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HomeMy WebLinkAboutSD-05-55 - Decision - 0005 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MAGIC HAT- PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-05-55 FINDINGS OF FACT AND DECISION Magic Hat Brewing Company, hereafter referred to as the applicant, is requesting to amend a previously approved planned unit development consisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of: 1) constructing a 10' x 24' storage building, and 2) a 12 ft. diameter, 20 ft. high wastewater storage tank, 5 Bartlett Bay Road. The Development Review Board held a public hearing on August 2, 2005. John Kipp 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. The applicant is requesting to amend a previously approved planned unit development consisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of: 1) constructing a 10' x 24' storage building, and 2) a 12 ft. diameter, 20 ft. high wastewater storage tank, 5 Bartlett Bay Road. 2. The owner of record of the subject property is the Pomerleau Foundation. 3. The subject property is located in the Commercial 2 (C2) Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Site Plan Modifications Bartlett Bay Road South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated May, 2003, last revised on 6/2/05. - 1 - Zoning District & Dimensional Requirements: Table 1. Dimensional Re uirements C2 Zoning District Required Proposed Min. Lot Size �I Max. Building Coverage Max. Overall Coverage 40,000 SF 40% 70% unchanged 18.8% (PUD) 60.4% (PUD) Max. Front Yard Coverage _ 30% 31.9% J �l Min. Front Setback 30 ft. Unchanged Min. Side Setback _ 10 ft. Unchanged Min. Rear Setback 30 ft. Unchanged Max. Building Height 35 ft. Unchanged 4 zoning compliance 4 preexisting noncompliance PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The South Burlington Water Department has reviewed the plans and submitted comments in a letter dated July 6, 2005. The South Burlington City Engineer has reviewed the plans and submitted comments in a memo dated July 14, 2005. (b) 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. (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. (d) 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. (e) 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. -2- (t) 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. (g) 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. (h) 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. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The requirements b-j of Section 15.18 have already been met though the PUD. The proposed changes will not compel any changes to these requirements. The Fire Chief does not need to review the changes to this PUD. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. (c) 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. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual -3- interruptions to create attractive transitions between buildings of different architectural styles. (t) 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 requirements a-f of Section 14.06 have already been met though the PUD. The proposed changes will not compel any changes to these requirements. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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. (b) 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. (c) 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 requirements a-c of Section 14.07 have already been met though the PUD. The proposed changes will not compel any changes to these requirements. (d) Landscaping and Screening Requirements. The building costs for the project are listed by the applicant as $31,000. Based on this, the applicant should submit a landscaping plan and budget showing $930 of new landscaping. The Board suggests that a possible location could include the area surrounding the new location of the CO2 tank which may be visible from Bartlett Bay Road. p DECISION Motion by f�R�� seconded by of Final Plat Application #SD-05- 5 of Magic Hat Brewing Company, subject 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. The plat shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plats shall be submitted to the Administrative Officer prior to permit issuance. a. The plans shall be revised to reflect the conditions of the South Burlington Water Department, as stated in a letter from Jay Nadeau dated July 6, 2005. b. The plans shall be revised to reflect the conditions of the South Burlington City Engineer, as stated in his memorandum dated July 14, 2005. c. The plans shall be revised to add $930 worth of additional landscaping. 4. The applicant shall comply with the requests of the South Burlington Water Department as stated in a letter from Jay Nadeau dated July 6, 2005. 5. The applicant shall comply with the requests of the City Engineer as stated in his memorandum dated July 14, 2005. 6. The applicant shall submit a landscape budget, prepared by a landscape architect or landscape professional that indicates that the minimum landscaping is being met, prior to permit issuance. 7. The applicant shall post a $930 landscape bond, prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 8. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9. The final plat plan (sheet Cl) 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. -5- Mark Behr - O y/istain/not present Chuck Bolton — e n/abstain/not present John Dinklage a y/abstain/not present Roger Farley — e /abstain/not present Larry Kupferman — enay/abstain/n resent Gayle Quimby — yea/nay/abstain not present Motion carried by a vote of S- 0 _O Signed this 3 day of August 2005, by John Dinklage; 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).