HomeMy WebLinkAboutSD-05-89 - Decision - 0005 Bartlett Bay RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MAGIC HAT BREWING COMPANY — 5 BARTLETT BAY ROAD
FINAL PLAT APPLICATION #SD-05-89
FINDINGS OF FACT AND DECISION
Magic Hat Brewing Company, hereafter referred to as the applicant, is requesting to
amend a previously approved planned unit development consisting of three (3)
commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The
amendment consists of: 1) installing two (2) 38 ft. high grain storage silos, 2) enclosing a
35' x 125' patio,3) constructing a 28' x 65' addition, 4) constructing a 21' x 84' shed, and
5) a 60' x 91' concrete pad, 5 Bartlett Bay Road. The Development Review Board held
a public hearing on December 6, 2005. John Kipp and Steve Hood 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
The applicant is requesting to amend a previously approved planned unit
development consisting of three (3) commercial and industrial buildings on two
(2) parcels totaling 6.73 acres. The amendment consists of: 1) installing two (2)
38 ft. high grain storage silos, 2) enclosing a 35' x 125' patio,3) constructing a 28'
x 65' addition, 4) constructing a 21' x 84' shed, and 5) a 60' x 91' concrete pad, 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 three (3) page set of plans, page one (1)
entitled, "Site Plan Modifications Bartlett Bay Road South Burlington, Vermont",
prepared by Civil Engineering Associates, Inc., dated May 2003, last revised on
11/11/05.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
C2 Zoning District
Re uired
Pro osed
4 Min. Lot Size
40,000 SF
Unchanged
�l Max. Building Coverage
40%
19.9% (PUD)
�l Max. Overall Coverage
70%
61.9% (PUD)
Max. Front Yard Coverage
30%
Unchanged
�l Min. Front Setback
30 ft.
Unchanged
�l Min. Side Setback
10 ft.
Unchanged
�l Min. Rear Setback
30 ft.
Unchanged
Max. BuildingHeight
35 ft.
Unchanged
zoning compliance
4 preexisting noncompliance
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 has reviewed the plans and have no issues
with 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.
This requirement has already been met.
(c) The project incorporates access, circulation, and traffic management
strategies sufficient to prevent unreasonable congestion of adjacent roads.
This requirement has already been met.
(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.
This requirement has already been met.
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(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.
This requirement has already been met.
(f) 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.
This requirement has already been met.
(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 South Burlington Fire Chief has reviewed the plans and provides comments in a letter
to the Director of Planning and Zoning dated December 1, 2005. His only concerns with
the project were that the applicant follow all requirements from the Vermont Department of
Fire Safety and that the new additions be sprinklered as per the Vermont Division of Fire
Standards.
(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.
The South Burlington City Engineer has reviewed the plans and notes that he finds them
acceptable in his memorandum dated November 23, 2005.
(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.
This requirement has already been met.
U) The project is consistent with the goals and objectives of the Comprehensive
Plan
for the affected district(s).
This requirement has already been met.
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:
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(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.
There is adequate vehicular circulation on the site. Access is provided via a curb cut off
Bartlett Bay Road.
A total of 22 parking spaces are required and 55 spaces are provided including three (3)
handicapped spaces and a bike rack.
Pursuant to Section 13.01(G)(5) of the Land Development Regulations, a bicycle rack shall
be located on the property "to serve persons employed or residing on the premises as well
as the general public". A bicycle rack appears to be shown on the plan, but is not labeled as
such. The applicant should revise the plan to label the location of the bicycle rack.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is located on the sides 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 is proposing two (2) 38' tall grain storage silos and are requesting a 3' height
waiver. The applicant has submitted elevations depicting the silos. The Board supports
granting the height waiver.
(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 13.15(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 proposed additions and grain silos fit compatibly with the current site and surrounding
neighborhood.
(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.
As stated above, the proposed additions and grain silos fit compatibly with the current site
and surrounding neighborhood.
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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.
The reservation of land is not necessary.
(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.
As stated above, Pursuant to Section 13.15(E) of the Land Development Regulations, any
new utility lines, services, or 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).
Pursuant to Section 14.07(C) all dumpsters shall be properly screened to ensure that trash
and debris do not escape from the enclosure(s). The plans depict property screened
dumpster locations.
(d) Landscaping and Screening Requirements.
The minimum landscaping requirement, based on building costs, is $9200, which is not
being met. The applicant has proposed $3000 of landscaping, so is therefore requesting
a $6200 credit for existing landscaping.
Pursuant to Section 13.04(B)(7), snow storage areas must be designated on the plan and
located in an area that "minimizes the potential for erosion and contaminate run-off'. Snow
storage area(s) are not depicted on the plan. The plans should be revised to note their
location.
TRAFFIC
ITE estimates that the current use generates 27.4 vte's during the p.m. peak hour and
with the expansion to generate 31.95 vte's for a 4.55 vte increase.
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DECISION
Motion by Gavle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-05-89 of Magic Hat Brewing Company, subject to the following conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) This 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 plan shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plans shall be revised to comply with the requests of the South Burlington Fire
Chief as outlined in his letter dated December 1, 2005.
b) The plans shall be revised to include a label for the bicycle rack location.
c) The plans shall be revised to note the location of the snow storage area(s).
4) The applicant shall comply with the requests of the South Burlington Fire Chief as
outlined in his letter dated December 1, 2005.
5) The applicant shall comply with the requests of the South Burlington Fire Chief as
outlined in his letter dated December 1, 2005.
6) Pursuant to Section 13.15(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
7) 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 4.55 additional vehicle trip ends during the p.m. peak hour.
8) The applicant shall post a $9200 landscape bond, prior to issuance of a zoning
permit. This bond shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
9) The Board grants the applicant a $6200 credit for existing landscaping.
10) Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
11) The final plat plans (sheets C1 & C2) 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.
12) The board approves a three (3) foot height waiver for the two (2) silos for a maximum
height of 38 feet.
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Mark Behr — e /nay/abstain/not present
Matthew Birmin h m — e nay/abstain/not present
Chuck Bolton — e nay/a stain/not present
John Dinklage a
ay/abstain/not present
Roger Farley — ea
/abstain/not present
Larry Kupferman —
e nay/abstain/not present
Gayle Quimby — �e
nay/abstain/not present
Motion carried by a vote of I D - 0
Signed this L�S day of,::)) 2005, 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 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).
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