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HomeMy WebLinkAboutSP-15-05 - Decision - 0082 Ethan Allen Drive#SP-15-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GLENN CUMMINGS-82 ETHAN ALLEN DRIVE SITE PLAN APPLICATION #SP-15-05 FINDINGS OF FACT AND DECISION Site plan application #SP-15-05 of Glenn Cummings to construct a 10,500 sq. ft. mixed use commercial/industrial building to include an umbrella approval, 82 Ethan Allen Drive. The Board held a public hearing on March 17, 2015. The applicant was represented by Glenn Cummings and Martin Courcelle. 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 1. The applicant, Glenn Cummings, is seeking site plan approval to construct a 10,500 sq. ft. mixed use commercial/industrial building to include an umbrella approval, 82 Ethan Allen Drive. 2. The owner of record of the subject property is Glenn Cummings. 3. The subject property is located in the Mixed Industrial & Commercial Zoning District. 4. The application was received on January 30, 2015. 5. The plan submitted consists of a thirteen (13) page set of plans, page one entitled "Glenn Cummings 82 Ethan Allen Drive" prepared by Champlain Consulting Engineers and dated January 23, 2015. Zoning District & Dimensional Requirements: Industrial -Commercial Zoning District Required Proposed Min. Lot Size 40,000 S.F. 41,370 S.F Max. Building Coverage 40% 25.3 Max. Overall Coverage 70% 57.7 Max. Front Yard Coverage 30% 20.2 Min. Front Setback 30 ft 32 ft. Min. Side Setback 10 ft. 15 ft. Min. Rear Setback 30 ft. 78 ft. Max. Building Height 40 ft. 4 Zoning Compliance - 1 — #SP-15-05 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. The applicant has submitted a landscape plan detailing new plantings along the front of the lot, along the south side of the building to screen HVAC equipment and along the sides of the rear parking lot. In an email staff dated February 23, 2015, the City Arborist provided the following comments: Fill entire parking lot island with quality planting soil to provide maximum soil volume to support tree growth. Plan looks good otherwise. The Board finds that the applicant shall comply with the City Arborist's recommendations. There is an existing street sidewalk along the front of the lot. The project includes a paved walkway from the sidewalk to the building and the use of striping, vehicle parking "stop blocks" and bollards to facilitate safe pedestrian movement. A total of 18 parking spaces including one (1) handicapped space and a bike rack are available for the future uses. The Board finds that this criterion is met. 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. Parking is located to the side and rear of the building. A total of 18 parking spaces including one (1) handicapped space and a bike rack are available for the future uses. The Board finds this criterion to be met. (b) ............ (c) ............ (d) ............ -2— #SP-15-05 (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 24 feet high and compatible with this site which currently does not have any buildings. The Board finds 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 for the site. As noted above, the applicant has submitted a landscaping plan which the City Arborist found acceptable with the exception of a minor detail. 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 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 fencing to ensure that trash and debris do not escape the enclosure(s). -3— #SP-15-05 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 plans show a dumpster pad and enclosure at the rear of the parking lot. The Board finds this criterion to be met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The applicant has submitted a landscape plan detailing new plantings along the front of the lot, along the south side of the building to screen HVAC equipment and along the sides of the rear parking lot. A variety of plantings are proposed. The placement of landscaping and/or screening along the western edge of the property is precluded by a pre-existing Right -of -Way granted to access the lot located to the northwest of the property. As the project contains less than 28 spaces, no interior islands are required. No curbing appears to be proposed. It is unclear if the partial island at the northwest corner of the building is proposed to be curbed. No snow storage areas are shown. The Board finds that the applicant shall install curbing and/or other features to protect the landscaping around the small parking island at the northwest corner of the building and that the plans be revised to show such curbing/features. The Board finds that the applicant shall revise the plans to indicate the location of snow storage areas and these areas be sited so as to minimize the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Building construction cost is estimated at $350,000. Required minimum landscaping is calculated as follows: First $250,000 x 3% = $7,500 100,000 x 2% = $2,000 Balance over $500,000 x 1% = -$0- Minimum required landscaping budget = $9,500. The applicant has proposed $17,505 in landscaping. The landscaping budget requirement is met. 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 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. #SP-15-05 No waivers are required. STORMWATER In an email to staff dated February 26, 2015, the Department of Public Works provided the following comments to staff I reviewed the "Glenn Cummings 82 Ethan Allen Drive" site plan prepared by Champlain Consulting Engineers, dated 1123115 with no revisions. I would like to offer the following comments: 1. The project proposes to create additional impervious area on the parcel. The applicant should determine if this project requires coverage under a new or existing (i.e. 3870-9010) State stormwater permit. If required, the applicant should acquire coverage under this permit before starting construction. 2. If the project disturbs greater than 1 acre of area it will require a construction stormwater permit from the Vermont DEC Stormwater Division. If required, the applicant should acquire this permit before starting construction. 3. 1 would like to provide the following comments related to the proposed infiltration basins: a. The applicant should provide a drainage area map for the proposed infill. i. The proposed infiltration basin at the south end of the property does not appear to collect a large area. Consider updating the plans so that additional stormwater runoff is directed to this basin for infiltration. b. The applicant should provide hydrologic modeling information related to the stormwater treatment and conveyance infrastructure. i. If the project is not subject to State stormwater regulations due to State permitting requirements, we'd like to see these systems designed to treat/infiltrate the 1 year rain event and safely pass larger events. ii. The applicant should keep in mind that systems designed to meet State stormwater treatment standards are eligible for credit under the City stormwater utility billing program. C. Provide information on any soil tests completed to confirm the adequacy of these soils for infiltration. d. A large area appears to drain to the relatively small (-15'x-40') infiltration basin at the north end of the property. Confirm that this basin can accommodate flows during larger storm events. -5- #SP-15-05 e. Consider redesigning the 12" SDR pipe to the east of the proposed building so that it could infiltrate additional water. Could this be reconfigured as an infiltration trench? 4. Plans indicate that the roof will be guttered. Consider options to infiltrate runoff from this 10,500 s.f. area. For example, the east side of the building may provide opportunity to install an infiltration trench. 5. The applicant should show snow storage locations on the site plan. 6. The applicant should update the EPSC Plan to show a stabilized construction entrance at the south end of the site, where access to Ethan Allen Drive is proposed. 7. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. Thank you for the opportunity to comment. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works The Board finds that the applicant shall comply with the recommendations of the Department of Public Works. Other- Umbrella Permit The applicant is seeking an umbrella approval for the following uses: 1. Auto & motorcycle service & repair 2. Contractor or building trade facility 3. Distribution and related storage, with >15% of GFA in office or other principal permitted use by same tenant 4. Equipment service, repair & rental 5. Indoor Vehicle Storage, max 10,000 SF (acc) 6. Light Manufacturing 7. Manufacturing & assembly from previously prepared materials & components 8. Office, general 9. Wholesale establishments 10. Warehousing, processing, storage & distribution The Board finds no issues with the approval of these uses as of right on the subject property. Trip Generation IM. #SP-15-05 Based upon proposed construction of a 10,500 SF of a General Light Industrial building (ITE LUC #110), the weekday PM Peak Hour average vehicle trip ends is calculated as follows: 0.97 (trip generation per 1,000 SF g.f.a.) x 10.5 = estimated number of vehicle trip ends generated by most proposed uses is 10.19. The applicant has requested approval of 12.0 peak hour vehicle trip ends. The Board finds this amount acceptable. Traffic will not necessitate modifications to the roadway as a result of this application. Parking and Trip Generation will be calculated for each individual unit as they are proposed for use by the owner. The applicant shall obtain approval from the Administrative Officer prior to the establishment of a new tenant in the building or change in tenant. The Administrative Officer shall approve the proposed tenant only if the proposed combination of uses fits within the uses noted above, that the calculated trip ends have previously been paid for or will be paid for and that parking requirements shall be met. In making his determination, the Administrative Officer shall utilize the parking standards contained in Tables 13-1-13.6 of the Land Development Regulations and the weekday PM Peak Hour average vehicle trip ends per 1,000 sq. ft. gross floor area as determined by the Institute of Transportation Engineers Trip Generation Manual, 9t' edition 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. Parking A total of 18 parking spaces including one (1) handicapped space and a bike rack are available for the future uses. DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve site plan application #SP-15-05 of Glenn Cummings 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 plan and shall be 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 curbing and/or other features to protect the landscaping around the small parking island at the northwest corner of the building. -7— #SP-15-05 b. The site plan shall be revised to show snow storage areas. 4. The applicant shall comply with the recommendations of the City Arborist. 5. The applicant shall install curbing and/or other features to protect the landscaping around the small parking island at the northwest corner of the building. The applicant's plan shall delineate the location of snow storage areas and these areas shall be sited so as to minimize the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. 7. Prior to permit issuance, the applicant shall comply with the recommendations of the Department of Public Works and provide evidence that the recommendations contained in Tom DiPietro's email of 2/26/15 have been met. 8. The uses of the subject property shall be limited to the following: a) Auto & motorcycle service & repair b) Contractor or building trade facility c) Distribution and related storage, with >15% of GFA in office or d) other principal permitted use by same tenant e) Equipment service, repair & rental f) Indoor Vehicle Storage, max 10,000 SF (acc) g) Light Manufacturing h) Manufacturing & assembly from previously prepared materials & components i) Office, general j) Wholesale establishments k) Warehousing, processing, storage & distribution 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. 9. This approval is conditioned on eighteen (18) parking spaces and a total of 12.0 pm peak hour vehicle trip ends for the subject property. Any changes in use shall not exceed 12.0 pm peak hour vehicle trip ends without obtaining site plan approval to amend this maximum. 10. 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 #9 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. 11. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this project will generate 12 additional vehicle trip ends during the p.m. peak hour. #SP-15-05 12. Prior to permit issuance, the applicant shall post a $9,500 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. 13. All exterior lighting shall consist of downcasting, shielded fixtures. No changes may be made to the approved light fixtures without prior approval of the Administrative Officer. 14. 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. 15. Prior to issuance of a zoning permit, the applicant shall provide the Administrative Officer a digital copy of the complete approved plan set (with revisions) in pdf format. 16. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of any new use. 17. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— vea nay abstain not present Mark Behr— yea nay abstain not present Brian Breslend — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons— vea nay abstain not present Jennifer Smith — vea nay abstain not present John Wilking — yea nay abstain not present Motion carried by a vote of 6— 0 — 0 J I� F Signed this / O day of �� 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://vermont*udiciary.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.