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HomeMy WebLinkAboutSD-13-27 - Decision - 0027 Commerce Avenue#SD-13-27 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LNP, INC. — 27 COMMERCE AVENUE PRELIMINARY & FINAL PLAT APPLICATION #SD-13-27 FINDINGS OF FACT AND DECISION The applicant, LNP, Inc., is seeking Preliminary & Final Plat review to amend a previously approved plan for a 26,280 sq. ft. mixed use commercial/industrial building with an umbrella approval. The amendment consists of a planned unit development to construct a new 14,000 sq. ft. building with its own umbrella approval for a mixture of potential commercial/industrial uses, 27 Commerce Avenue. The Development Review Board held a public hearing on October 1 and October 15, 2013. The applicant was represented by Al Senecal and Paul O'Leary. 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, LNP, Inc., is seeking Preliminary & Final Plat review to amend a previously approved plan for a 26,280 sq. ft. mixed use commercial/industrial building with an umbrella approval. The amendment consists of a planned unit development to construct a new 14,000 sq. ft. building with its own umbrella approval for a mixture of potential commercial/industrial uses, 27 Commerce Avenue. 2. The owner of record of the subject property is LNP, Inc. 3. The subject property is located in the Industrial & Open Space Zoning District. 4. The application was received on August 9, 2013. 5. The plan submitted consists of a nine (9) page set of plans, page one (1) entitled, "Proposed Office Warehouse on Lot 40 — Ethan Allen Farms Industrial Park #27 Commerce Ave. South Burlington", prepared by O'Leary — Burke Civil Associates, PLC, dated 8-5 13 and last revised on 9-24-13. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Mixed Industrial and Commercial Zoning District Required Proposed Min. Lot Size 40,000 SF 182,850 Max. Building Coverage 40% 20.3% Max. Overall Coverage 70% 65.4% Front Yard Coverage 30% 29.9% Min. Front Setback 30 ft. 30 ft. Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. 30 ft. SD-1 3-27-27CommerceAve—LNP_pre lim_and_final_ffd.doc CI #SD-13-27 � Zoning compliance 6. Dimensional requirements are met for this project. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The City of South Burlington Water Department has no comments with respect to the water system. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The City Engineer has no comments with respect to the wastewater system The applicant shall obtain preliminary wastewater allocation prior to final plat approval and final wastewater allocation prior to issuance of a zoning permit. Preliminary wastewater allocation has not been obtained. 7. The applicant shall obtain preliminary wastewater allocation prior to final plat approval and final wastewater allocation prior to issuance of a zoning permit. 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. 8. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the subject lot is proposed via an existing driveway that connects to Commerce Avenue and that is currently used to serve a two story existing warehouse at 31 Commerce Avenue. This criterion is being met. 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. N SD_13_27_27CommerceAve_LNP_prelim_and_final ffd.doc #SD-13-27 The plan delineates a Class Two wetland located to the south of the property and its associated 50 ft. buffer. The parcel itself as well as the proposed building is located outside of the buffer. The criterion is being met. 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 districts) in which it is located. The proposed building is compatible with those already built in the area and the proposed use is consistent with the purposes of the Mixed Industrial Commercial Zoning District. This requirement is being met. 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 proposed building and parking is located outside a wetland buffer area to the south. Existing trees and new tree plantings are also proposed along the parcel's southern boundary. This requirement is being met. 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 SBFD Fire Chief provided the following comments to staff on September 271n: We have reviewed the plans for this proposed project. We have the following concerns and/or recommendations. 1. Commercial structures will need fire protection plan review from the South Burlington Fire Marshal's office to review for compliance with the Vermont Fire and Building Safety Codes. 2. Sprinklers, fire alarms, and standpipes per the VFBSC. 3. Trees, fences and floral outcroppings should be placed so as not to interfere with the deployment of the aerial ladder, hoselines, portable ladders and other firefighting equipment. 4. Provide 24 hour per day off -site (central station) monitoring of all fire alarm and protection systems. 5. Provide emergency key boxe(s), location to be specified by SBFD. 6. A minimum of one (1) new fire hydrant shall be added on the north side of the building. 9. The applicant should adhere to the Fire Department's recommendations. 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 plans provide a safe access to the lot via the proposed access drive. 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 criterion is being met. 3 SD_13_27_27CommerceAve_LNP_prelim_and_final_ffd doc #SD-13-27 Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds the proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: 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. Based upon a 9,800 SF warehouse and an 8,400 SF office, a total of thirty-five (35) new parking spaces are required. Thirty-six (36) parking spaces are proposed of which two (2) are handicapped -accessible. Chapter 14.06 of the South Burlington Land Development Regulations states the following: Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act, The parking area will serve a single or two-family home, The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street, (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s), or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. 0 SD_13_27_27CommerceAve_LNP_prelim_and_final_ffd doc #SD-13-27 Parking approved pursuant to 14.06(8)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The proposed 15 parking spaces along the eastern edge of the lot will become part of the lot to the east that serves the building at 31 Commerce Avenue. This would trigger the requirement contained in Article 13, Section 13.06 (B) Landscaping of Parking Areas that "parking areas containing twenty-eight (28) or more contiguous parking spaces .......... at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. The applicant has submitted a plan sheet showing that 12.8% of the parking lot interior is landscaped islands. 10. The Board finds that this requirement is met. Upon completion of the building, this will complete the PUD with 31 Commerce Avenue. The 31 Commerce Avenue building is currently approved for a total of twenty-one (21) pm peak hour vehicle trip ends (vtes) and 43 parking spaces. The applicant is requesting an allocation of 16 additional vtes in connection with the construction of the new building at 27 Commerce Avenue and will have to pay the road impact fees based upon number. The combined uses of the two buildings will become the parameter regulating vte and required parking. This project would bring the total requested number of vtes to thirty-seven (37) for the PUD as a whole. 11. The Board finds that the project will receive an allocation of sixteen (16) Vehicle Trip Ends and will pay road impact fees based upon that number. 12. The Board establishes a traffic budget of thirty-seven (37) Vehicle Trip Ends for the PUD of 31 Commerce Avenue and 27 Commerce Avenue. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle rack is shown on the plans. 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 scale of the proposed buildings is compatible with the site and existing buildings in the area. The height of the proposed building is two stories and 20', which is under the 35' height maximum for the City. 13. The Board finds that this requirement is being met. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. S D_ 13_2 7_2 7 C o m m e rceA ve_ L N P_p re l i m_a n d_f i n a I_ffd . d o c #SD-13-27 14. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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 applicant has submitted building elevations and landscaping plans. The Board finds that the proposal is consistent with this requirement. 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 applicant has submitted building elevations and landscaping plans. The Board finds that the proposal is consistent with this requirement. 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 Land Development Regulations: 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board finds the reservation of additional land is not warranted. 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. 15. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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). No new dumpster is proposed to serve 27 Commerce Avenue. An existing dumpster located at 31 Commerce Avenue is shown and will serve both lots. This criterion is being met. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. 0 SD-1 3-27-27CommerceAve—LNP—Prelim—and—final—ffd.doc #SD-13-27 Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. The overall construction budget for the building is $540,000. Pursuant to Table 13-9 Landscaping Value Requirements of the Land Development Regulations, the minimum landscaping requirement is $12,400. The applicant has submitted a landscape plan detailing proposed new landscaping with a budget of $12,406.25. Section 13.06(G) notes that "(i)n evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The City Arborist has reviewed the plan and considers it to be satisfactory. 16. The Board finds that this requirement is being met. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show a snow storage area for the subject property. As noted in the applicant's comments below concerning stormwater, any snow that is unable to be stored in the snow storage area will be trucked off site. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. All lighting shall be shielded and downcast. The applicant has submitted a lighting point by point plan and lighting cut -sheets with submission of the site plan application. The Board finds that this requirement is being met. Section 3.09(B) (2) Umbrella Permit The applicant is seeking an umbrella approval for the new building for the following permitted uses: Office, Contractor or building trade facility, Distribution and related storage; Equipment service, repair & rental, Retail warehouse outlet; Private providers of public services, including vehicle storage and maintenance, Auto and motorcycle sales and service, and Light manufacturing If the land development regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall no longer be approved. These uses shall not exceed in need the current approved number of parking spaces without further review and approval by the Development Review Board. 7 SD_13_27_27CommerceAve_LN P_prelim_and_final_ffd.doc #SD-13-27 Department of Public Works Comments, stormwater: provided to staff on September 20, 2013: I reviewed the plans for the proposed office/warehouse located on lot 40 of the Ethan Allen Farms Industrial Park project located at 27 Commerce Avenue, dated 815113, and prepared O'Leary -Burke Civil Associates, PLC. I would like to offer the following review comments: 1. The project will disturb greater than 1 acre of land and will require a construction stormwater permit (3-9020 or individual permit) from the State of Vermont DEC Stormwater Division. This should be noted on the final decision. 2. The project will create greater than 1 acre of impervious area and will require a stormwater permit (3-9015 or individual permit) from the State of Vermont DEC Storm water Division. The project may be subject to an existing State stormwater permit issued to the Ethan Allen Industrial Park, which may satisfy State permitting requirements. The applicant should provide information to clarify the State storm water permitting status for this project. The DRB should note the requirement for State storm water permitting on the final decision, or if the property is covered under an existing permit the permit number should be provided by the applicant and indicated in the final decision. 3. The project proposes to utilize a swale along the south, west and north property boundary to direct stormwater runoff generated on site to a 15" pipe that connects to an existing drainage system under Commerce Avenue. This existing drainage system under Commerce Avenue eventually discharges into a stormwater pond located to the west. a. The plans show an existing drainage pipe (labeled 8" PVC) crossing the northwest corner of the property. What is the condition of this pipe? Records at the DPW indicate that there is a storm drain included on this pipe run that is located at the NW corner of the property. The plans do not show this storm drain. Please confirm that this storm drain does not exist and that water will not leave the site via the 8" PVC pipe. b. The proposed project includes addition of-46,750 s.f. of pavement and walkway, but snow storage is limited to a -1,200 s.f. area located in the southeast corner of the property. Please confirm that this is enough space for snow storage. If snow is pushed into the swale surrounding the property it could cause water to flow onto adjacent properties. C. A detail for the proposed drainage swale shows a 12" bottom and 2:1 side slopes. Please provide information showing that this swale is has adequate capacity to convey runoff from the site to the drainage system under Commerce Avenue and that the swale will not overtop during larger storm events (e.g. the 10-yr or 25-yr, 24 hour event.). 4. Is invert information available for the existing storm manhole with rim located at 218'. 5. Provide an invert elevation for the parking lot underdrain that discharges to the drainage Swale near the 15" pipe inlet? 6. The "typical parking and underdrain detail" on page 7 indicates that the underdrain pipe is 4" solid PVC, but a note indicates that this is 4" perforated PVC pipe. 7. Confirm that the property will not contain additional dumpsters. 8. The plans contain a detail for an outlet structure. Where is this structure located on the property? 9. The DRB should include a condition requiring the applicant to regularly maintain all stormwoter treatment and conveyance structures on -site. 10. The final decision should require that final hydrologic modeling be submitted to the Department of Public Works so that this information can be kept on file. 8 SD_13_27_27CommerceAve_LN P_prelim_and_final_ffd.doc #SD-13-27 The applicant's engineer, Paul O'Leary, responded to the above comments in a letter dated 9/25/13. I have reviewed your comments on the plans for the proposed office/warehouse located on lot 40 of the Ethan Allen Farms Industrial Park project located at 27 Commerce Avenue dated 9-18-13. In response 1 have the following comments: 1. The applicant will apply for a Construction Stormwater Permit #3-9020 from the State of Vermont DEC Stormwater Division. 2. The project is subject to State Storm water Permit #3870-9010. The permit specifically authorizes stormwater runoff from Lots 22 through 40 to be conveyed via an existing closed collection system to a detention basin located on Lot 35. The permit assumes up to 70% impervious coverage on the lot. Please refer to the copy of Permit #3870-9010 included with this letter. 3. a) The existing drainage pipe was found to be in poor condition and no easement rights to utilize the storm pipe were found. Therefore, the pre-existing 8" drainage pipes were not utilized as part of the stormwater conveyance design for the applicant's lots. Instead stormwater will be directed to the 15" pipe that connects to an existing drainage system under Commerce Ave. Field investigations have not revealed the existence of the storm drain in the northwest corner of the parcel referenced in your letter and therefore were not included on the plans. b) Snow which cannot be plowed onto the snow storage area will be collected and trucked off site as needed. No snow will be plowed into the proposed Swale. c) Two HydroCAD models were developed to confirm the ability of the Swale on the property to convey stormwater runoff and prevent overtopping onto neighboring property. Please refer to the attached HydroCAD data for details on the model. The swales were originally designed for a 10 year storm event and have been modified slightly to now accommodate the 25 year storm event. The model output sheets titled 'Upper Swale' refer to the portion of the Swale along the southerly and westerly edges of the parcel. The Swale was expanded to a bottom width of 2.5' and depth of 1' to accommodate the peak 25 year runoff from the site of 4.55 cfs. The model output sheets titled 'Design Swale' refer to the portion of the Swale along the northerly edge of the parcel. The 4' wide and 1.5' deep channel is sufficient to convey the peak 25 year runoff of 5.51 cfs. 4. The existing storm manhole invert is at 218.6' and the rim is at 223' the plans have been corrected to reflect these values. 5. The invert elevation for the parking lot underdrain that discharges to the drainage Swale is 220.1. 6. The detail has been corrected to reflect that the proposed underdrain pipe is a 4" perforated PVC pipe. 7. The property will not contain any additional dumpsters. 8. The outlet structure depicted on the detail sheet is located on the currently developed portion of the property (Lot 39) and is shown on Sheet 1-Existing Conditions. 9. All stormwater treatment and conveyance structures will be regularly maintained by the applicant. 10. The final hydrologic modeling will be submitted to the Department of Public Works for their files. 0 SD_13_27_27CommerceAve_LN P_prelim_and_final_ffd.doc #SD-13-27 The Public Works Department indicated via an email on October 4thto staff that they reviewed the applicant's response and had no further comment DECISION Motion by Tim Barritt, seconded by David Parsons, to approve preliminary and final plat application #SD- 13-27 of LNP, Inc. subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. Prior to permit issuance, the applicant shall post a $12,406.25 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. 4. The uses of 27 Commerce Avenue shall be limited to the following: Office, Contractor or building trade facility, Distribution and related storage; Equipment service, repair & rental, Retail warehouse outlet, Private providers of public services, including vehicle storage and maintenance, Auto and motorcycle sales and service, and Light manufacturing If the Land Development Regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall be no longer be approved. 5. The applicant shall obtain approval from the Administrative Officer prior to any change of any tenant in the building. The Administrative Officer shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #7 below. In making his determination, the Administrative Officer shall utilize the parking standards contained in Tables 13-1- 13.6 of the Land Development Regulations. 6. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Administrative Officer estimates that this project will generate 16 additional vehicle trip ends during the p.m. peak hour. 7. This approval is conditioned on seventy-nine (79) parking spaces and a total of 37 pm peak hour vehicle trip ends for the PUD of 27 and 31 Commerce Avenue combined. Any changes in use for this PUD shall not exceed 37 pm peak hour vehicle trip ends without obtaining site plan approval to amend this maximum. 8. 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. 9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the facility. 10 SD_13_27_27CommerceAve_LNP_prelim_and_final_ffd. doc #SD-13-27 10. The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site. 11. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— ea nay abstain not present Mark Behr — yea nay abstain spot p_resefi`t, Art Klugo — <yea nay abstain not present Bill Miller— yea nay abstain (-not presen David Parsons ea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — 4e-a". nay abstain not present Motion carried by a vote of 1— 0-0 Signed this day of 2013, by Art Klugo, Vice Chairman 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://vermonteudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. 11 S D_ 13_2 7_2 7 C o m m e rceAve_ L N P_p re l i m _a n d_f i n a I_ffd . d o c