HomeMy WebLinkAboutSP-09-41 - Decision - 0005 Bartlett Bay Road#SP-09-41
#CU-09-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MAGIC HAT BREWERY CO. - 5 BARTLETT BAY ROAD
SITE PLAN APPLICATION #SP-09-41
CONDITIONAL USE APPLICATION #CU-09-03
FINDINGS OF FACT AND DECISION
Magic Hat Brewing Co, hereafter referred to as the applicant, is requesting site plan
approval to amend a previously approved plan for a 57,137 sq. ft. light manufacturing
facility (brewery). The amendment consists of 1) adding a 14 foot fence, and 2) reducing
the size of the digester facility from 5,850 sq. ft. to 5,806 sq. ft, 5 Bartlett Bay Road
(Magic Hat).
The applicant is also seeking conditional use approval to install the 14 foot high fence.
The Development Review Board held a public hearing on June 2, 2009. Matt Wamsganz
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 site plan approval to amend a previously approved plan
for a 57,137 sq. ft. light manufacturing facility (brewery). The amendment consists of 1)
adding a 14 foot fence, and 2) reducing the size of the digester facility from 5,850 sq. ft.
to 5,806 sq. ft, 5 Bartlett Bay Road (Magic Hat). The applicant is also seeking
conditional use approval to install the 14 foot high fence.
2. The application was received on May 11, 2009.
3. The owner of record of the subject property is Pomerleau Real Estate
4. The subject property is located in the Commercial 2 Zoning District.
5. The plans submitted is entitled, "Overall Proposed Site Plan," prepared by Civil
Engineering Associates, Inc., dated Sept., 2007, last revised on 5/11/2009.
Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
C2 Zoning District
Required
Proposed
4 Min. Lot Size
40,000 SF
5.22 acres
4 Max. Building Coverage
40%
27.7% (PUD)
4 Max. Overall Coverage
70%
64.2% (PUD)
+ Max. Front Yard Coverage Bartlett Bay
30%
46.4%
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Road
4 Min. Front Setback
30 ft.
Approx 70 ft
4 Min. Side Setback
10 ft.
Approx 60 ft
4 Min. Rear Setback
30 ft.
Approx 80 ft
* Max. Building Height
35 ft.
42 ft
4 zoning compliance
+ preexisting noncompliance, not made worse by this proposal
* The height of the digester is 34 feet. These are higher than the permissible 15 feet for
accessory structures and the applicant previously received a height waiver of nineteen (19)
feet. Existing fermentation tanks on site are 42 feet in height.
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.
(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.
(fl 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.
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U) The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
The proposed reduction in size to the digester and the proposed fence do not impact the
above criterion.
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
interruptions to create attractive transitions between buildings of different
architectural styles.
(� 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 changes proposed herein do not affect the criteria stated above.
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.
Again, no additional access shall be required at this time.
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(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 is already stated that all new utility lines 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 existing dumpster is not proposed to be relocated. It is shown as appropriately
screened and fenced.
(d) Landscaping and Screening Requirements.
There are no additional landscaping requirements. The proposed taller fence is intended
to intensify the screening efforts to make the site more aesthetically pleasing.
Lighting
There are no changes proposed to this criterion.
DECISION
Motion by (� �' 4? seconded by bGfAl�« , to
approve Site PI n Application #SP 09-41 and Conditional Use Application #C -09-03 of
Magic Hat Brewing Company subject to the following conditions:
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 plans 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 plans shall be
submitted to the Administrative Officer prior to permit issuance.
a. The site plan shall be revised to relocate the snow storage area outside of the
VELCO right-of-way.
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 applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use or occupancy of the fence and digester.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr ye nay/abstain/not present
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Matthew Birmingh - yea/nay/abstai not rese
John Dinklage - e /nay/abstain/not present
Roger Farley - e nay/abstain/not present
Eric Knudsen - y ay/abstain not presen
Gayle Quimby nay/abstain/not present
Motion carried by a vote of '7 - o- o
Signed this -�- day of 2009, by
r
John Dinklag6 Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).
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