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HomeMy WebLinkAboutSD-04-86 - Decision - 0110 Kennedy DriveCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING CHAMPLAIN OIL COMPANY— PLANNED UNIT DEVELOPMENT 110 KENNEDY DRIVE PRELIMINARY PLAT APPLICATION #SD-04-86 FINDINGS of FACT AND DECISION Champlain Oil Company, Inc., hereafter referred to as the applicant, is requesting preliminary plat approval for a planned unit development consisting of: 1) razing an existing 1,775 square foot service station with a convenience store building and 2) constructing a 2,600square foot convenience store with short order restaurant having 20 seats in conjunction with a service station use consisting of four (4) pumps (8 fueling positions) and a 2,200 square foot canopy, 110 Kennedy Drive. The South Burlington Development Review Board will be reviewing the sketch plan for the proposed project at its meeting on December 21, 2004. The Development Review Board also held a public hearing on December 21, 2004. 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 The applicant is requesting preliminary plat approval for a planned unit development consisting of: 1) razing an existing 1,775 square foot service station with a convenience store building and 2) constructing a 2,600square foot convenience store with short order restaurant having 20 seats in conjunction with a service station use consisting of four (4) pumps (8 fueling positions) and a 2,200 square foot canopy, 110 Kennedy Drive. 2. The subject property contains approximately 0.9 acres 3. The subject property is located in the Residential 7 — Neighborhood Commercial (R7-NC) District and the Traffic Overlay — Zone 1. 4. The owner of record of the subject property is C. D. Cairns Revocable Trust Partnership, c/o Champlain Oil Company, Inc. 5. The Development Review Board reviewed the sketch plan for this project on December 21, 2004. 6. The plans submitted consist of an 11 page set of plans, page three (3) entitled, "Champlain Oil Company Kennedy Drive & Route 116 (Hinesburg Road) So. Burlington, VT Existing Conditions", prepared by Trudell Consulting Engineers, dated 11/5/04. - 1 - ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements [7777R7_-NC Zoning District J Require Proposed Min. Lot Size 12,000 SF 39,500 SF Max. Building Coverage 40% _ 6.1 % �l Max. Overall Coverage 70% 56% ♦ Min. Front Setback 30 ft. 23 ft. �l Min. Side Setback 10 ft. n/a ♦ Min. Rear Setback 65 ft. 40 ft. 4 Max. Front Yard Coverage(s) 30% 53.5%; 45.5% 4 Max. Building Height 40 ft. 30 ft. �l zoning compliance ♦ waiver required 4 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, which the Board feels 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. -2- 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% and the existing front yard coverage along Hinesburg Road is 44.8%, 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 increasing to 53.5% and the proposed front yard coverage along Hinesburg Road is increasing to 45.5%, both of which increase the severity of noncompliance. 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. 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. MIE 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 this time no traffic management strategies are proposed. 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 12 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 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 should review and comment on the plans prior to final approval. 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. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site clan aoalications: 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-seven (27) 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. -5- Parking shall be located to the rear or sides of buildings to the greatest axtent 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 not exceed the portion of the building that is already present. 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. M 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 $8,300, which does not meet the minimum requirement. However, the applicant did not submit a landscape budget prepared by a landscape professional. 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. -7- DECISION Motion by Mark Boucher, seconded by Roger Farley, to approve Preliminary Plat Application #SD-04-86 of Champlain Oil Company subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) The plans shall be revised prior to final plat submittal as follows: a) The plans shall be revised to reduce the proposed front yard coverages, so that they do not exceed the current front yard coverages along Kennedy Drive and Hinesburg Road. b) The landscaping plan shall be revised to show additional landscaping to meet the minimum $8500 landscaping requirement. c) The site plan shall be revised to show the parallel parking spaces with a minimum dimension of 8' x 22'. d) The final plat plans shall be revised to show a six (6) foot solid fence (approximately 75 feet in length) south of the proposed building to be placed between the proposed Austrian Pines and the existing tree line. e) The final plat plan shall be revised to show an air dispensing unit if one is proposed. 3) The Board, pursuant to Section 3.06(I)(2) of the Land Development Regulations, hereby approves a modification of the width of the required setback to 40 feet from the residential boundary line. 4) Occupancy shall not take place in the proposed building until the applicant has obtained final water allocation approval from the South Burlington Water Department. 5) The South Burlington Water Department shall review and comment on the plans, prior to final approval. 6) If needed, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to final approval. 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 dumpster pick-up shall only be between 7:00 A.M and 8:00 P.M. 9) The South Burlington Fire Chief should review and comment on the plans prior to final approval. I:M 10) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11) The applicant shall submit, with the final plat application, a landscape budget prepared by a landscape professional indicating that the minimum landscape requirement is being met. 12) No exterior storage, outside of the approved screened dumpster storage area, shall be permitted. In addition, exterior product display shall not be permitted. 13) The final plat application shall be submitted within 12 months. Chuck Bolton — yea/nay/abstain/not present Mark Boucher — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Michele Kupersmith — yea/nay/abstain/not present Larry Kupferman — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of 6-0-0 Signed this a 7 day of December, 2004 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 sorne 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). M