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Home My WebLink AboutSP-13-45 - Decision - 0037 Commerce Avenue#SP-13-45 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JOE EDDY HOLDINGS, LLC — 37 COMMERCE AVENUE SITE PLAN APPLICATION #SP-13-45 FINDINGS OF FACT AND DECISION The applicant, Joe Eddy Holdings, LLC is seeking to amend a previously approved plan for a 13,175 sq. ft. building consisting of 5,000 sq. ft. of wholesale use and 8,175 sq. ft. of warehouse use. The amendment consists of adding an umbrella approval to the property for a number of commercial and industrial uses, 37 Commerce Avenue. The Development Review Board held a public hearing on September 17, 2013. Andy Rowe represented the applicant. 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 is seeking to amend a previously approved plan for a 13,175 sq. ft. building consisting of 5,000 sq. ft. of wholesale use and 8,175 sq. ft. of warehouse use. The amendment consists of adding an umbrella approval to the property for a number of commercial and industrial uses, 37 Commerce Avenue: Personal instruction facility, Auto & motorcycle service & repair, Commercial kennel, veterinary hospital and pet day care, Contractor or building trade facility, Distribution and related storage, with >15% of GFA in office or other principal permitted use by same tenant; Manufacturing & assembly from previously prepared materials & components, Office, general, Office, medical, Personal or business service, principal use; Personal or business service, up to 3000 sf GFA per any one principal structure; Pet grooming; Photocopy & printing shops, with accessory retail, Printing & binding production facilities, Private providers of public services, including vehicle storage and maintenance; Processing and storage, Radio & television studio, Recreation facility, indoor, Retail and retail services up to 3000 sf GFA within any one principal structure; Retail warehouse outlet; Transportation services, Wholesale establishments, Light Manufacturing; Research facility or laboratory, Wholesale establishments; Warehousing, storage & distribution facilities; Equipment service, repair & rental, Accessory uses to the uses listed above. 1. The owner of record of the subject property is Joe Eddy Holdings, LLC. 2. The subject property is located in the Mixed Industrial -Commercial Zoning District. 3. The application was received on July 26, 2013. 4. The plan submitted is entitled, "Ethan Allen Farms Industrial Subdivision South Burlington, Vermont Joe Eddy Holdings,LLC Site Plan — Lot #29 37 Commerce Avenue", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 7-24-01, and last revised on 09-06-13. - 1 — F \USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SP_13_45_37CommerceAve_JoeEddyHoldings_umbrella_ffd doc #SP-13-45 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS 5. Building coverage, overall coverage and front yard coverage will remain unchanged. 6. Setback requirements are being met. 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. 7. No changes are proposed other than adding various uses to the building. A total of 15 parking spaces including one (1) handicapped space and a bike rack are available for the future uses. 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. 8. There are no changes proposed to the height of the existing buildings. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 9. No changes are proposed to utility services. 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. 10. There are no changes proposed to the existing structures. 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. 11. There are no changes proposed to the existing structures. 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 12. The reservation of any additional land is not warranted as part of this application. -2— F \USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_45_37CommerceAve_JoeEddyHoldings_umbrella_ffd doc #SP-13-45 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. 13. No changes are proposed. 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). 14. The plans show a proposed dumpster, adequately screened. 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. 15. There are no changes proposed to the existing landscaping. 16. The plans depict adequate snow storage areas. 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. 17. No changes to lighting proposed. Access/Circulation Access to and 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. 18. A bicycle rack is depicted on the plans. Traffic Traffic will not be affected as a result of this application. The applicant shall be responsible for obtaining approval and paying traffic impact fees for additional traffic which may result from a change of use. Any changes proposed to category of use and resulting traffic shall be reviewed under the umbrella permit, and limited to the maximums set herein. Based upon current uses of 13,175 SF of warehouse & wholesale uses (ITE LUC #150), the estimated number of vehicle trip ends generated by current uses is 4.22 trip ends. -3— F \USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_45_37CommerceAve_JoeEddyHoldings_umbrella_ffd doc #SP-13-45 Should the current or future uses exceed 4.22 PM peak hour vehicle trip ends the subject property, the applicant will be responsible for seeking Board approval for such and paying any result traffic impact fees. As noted above, any changes proposed to category of use and resulting traffic shall be reviewed under the umbrella permit, and limited to the maximums set herein. A total of 15 parking spaces including one (1) handicapped space are available for the future uses. 19. The Board finds and approves fifteen (15) parking spaces and a total of 4.22 pm peak hour vehicle trip ends for subject property. Any changes in use shall not exceed 4.22 pm peak hour vehicle trip ends for both the commercial and residential without obtaining Site Plan approval to amend this maximum. DECISION Motion by Tim Barritt, seconded by Jennifer Smith, to approve site plan application #SP-13-45 of Joe Eddy Holdings, LLC 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. The uses of the subject property shall be limited to the following: Personal instruction facility, Auto & motorcycle service & repair; Commercial kennel, veterinary hospital and pet day care; Contractor or building trade facility, Distribution and related storage, with >15% of GFA in office or other principal permitted use by some tenant; Manufacturing & assembly from previously prepared materials & components, Office, general, Office, medical; Personal or business service, principal use, Personal or business service, up to 3000 sf GFA per any one principal structure; Pet grooming, Photocopy & printing shops, with accessory retail, Printing & binding production facilities, Private providers of public services, including vehicle storage and maintenance, Processing and storage, Radio & television studio, Recreation facility, indoor, Retail and retail services up to 3000 sf GFA within any one principal structure, Retail warehouse outlet, Transportation services, Wholesale establishments, Light Manufacturing, Research facility or laboratory, Wholesale establishments; Warehousing, storage & distribution facilities, Equipment service, repair & rental; Accessory uses to the uses listed above. 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. 4. This approval is conditioned on fifteen (15) parking spaces and a total of 4.22 pm peak hour -vehicle trip ends for the subject property. Any changes in use shall not exceed 4.22 pm peak hour vehicle trip ends without obtaining site plan approval to amend this maximum. -4— F \USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_45_37CommerceAve_JoeEddyHoldings_umbrella_ffd doc c' #SP-13-45 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 #4 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. 6. 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. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of any new use. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present Motion carried by a vote of 4 — 0 — 0 Signed this day of 6�4-phw Art Klugo, Vice Chairman 2013, 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://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. -5— F \USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SP_13_45_37CommerceAve_JoeEddyHoldings_umbrella_ffd doc