HomeMy WebLinkAboutSP-12-37 - Decision - 0031 Commerce Avenue#SP-12-37
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LNP, Inc. — 31 COMMERCE AVENUE
SITE PLAN APPLICATION #SP-12-37
FINDINGS OF FACT AND DECISION
LNP, Inc., hereinafter referred to as the applicant, is seeking approval to amend a previously
approved plan for 26,280 sq. ft. mixed use commercial/industrial building. The amendment
consists of: 1) adding additional uses under an umbrella approval, and 2) seeking approval to
add parking spaces in the front of the building, 31 Commerce Avenue.
The Board held a public hearing on this application on August 7, 2012, September 4, 2012 and
September 18, 2012. The applicant was represented by Paul O'Leary.
Based on the plans and 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 seeking to amend a previously approved plan for 26,280 sq. ft. mixed
use commercial/industrial building. The amendment consists of: 1) adding additional
uses under an umbrella approval, and 2) seeking approval to add parking spaces in the
front of the building, 31 Commerce Avenue.
2. The owner of record of the subject property is LNP, Inc.
3. The subject property is located in the Mixed Industrial and Commercial Zoning District.
4. The application was received on June 29, 2012.
5. The plan submitted is titled, "Office/Warehouse Building on Lots 39 & 40 — Ethan Allen
Farms Industrial Park #27 & #31 Commerce Ave. — South Burlington", prepared by
O'Leary — Burke Civil Associates, PLC, dated 11-10-2010, and last revised on 9-5-2012.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
Mixed Industrial & Commercial
Zoning District
Required
Proposed
�l Min. Lot Size
40,000 SF
22,920 SF
Max. Building Coverage
40%
12.53 %
Max. Overall Coverage
70%
32.08 %
�I Max. Front Yard Coverage
30%
15.5 %
�l Min. Front Setback
30 ft.
>30 ft.
�l Min. Side Setback
10 ft.
>10 ft.
�l Min. Rear Setback
30 ft.
>30 ft.
� Zoning compliance
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SITE PLAN APPLICATION
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:
Section 14.06(A). Relationship of Proposed Development to the City of South Burlington
Comprehensive Plan.
The proposed project is consistent with the goals of the Comprehensive Plan.
Section 14.06(B). Relationship of Proposed Structures to the Site.
(1) 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.
No new structures are proposed on the site.
(2) Parking:
(b) The Development Review Board may approve parking between a public street
and one or more buildings if the Board rinds that one or more of the following
criteria are met The Board shall approve only the minimum necessary to
overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of
the Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be located
adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-
used and parking needs cannot be accommodated to the rear and
sides of the existing building(s); or,
(v) The principal use of the lot is for public recreation.
The applicant is proposing to add eleven (11) vehicle spaces to the front of the building in an
existing paved area. This request includes four (4) spaces that will be for the display of cars for
sale and seven (7) parking spaces. The Board finds that the four (4) spaces for vehicles for sale
are "display areas" and not "parking areas" under this section.
With regards to the parking spaces, the applicant testified that the property qualifies under
subsection (iii) due to the presence of steep slopes to the rear of the structure.
The Board finds that the project meets the standards of subsection (iv), as the building is to be re-
used, parking is not possible to the rear of the building, and the proposed parking area is already
paved from previous uses.
(3) 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 anticipated
adjoining buildings.
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No new structures are proposed.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
No new utilities are proposed.
Section 14.06(C) Relationship of Structures and Site to Adjoining Area.
(1) 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.
There are no changes proposed to the existing structures.
(2) 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.
There are no changes proposed to the existing structures.
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.
The reservation of any additional land is not warranted as part of this application.
(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.
No changes are proposed.
(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 show a proposed dumpster, adequately screened.
(D) Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening
shall be required for all uses subject to site plan and PUD review.
There are no changes proposed to the existing landscaping. The plans depict adequate snow
storage areas.
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In response to Board concerns expressed at the September 4 and September 18, 2012 meetings
regarding the applicant submitted a revised Site Plan dated 9-5-12 that details silt fencing
around the topsoil stockpiles and the limits of work area. The Board finds this acceptable.
The Board also finds, based on input from the Director of Public Works, that the proposed
equipment storage area shall be lined with a silt fence along its southern boundary. The
applicant agreed to this condition.
6. The applicant shall revise the plans to include a silt fence along the southern
boundary of the proposed equipment storage area.
OTHER STANDARDS
Section 3.09(B) (2) Umbrella Permit
The applicant is seeking to expand the permitted uses within the existing umbrella approval
Current permitted uses for the site include Contractor or building trade facility, Distribution and
related storage; Private providers of public services, including vehicle storage and maintenance;
and Auto and motorcycle sales and service.
The applicant is seeking to add for the following uses under an umbrella approval: Equipment
service repair and rental; light manufacturing; Office, general; Processing and storage; Retail
warehouse outlet; Warehousing, processing, storage and distribution.
There are currently 36 approved parking spaces provided on site and the applicant is seeking to
increase this by seven (7) parking spaces for a new approved total of 43 approved parking
spaces.
The Board finds no issues with the approval of these permitted uses on the subject property
If the land development regulations change so that any of the above uses are no longer
permitted, then those uses which are no longer permitted shall no longer be approved. These
uses shall not exceed in need the current approved number of parking spaces without further
review and approval by the Development Review Board.
Traffic Impact Fees
No traffic budget was previously established for this site. Staff and the City Attorney reviewed
the history of the site and of the Impact Fee Ordinance. Based on this research, the Board finds
that a traffic budget should be applied at this time. Staff and the applicant have reviewed historic
uses of the property and agreed that the property has a baseline of 16 p.m. peak hour trip ends.
7. The Board finds that that the project's baseline for p.m. peak hour trip ends is 16.
The applicant has requested an additional five (5) p.m. peak hour trips ends as part of this
application, for a total of 21.
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8. The Board grants an additional five (5) p.m. peak hour trips ends as part of this
application, for a total of 21.
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 shown on the plans.
3.12 Alteration of Existing Grade
B. Standards and Conditions for Approval.
(1) The Development Review Board shall review a request under this Section for
compliance with the standards contained in this sub -Section 3.12(B). and Section
3.07, Height of Structures of these regulations. An application under Section
3.12(A) above shall include the submittal of a site plan, planned unit development
or subdivision plat application showing the area to be filled or removed, and the
existing grade and proposed grade created by removal or addition of material.
As this application is for a stockpile that will be added to and removed from, there is no
"proposed grade." The maximum height standard for this zoning district is 35 feet. The applicant
confirmed that the stockpile shall not exceed 35 feet in height from the pre -construction grade.
9. The applicant shall revise the plans to indicate that the stockpile shall not exceed 35
feet in height.
(2) The Development Review Board, in granting approval may impose any conditions
it deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
The proposed application is for the stockpile to be used on a regular basis, rather than for a
single alteration of grade. The Board finds this criterion not to be applicable.
(b) Submission of an acceptable plan for the rehabilitation of the site at the
conclusion of the operations, including grading, seeding and planting, fencing,
drainage, and other appropriate measures.
The proposed application is for the stockpile to be used on a regular basis, rather than for a
single alteration of grade. The applicant has proposed a silt fence to surround each of the
stockpiles. The Board finds this acceptable.
(c) Provision of a suitable bond or other security in accordance with Section
15.15 adequate to assure compliance with the provisions of these
Regulations.
The proposed application is for the stockpile to be used on a regular basis, rather than for a
single alteration of grade. This section is not applicable.
(d) Determination of what shall constitute pre -construction grade under
Section 3.07, Height of Structures.
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The site plan indicates existing grades as between 224' and 226' in the area of the stockpiles.
DECISION
Motion by Roger Farley, seconded by Bill Stuono, to approve site plan application #SP-12-37 of
LNP, Inc. subject to the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. This project shall be completed as shown on the plan and shall be 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 permit issuance.
a. Include a silt fence along the southern boundary of the proposed equipment storage
area.
b. Indicate that the stockpile shall not exceed 35 feet in height.
4. 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.
5. The uses of the subject property shall be limited to the following:
• Equipment service repair and rental;
• Light manufacturing;
• Office, general;
• Processing and storage;
• Retail warehouse outlet;
• Warehousing, processing, storage and distribution.
• Auto & motorcycle sales
• Contractor or building trade facility
• Distribution and related storage
• Private providers of public services, including vehicle storage and maintenance.
• Auto & motorcycle service & repair
If the Land Development Regulations change so that any of the above uses are no longer
permitted, then those uses which are no longer permitted shall be no longer be approved.
6. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board approves five (5) additional vehicle trip ends
during the P.M. peak hour at applicant's request, for a total of 21.
7. This approval is conditioned on a current configuration of 43 parking spaces and a total of 21
pm peak hour vehicle trip ends.
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8. The applicant shall obtain approval from the Administrative Officer prior to any change of any
tenant in the building. The Administrative Officer shall approve the proposed new tenant only if
the proposed combination of uses fits within the limitations established in stipulation #7 above.
In making his determination, the Administrative Officer shall utilize the parking standards
contained in Tables 13-1 —13.6 of the Land Development Regulations.
9. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the change of any use.
10. Any change to the site plan shall require approval by the South Burlington Development
Review Board.
Tim Barritt —
yea
nay
abstain
not present
Mark Behr —
yea
nay
abstain
not present
Roger Farley —
yea
nay
abstain
not present
Art Klugo —
Yea
nay
abstain
not present
Bill Miller —
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Bill Stuono —
yea
nay
abstain
not present
Motion carried by a vote of 6 — 0 — 0
Signed this 4th day of October 2012, by
Digitally signed by Mark C. Behr
Mark C B e h r DN: cn=Mark C. Behr, o,
email=mark@rhbpc.com, c=US
Date: 2012.10.04 13:04:57-04'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of
this decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be
mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street,
South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental
Division at 802-828-1660 or httr)://vermontjudiciary.ora/GTC/environmental/default.asox for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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