HomeMy WebLinkAboutSD-05-02 - Decision - 0110 Kennedy DriveCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
CHAMPLAIN OIL COMPANY- 110 KENNEDY DRIVE
FINAL PLAT APPLICATION #SD-05-02
FINDINGS of FACT AND DECISION
Champlain Oil Company, Inc., hereafter referred to as the applicant, is requesting final
plat approval for a planned unit development consisting of: 1) razing a 1,775 square foot
convenience store and service station building, and 2) constructing a 2,600 square foot
building with 2.000 square feet of convenience store use and 600 square feet of short-
order restaurant use with 20 seats maximum in conjunction with service station use
consisting of four (4) fuel pumps (eight (8) fueling positions) and a 2,200 square foot
canopy, 110 Kennedy Drive. The Development Review Board held a public hearing on
February 1, 2005. John Pitrowski represented the applicant.
Based on testimony provided at the above mentioned public hearing and supporting
materials contained in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
The applicant is requesting final plat approval for a planned unit development
consisting of: 1) razing a 1,775 square foot convenience store and service station
building, and 2) constructing a 2,600 square foot building with 2.000 square feet
of convenience store use and 600 square feet of short-order restaurant use with
20 seats maximum in conjunction with service station use consisting of four (4)
fuel pumps (eight (8) fueling positions) and a 2,200 square foot canopy, 110
Kennedy Drive.
2. The owner of record of the subject property is Champlain Oil Company.
3. The subject property is located in the the Residential 7 — Neighborhood
Commercial (R7-NC) District and the Traffic Overlay — Zone 1 District.
4. The plans submitted consist of an 11 page set of plans, page two (2) entitled,
"Boundary Plat C.D.Cairns Irrevocable Trusts Partnership 110 Kennedy Drive
South Burlington, VT", prepared by Trudell Consulting Engineers, dated
11 / 10/04.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R7-NC Zonin District
Required
Proposed
A Min. Lot Size
12,000 SF
39,500 SF
Max. Building Coverage
40%
6.1 %
A Max. Overall Coverage
70%
56% 11
A Min. Front Setback
50 ft.
60 ft.
�l Min. Side Setback
10 ft.
n/a
♦ Min. Rear Setback
65 ft.
40 ft.
+ Max. Front Yard Coverage(s)
30%
145.9%; 45.4%
4 Max. Building Height
40 ft.
1 30 ft.
zoning compliance
♦ waiver required
+ zoning noncomliance
Setbacks
The proposed project meets the rear setback requirement for the R7-NC Zoning District, as
outlined in Table C-2 of the Land Development Regulations, but does not meet the 65'
setback requirement from a residential district boundary, as required pursuant to Section
3.06(I)(1) of the Land Development Regulations. The subject lot is triangular and has
frontage on two (2) public street, therefore it does not have a rear yard. The front setback is
violated by the existing canopy structure. The front yard setback is estimated at
approximately 23'. However, the canopy will remain unchanged, so the setback
encroachment will not be made worse by the proposed project.
Pursuant to Section 3.06(I)(2) of the Land Development Regulations, the Development
Review Board may permit new or expanded non-residential uses within the 65' setback,
and may approve a modification of the width of the required setback and/or landscaped
buffer. In doing so, the Development Review Board shall find that the proposed lighting,
landscaping, and/or fencing to be provided adjacent to the boundary of the residential
district will provide equivalent screening of the noise, light, and visual impact of the new
non-residential use to that which would be provided by the standard setback and buffer
requirements. However, in no case may the required side or rear setback be reduced
below the standard requirement for the zoning district in which the non-residential use is
located.
The applicant has proposed to plant seven (7) Austrian Pines, twelve (12) White Cedars,
and two (2) Canadian Hemlocks along the rear of the proposed building. This will provide
sufficient screening to justify the encroachment into the standard 65' wide buffer. In
addition, the applicant submitted a lighting point -by -point plan that indicates that the
proposed lighting levels along the rear property line, adjacent to the existing residential
neighborhood will be 0.0 foot candles.
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Front Yard Coverage
Pursuant to Section 3.06(H) of the Land Development Regulations, no more than 30% of
the required front setback shall be used for driveways and parking and the balance shall be
suitably landscaped and maintained in good appearance. The plans indicate that the
existing front yard coverage along Kennedy Drive is 45.4% and the existing front yard
coverage along Hinesburg Road is 46.4%, both of which exceed the current limits as set
forth in the Land Development Regulations. The plans indicate that the proposed front yard
coverage along Kennedy Drive is remaining at 45.4% and the proposed front yard
coverage along Hinesburg Road is decreasing to 45.9%.
Traffic Overlay District — Zone 1
Pursuant to Section 10.02(G) of the Land Development Regulations, a property in Zone 1
of the Traffic Overlay District can generate up to 15 peak hour trip ends per 40,000 square
feet of land area. The subject property contains approximately 39,500 square feet of land
area. The subject property has an existing traffic budget of 146 P.M. peak -hour vehicle trip
ends. The applicant has demonstrated to the City, through an amended traffic impact
study, that the proposed project's estimated traffic generation will be within the 146 vte
budget for the subject property.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the Land Development Regulations the Development Review
Board shall consider the following in its review of subdivision and Planned Unit
Development (PUD) applications:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project in conformance with applicable State and City requirements,
as evidenced by a City water allocation, City wastewater allocation, and/or
Vermont Water and Wastewater Permit from the Department of Environmental
Conservation.
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 Superintendent of the South Burlington Water Department, Jay Nadeau, reviewed the
proposed plans and provided comments in a letter dated January 28, 2004.
Sufficient grading and erosion controls will be utilized during construction and
after construction to prevent soil erosion and runoff from creating unhealthy or
dangerous conditions on the subject property and adjacent properties. In making
this finding, the DRB may rely on evidence that the project will be covered under
the General Permit for Construction issued by the Vermont Department of
Environmental Conservation.
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
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shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads. In making this
finding the DRB may rely on the findings of a traffic study submitted by the
applicant, and the findings of any technical review by City staff or consultants.
Access to the property will remain via one (1) 36' wide ingress and egress curb -cut off of
Kennedy Drive, one (1) 20' wide ingress only curb -cut off of Kennedy Drive, and one (1) 36'
wide ingress and egress curb -cut off of Hinesburg Road. Circulation appears to be
sufficient within this site.
At the meeting on December 16, 2003, the Development Review Board requested that
the applicant explore the possibility, in conjunction with the Director of the South
Burlington Public Works Department, of eliminating one (1) of the curb -cuts on Kennedy
Drive. The applicant did contact the Public Works Department about this issue. In a
memorandum dated January 8, 2004, Bruce Hoar, the Director of Pubic Works, stated
that the design that the applicant has proposed for this site has been incorporated into
the plans for the Kennedy Drive Project, and therefore design changes to the applicant's
site plan are not warranted.
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. In making this finding the DRB shall utilize the
provisions of Article 92 of these Regulations related to wetlands and stream
buffers, and may seek comment from the Natural Resources Committee with
respect to the project's impact on natural resources.
There are no wetlands, streams, wildlife habitat, or unique natural features on the site.
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 development is in keeping with the goals for development within the
Residential 7 — Neighborhood Commercial (R7-NC) District, as set forth in Section 4.06(A)
of the Land Development Regulations.
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.
This requirement is being met.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or his
designee to insure that adequate fire protection can be provided.
The South Burlington Fire Chief has reviewed proposed plans. The Fire Chief has
indicated that he does not anticipate any problems with the site plan, because the
circulation will be very similar the existing conditions and the property has to accommodate
large tanker trucks on a regular basis.
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 properties.
The plans depict a 5' wide pedestrian path connecting the subject property to the
property to the northwest.
The City Engineer reviewed the plans for the proposed project and provided comments
in a memorandum dated December 16, 2004.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a
manner that is consistent with City utility and roadway plans and maintenance
standards.
The City Engineer reviewed the plans for the proposed project and provided comments
in a memorandum dated December 16, 2004.
The applicant submitted a lighting point -by -point plan that is in compliance with Appendix
A.9 and A.10 of the Land development Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The project is consistent with the goals of the Comprehensive Plan and the Land
Development Regulations for the R7-NC Zoning District.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
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.
According to Table 13-1 of the Land Development Regulations, a service station with a
convenience store requires ten (10) parking spaces for every 1,000 square feet of gross
leasable area (GLA), and short order restaurant requires twelve (12) parking spaces for
every 1,000 square feet of gross leasable area. Thus, the proposed project will require
twenty-eight (28) parking spaces. The plans currently depict twenty-nine (29) parking
spaces. The proposed parking spaces are in conformance with Table 13-8 of the Land
Development Regulations.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. The plans depict a bicycle rack.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
There are parking spaces located in the front of the proposed building and on the sides of
the proposed building. The parking space layout is sufficient to meet this requirement.
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 height and scale of the proposed building are compatible with the site and the existing
buildings in the area. The height of the building will be approximately 30' and will exceed
the portion of the building that is already present by four (4) feet.
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.
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.
Architectural details were submitted by the applicant. This requirement is being met.
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 proposed project is located in the R7-NC Zoning District and related harmoniously to
the existing buildings, roads, and terrain in the area. The proposed building relates
harmoniously to the site and the existing buildings in the area.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington 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.
The subject property is a corner lot with frontage on two (2) public streets. It is abutted by a
residential development to the northwest. It is not necessary to require any access or
access easements to the abutting property.
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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.
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 dumpster for the subject property, which is adequately screened.
Landscaping and Screening Requirements
The applicant has stated that the proposed project will cost approximately $300,000.
Pursuant to Section 13.06(G) of the Land Development Regulations, the proposed project
has a minimum landscaping requirement of $8,500. The applicant is proposing $14,082
worth of landscaping. The applicant submitted an adequate landscape budget.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off. The
plans depict adequate snow storage areas.
Lighting
The applicant submitted exterior lighting details (cut -sheets) for the parking lot lighting
fixtures, which are in compliance with Appendix D of the Land Development Regulations.
Other
At the meeting on December 16, 2003, the Development Review Board asked the
applicant to meet with the abutting neighbors in the Manner Woods Condominiums to
make sure they were aware of the project and to address any of their major concerns at
an early stage in the project. The applicant has stated that he met with the neighbors
and that they did not have any major concerns to be addressed at this time. A
representative from the Manner Woods Condominiums was at the meeting on February
3, 2004. It is the Board's opinion that this was a sufficient effort to address the
Development Review Board's request at this stage of the review process, as the abutting
neighbors have been formerly invited to the preliminary and final plat hearings.
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{� DECISION �p
Motion, by MAK &oe� , seconded by A060 1''inLF2
to approve Final Plat Application #SD-05-02 of Champlain Oil Company, su iect 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 plat submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. Occupancy shall not take place in the proposed building until the applicant has
obtained final water allocation approval from the South Burlington Water
Department.
4. The applicant shall comply with the requests of the South Burlington Water
Department, as outlined in the letter from Jay Nadeau, dated January 28, 2005.
5. If needed, the applicant shall obtain wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to final approval.
6. The applicant shall comply with any requests of the South Burlington Fire Chief,
as outlined in his letter dated February 1, 2005.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
8. 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.
9. No exterior storage outside of the approved screened dumpster storage area
shall be permitted. In addition, exterior product display shall not be permitted.
10. For the purpose of calculating road impact fees under the South Burlington
Impact Fee Ordinance, the Development Review Board estimates that the
change in use will generate zero (0) additional vehicle trip ends during the P.M.
peak hour.
11. Any new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation.
12. Prior to issuance of a zoning permit, the applicant shall post an $8500 landscape
bond. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
13. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
14. The final plat plan (survey plat and sheet SP2) shall be recorded in the land
records within 90 days or this approval is null and void. The plan shall be signed
by the Board Chair or Clerk prior to recording.
Chuck Bolton — genay/abstain/not
ay/abstain/not present
Mark Boucher —nay/abstain/not present
John Dinklage nay/abstain/not present
Roger Farley — present
Michele Kupersmith — ea/nay/abstain of presen
Larry Kupferman _Wg/nay/abstain/not presen
Gayle Quimby — ea ay/abstain/not present
Motion carried by a vote of (C - o- O
Signed this -3 day of February, 2005, by
JohnDinklage, 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).
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