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HomeMy WebLinkAboutSP-15-17 - Decision - 0003 Green Tree Drive#SP-15-17 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING NEAGLEY & CHASE CONSTRUCTION COMPANY — 3 GREEN TREE DRIVE SITE PLAN APPLICATION #SP-15-17 FINDINGS OF FACT AND DECISION Neagley & Chase Construction Company, hereafter referred tows the applicant, is seeking to amend a previously approved plan for a 24,000 sq. ft. light manufacturing facility. The amendment consists of constructing a 7900 sq. ft. addition, 3 Green Tree Drive. The Development Review Board held a public hearing on May 19, 2015. David Conger 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 to amend a previously approved plan for a 24,000 sq. ft. light manufacturing facility. The amendment consists of constructing a 7900 sq. ft. addition, 3 Green Tree Drive. 2. The proposed project is for the construction of a 7,900 square foot addition to an existing building. This addition was most recently approved on September 19, 2006; however the approval has since expired and the applicant must appear for review. 3. The owner of record of the subject property is M & D, LLC. 4. The application was received on April 3, 2015. 5. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District. 6. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "3 Green Tree Dr., So. Burlington, VT 05403", prepared by Dubois & King, Inc. dated Apr. 2015 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements IC Zoning District Required Proposed Min. Lot Size 40,000 SF 7,500 SF Max. Building Coverage 40% 29.9% - 1 - #SP-15-17 Max. Overall Coverage 70% 52.5% Max. Front Yard Coverage 30% 30% Min. Front Setback 30' >30' Min. Side Setback 10, 15' Min. Rear Setback 30' >30' zoning compliance 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. With regards to parking, after completion of the addition, the total gross floor area will be 31,400 SF. Parking requirements would be calculated as follows: 31.4 x 0.5 = 15.7 plus 1 space for employee for a total of 46 required spaces. There are 33 existing spaces on the site and the applicant is proposing to add two (2) more spaces on the side of the building for a total of 35 spaces. The applicant is requesting a 25% waiver (11 spaces) to the required 46 spaces resulting in a total of 35 spaces minimum. The applicant's justification for the waiver is as follows: The justification for the parking waiver relates to the high warehousing component of the sites light manufacturing operation. Thus the parking utilization is primarily required for the 30 employees with minimal parking needs for visitors. With 35 designated spaces, the additional 5 spaces exceeds the daily requirement for employees and visitors on site. In the event this total is exceeded, additional parking could be accommodated in the northwest corner of the parking area. The Board finds that given the low level of visitors to the site a waiver of parking space requirements is justified. The Board grants a waiver of eleven (11) space or 25 % to the minimum parking space requirement of 46 spaces for a total of 35 spaces provided. 2) Parking: -2- #SP-15-17 (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. This criterion is met. There are 3 spaces in front of the building but these were constructed prior to establishment of this criterion. The two (2) additional spaces will be placed on the side of the building. (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) ............... (ii) .............. ON.................. (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); (v) ........................... (vi) ........................ (c)................................ (d)................................. This requirement is being met as the additional parking spaces will be placed on the side of the building. (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 addition is 22 ft. high and will be matched to the existing building height and lines. 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 that this criterion has been 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. The addition will be to the one existing building on the site. Planting of thirty (30) trees is proposed along the northern and southwestern edge of the property. The Board finds that this criterion has been met. -3- #SP-15-17 (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 addition will match the height and lines of the existing building and will be similar to the others in the area. The Board finds that this criterion has been 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 that this criterion has been 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). 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 an existing screened dumpster enclosure. The Board finds that this criterion has been met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Building construction cost is estimated at $368,000. Required minimum landscaping is calculated as follows: First $250,000 x 3% = $7,500 Next 250,000 x 2% ($118,000 x 0.02) = $2,360 Balance over $500,000 x 1% = -$0- Minimum required landscaping budget = $9,860. The applicant has proposed $10,000 in new landscaping. In an email to staff on April 27, 2015, the City Arborist commented as follows: #SP-15-17 • Include Tree Planting Details and Specifications in plans • Recommend changing Austrian Pine to a different species due to increased disease pressure on Austrian Pine in recent years The Board finds that the applicant shall comply with the City Arborist's recommendations and amend the plan and its drawings accordingly. 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. No waivers are required. STORMWATER The Public Works Department provided the following comments to staff on April 27, 2015. I reviewed the site plan for the property at 3 Green Tree Drive prepared by Dubois and King Inc., dated April 2015 with no updates. I would like to offer the following comments: This property is covered by a previously issued State stormwater permit (3409-9010). Due to the size of the addition, the applicant should update/amend the previously issued State stormwater permit prior to starting construction. Information regarding this permit and any updates should be sent to the City for review. The City is a co-permittee on the State stormwater permit. 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. FIRE DEPARTMENT COMMENTS -5- #SP-15-17 In an email to staff dated May 14, 2015 the Fire Chief provided the following comments: May 14, 2015 Dear Ray: We have reviewed the plans for the proposed changes to the addition to the National Chimney building at 3 Green tree Drive. We have the following recommendations: 1. Compliance with all requirements of South Burlington fire safety codes and standards. 2. Fire Alarm and Fire suppression system upgrades as required by South Burlington fire safety codes and standards. 3. Trees, fences and floral outcroppings should be placed so as not to interfere with the deployment of the aerial ladder, hoselines, portable ladders and other firefighting equipment. 4. All construction plans shall be reviewed and permitted by the South Burlington Fire Marshal. At this point these seem to be the major issues which present themselves. As this project moves forward additional items may surface which could be dealt with as needed with the assistance of the developer and the South Burlington Fire Marshal. Should you need any further assistance on this project please feel free to contact me. Sincerely, Douglas S. Brent Douglas S. Brent Fire Chief The Board finds that the applicant shall comply with the recommendations of the Fire Chief. Traffic Generation The property's current allocation of trip ends VTEs as established in a prior Findings of Fact & Decision signed on April 14, 1998 is 24 VTEs. The current building size in gross floor area is 23,500 SF. The proposed addition would result in a new gross floor area of 31,400 SF. Based upon a final construction total of 31,400 SF of a manufacturing facility use (ITE LUC #140), the weekday PM Peak Hour average vehicle trip ends is calculated as follows: 0.73 (trip generation per 1,000 SF g.f.a.) x 31.4 = estimated number of vehicle trip ends is 22.92 trip ends. The Board finds that the current allocation of 24 VTEs will not be exceeded and that no additional traffic is expected from the expansion. M #SP-15-17 DECISION Motion by Bill Miller, seconded by David Parsons, to approve Site Plan Application #SP-15-17 of Neagley & Chase Construction Company, 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 applicants 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 South Burlington 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 incorporate the changes recommended by the City Arborist in his email of April 27, 2015. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the project will generate zero (0) additional trip ends during the P.M. peak hour. 6) The Board grants a waiver of eleven (11) spaces or 25 % to the minimum parking space requirement of 46 spaces for a total of 35 spaces provided. 7) All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 8) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent shall visit the site as construction progresses to ensure compliance with this criterion. 9) The applicant shall comply with the recommendations of the Department of Public Works outlined in its email dated April 27, 2015. 10) The applicant shall comply with the recommendations of the Fire Chief outlined in its email dated May 14, 2015. 11) The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. 12) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. -7- #SP-15-17 13) Any exterior light fixture which does not comply with Section 13.07 of the LDRs, shall be removed and if replaced, the replacement fixture shall comply with this section. Approval for any replacement fixture shall be obtained from the Administrative Officer prior to installation. 14) Prior to zoning permit issuance for construction of the project, the applicant shall post a $9,860 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. 15) Prior to issuance of a zoning permit for the addition, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 16) 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. 17) The applicant shall obtain Certificate of Occupancy from the Administrative Officer prior to the use of the new addition. 18) Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt Yea 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 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 5— 0 — 1. Signed this day of m 2015, by Tim Barritt, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).