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HomeMy WebLinkAboutSD-06-66 SD-06-67 - Decision - 0400 Patchen Road#SD-06-66 #S D-06-67 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING VT WHOLESALE FOODS D/B/A HARRINGTON BROS PLANNED UNIT DEVELOPMENT - 400 PATCHEN ROAD PRELIMINARY PLAT APPLICATION #SD-06-66 FINAL PLAT APPLICATION #SD-06-67 FINDINGS OF FACT AND DECISION Vermont Wholesale Foods, DBA Harrington Brothers, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development consisting of a 7500 sq. ft. building with 5000 sq. ft. of warehouse use and 2500 sq. ft. of wholesale distribution use. The amendment consists of constructing a 3750 sq. ft. addition for warehouse use, 400 Patchen Road. The Development Review Board held a public hearing on August 15, 2006, September 19, 2006, and October 17, 2006. Bill Forsyth 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. Vermont Wholesale Foods, DBA Harrington Brothers, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development consisting of a 7500 sq. ft. building with 5000 sq. ft. of warehouse use and 2500 sq. ft. of wholesale distribution use. The amendment consists of constructing a 3750 sq. ft. addition for warehouse use, 400 Patchen Road. 2. The applicant appeared before the board for sketch plan review on June 20, 2006 and for preliminary and final plat on August 15, 2006. At that time, the Board asked the applicant to prepare a plan which further reduces the front yard coverage on Patchen Road. 3. The applicant has reduced the front yard coverage along Patchen Road from 100% to 82%. 4. The Board supports the plan presented at the October 17, 2006 hearing and believes that the 18% reduction in coverage is sufficient at this time given the layout of the site and the very close proximity of the existing building to the road right-of-way. 5. The owner of record of the subject property is VT Wholesale Foods, Inc. 6. The subject property is located in the Commercial 2 (C2) Zoning District. 7. The plans submitted consist of a two (2) page set of plans, page one (1) is entitled, "Boundary Survey showing the lands of Vermont Wholesale Foods, Inc. - 1 - #SD-06-66 #SD-06-67 400 Patchen Road South Burlington, VT", prepared by Button Professional Surveyors, PC, dated 10/3/06. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. C2 Zoning District Requirement/Limitation IF Proposed 4 Min. Lot Size 40,000 SF 35,230 SF Max. Building Coverage 40% 31.6% Max. Overall Coverage 70% 45% 4 Min. Front Setback Patchen Road 50 ft. <50 ft. # Min. Front Setback (Landfill Road) 30 ft. 23 ft. � Min. Side Setback 10 ft. >10 ft. 4Max. Front Yard Coverage (Patchen Road 30% 82% � Max. Front Yard Coverage (Landfill Road 30% 27% �l zoning compliance + pre-existing non-compliance # non- compliance; waiver requested The applicant is requesting a waiver of the front yard setback for Landfill Road of approximately seven (7) feet and 33 feet setback waiver from Patchen Road for the existing building. The Board does not oppose these waivers as the front yards in consideration are along a road that, although public, serves mostly as an access to municipal facilities and an existing setback along Hinesburg Road. There are other buildings along the road that are substantially closer. Allowing this building to encroach into the setback poses no risk of setting precedent for other properties along Landfill Road. The property in question is a pre-existing non -complying structure, by function of minimum lot size, front yard setback, and maximum front yard coverage. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the proposed 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. 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 City of South Burlington Water Department Superintendent has stated that they do not wish to review the plans at this time. If the applicant should need, at this time or in the future, any additional water allocation, they shall apply to the Water Department. -2- #SD-06-66 #S D-06-67 The City Engineer has reviewed the plans and provided comments in a memo dated August 10, 2006. (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. As the foundation for this building is already in place and there are no proposals to disturb the ground, it is not necessary to submit grading and erosion control plans for this property. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the property is from Patchen Road and Landfill Road. These accesses are acceptable and have worked sufficiently for the subject property to date. Circulation on the site is adequate. (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. The subject property does not contain any identified wetlands, streams, or unique natural features. (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. The proposed project is in keeping with the stated purpose of the C2 Zoning District. (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. Open space on the property is sufficient. A green and grassed area exists along the property's boundary on Landfill Road. This proposed addition will not alter the coverages or green space on the property as the foundation for the addition already exists. (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. The Fire Chief has reviewed the plans and provided comments in a letter dated August 11, 2006. (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. -3- #S D-06-66 #SD-06-67 The plan is in compliance with this criterion with the exception of lighting to be addressed below. 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 applicant has submitted lighting cut sheets and point by point plans which are in compliance with the South Burlington Land Development Regulations. (i) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is in compliance with the South Burlington Comprehensive Plan. 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: (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. The project accomplishes a desirable transition from structure to site and from structure to structure. The site does provide for adequate pedestrian movement. According to Section 13.01(B) of the Land Development Regulations, the project requires a minimum of 6 parking spaces. The site plan shows spaces for 8 vehicles. These spaces meet the standards of the South Burlington Land Development Regulations. At sketch plan review, the Board recommended that the applicant remove several of the spaces in the front of the building so as to provide for more green space. The applicant has done this and the Board finds it to be adequate. Given the number of parking spaces provided, one handicap space shall be provided. The plans do not currently depict any handicapped accessible parking spaces. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This issue has already been addressed. The parking in the front should be relocated to the rear of the building. (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. The applicant has stated that the addition will be no higher than 14 feet. This is within the permissible maximum. -4- #SD-06-66 #S D-06-67 (d) 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. (e) 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 the proposed addition will blend with the existing building. (f) 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. Again, the applicant has stated that the proposed addition will blend with the existing building. 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: (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. It is not necessary to require the reservation of land to provide access to abutting properties. (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. It has already been stated that, pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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 plans do not depict any dumpsters on the subject property. If the applicant is proposing any outdoor trash storage, dumpsters should be shown on the plan and shall be adequately enclosed. -5- #S D-06-66 #SD-06-67 (d) Lighting Staff has visited the site and noticed several flood lights. The lighting on the property shall be downcast and shielded. The existing lighting does not meet this standard and shall be removed or updated. (e) Landscaping Pursuant to Section 13.06 of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Based on the projected building costs of $110,000, the minimum landscaping budget shall be $3,300. The applicant has submitted a landscaping budget of $3,490. This is sufficient to meet the requirement. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, the plans shall depict adequate snow storage areas for the property. Adequate areas are shown on the plans. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle rack is depicted on the plans. (0 Traffic According to the ITE, 71h Edition (Land Use Code 720), the proposed expansion is estimated to generate an additional 0.98 PM peak hour VI -Es. The applicant should pay traffic impact fees based on this increase. DECISION a Motion by ��� LC �4 t 41 seconded by to approve Preliminary Plat Applica ion #SD-06-66 and Final Plat Application,#SD-06-67 of VT Wholesale Foods, Inc. d/b/a Harrington Bros., subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) The 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 and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording. M #S D-06-66 #SD-06-67 a) The plan shall be revised to depict at least one (1) handicapped -accessible parking space and associated five foot access aisle. 4) The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated August 10, 2006. 5) The applicant shall comply with the requests of the Fire Chief as outlined in his letter dated August 11, 2006. 6) The Board approves an encroachment of seven (7) feet into the front yard setback of Landfill Road and 33 feet along Patchen Road. 7) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8) If the applicant is proposing any outdoor storage, dumpsters shall be shown on the plan and shall be adequately screened. 9) The lighting on the site shall be brought into compliance with the South Burlington Land Development Regulations prior to the issuance of the Certificate of Occupancy. Any new exterior lighting shall consist of shielded and downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 10) Prior to permit issuance, the applicant shall post a $3,490 landscape bond. This bond shall remain in full effect for three (3) years to assure that the landscaping taken root and has a good chance of survival. 11) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the expansion will generate 0.98 additional vehicle trip ends during the P.M. peak hour. 12) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 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) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. -7- #SD-06-66 #S D-06-67 Mark Behr — yeaInay/ab in/not present Matthew Birmingham — ye /nay/abstain/not present John Dinklage — yea/nay abstain not prese Roger Farley — 'e /nay/abstain/not prese—n Eric Knudsen — e /nay/abstain/not present Peter Plumeau — e nay/abstain/not present Gayle Quimby — e /nay/abstain/not present Motion carried by a vote of (�q - 6 -U Signed this 1-7 day of -Od ee" 2006, by Mark Behr, Vice Chairman 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).