the plans and provided comments in a memo dated March 27, 2008. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The existing site and proposed project do not provide for any adequate extension of services or infrastructure to adjacent landowners. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed change of use is in conformance with the Comprehensive Plan. TRAFFIC The Board invoked technical review for traffic at the April 1, 2008 meeting. The applicant submitted a traffic study dated February 4, 2008, prepared by Clough Harbour & Associates. This study was reviewed by the City's traffic consultant Georges Jacquemart. He reviewed the applicant's study in a memo to Staff dated 4/16/08 (copy attached). Staff recommends that the applicant's traffic study be revised to incorporate the recommendations contained in Mr. Jacquemart's memo including the request that calculations for traffic generation be based on the entire PUD. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: -3- #SD-08-17 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. The proposed project is in conformance with the Comprehensive Plan. 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. Previous changes of use on the property have been supported by a shared parking analysis indicating that the peak demand of the site would be met by the onsite parking. A 21 % parking waiver exists for the site. The applicant has submitted a revised parking analysis. This analysis indicates that with the changes in use will result in a peak parking demand of 519 spaces which is 48 spaces fewer than the 471 spaces proposed. This results in a 9.2% parking waiver. This property, from day one, has operated under a shared parking analysis which was updated for this project. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The number of parking spaces is being reduced by 21 spaces on the west side of the building. 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. The existing and proposed height of the building is within the limitations of the district. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. It has already been noted that new utility lines must be underground. 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. The applicant has stated that they will be changing the design of the exterior facade of the building. He has submitted renderings of these changes. 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 has stated that they will be changing the design of the exterior facade of the building. He has submitted renderings of these changes. -4- #SD-08-17 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: 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. No additional reservation of land is warranted as part of this application. The site is already accessible from two points on Shelburne Road. Each of the sub -lots is accessible and circulation is adequate. 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. It has already been indicated that utility lines must be underground. 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). The plans depict a new location for dumpsters. It is not clear if they are adequately screened. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans do not show snow storage areas for the subject property. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the South Burlington Land Development Regulations. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. The proposed landscaping meets the minimum landscaping requirement of $5700. The Board is concerned that the proposal results in the removal of 11 trees that were planted as part of the request to construct the building and are not being replaced. These trees should be replaced or relocated. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level -5- #SD-08-17 shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. All lighting shall be shielded and downcast. A point by point lighting plan has been submitted in compliance with the South Burlington Land Development Regulations. Waivers The following is a list of waivers requested by the applicant: 1. Existing building encroaches into stream buffer at 7 Fayette Road by approximately 1'-3". 2. Existing parking lot encroaches into stream buffer at 7 Fayette Road by approximately 5'-6". 3. The proposed canopy encroaches into the front setback along Fayette Road by approximately 15'-3". 4. The proposed addition encroaches into the front setback along Fayette Road by approximately 4'. 5. A proposed MTC (utility) cabinet will be located within the 30' front setback along Fayette Road, but will be at least 5' behind the right-of-way. Additional waivers required but not requested are as follows: 1. The western curb cut is proposed to be widened from 77 feet to 85 feet (maximum allowed is 45 feet). 2. A retaining wall is proposed in the front yard. A retaining wall by definition is an accessory structure which: 1) is not allowed in the front yard, and 2) must meet a five (5) foot setback requirement. The proposed wall does not meet the five (5) foot setback as proposed. DECISION Motion by 6 AA ��IdOV , seconded by A69 64(CI to approve Preliminary Plat Application #SD-08-17 of Sierra Pacific II, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. #SD-08-17 2. This project shall be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below prior to final plat submittal: a. The plans shall be revised to comply with the requests of the South Burlington Fire Chief as outlined in a memo dated March 27, 2008. b. The landscaping plan shall be revised to show the relocation or replacement of the 11 trees that will be displaced by the project. c. Landscaping plans shall be revised to depict snow storage areas. d. The plans shall be revised to correct the notation for the lower level of the addition as a "warehouse". A warehouse is not a permitted use. The notation shall read "storage area for retail". e. The plans shall be revised to show the parking spaces under the building. 4. The applicant shall adhere to the comments of the South Burlington Fire Chief per the memo dated March 27, 2008. 5. If needed, the applicant must obtain preliminary wastewater allocation approval prior to final plat approval. 6. The South Burlington Water Department shall review the plans and provide comments prior to final plat approval. If necessary, the plans shall be revised accordingly. 7. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 8. The Board approves the following waivers: a. Existing building to encroach into stream buffer at 7 Fayette Road by approximately 1' — 3". b. Existing parking lot to encroach into stream buffer at 7 Fayette Road by approximately 5'— 6". c. The proposed canopy to encroach into the front setback along Fayette Road by approximately 15' — 3". d. The proposed addition to encroach into the front setback along Fayette Road by approximately 4'. e. A proposed MTC (utility) cabinet to be located within the 30' front setback along Fayette Road, but will be at least 5' behind the right-of-way. -7- #SD-08-17 f. Allowing the proposed MTC (utility) cabinet to be placed in the front yard. g. The western curb cut to be widened from 77 feet to 85 feet (maximum allowed is 45 feet). h. Allowing the retaining wall to be placed in the front yard and to encroach 25 feet into the front setback. 9. The Board approves a 48 space parking waiver or 9.2% for a total of 471 spaces provided. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this project will generate zero (0) additional vehicle trip ends during the p.m. peak hour. 12. Prior to permit issuance, the applicant shall post a $5700 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 13. The applicant shall submit the final plat application within twelve (12) months. Mark Behr —��nay/abstain/not present Matthew Birmingham — ea ay/abstain/not present John Dinklage a ay abstain/not present Roger Farley — yea ay/abstain/not present Eric Knudsen — ea nay/abstain/not present Peter Plumeau —yea/nay/abstain o prase Gayle Quimby —&nay/abstain/no present Motion carried by a vote of c > -0 - U Signed this day of 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).