The URL can be used to link to this page

Home My WebLink AboutSP-24-13 - Decision - 0039 Bowdoin Street#SP-24-13 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING NEAGLEY & CHASE CONSTRCUTION 39 BOWDOIN STREET SITE PLAN APPLICATION #SP-24-13 DRAFT FINDINGS OF FACT AND DECISION Site plan application #SP-24-13 of Neagley & Chase Construction to construct a 12,840 sf contractor or building trade facility with supporting parking and infrastructure improvements, 39 Bowdoin St. This application was originally approved by the Board as #SP-22-020 on April 13, 2023, and included a condition of approval that required the applicant to “obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void”. The applicant did not obtain a zoning permit by October 13, 2023, so Site Plan approval #SP-22-020 expired on October 14, 2023. Section 14.04.B(1)(b) of the LDR gives the Administrative Officer the authority to issue “re-approval of plans if a permit issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed”. The applicant submitted #SP-22-020 for re- approval on April 10, 2024, which was within six months of that application’s expiration. No changes or alterations are proposed by the applicant as part of this re-submission – however, since the time that #SP-22-020 was first submitted, the City of South Burlington has adopted a new ordinance regarding heating and water heating in new buildings, and updated LDR Section 3.19 regarding on-site solar photovoltaic systems. These new and updated standards do apply to this re-submission, and are discussed in further detail on page 2 of this report. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. This project consists of Site plan application #SP-24-13 of Neagley & Chase Construction to construct a 12,840 sf contractor or building trade facility with supporting parking and infrastructure improvements, 39 Bowdoin St. 2. The subject property is located in the Industrial & Open Space Zoning District. 3. The owner of record of the subject property is Neagley & Chase Construction. 4. The application was received on April 10, 2024. 5. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date A1.0 Building Elevations Scott & Partners 9/21/2022 A2.0 Building Floor Plans Scott & Partners 11/7/2022 C1.0 Overall Site Plan CEA, Inc. 9/21/2022 C1.1 Existing Conditions Site Plan CEA, Inc. 6/27/2022 C2.0 Proposed Conditions Overall Site Plan CEA, Inc. 9/21/2022 C2.1 Proposed Site Improvements Plan CEA, Inc. 9/21/2022 #SP-24-13 2 C2.2 Proposed Conditions Grading & Draining Plan CEA, Inc. 3/7/2023 C2.3 Proposed Conditions Utility Plan CEA, Inc. 11/7/2022 C2.4 Proposed Lighting Plan CEA, Inc. 9/21/2022 C3.0 EPSC Plan CEA, Inc. 11/7/2022 C3.1 EPSC Narrative CEA, Inc. 4/7/2022 C3.2 EPSC Narrative & Details CEA, Inc. 4/7/2022 C3.3 EPSC Details CEA, Inc. 4/7/2022 C4.0 Site Details CEA, Inc. 4/7/2022 C4.1 Water and Sewer Details CEA, Inc. 11/7/2022 C4.2 Storm Details CEA, Inc. 4/7/2022 C4.3 Storm Chamber System Details CEA, Inc. 3/7/2023 C4.4 Miscellaneous Details CEA, Inc. 4/7/2022 C4.5 Miscellaneous Details CEA, Inc. 4/7/2022 C5.0 - C5.5 Specifications CEA, Inc. 4/7/2022 F1.0 Fire Department Access Plan CEA, Inc. 9/21/2022 HB1.0 Height of Building Calculation CEA, Inc. 9/21/2022 L1.1 Proposed Planting Plan CEA, Inc. 11/30/2022 WS1.0 Parking Lot Green Space Plan CEA, Inc. 4/7/2022 TCE Plat TCE Plat Plan Trudell Consulting Engineers 8/27/1996 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The previous findings on these criteria are unchanged. The Board B) SITE PLAN REVIEW STANDARDS 14.06 General Review Standards The previous findings on these criteria are unchanged.. C) SUPPLEMENTAL REGULATIONS Previous findings are unchanged except as indicated below. 3.19 On-Site Solar Photovoltaic Systems All new buildings constructed after May 11, 2023, are required to install a solar photovoltaic system designed to maximize the use of the area of the Solar-Ready Zone. This standard applies to this application. The applicant must install the photovoltaic roof approved in SP-22-020 prior to issuance of a certificate of occupancy for the building. Regulation of Heating and Service Water Heating Systems in New Buildings This ordinance, adopted by South Burlington City Council on November 7, 2022, and effective upon adoption, requires all new buildings to utilize renewable primary heating systems and service water heating systems. This standard applies to this application. The applicant must update the plans to demonstrate that this requirement will be met. #SP-24-13 3 DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-13 Neagley & Chase Construction, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 4. The applicant shall record an access easement, subject to review and approval by the City Attorney, prior to issuance of a zoning permit. 5. The plans must be revised to show the changes below and shall require approval of the Administrative Officer prior to issuance of a zoning permit: a. Include ‘Tree & Shrub Planting Details’ b. Update the EPSC plan to include the new layout that has the catch basin along Bowdoin St and adjust EPSC plan as needed c. Change the notes for the construction entrances on the EPSC to show that they will need a construction entrance and they will need to sweep the street as necessary, not either/or d. Demonstrate plans to comply with the City Ordinance pertaining to regulation of heating and service water heating systems in new buildings 6. Prior to issuance of a zoning permit, the applicant must post a landscaping surety for $17,500 in accordance with the methodology in LDR 15.15B. This surety shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 7. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 8. 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. Only the lighting fixtures indicated in the approved photometric drawings and on the record site plans are permitted to be installed. 9. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDRs, but the request must be submitted prior to the expiration of this approval. 10. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. #SP-24-13 4 12. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 13. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the proposed expansion. 14. The applicant must demonstrate full compliance with the standards of LDR Section 3.19, which requires the installation of a solar PV system that maximizes the use of the area of the required Solar-Ready Zone, prior to issuance of a certificate of Occupancy. 15. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. 16. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. Signed on this 17th day of April, 2024 by ______________________________ Marty Gillies, acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.