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HomeMy WebLinkAboutSP-08-78 - Decision - 0005 Bartlett Bay Road#SP-08-78 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PURPOSE ENERGY, INC. - 5 BARTLETT BAY ROAD SITE PLAN APPLICATION #SP-08-78 FINDINGS OF FACT AND DECISION Purpose Energy Inc, hereafter referred to as the applicant, is requesting to amend a previously approved plan for a 57,137 sq. ft. light manufacturing facility (brewery). The amendment consists of constructing a 5100 sq. ft. digester (accessory structure), 5 Bartlett Bay Road. The Development Review Board held a public hearing on Tuesday, September 16, 2008. Matt Wamsganz of Civil Engineering Associates 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 plan for a 57,137 sq. ft. light manufacturing facility (brewery). The amendment consists of constructing a 5100 sq. ft. digester (accessory structure), 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, "Proposed Anaerobic Digester Facility 5 Bartlett Bay Road South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated Sept 2007, last revised on 8/8/08. - 1 - #SP-08-78 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% 27.4% (PUD) 4 Max. Overall Coverage 70% 58.7% (PUD) + Max. Front Yard Coverage (Bartlett Bay Road 46.4% 46.4% �l Min. Front Setback 30 ft. Approx 70 ft �l Min. Side Setback 10 ft. Approx 60 ft �l Min. Rear Setback 30 ft. Approx 80 ft �l Max. Building Height 35 ft. 24 ft q zoning compliance + preexisting noncompliance, not made worse by this proposal The height of the proposed digester is 34 feet. These are higher than the permissible 15 feet for accessory structures and therefore the applicant is requesting 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 The South Burlington Water Department reviewed the plans and stated the following: "1 have reviewed the plans for the Magic Hat Anaerobic Digester and had several concerns with the proposed water line relocation design. I met with Matt W. from CEA to discuss my concerns and make some suggestions. Since that meeting Matt has made some changes to the water line design and continues to work on the project with the owners and project managers. Since he has already made some changes to the plans, I will not comment on those that I have in hand, but will wait until I see the next set with the new changes." The applicant shall continue to work with the South Burlington Water Department and shall adhere to any future comments related to this proposal. (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. -2- l i #SP-08-78 (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access and circulation will not be affected by this proposal. (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. There are no wetlands or other 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. The proposed expansion, and current use, is in keeping with the planned development 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. The subject lot is located within a densely developed commercial district. There are no natural open space areas on the site. (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 stated that he does not need to review the proposed project. (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. There are no changes to the city roads or sidewalks. There are no realistic opportunities for connections to adjacent properties. U) The project is consistent with the goals and objectives of the Comprehensive plan for the affected district(s). The project is consistent with the goals and objectives of the Comprehensive Plan as they relate to the C2 Zoning District. 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 -3- C #SP-08-78 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. The proposed building, based on the proposed 56,157 SF GFA and 25 employees per shift, shall require 53 parking spaces. 63 spaces are provided. Three parking spaces shall be handicapped accessible. Three are shown as such. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. All existing and proposed parking is located to the side and rear of the building with the exception of 13 previously approved spaces to the front 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. This issue has already been addressed above. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 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. (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. Elevations are not warranted for this building. The building is located in a densely developed commercial area and the existing building is harmonious to the surrounding structures. 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 -4- #S P-08-78 emergency or other purposes, or to improve general access and circulation in the area. Again, no additional access shall be required at this time. (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 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. Based on projected building costs of $1,000,000, the minimum landscaping budget shall be $17,500. The applicant is proposing additional landscaping of $17,500. The South Burlington City Arborist has reviewed the plans and stated that they look acceptable. Lighting The applicant has submitted proposed lighting fixtures which have full cut off visors and are therefore in compliance with the South Burlington Land Development Regulations. � ) DECISION Motion by GAL� `� CdW , seconded by to approve Site Plan Application SP-08-78 of Purpose Energy, Inc., 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 and submitted by the applicant and on fine 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. -5- #S P-08-78 a. The plans shall be revised to adhere to the requests of the South Burlington Water Department if necessary. 4. The South Burlington Water Department shall review the revised plans and provide comments. 5. The Board grants a height waiver of 19 feet for the proposed digester for a maximum of 34 feet in height. 6. Prior to permit issuance, the applicant shall post a $17,500 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 7. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 8. The Development Review Board grants a period of five (5) years for approval of phase 2 of the proposed development (second tank). At such time as the five years is reached and the applicant has not sought a zoning permit for phase 2, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if reapplication takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time of up to one (1) year for the extension. 9. 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. 10. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use or occupancy of the digester building. 11. Any change to the site plan shall require approval of by the South Burlington Development Review Board or the South Burlington Administrative Officer. #SP-08-78 Mark Behr —9/nay/abstain/not present Matthew Birmingham —yea/nay/abstain of ;pre:s:e-n> John Dinklage — e nay/abstain/not presen Roger Farley — e nay/abstain/not present Eric Knudsen — Wnay/abstain/not present Peter Plumeau — e _ nay/abstain/not present Gayle Quimby — e ay/abstain/not present Motion carried by a vote of 0 - U Signed this J--2 day of L- 2008, by / John Dinklage, Chair 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). 7-