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
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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 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) ............
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(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).
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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 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.
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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.
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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.
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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.
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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.