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HomeMy WebLinkAboutSP-08-119 - Decision - 0027 Commerce Avenue#SP-08-119 C CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LNP, INC. - 27-31 COMMERCE AVENUE SITE PLAN APPLICATION #SP-08-119 FINDINGS OF FACT AND DECISION LNP Inc, hereinafter referred to as the applicants, is seeking site plan approval to: 1) construct a 26,280 sq. ft. GFA building, and 2) seek approval for an umbrella approval for multiple uses, 27-31 Commerce Avenue. The Development Review Board held a public hearing on Tuesday, January 20, 2009. Paul O'Leary 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 seeking site plan approval to: 1) construct a 26,280 sq. ft. GFA building, and 2) seek approval for an umbrella approval for multiple uses, 27-31 Commerce Avenue. 2. The application was received on December 29, 2008. 3. The owner of record of the subject property is LNP, Inc. 4. The subject property is located in the Mixed Industrial & Commercial Zoning District. 5. The plans submitted consist of a six (6) page set of plans, page one (1) entitled, "Proposed Office/Warehouse on Lots 39 & 40 - Ethan Allen Farms Industrial Park #27 & #31 Commerce Ave. — South Burlington", prepared by O'Leary -Burke Civil Associates, PLC, dated 10/8/08. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements IC Zoning District Required Proposed Min. Lot Size 40,000 SF 182,883 SF �l Max. Building Coverage 40% 12.53% Max. Total Coverage 70% 32.08% ® Max. Front Yard Coverage 30% 0% Min. Front Setback 30 ft. Approx 70 ft. Min. Side Setback 10 ft. Approx 70 ft. Min. Rear Setback 30 ft. Approx 50 ft. 1 FAUSERS\Planning & Zoning\Development Review Boa rd\Findmgs_Decisions\2009\LNP\sp_08_119_ffd doc #SP-08-119 r �l zoning compliance + zoning non-compliance © coverage not provided by applicant; the front yard shall be considered the portion of the lot adjacent to where the drive enters (the northern property line of this property) There are two existing lots proposed as part of the subject application. The applicant is proposing to use both lots as if they were one: dimensional requirements are calculated on the whole and the access to the proposed buildings straddles both lots. Furthermore, the layout of the site is such that if one lot were to be sold independently, that the other would be poorly planned. The Board finds that the two lots should be combined in all senses. This can be accomplished through a lot merger agreement. SITE PLAN REVIEW STANDARDS 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 to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed building will accomplish a desirable transition from structure to structure or from structure to site. The applicant is requesting an umbrella approval of uses. All of the proposed uses are permitted uses in the district. The Board is not concerned at this time about the availability of parking spaces as all of the uses proposed have low demand for such. Staff will be required to assess the availability of parking as each use is proposed in the building. The Board has concerns regarding some of the proposed uses as they will involve outside storage of equipment, materials, and auto sales display. Therefore, the Board approves only the following uses as part of the umbrella approval: a) Contractor or building trade facility b) Distribution and related storage c) Private providers of public services, including vehicle storage and maintenance Should the applicant wish for other uses, they will have to submit a site plan application which would detail where such storage/display will be placed and how it will be accessible. The City Engineer is currently reviewing the plans but was not able to have comments prepared prior to the hearing. The Board does not expect any significant alterations to the plans. The South Burlington Fire Chief is currently reviewing the plans and should have comments available at the meeting. 2 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\LNP\sp_08_119_ffd.doc C #SP-08-119 The South Burlington Water Department has reviewed the plans and provided comments in a letter dated January 5, 2009. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. A total of 36 parking spaces are proposed including two (2) handicapped spaces and a bicycle rack. There are several spaces which are located to the front of the building. The Development Review Board approves the proposed parking layout on the site. (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 building is proposed to be one (2) stories and be 20' high, which is consistent with the development on surrounding properties. (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 15.13(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 applicant has not submitted any elevations for the proposed building. Given the nature of the property and surrounding properties as intensive industrial use and that the applicant is not requesting any waivers of the height limitations; the Board is not concerned with the applicant's ability to meet this criterion. (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. The applicant has not submitted any elevations for the proposed building. The Board discussed this matter and did not request elevations. 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 3 FAUSERS\Planning & Zoning\Development Review Board\Findings Decisions\2009\LNP\sp_08_119_ffd.doc C #SP-08-119 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. Access to the property is already shared with the property at 33 Commerce Avenue. It is not necessary to create access to other properties that abut the subject property. (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 noted above, pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and 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). The plans depict one (1) screened dumpster, accessed from the southern portion of the parking area. (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $21,500 of landscaping. The applicant is proposing $21,754 worth of landscaping. The South Burlington City Arborist has reviewed the proposed landscaping plan and stated he has no comments or need for changes. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage areas must be specified and located in an area that will minimize the potential for run-off. The plans do not depict the snow storage area(s). Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant has submitted exterior lighting details and point by point plans for the proposed lighting which are in compliance with the South Burlington Land Development Regulations. 4 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings Decisions\2009\LNP\sp_08_119_ffd.doc I #SP-08-119 Access/Circulation The proposed access to the subject property is a 50' wide right of way off Commerce Ave, between 19 and 33 Commerce Ave. The applicant has demonstrated legal use of the easement. This is acceptable. Circulation on the site is adequate. 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 depicted on the plans. Traffic Due to a previous agreement, this property is subject to a previously defined dollar amount for traffic impact fees of $880/lot. Other The applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning prior to issuance of a zoning permit. Wetlands The subject property is touched by a class two wetlands. The delineation shown on the location map included in this report represents a delineation done using aerial photography. The applicant has submitted a plan showing ground delineation. These two delineations do not match. The Board considered this and determined that no further research is necessary. DECISION Motion by h r✓� /li% seconded by Wl fAK � E , to approve Site Plan Applicati n #SP-08-119 of LNP, Inc., subject to the followi g 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 of 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 comply with the requests of the City Engineer, if necessary. b. The plans shall be revised to comply with the requests of the Fire Chief, if necessary. 5 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\LNP\sp_08_119 ffd.doc #SP-08-119 c. The plans shall be revised to show adequate snow storage area(s). d. The plans shall be revised to provide the front yard coverage calculation which shall not exceed 30%. 4. The applicant shall adhere to the stipulations of the South Burlington City Engineer, if any. 5. The applicant shall adhere to the stipulations of the South Burlington Fire Chief, if any. 6. The applicant shall adhere to the stipulations of the South Burlington Water Department per the letter dated January 5, 2009. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8. The applicant shall submit a "Lot Merger Agreement" for review by the City Attorney and to be recorded it the South Burlington Land Records prior to permit issuance. 9. The uses of the subject property shall be limited to the following: a) Contractor or building trade facility b) Distribution and related storage c) Private providers of public services, including vehicle storage and maintenance. 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. 10. This approval is conditioned on a maximum of 36 parking spaces required. 11. 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 #10 above. In making his determination, the Administrative Officer shall utilize the parking standards contained in Tables 13-1 —13.6 of the Land Development Regulations. 12. The applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning prior to issuance of a zoning permit. 13. Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 14. 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. 15. Prior to permit issuance, the applicant shall post a $21,500 landscaping bond which shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 16. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the building. 6 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\LNP\sp_08_119_ffd doc #SP-08-119 17. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr - e&/nay/abstain/not present Matthew Birmingham -(/nay/abstain/not present John Dinklage - yea/nay/abstain no presen Roger Farley - e nay/abstain/not present Eric Knudsen - e nay/abstain/not present Peter Plumeau -bea /nay/abstain no re psen Gayle Quimby -nay/abstain/not presen Motion carried by a vote of �-_ D - C> A Signed this U day of 2009, 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 VRECP 5 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 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\LNP\sp_08_119_ffd.doc