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HomeMy WebLinkAboutSP-15-41 - Decision - 0073 Ethan Allen Drive#SP-15-41 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 73 ETHAN ALLEN DRIVE/2 COMMERCE AVENUE, LLC. — 73 ETHAN ALLEN DRIVE & 2 COMMERCE AVENUE SITE PLAN APPLICATION #SP-15-41 FINDINGS OF FACT AND DECISION The applicant, 73 Ethan Allen Dr./2 Commerce Ave., LLC ., is seeking site plan approval to construct a 28,200 sq. ft. warehousing, processing, storage & distribution facility, 73 Ethan Allen Drive. The Development Review Board held a public hearing on July 7, 2015, July 21, & September 1, 2015. Paul O'Leary represented the applicant. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT The applicant, 73 Ethan Allen Dr./2 Commerce Ave., LLC ., is seeking site plan approval to construct a 28,200 sq. ft. warehousing, processing, storage & distribution facility, 73 Ethan Allen Drive. 2. The owner of record of the subject property is 73 Ethan Allen Dr./2 Commerce Ave., LLC 3. The subject property is located in the Mixed Industrial -Commercial Zoning District. 4. The application was received on May 8, 2015. 5. The plan submitted consists of a seven (7) page set of plans, page one (1) is entitled, "Proposed Warehouse Ethan Allen Industrial Park 73 Ethan Allen Drive & 2 Commerce Ave. South Burlington, VT", prepared by O'Leary -Burke Civil Associates, PLC, dated May 5, 2-15, and last revised on 8/24/15. Zoning District & Dimensional Requirements: Mixed Industrial & Commercial Min. Lot Size Required 40,000 SF Existing 94,858 SF Proposed No change Max. Building Coverage 40% 3.5 % 29.7 Max. Overall Coverage 70% 28.3 % 67.7 Max. Front Yard Coverage(Ethan Allen) 30% ? 29.8 Max. Front Yard Coverage(Commerce) 30% <30% 20.7 Min. Front Setback 30 ft. > 30 ft. 30.8 ft. Min. Side Setback 10 ft. > loft. n/a Min. Rear Setback 30 ft. > 30 ft. 31 ft. Max. Building Height 4 Zoning Compliance CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SP 15 41 730hanAllenDrive and 2CommerceAve 73EthanAllenDrive2CommerceAveLLC building ffd.doc 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 finds the proposed building and uses to be 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. A bike rack is shown on the plans. Comments concerning landscaping are addressed below. Parking requirements are calculated as follows: Warehousing, processing, storage & distribution space requires 0.5 spaces per 1,000 SF of GFA. At 28, 200 SF, the proposed project would require 14.1 spaces, rounded to 15 spaces. The applicant proposes to construct seventeen (17) paved parking spaces and reserve areas for five (5) additional spaces. The reserved spaces would be prepared with a sub -base in place, then covered with a layer of top -soil and seeded. The Board finds the proposed parking plan acceptable. The Board finds the structure to be consistent with the built environment and satisfies the requirements for structure to site and structure to structure transitions. The Board finds this criterion to be met. (2) Parking: (a) ... (b) ... (c) ... (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The lot is a through lot as it is bounded on three sides by Ethan Allen Drive and Commerce Avenue. The volume of traffic is similar on both these streets. The applicant is proposing to construct parking in the front of the building facing Ethan Allen Drive. The Board finds that the proposed parking location to be consistent with this standard and the proposed new landscaping of both trees and shrubs will help to screen the building. In addition, section 13.01 C (5) is applicable to the project. (5) Screening shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. Given that the landscaping in the rear consists mostly of trees with no shrubs or fencing, the Board CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SP 15 41 730hanAllenDrive and 2CommerceAve 73EthanAllenDrive2CommerceAveLLC building ffd.doc had concerns that headlights from vehicles and trucks using the rear loading lot would be visible to vehicles on Commerce Avenue and recommended additional landscaping on the rear and sides of the lots to screen headlights. Additional shrubs have been added to address this concern. The Board finds this criterion to be met. (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 will be 26 to 28 feet in height which is similar in size to other buildings in the area. The Board finds that 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 finds this criterion to be met. 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. Only one building is proposed on the property. As noted below, the plan was reviewed and found to be acceptable. The Board finds 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 finds this criterion to be met. 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 reservation of land is required. 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 plans indicate that such services are located underground. The Board finds 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 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SP 15 41 730hanAllenDrive and 2CommerceAve 73EthanAllenDrive2CommerceAveLLC building ffd.doc fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (i.e, non-dumpster, non -large drum) shall not be required to be fenced or screened. The plans show a proposed location for a concrete pad to site a screened dumpster location. The Board finds this criterion to be met. The applicant should consider forthcoming state regulations regarding trash, recycling and composting. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The plan shows the location of a snow storage area for the employee parking lot. No snow storage areas are shown for the large truck parking & loading area on the south side of the building. The Board finds that the applicant shall revise the plans to add snow storage areas to serve the parking and loading area on the south side of the building. Building construction cost is estimated at $1,269,000. Required minimum landscaping is calculated as follows: First $250,000 x 3% _ $7,500 Next 250,000 x 2% _ $5,000 Balance over $500,000 ($769,000) x 1% _ $7,690 Minimum required landscaping budget = $19,690 The applicant has proposed $24,594 in landscaping based upon total construction costs submitted for the July 21, 2015 meeting rather than solely upon the building cost. Therefore, the budget requirements of Section D are more than met. In an email staff dated August 28, 2015, the City Arborist provided the following comments in addition to the ones submitted on July 16, 2015: The fertilizer specifications are meaningless without both rates of application and the actual fertilizer analysis The 2 conifers to be removed are Dwarf Alberta Spruce 3-4 ft. high, estimated replacement cost .$120 ea. • The shrub slated for removal is an Arborvitae in fair to good condition The finds that the value of the trees and shrub to be removed to be covered by the proposed landscaping value. The Board finds that the applicant shall revise the plans to comply with the above recommendation to provide the actual fertilizer analysis. E. Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SP 15 41 730hanAllenDrive and 2CommerceAve 73EthanAllenDrive2CommerceAveLLC building ffd.doc than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. No waivers are required. Stormwater In an email to staff dated August 28, 2015, the Public Works provided the following comments: The Stormwater Section has reviewed the responses provided by O'Leary -Burke on 8124115 to the comments provided by the City on the "Proposed Warehouse" site plan prepared by O'Leary -Burke, dated 515115 and last updated on 8124115. We have revised our comments as follows: 1. The proposed project is located in the Winooski River watershed. 2.Comments from the State stormwater program regarding the proposed development should be submitted to South Burlington Public Works prior to commencement of construction. 3.The project proposes to disturb greater than 1 acre of area. It will therefore require a construction stormwater permit from the Vermont DEC Storm water Division. The applicant should acquire this permit before starting construction. 4.In order to confirm compliance with section 15.15.F(3) the applicant has submitted modeling for the 25 year storm event. Based on the simplicity of the HydroCAD model provided, we are unable to determine if the proposed development will contribute to overtopping of catch basins located along Commerce Ave, that are not included in the model, during the 25 year storm. From a cursory review of record drawings for other properties located within the Ethan Allen Farms Industrial Subdivision Phase Ill and covered by permit #3870-9010.R, it appears that a few catch basins located along Commerce Ave have a rim elevation below the 218.89' water level elevation projected by the submitted model for the 25-year storm event. Additionally, the model submitted does not include the 24" outlet pipe from the outlet structure of Belter Pond. 5. 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. 6.The DRB should include a condition requiring the applicant to regularly maintain all stormwater conveyance infrastructure. Thank you for the opportunity to comment. Regards, Dave Wheeler The Board directs applicant to comply with the Public Works Department's comments and to provide them with the additional information requested in item #4 above. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SP 15 41 730hanAllenDrive and 2CommerceAve 73EthanAllenDrive2CommerceAveLLC building ffd.doc Fire Department The Fire Marshall commented on the plan in an email dated 8/31/15 and indicated that "SBFD has no significant issues at this juncture". Traffic Generation Based upon a final construction total of a 28,200 SF of General Light Industrial building (ITE LUC #110), the projected weekday PM Peak Hour average vehicle trip ends is calculated as follows: 0.97 (trip generation per 1,000 SF g.f.a.) x 28.2 = 27.4 trip ends. The property's current allocation of trip ends is 9.9 VTEs as re -affirmed in a prior Findings of Fact & Decision (#CU-01-8 & #SP-01-15) signed on May 15, 2001. Therefore, the Board finds that the project is expected to increase by 17.5 VTEs for a total of 27.4 VTEs. DECISION Motion by John Wilking, seconded by Jennifer Smith, to approve site plan application #SP-15-41 of 73 Ethan Allen Drive/2 Commerce Avenue, 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. 3. The plat plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the Administrative Officer prior to recording the plat. a. The site plan shall be revised to delineate snow storage areas to serve the parking and loading area on the south side of the building. b. The site plan shall be revised to adhere to the comments made by the City Arborist dated August 28, 2015. c. The site plan shall be revised to adhere to the comments made by the Department of Public Works regarding stormwater dated August 28, 2015. 4. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Board estimates that this building will generate 17.5 additional vehicle trip ends during the p.m. peak hour. 5. All exterior lighting shall consist of downcasting, shielded fixtures. Prior to the issuance of a zoning permit, the applicant shall provide the Administrative Officer cut -sheets of any new exterior light fixtures. Prior to permit issuance, the applicant shall post a $24,594 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SP 15 41 73EthanAllenDrive and 2CommerceAve 73EthanAllenDrive2CommerceAveLLC building ffd.doc 7. Prior to issuance of a zoning permit, the applicant shall provide the City Arborist actual fertilizer analysis and the City Arborist shall confirm that he is satisfied with the information provided. 8. The Board approves of total of twenty-two (22) parking spaces for the property with seventeen (17) paved parking spaces to be constructed initially and five (5) additional spaces available in reserve. Prior to constructing these additional spaces, the applicant shall obtain a zoning permit. 9. 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. 10. Prior to issuance of a zoning permit, the applicant shall provide the Administrative Officer a digital copy of the approved plans in pdf format. 11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the building. 12. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Board. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Matt Cota 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 John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. 4 Signed this day of '"�=mbC r 2015, by Tim Barritt, 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://vermontiudiciarV.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.