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HomeMy WebLinkAboutSP-16-38 - Decision - 0014 Berard DriveI CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MOVEABLE PEAKS, INC. — 14 BERARD DRIVE SITE PLAN APPLICATION #SP-16-38 FINDINGS OF FACT AND DECISION #SP-16-38 Site plan application #SP-16-38 of Moveable Peaks, Inc. to amend a previously approved plan for a 23,620 sq. ft. equipment rental use building. The amendment consists of: 1) approval to construct a 4,820 sq. ft. addition, and 2) after -the -fact approval for 12 detached accessory structures (storage containers) of 342 sq. ft. each, 14 Berard Drive. The Development Review Board held a public hearing on July 19 and August 2, 2016. The applicant was represented by Skip McClellan and John Crabbe, Jr. 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, Moveable Peaks, Inc., seeks to amend a previously approved plan for a 23,620 sq. ft. equipment rental use building. The amendment consists of: 1) approval to construct a 4,820 sq. ft. addition, and 2) after -the -fact approval for 12 detached accessory structures (storage containers) of 342 sq. ft. each, 14 Berard Drive. 2. The owner of record of the subject property is Moveable Peaks, Inc. 3. The application was received on June 13, 2016. 4. The property lies within the Mixed Ind ustrial-Commercial Zoning District. 5. The plan submitted consists of seven (7) pages with the first page titled "Site Plan Vermont Tent Company" prepared by Krebs & Lansing Consulting Engineers, and dated 6/7/2016. A. ZONING DISTRICT & DIMENSIONAL STANDARDS All dimensional standards are being met by the applicant and the proposed changes (addition and accessory structures) will also meet the standards. B. ACCESSORY STRUCTURES AND USES 3.10Accessory Structures and Uses A. General Requirements. Customary accessory structures and uses are allowed in ail districts, as specifically regulated in that district, under the provisions thatfollow below. (1) On lots of less than one (1) acre in size, no more than two (2) accessory structures, including a detached private garage, shall be permitted per principal #SP-16-38 structure. On lots used primarily for agricultural uses and lots that are one (1) acre or greater in size, more than two (2) accessory structures shall be permitted provided ail applicable limitations on coverage and setbacks in these Regulations are met. The lot on which the accessory structures are located is greater than one (1) acre in size and therefore may have more than two (2) accessory structures. (2) Accessory structures, if detachedfrom a principal structure, shall not be placed in the front yard, and they shall not, if placed in a side yard, be located closer to the street than the required front setback of the principal structure. The twelve (12) accessory structures are located behind the building. The Board finds this criteria met. (3) Accessory structures shall be located a minimum offive (5) feet from all side and rear lot lines. The accessory structures are more than five (5) feet from all side and rear lot lines. The Board finds this criteria met. (4) ... (5) ... (6) ... (7) Accessory structures shall comply with front setback requirements for the principal structure to which they are accessory. The accessory structures comply with the front setback requirements for the principal structure. The Board finds this criteria met. (8) ... (9) The total square footage of all accessory structures shall not exceed fifty percent (50%) of the first or ground floor of the principal structures, with the exception of in -ground pools, tennis courts, and other similar structures at grade level, which shall not be counted towards the maximum square footage of accessory structures. The applicant states that the accessory structures are each 342 square feet in size and therefore the total area for all the accessory structures is 4,104 square feet. The existing building is 28,514 square feet, which results in the accessory structures being 14.4% of the total square footage. If the proposed addition is built the accessory structures will be 12.3% of the total square footage. The Board finds this criteria met. (10) The footprint of the accessory structure(s) shall be included in the computation of lot coverage, except for ramps and other structures for use by the disabled, which in the sole discretion of the Administrative Officer are consistent with the purpose of providing such access and do not constitute a de facto expansion of decks, porches, etc. 4 I #SP-16-38 The applicant confirmed in an email dated July 14, 2016 that the accessory structures were included in the lot coverage calculations. C. SITE PLAN REVIEW STANDARDS Section 14 of the Land Development Regulations establish the following general review standards for site plan applications: 1) Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The property is located in the Northeast Quadrant where the pattern of land use has "focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers an ancillary services. It should also continue to emphasize uses that are less critical within the core of the City." The Board considers that the services provided by Moveable Peaks are those which are not critical to the core of the City and that this type of businesses would not be easily compatible with a residential area. The Board finds this criteria met. 2) 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. The accessory structures on the site do not appear to have a planned relationship to the principal existing building or to each other. The accessory structures are predominantly located around the perimeter of the rear parking area. 2) Parking The number of parking spaces will increase from 32 to 42 to accommodate the increase in square footage that is the result of the proposed addition (two (2) spaces/1,000 sq. ft. for equipment rental use). The Board finds this criteria met. 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. The proposed addition is the same height as the existing building and will have the same color, type, and style of siding. The Board finds this criteria met. 3) Relationship of Structure and Site to Adjoining Area 1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g. rhythm, color, texture, form or detailing), landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings of different architectural styles. #SP-16-38 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. The proposed addition and accessory structures are within an area that is predominantly industrial and commercial without any adjacent housing and it is very near the airport. The buildings in this area tend to reflect that setting by being more industrial looking and this site follows that pattern. The proposed addition will blend with the existing building by having the same color, type, and style of siding. The construction of the addition will result in the building being closer to an existing gravel parking area on an adjacent lot. D. SPECIFIC REVIEW STANDARDS A. Access to abutting properties. The reservation of land may be required on any lotfor provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No reservation of land is necessary. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The plans do not show the addition of any utility infrastructure. C. Disposal of Wastes. All dumpsters and otherfacilities 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). Small receptacles intendedfor use by households or the public (i.e., non- dumpster, non -large drum) shall not be required to be fenced or screened. No new clumpsters, recycling, or composting areas are proposed; however, the clumpsters are proposed to be moved to a new location on the site which will be closer to the adjacent property. The applicant confirmed to the Board that opaque screening will be installed around the clumpsters. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The applicant is requesting that the value of some existing trees on the property be counted towards the total landscaping budget requirement (Section 13.06(G)). The applicant's landscape architect has estimated the combined value of the trees is $12,366. Proposed new landscaping totals $2,489 for a combined total of $14,855. According to landscaping information submitted by the applicant, building construction cost is estimated at $450,000. Required minimum landscaping is calculated as follows: Total Building Construction or % of Total Construction/impro Cost Improvement, Cost F11 #SP-16-38 Up to $250,000 3% $7,500 Next $250,000 2% $4,000 Remainder over $500,000 1% N/A Total: $11,500 Landscaping Estimated Value Existing trees to remain $12,366 New plantings $2,489 Total: $14,855 The Board received an email from the property owner, Scott Pidgeon of Engineers Construction, Inc., to the west on July 20, 2016 stating: The property at 24 Berard Drive is being used as a recyclelfill site. It will continue like this for the next ten to fifteen years, so there is no need to hove screening between us and Vermont Tent property for our behalf. Pursuant to Section 13.06(G), the Board may grant some credit for existing trees as long as the objectives of Section 13.06 are not reduced. Due to the location of the property, neighboring land uses, and the plan to retain trees near the proposed addition, the Board finds a credit to be acceptable as proposed by the applicant. The Board authorizes a credit of $9,011. E. LIGHTING Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcast to prevent light from spilling onto adjacent properties and rights -of -way. In an email dated July 14, 2016 the applicant confirmed that the lighting fixtures met the requirements of the LDRs. F. TRAFFIC GENERATION The proposed addition and accessory structures (totaling 8,924 sq. ft.) is estimated to contribute 8.84 PM Peak Hour Trip Ends according to the Trip Generation Manual (91h Edition) of the Institute of Transportation Engineers using land use code 811. The applicant will be responsible for paying the resulting traffic impact fees. G. STORMWATER The following comment was shared in an email from the Assistant Stormwater Superintendent on July 12, 2016: The Storm water Section has reviewed the "Vermont Tent Company"site plan prepared by Krebs & Lansing, dated 617116. We would like to offer the following comments: 1, For projects where the combination of New Impervious Area and Redeveloped/Substantiolly Reconstructed Existing Impervious Surface is equal to or greater than 5,000 sf the application must meet the requirements of Section 12.03(C) of the City's Land Development Regulations (LDRs). .1 #SP-16-38 2. If the area of the lot or parcel being redeveloped or substantially reconstructed is less than 50% of the lot's existing impervious surface area, then only those portions of the lot or parcel that are being redeveloped or substantially reconstructed must comply with a// parts of Section 12.03(C) of the LDRs. Thank you for the opportunity to comment, Dave The applicant confirmed to the Board in the public hearing on August 2, 2016 that any necessary improvements for stormwater would be made to satisfy the requirements of the Stormwater Division and the City's regulations. A condition of this decision will be that the plans must be updated to show any stormwater improvements necessary to meet the requirements of Section 12 of the Land Development Regulations. DECISION Motion by Frank Kochman, seconded by Matt Cota, to approve site plan application #SP-16-38 of Moveable Peaks, Inc., subject to the following conditions: All previous approvals and stipulations which are not changed by this decision, will remain in full eff ect. 2. The plan must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to permit issuance. a. The plans must be revised and updated to show any stormwater improvements necessary to meet the requirements of Section 12 of the Land Development Regulations. 3. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 4. Prior to permit issuance, the applicant must post an $11,500 landscaping bond. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 5. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must 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 addition and accessory structures (storage containers) will generate 8.84 additional vehicle trip ends during the P.M. peak hour. 1.1 #SP-16-38 8. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 9. The applicant must 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. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the new addition and accessory structures. 12. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 4— 1 — 0. Signed this 25thday of August Bill Miller, Vice -Chair 2016, by 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 http://vermontjudiciary.org/GTC/environmental/default.aspx 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.