HomeMy WebLinkAboutSP-16-10 - Decision - 0006 Ethan Allen Drive#SP-16-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ALLEN BROOK DEVELOPMENT, INC.-6 ETHAN ALLEN DRIVE
SITE PLAN APPLICATION #SP-16-10
FINDINGS OF FACT AND DECISION
Site plan application #SP-16-10 of Allen Brook Development, Inc. to construct a 50,155 sq. ft. building
(now 39,535 sq. ft.) which will consist of: 1) 44, 155 sq. ft. of warehouse ,& distribution use( now 3S,535
sq. ft.), and 2) 6,000 sq. ft. of retail warehouse outlet use (now 4,000 sq. ft.), 6 Ethan Allen Drive.
The Development Review Board held public hearings on March 15, 2016, April 5, 2016, May 3, 2016,
and May 17, 2016. The applicant was represented by Paul O'Leary and Al Senecal.
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, Allen Brook Development, seeks site plan approval to construct a 39,500 sq. ft.
building which will consist of 1) 35,500 sq. ft. of warehouse & distribution use, and 2) 4,000 sq. ft of
retail warehouse outlet use, 6 Ethan Allen Drive.
2. The owner of record of the subject property is Robert Shand.
3. The subject property is located in the Mixed Industrial & Commercial Zoning District.
4. The application was received on March 11, 2016.
5. The plan submitted consists of 18 pages with the second page titled "Lots 19, 20 & 21 Ethan Allen
Commercial Park 50-Scale Site Plan" prepared by O'Leary Burke Civil Associates, PLC, last updated
4/20/16, and received 4/28/16.
ZONING DISTRICT AND DIMENSIONAL STANDARDS
Mixed Industrial & Commercial
Min. Lot Size
Required
40,000 SF
Existing
328,773 SF
Proposed
328,773 SF
Max. Building Coverage
40%
0 %
12%
�IMax. Overall Coverage
70%
< 1.0 %
34.2%
Max. Front Yard Coverage(Ethan Allen)
30%
?
6.5%
Max. Front Yard Coverage(Lime Kiln)
30%
?
3.8%
Min, Front Setback (Ethan Allen)
30 ft.
N/A
35 ft.
Min. Front Setback (Lime Kiln)
30 ft.
N/A
30.4 ft.
Min. Side Setback
10 ft.
N/A
55.6 ft.
Min. Rear Setback
30 ft.
N/A
240 ft.
Max. Building Height (pitched)
40 ft.
N/A
<35 ft.
� In compliance
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Site Plan Review Standards
A. Relationship of Proposed Development to the City of South Burlington Comprehensive
Plan. Due attention by the applicant should be given to the goals and objectives and the stated
land use policies for the City of South Burlington as set forth in the Comprehensive Plan.
The Board considers the proposed building and uses consistent with the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
1) 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.
Warehousing & distribution space requires 0.5 spaces per 1,000 SF of GFA. At 35,535 SF, the proposed
project would require 17.77 spaces, rounded to 18 parking spaces. Retail warehouse outlet space
requires five (5) spaces per 1,000 SF of GFA. At 4,000 SF of retail warehouse outlet space the proposed
project requires 20 parking spaces. This results in a total of 38 parking spaces being required. The
applicant proposes to construct 41 paved parking spaces, including two (2) dedicated handicap spaces,
as well as an additional four (4) spaces for tractor trailer vehicles.
2) 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.
The Board considers criterion (a) to be met and (b) is not necessary for this application.
3) 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 anticipated
adjoining buildings.
The proposed building is situated on a hillside and will take advantage of this change in terrain by
building into the hillside. Along the south elevation the plans show the building as 29 feet in height and
along the west and north elevations at 25 feet in height, which are heights similar in size to other
buildings in the area. Some of the building height along the west elevation will be obscured by the
hillside, which will allow the preservation of the view from Airport Parkway and Lime Kiln Road. The
Board considers this criterion to be met.
4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
The plans indicate that such services are located underground. The Board considers this criterion to be
met.
C. Relationship of Structure and Site to Adjoining Area
1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g. rhythm, color, texture, form or
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detailing), landscaping, buffers, screens, and visual interruptions to create attractive
transitions between buildings of different architectural styles.
Only one building is proposed on the property. The Board considers this criterion to be met.
2) 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 proposed building and landscaping is consistent with the surrounding landscape and with others in
the vicinity. The Board considers it positive that the building will be built against the hillside as this will
allow for view preservation and will generally decrease the impact of the building on its surroundings.
The Board considers it positive that there will be an arborvitae hedge surrounding two sides of the
outdoor storage area which borders Lime Kiln Rd. as this will provide an additional visual buffer
between passerby and the commercial property. In response to earlier comments by staff the applicant
provided additional details about the style and materials to be used, including that:
• it will have tan metal side paneling,
• a forest green painted horizontal stripe that will align with the windows to provide a visual
break along Lime Kiln Road, and
the entrances to units 1 and 2 will be decorated with a brick veneer and a forest green
awning.
In a memo from the applicant dated April 28, 2016 the applicant stated that the "peak on the western
elevation has been centered on the windows and the slope of the peak has been increased to a 1 on 4."
Further the memo stated that since "the building has been reduced by 10,620 SF much of the existing
vegetation on the northwestern corner of the site will be saved ... The new layout will leave some of the
existing mature trees at road grade to immediately screen the corner of the building as cars travel south
on Lime Kiln Road. The green stripe along the western side of the building will also be extended along
the angled corner facing Lime Kiln Road."
The applicant affirmed to the Board that there will be no HVAC equipment on the roof, it will all be
ground mounted.
Specific Review Standards
A. Access to abutting properties. 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.
No reservation of land is necessary.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any
utility installations remaining above ground shall be located so as to have a harmonious relation
to neighboring properties and to the site.
The plan indicates utilities will be underground. The Board considers this criterion to be met.
C. Disposal of Wastes. 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).
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Small receptacles intended for use by households or the public (ie, non-dumpster, non -large
drum) shall not be required to be fenced or screened.
The dumpster area is located to the east of the outdoor storage area nearest Lime Kiln Rd. and will be
screened by a privacy fence. A composting bin will also be provided within this enclosure.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Snow storage is shown on the plan in two locations and runoff is addressed through the use of retaining
walls. The applicant has responded to comments from staff and the City Arborist by adjusting the
plantings around the perimeter of the building and in the curbed parking islands, by providing
information on tree protection during construction, and adjusting the green space in the parking area to
meet the 10% requirement. The applicant is providing screening in the form of a privacy fence around
the outdoor storage areas.
Building construction cost is estimated at $1,950,000. Required minimum landscaping is calculated as
follows:
Total Building Construction or
Improvement Cost
% of Total Construction/Improvement
Cost
Cost
Up to $250,000
3%
$7,500
Next $250,000
2%
$5,000
Remainder over $500,000
($1,450,000)
1%
$14,500
Total:
$27,000
The applicant has proposed $28,625 in landscaping. The Landscaping and Screening Requirements of the
LDRs state that:
At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking
area, for everyfive (5) parking spaces. The trees shall be placed evenly throughout the parking lot to
provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart.
Nine (9) shade trees are shown within and around the parking lot area. The Board considers the proposed
landscaping budget to be sufficient to provide this site with appropriate plantings.
E. Modification of Standards
No modifications have been requested.
Stormwater Management Standards
The plans were reviewed using the Stormwater Management Standards found in Section 12.03 of the
LDRs. In an email to staff dated May 11, 2016 Dave Wheeler of the Stormwater Section offered the
following comments:
1. The project will result in greater than 1 total acre of impervious area on the parcel. Therefore,
the project will require a storm water permit from the Vermont DEC Stormwater Division. The
applicant should acquire this permit before starting construction.
2. The project proposes to disturb greather than 1 acre of area. It will therefore require a
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construction storm water permit from the Vermont DEC Stormwater Division. The applicant
should acquire this permit before starting construction.
3. Work in the City Right Of Way (ROW) requires a permit before construction can begin. A "Permit
to Open Streets or Right -Of -Way" can be obtained from the South Burlington Department of
Public Works on their web site, or by stopping by their office located at 104 Landfill Road.
4. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance infrastructure.
Regards,
Dave
Fire Department
The Board received no comments from the Fire Department on this iteration of the plan; however, the
Fire Department did submit comments earlier in the review process when the building was intended to
be larger. On April 7, 2016 the following comments were submitted by Terry Francis, Fire Marshall:
Parking areas shall be configured to allow fire department suppression and aerial access to the
building. Occupancy shall have monitored fire alarm system, a sprinkler/standpipe system and a
fire hydrant located within 100' of the FDC. Coordinate fire protection features with SBFD.
Traffic Generation
The applicant indicated in a letter dated April 28, 2016 that Projected Peak Hour Trips for the site would be
eight (8) and the site would have an average of 79 weekday trips.
Performance Standards
Given that the proposed building has several commercial truck bays it was anticipated that the
operations of potential tenants could potentially impact neighboring properties and therefore the
Board discussed the standards outlined in Appendix A of the LDRs when this project was reviewed on
March 15, 2016. Given that the size of the project has decreased since that meeting the Board
considers the previous discussion on this topic to have been sufficient.
Floodplain and Wetlands
There is a Class II wetland and mapped FEMA 100-year Floodplain located on the eastern edge of the
parcel. The proposed building and parking lot are located outside the required 50 ft. wetland buffer and
the Floodplain. Runoff from the property will be directed towards stormwater infrastructure.
Energy Standards
The Board notes that all new buildings are subject to the Stretch Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
Lot Merger
This project requires three parcels to be merged. A condition of the final Development Review Board
decision will be that a lot merger agreement be recorded in the land records.
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181!rdL4r.11I
#SP-16-10
Motion by John Wilking, seconded by Jennifer Smith, to approve site plan application #SP-16-10 of Allen
Brook Development, Inc. subject to the following conditions:
1. All previous approvals and stipulations which are not changed by this decision, will remain in full
effect.
2. This project must be completed as shown on the plans submitted by the applicant, and on file in
the South Burlington Department of Planning and Zoning.
3. Prior to permit issuance, the applicant must post a $28,625 landscaping bond. This bond must
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 applicant must receive final water and wastewater allocation prior to issuance of a zoning
permit.
5. The applicant will be responsible to regularly maintain all stormwater treatment and
conveyance structures on -site.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
7. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the new building will generate eight
(8) additional vehicle trip ends during the P.M. peak hour.
8. A lot merger agreement must be recorded in the South Burlington Land Records to merge the
three (3) lots. Prior to recording the lot merger agreement, the applicant must submit all
appropriate legal documents to and obtain approval from the City Attorney.
9. The applicant must 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.
10. 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.
11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to
use or occupancy of the building.
12. Any change to the approved plan will require approval by the South Burlington Development
Review Board or the Administrative Officer.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
no
A
#SP-16-10
John Wilking Yea Nay Abstain Not Present
Motion carried by a vote of 5— 0 — 0
Signed this 8th day of June 2016, by
Bill Miller, Vice -Chair
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://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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