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HomeMy WebLinkAboutSP-07-70 - Decision - 0005 Bartlett Bay Road#Sp-07-70 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MAGIC HAT BREWING CO - PLANNED UNIT DEVELOPMENT 5 BARTLETT BAY ROAD SITE PLAN APPLICATION #SP-07-70 FINDINGS OF FACT AND DECISION Magic Hat Brewing Company, hereafter referred to as the applicant, is requesting to amend a previously approved site plan for three (3) industrial/commercial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of: 1) six (6) various sized building additions, 2) adding 12 fermentation tanks, and 3) adding a one-way truck exit to Bartlett Bay Road, 5 Bartlett Bay Road. The Development Review Board held a public meeting on Tuesday, October 12, 2007. Steve Hood and 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 to amend a previously approved site plan for three (3) industrial/commercial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of: 1) six (6) various sized building additions, 2) adding 12 fermentation tanks, and 3) adding a one-way truck exit to Bartlett Bay Road, 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 an eight (8) page set of plans, page one (1) entitled, "Site Plan Modifications 5 Bartlett Bay Road South Burlington Vermont overall Proposed Site Plan," prepared by Civil Engineering Associates, Inc., dated Sept 2007. - 1 - #SP-07-70 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements C2 Zoning District Re uired Proposed �1 Min. Lot Size 40,000 SF 5.22 acres Max. Building Coverage 40% 23.9% (PUD) �l Max. Overall Coverage 70% 57% (PUD) 4 Max. Front Yard Coverage (Bartlett Bay Road 47.6% 47.6% 4 Min. Front Setback 30 ft. Approx 70 ft 4 Min. Side Setback 10 ft. Approx 60 ft 4 Min. Rear Setback 30 ft. I pprox 80 ft 4 Max. Building Height 35 ft. 24 ft 4 zoning compliance 4 preexisting noncompliance, not made worse by this proposal The height of the building is less than 28 feet. However, the applicant is proposing two fermentation tanks which will be 42 feet in height. Therefore, the applicant is requesting a seven (7) foot height waiver. 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. There is no need for review by the City Engineer. The South Burlington Water Department reviewed the plans and have stated that there are no concerns. (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. The applicant has submitted a very basic EPSC plan which proposes catch basin inlet protection. (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The applicant is proposing to add a twenty (20) foot wide one-way truck exit to the west of the existing two-way ingress and egress. The Board is okay with the added truck exit. (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. -2- #SP-07-70 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. (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. The subject lot is located within a densely developed commercial district. There are no natural open space areas on the site, nor does the Board expect that there should be. (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. Uj) 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 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 -3- #SP-07-70 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. 59 spaces are provided. Three parking spaces shall be handicapped accessible. Only two are shown as such. One should be added. (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. (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 existing and proposed height is below the limit for the district. (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. (fl 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 Board does not feel that elevations are warranted for the various additions. 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 followinq 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. -4- #SP-07-70 (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 $500,000, the minimum landscaping budget shall be $12,500. The applicant is proposing additional landscaping of $12,586. It is unclear which, if any, of the existing landscaping will be retained and transplanted. The applicant should clarify this. The South Burlington City Arborist reviewed the plans and submitted comments in a memo format on October 12, 2007. The applicant should adhere to the comments. Lighting The applicant has submitted cut sheets for building mounted lights. These lights are not in compliance with the South Burlington Land Development Regulations and shall be replaced. They shall be downcasting and shielded. Phasing The applicant is proposing three phases in which to complete the additions. The Board will approve a five (5) year time frame in which the applicant shall obtain zoning permits for Phases II and III, or else ask for reconsideration from the Development Review Board. Traffic ITE estimates that the current facility generates 33.17 vehicle trip ends (vte's) during the p.m. peak hour and with the proposed expansion to generate 41.56 vte's for an 8.39 vte increase. -5- #SP-07-70 DECISION Motion by t Q- ou /A , seconded by b 6 C-Ax 6 , to approve Site Plan Application SP-07-70 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 plans shall be revised to show the changes below and shall require approval by the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. The plans shall be revised to include one additional handicapped accessible parking space, in accordance with Table 13-7 and Section 13.01(1) of the South Burlington Land Development Regulations. b. The plans shall be revised to comply with the requests of the City Arborist as outlined in a memo dated October 12, 2007. 4. The applicant shall adhere to the requests of the City Arborist as outlined in a memo dated October 12, 2007. 5. The Board grants a seven (7) foot height waiver for two of the fermentation tanks, for a total of 42 feet in height. 6. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 7. The proposed building lights shall be downcasting and shielded. The applicant shall submit new light cut sheets which demonstrate adherence to this criterion prior to issuance of a permit. 8. The applicant shall post a $12,500 landscaping bond prior to permit issuance. 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. 9. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this project will generate and additional 8.39 vehicle trip ends during the p.m. peak hour. 10. The applicant shall obtain a zoning permit for the proposed Phase II and III within five years of the date of DRB approval, or else request reconsideration from the Development Review Board. M #SP-07-70 11. The applicant shall obtain a zoning permit for Phase I within six (6) months pursuant to Section 17.04 of the Land Development Regulations, or this approval is null and void. 12. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the additions. 13. Any change to the site plan shall require approval of the South Burlington Development Review Board or the South Burlington Administrative Officer. Mark Behr — ye nay/ab in/not present Matthew Birmingham — e nay/abstain/not present John Dinklage — a/nay abstain �prpe n Roger Farley — &ay/abstain/no Eric Knudsen — y/abstain not resent Peter Plumeau�R" nay/abstain/not present Gayle Quimbyay/abstain/not present Motion carried by a vote of S - v - d +4 Signed this day of 2007, 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). -7-