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HomeMy WebLinkAboutSP-04-23 - Decision - 0007 Commerce AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING SPILLANE — 7 COMMERCE AVENUE SITE PLAN #SP-04-23 FINDINGS OF FACT, CONCLUSIONS & DECISION Chip and Kevin Spillane, hereafter referred to as the applicants, are requesting site plan approval for a vehicle tow, repair, and storage business and a 5,000 sq ft building at 7 Commerce Avenue. The Development Review Board (DRB) granted site plan approval for this use and building on 6/5/03. The applicant failed to obtain a zoning permit within six (6) months and the approval has expired. This application is for re -approval of the exact same project with no changes. The Administrative Officer may re -approve the site plans if the Development Review Board's approval has expired under Section 14.09 (B)(2) of the Land Development Regulations. Based on the plans and supporting materials contained in the document file for this application, the Administrative Officer finds, concludes and decides as follows: FINDINGS OF FACT The applicants are requesting site plan approval for a vehicle tow, repair, and storage business and a 5,000 sq ft building at 7 Commerce Avenue. 2. The site was previously approved for outdoor vehicle storage for Thrifty Car Rental (#SP-01-69, #CU-01-42). There are no existing structures on the site. However, the previously approved plans depicted a future 8,750 sq. ft. building and 15-space rear parking lot. The current proposal is for the construction of this building and parking lot and associated landscaping. 3. The subject property contains approximately 4 acres and falls within the Mixed Industrial and Commercial (IC) District. Portions of the subject property fall within the Floodplain Overlay (FO) District. 4. The plans consist of 2 sheets entitled "Ethan Allen Farms Industrial Subdivision, 7 Commerce Avenue, South Burlington, VT, Lot 35, Site Plan" prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated July 9, 1999, last revised on May 23, 2003. CONCLUSIONS This application must be reviewed under and comply with the South Burlington Land Development Regulations. 2. As indicated above, portions of the subject property fall within the FO District. However, the proposed site development does not lie within the FO District, which corresponds to the 100 year flood zone. DIMENSONAL REQUIREMENTS 3. The site plan proposal complies with the coverage and setback requirements of the IC District SITE PLAN REVIEW STANDARDS Pedestrian and vehicular access. 4. Access is provided via a 24 ft. wide paved access drive and curb cut on Commerce Avenue. The area contains primarily industrial development and sidewalks are not necessary. The Administrative Officer concludes that access plans are adequate. Circulation. 5. Circulation is proposed to be two-way throughout the site. Internal drive width complies with the 20 ft. minimum width requirement set forth in Section 13.01(K) of the Land Development Regulations. Parking. 6. A 15 space parking lot is proposed. Pursuant to the Land Development Regulations, auto and motorcycle sales, service and repair uses require 2 parking spaces per 1,000 sq. ft. of gross floor area. Warehousing, processing, storage, and distribution uses require 0.5 spaces per 1,000 sq. ft. of gross floor area. The proposed use is intermediate between these two categories, which would require between 18 and 5 parking spaces. Therefore, the Administrative Officer concludes that 15 parking spaces are sufficient. The site plan shows 1 reserved handicapped parking space as required by Section 13.01(1) of the Land Development Regulations. 7. Section 13.01(G)(1) of the Land Development Regulations requires 90 degree parking spaces to have a minimum 9 ft. curb length and 18 ft. depth. The proposed spaces comply with this requirement. 8. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle parking shall be provided for employees on the subject property. Bicycle parking is provided. Adequate loading space is also provided. 9. Pursuant to Section 13.06(B)(2)(a) of the Land Development Regulations, raised planting islands containing trees, shrubs, grasses, and/or ground covers, shall be designed to define major circulation aisles, entrances, and exits. Section 13.06(B)(2)(b) requires the landscape islands to be curbed unless curbless islands are proposed to provide for stormwater runoff into vegetated areas for treatment. The parking lot does not contain planting islands and is not curbed. The DRB concludes that this is acceptable for the site and the proposed development. 10. Section 13.06(B)(1) requires that at least 10% of the interior of the parking area to be landscaped with trees, shrubs or other plants. Furthermore, at least one deciduous shade tree of 2.5" caliper at 6" above ground shall be planted for every 3,000 sq. ft. of paved area, or every 10 parking spaces, whichever is greater. The 2 plans show trees adjacent to the parking area including at least one deciduous shade tree of 2.5" caliper at 6" above ground for every 3,000 sq. ft. of paved area, or every 10 parking spaces, whichever is greater as required by Section 13.06(B)(1) of the Land Development Regulations. Landscaping. 11. The applicant has provided a landscaping plan and budget prepared by a landscape architect at Lamoureux & Dickinson Consulting Engineers, Inc. The proposed landscape budget meets the minimum landscaping costs based on the estimated $100,000 building construction costs and pursuant to Section 13.06(G)(3). Pursuant to Section 13.06(B)(3), the property owner must maintain all approved landscaping in a vigorous growing condition throughout the duration of the use. Outdoor lighting. 12. Pursuant to Section 13.07(A) of the all exterior lighting must be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of - way. Exterior lighting consists of eleven 100W high pressure sodium fixtures mounted on 12 ft. poles and two wall mounted fixtures. Cut sheet details are provided, which indicate that the fixtures can be adjusted to throw light forward. The Administrative Officer notes that the fixtures must be downcasting. In addition, the applicant submitted a point -by -point photometric analysis that demonstrates compliance with the exterior lighting standards set forth in the regulations. 13. Pursuant to Section 13.06(B)(4), snow storage areas must be shown on the plans. The plans show snow storage areas southerly of the gravel parking lot and in the northwest and southwest corners of the vehicle storage area. Pursuant to Sections 14.06 and 14.07 of the proposed Land Development Regulations, the following review standards shall apply to site plan applications: (a) The relationship of the proposed development to goals and objects set forth in the City of South Burlington Comprehensive Plan. 14. The Comprehensive Plan states that the city should encourage development while protecting natural resources and promoting a healthy and safe environment. The Administrative Officer concludes that the development proposal is in keeping with the recommended actions of the Comprehensive Plan. (b) 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. 15. One 8,750 structure is proposed. Parking will be located at the rear of the structure. Landscaping is proposed at the front and the sides of the structure. In addition, a fence is proposed to screen a large vehicle storage area. The Administrative Officer concludes that the site offers desirable transitions between site features. 3 (c) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 16. The parking area is located at the rear of the building. Section 13.01(G)(1) of the Land Development Regulations establishes design requirements for parking spaces. Stalls have 9 ft. curb lengths and 18 ft. depths. These spaces meet the requirements of Section 13.01(G)(1). 17. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle parking facility is shown at the southerly end of the building. (d) 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. 18. The Administrative Officer concludes that the proposed height and scale of the building is consistent with the development of adjoining properties. (e) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 19. As shown on the plans, new utility lines will be underground. (f) The combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles shall be encouraged. 20. Adequate landscaping and screening are proposed. In addition, the proposed building is in keeping with the industrial character of the neighborhood. (g) 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. 21. The structure is proposed to front and be parallel to the street. The Administrative Officer concludes that the structure relates appropriately to the site. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the proposed 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. 22. The reservation of land is not necessary. 4 (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. 23. Underground utility lines are proposed. (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). 24. The plans indicate that there is a dumpster within the fenced vehicle storage area. The 8 ft. chain link fencing with privacy slats provides adequate screening and security. DECISION The Administrative Officer approves site plan #SP-04-23 with the following stipulations: 1. All previous approvals shall remain in full force and effect except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six months of this decision pursuant to Section 17.04 of the Land Development Regulations or this approval shall be null and void. 4. Pursuant to Section 13.06(B)(3) of the Land Development Regulations, the property owner must maintain all approved landscaping in a vigorous growing condition throughout the duration of the use. 5. Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting must be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. Any changes to the approved exterior lighting shall require approval of the Director of Planning and Zoning. 6. Prior to the issuance of a zoning permit, the applicants must provide a suitable performance bond, escrow account, or letter of credit in the amount of $3,940 to guarantee the completion of all required landscaping and site work pursuant to Section 14.05(K) of the regulations. 7. Prior to use of the structure, vehicle storage area, or parking area, the applicant shall obtain a certificate of occupancy from the Administrative Officer. .A Signed this ay of c/ _2004, by ' Raymond J.Belair Administrative Officer 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 $150.00. 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).