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HomeMy WebLinkAboutSD-97-0000 - Decision - 0005 Bartlett Bay RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Magic Hat to amend a planned unit development consisting of three (3) buildings on a 6.8 acre parcel, 5 Bartlett Bay Raod. The amendment consists of converting a 37,027 square foot retail building to a light manufacturing facility (brewery) and retail use. On the 17th day of December, 1996, the South Burlington Planning Commission approved the request of Magic Hat for revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a planned unit development which consists of three (3) buildings on a 6.8 acre parcel. This amendment consists of converting a 37,027 square foot retail building to 36,127 square feet of light manufacturing (brewery) and 900 square feet of retail space, and the installation of two (2) 29 foot high external tanks. The sketch plan was reviewed on 11/26/96. 2. The property involving this PUD includes the Audio/Video Authority building at 1519 Shelburne Road, the Jiffy Lube building at 1525 Shelburne Road, and the former Grossman's building at 5 Bartlett Bay Road. It is located within the C2 and CO Districts. It is bounded on the north by an auto dealership, on the east by a retail store and Shelburne Road, on the south by Bartlett Bay Road, and on the west by the VT Railway r.o.w. 3. Access/circulation: Access to the building under review is by a 36 foot wide curb cut on Bartlett Bay Road. No changes proposed. Circulation on the site is adequate. 4. Coverage/ setbacks: Building coverage is 19.1% (maximum allowed is 30%) . Overall coverage is 61.7% (maximum allowed is 70%). Front yard coverage along Bartlett Bay Road is 31.9% and along Shelburne Road is 51.9% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. 5. Setback requirements are met by all buildings except the Jiffy Lube building which does not meet the front yard setback requirement from Shelburne Road. 6. Parking: A total of 23 parking spaces are required and 44 spaces including two (2) handicapped spaces will be provided. A bike rack will be provided as required. 7. Landscaping: The minimum landscaping requirement, based on building costs, is $8500 which is being met. Proposed plantings include White Cedar, White Birch, White Pine and Juniper. The applicant added landscaping along Bartlett Bay Road as requested by the Commission. 8. Traffic: ITE estimates that the current use generates vte's during the P.M. peak hour and the proposed use to generate vte's. This is an 85.6 vte decrease in traffic. The applicant has indicated that at maximum production a total of eight (8) - 18 wheelers and 45 small trucks would be generated on a weekly basis. 9. Height: The proposed external tanks will have a height of 29 feet which meets the 35 foot height limitation provided in Section 25.113 of the zoning regulations. 10. Sewer: City records indicate that there is only 14,520 gpd of sewer allocation available as of this date. The applicant is requesting a total of 21,500 gpd of sewer allocation. The City policy requires that the 6980 gpd which is unavailable at this time be placed on a waiting list until such time as capacity is available. 11. At the sketch plan meeting, the Commission had discussed putting a time limit on the sewer allocation. Based on information submitted by the applicant, it appears that the applicant would be able to produce approximately 33,800 bbl's/year with the available 14,520 gpd available. Staff suggested that the 14,520 gpd remain reserved for 5 years from the date of final plat approval. If the applicant is not producing up to 33,800 bbl's/year within 5 years then the remaining allocation will be lost, unless reapproved by the Commission. The remaining 6980 gpd which has been requested by the applicant, but which is not available at this time, should be reserved for 5 years from the date it becomes available to the applicant. 12. Lighting: Exterior lighting will consist of the following: --- three (3) 400 watt high pressure sodium lamps with downcasting shielded fixtures mounted on 20 foot poles. two (2) 250 watt high pressure sodium lamps with downcasting shielded fixtures mounted on the building. 13. Dumpster: A screened dumpster will be provided. 14. C.O. District: A portion of this property along the westerly boundary line lies within the C.O. District. This C.O. District extends 50 feet from the centerline of the adjacent drainageway as shown on the site plan. V, 15. Other: --- the site plan should be revised to note the correct name of the Conservation and Open Space District. --- the plan shows a "potential future addition." Approval for this addition is not being sought at this time. The revised final plat approval should include a stipulation that this addition is not part of the approval. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the revised final plat application of Magic Hat to amend a planned unit development consisting of three (3) buildings on a 6.8 acre parcel, 5 Bartlett Bay Road. The amendment consists of converting a 37,027 square foot retail building to a light manufacturing facility (brewery) and retail use, as depicted on a three (3) page set of plans, page two (2) entitled, "Pomerleau Planned Unit Development Magic Hat Brewery Proposed Site Plan South Burlington Vermont," prepared by Civil Engineering Associates, Inc., dated Oct, 1996, last revised 12/13/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plans shall be revised to show the changes below and shall require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to recording. a) The site plan shall be revised to note the correct name of the Conservation and Open Space District. b) The survey plat shall be revised to show the boundaries of the Jiffy Lube and Audio Visual Authority parcels as lease lines, not property lines. c) The plan shall be revised to show additional cedars along the west property line near Bartlett Bay Road. 3. For the purposes of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 4. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 3 5. Prior to issuance of a zoning permit, the applicant shall post an $8,500 landscaping 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. 6. The Planning Commission approves a sewer allocation of 21,500 gpd. Only 14,520 is available at this time. The remaining 6980 gpd which is unavailable at this time will be placed on a waiting list until such time as capacity is available. The 14,520 gpd shall remain reserved for 5 years from the date of final plat approval. If the applicant is not producing up to 33,800 bblls/year within five (5) years, then the remaining allocation will be lost, unless reapproved by the Commission. The remaining 6980 gpd which has been requested by the applicant, but which is not available at this time, shall be reserved for five (5) years from the date it becomes available to the applicant. The applicant shall pay the per gallon fee prior to permit issuance. 7. The Planning Commission, as part of this approval, is not approving the "potential future addition" shown on the site plan. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 9. Any changes to the final plat plans shall require approval by the South Burlington Planning Commission. 10. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. The plans shall be recorded prior to issuance of a zoning permit. Chairmari or Clerk South Burlington Planning Commission / //' cll� 7 Da:t-e 4