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HomeMy WebLinkAboutSP-10-88 - Decision - 0060 Ethan Allen Drive#SP-10-88 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING J & E ENTERPRISES, LLC — 60 ETHAN ALLEN DRIVE SITE PLAN APPLICATION #SP-10-88 FINDINGS OF FACT AND DECISION J & E Enterprises, LLC, dba Twisted Wrench, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for 5920 sq. ft. of auto sales, service and repair use in two (2) buildings. The amendment consists expanding the outside vehicle storage area, 60 Ethan Allen Drive. The Development Review Board held a public hearing on Tuesday, January 18, 2011. James Cross 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 amend a previously approved plan for 5920 sq. ft. of auto sales, service and repair use in two (2) buildings. The amendment consists expanding the outside vehicle storage area, 60 Ethan Allen Dr. 2) The owner of record of the subject property is Bartlett Realty, LLC 3) The subject property is located in the Mixed Industrial -Commercial Zoning District. 4) The application for this project was received on December 17th, 2010. 5) The plan submitted is entitled, "Proposed Site Alterations to: Twisted Wrench Ethan Allan Driven S. Burlington, VT", prepared by Gardner Kilcoyne architects, dated 10/14/10, last revised on 12/15/10. Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements Mixed Commercial- Industrial Zoning District Requirement/Limitation Proposed Min. Lot Size 40,000 s.f. 51,416 s.f. Max. Building Coverage 40% 11.51 % Max. Total Coverage 70% 41.80% Max. Front Yard Coverage 30% 22.70% Min. Front Setback 30 ft. >30 ft. Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. - 1 - #SP-10-88 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: The following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the City of South Burlington. The Development Review Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design. 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 finds that this standard is being met. The property is located in the area described as "Industrial Center" in the Comprehensive Plan: "This area of the city is most appropriate for industrial and office uses as it provides direct, easy access to the airport and is compatible with airport activities such as airport noise and approach cones" (Comprehensive Plan p. 28). 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. There are no changes with respect to the transitions from structure to site and from structure to structure as a result of this proposal. The proposal includes the addition of additional storage to the side and rear of the site. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. (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; (ii) The parking area will serve a single or two-family home; (iii) 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; -2- #S P-10-88 (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 proposed parking areas that are both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C)(2)(b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the buildings) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. The applicant is proposing two new vehicle storage areas: a 24' x 15' area to the side of Building 1 (and front of building 2), and a 40' x 97' area to the rear / side of Building 1. The Board finds that these two areas meet the above standard. The 24' x 15' area is consistent with sections (c) and (d) above, as the vehicle storage area represents less than half of the total building width of Building 1 and is located to the side of Building 1. The 40' x 97' area is consistent with section (d) above, as the vehicle storage area is located to the rear & side of Building 1. (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. There are no proposed changes with respect to the height of the building, which remains within the limits of the district. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. There are no proposed changes with respect to the height of the building, which remains within the limits of the district. C. Relationship of Structures 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 detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (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 -3- #S P-10-88 proposed structures. No changes to existing buildings are proposed. 14.07 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 additional curb cuts are proposed, and the Board finds that it is not necessary to require vehicular access between properties at this site as this lot and the lot to the north are well served by Ethan Allen Drive and Lime Rock Road. 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. No changes to utility services are proposed. 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). The plans show do not show any waste disposal/ dumpster facilities. Plans shall be revised to show any such facilities, screened per the Land Development Regulations. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. As no additional construction of structures is proposed, there are no additional landscaping requirements. The applicant is proposing to replace two existing area of grass to install this new vehicle storage area. No trees will be affected. An existing bicycle rack is shown on the plans. 13.07 Exterior Lighting No additional lighting is proposed on the site. -4- #SP-10-88 ADDITIONAL APPLICABLE STANDARDS The followinq additional review standards, as set forth in the Land Development Regulations, are applicable at this site: 12.01 General Stream and Surface Water Protection Standards (C) Surface Water Buffer Standards (1) Applicability. The requirements of this Section shall apply to all lands described as follows; (c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream. Though part of Building 2 is located within 50' of a minor stream, no changes are proposed within this buffer area. Snow storage areas and the proposed vehicle storage are located outside this 50' buffer. 10.01 General Stream and Surface Water Protection Standards 10.01 Flood Plain Overlay District (FP) A portion of the property lies within the Flood Plain Overlay District, including a portion of Building 2 and a portion of the snow storage area on the west side of the property. No changes to the building are proposed. The snow storage area is grassed and includes no structures or other development. The Board finds that the requirements of the Flood Plain Overlay District have been met. DECISION #V Motion b J0d 0`0 seconded b v�aill to approve Site Plan Application #SP-10- y y � rr rr 88 of J & E Enterprises, LLC subject to the following 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 Site Plan shall be revised to show all dumpster facilities on site, screened in accordance with these Regulations. 4) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or approval is null and void. 5) The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the new vehicle storage areas. -5- #SP-10-88 6) Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — ;e)nay/abs Matthew Birmingha pin/not present — e nay/abstain/not present John Dinklage a nay/abstain/not present Roger Farley — ay/abstain/not present Gayle Quimby — e nay/abstain/not present Michael Sirotki e ay/abstain/not present Bill Stuono nay/abstain/not present Motion carried by a vote of I- o- v Signed this d y of 2011, by ark N hr, 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://vermontuudicia[y.org/GTC/environmental/defauIt.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. woo