HomeMy WebLinkAboutSD-15-10 - Decision - 1035 1045 1037 Hinesburg Road#SD-15-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
4 ON THE FLOOR, LLC —1035, 1037 & 1045 HINESBURG ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-15-10
FINDINGS OF FACT AND DECISION
4 On The Floor, LLC, hereafter referred to as the applicant, is requesting preliminary and final plat
approval to amend a previously approved planned unit development consisting of two (2) lots and two
(2) general office buildings. The amendment consists of constructing a 9,622 sq. ft. building for
commercial kennel and pet day care use, 1035, 1037 & 1045 Hinesburg Road.
The Development Review Board held a public hearing on Tuesday, April 21, 2015. David Burke
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
4 On The Floor, LLC, hereafter referred to as the applicant, is requesting preliminary and final
plat approval to amend a previously approved planned unit development consisting of two (2)
lots and two (2) general office buildings. The amendment consists of constructing a 9,622 sq. ft.
building for commercial kennel and pet day care use, 1035, 1037 & 1045 Hinesburg Road.
2. The owners of record of the subject property are Mansfield View Properties, LLC & 4 On The
Floor, LLC.
3. The subject property is located in the Industrial — Open Space Zoning District.
4. The plans submitted consist of an eight (8) page set of plans, page one (1) entitled "Happy Tails
#1045 Hinesburg Road South Burlington Site Plan " prepared by O'Leary -Burke Civil Associates,
PLC dated March 27, 2015 and last revised on April 17, 2015.
ZONING AND DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
Industrial - Open Space
Zoning District
Required
Existing
Proposed
* Min. Lot Size
3 acres
1 acres
1 acre
Max. Building Coverage
30%
0 %
24.1
Max. Overall Coverage
50%
8.6 %
48.9
Front Yard Coverage
30%
10.0 %
26.0
A Min. Front Setback
(Hinesburg Road)
57 ft. from planned
ROW
n/a
39 ft.
� Min. Side Setback
35 ft.
n/a
35. ft.
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Min. Rear Setback
J 50 ft.
n/a
98 ft.
Max. Building Height
J 35 ft. (flat roof)
n/a
-28.5 ft.
Zoning compliance * Pre-existing non -conforming
Waiver required. The applicant is requesting a waiver of 18 ft. to allow a 39 ft. front setback. For
reference the Board notes that the existing office building at 1035 Hinesburg Road which is part of the
PUD has a setback of 31 ft.
The information contained in the above table is for only the 1.0 acre undeveloped parcel. The developed
0.5 acre parcel will continue to meet the dimensional standards.
The Board hereby grants a waiver of 18 ft. to allow a 39 ft. front setback.
SITE PLAN REVIEW
14.06 General Review Standards
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.
The Board finds that the applicant's proposal is consistent with the goals, objectives and stated land use
policies in 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 existing buildings of #1035 and #1037 Hinesburg Road are allocated 19 spaces per previous
approval. For the new building at #1045, 11 spaces are required. Therefore a total of 30 spaces are
required for the entire PUD and 35 spaces are proposed to be provided including two handicapped
spaces and a bike rack.
The Board finds that this criterion has been 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.
All new parking spaces are located to the side and rear of the new building. The Board finds that this
criterion has been met.
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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 compatible with the site and existing or anticipated adjoining buildings. The
Board finds that this criterion has been 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 indicated that such services shall be 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.
(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 compatible with the terrain and with existing buildings and roads in the
vicinity. In response to comments by the Board at the sketch plan review meeting, the applicant
made significant revisions to the building elevations which resulted in a more attractive building
facing the street. The Board finds that this criterion has been met.
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land maybe 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.
The reservation of land is not 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 indicated that such services shall be 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 (i.e., non-dumpster, non -large drum) shall not be required
to be fenced or screened.
The applicant's plan indicates that a dumpster pad would be located in the southeast corner of the
property and be enclosed. The Board finds that this criterion has been met.
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D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Building construction cost is estimated at $1,200,000. 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 [$700,000] x 1% _ $7 000
Minimum required landscaping budget = $19,500.
The applicant has proposed
--$12,745 in new landscaping
--a credit of $7,500 for an existing Silver Maple adjacent to Hinesburg Road.
The Board finds that the landscaping budget requirement is met.
In email comments to Staff on March 27, 2015, the City Arborist commented as follows:
A more detailed Tree Protection Plan for the existing trees that are to remain should be included.
The plan looks good otherwise.
The applicant responded to the above comments on 4/17/15 and the City Arborist responded on
4/20/17 that the additional information provided to protect the existing trees was acceptable.
The Board finds that the existing Silver Maple is a significant tree worth saving and is comfortable with
granting a credit for its value. The Board therefore finds this criterion 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.
As noted above, the Board granted a waiver to the front yard setback requirements.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
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(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the
proposed dwelling units.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved by
the City and the State in any subdivision where off -lot wastewater is proposed.
The Board finds that the applicant shall obtain preliminary water/wastewater allocation approvals prior to
recording the final plat plans.
(A)(2)Sufcient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
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 shall meet the standards set forth
in Section 16.04 of the South Burlington Land Development Regulations.
The plans were reviewed by the Department of Public Works and no formal comments on issues other
than Stormwater and Landscaping were offered. The Board finds that this criterion has been met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The applicant is proposing to use the existing curb cut shared with 1035/1037 Hinesburg Road.
The Department of Public Works reviewed the plans and indicated that they had no issues with access.
The Board finds that this criterion has been met.
(A)(4)The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
The parcel contains neither resources identified in the Open Space strategy nor any unique natural features.
(A)(5)The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is
located.
A. Purpose. The Industrial -Open Space 10 District is established to provide suitable locations for
high -quality, large -lot office, light industrial and research uses in areas of the City with access to major
arterial routes and Burlington International Airport. The 10 District regulations and standards are
intended to allow high -quality planned developments that preserve the generally open character of the
district, minimize impacts on natural resources and water quality, and enhance the visual quality of
approaches to the City while providing suitable locations for employment and business growth. The
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location and architectural design of buildings in a manner that preserves these qualities is strongly
encouraged. Any uses not expressly permitted are prohibited, except those which are allowed as
conditional uses.
The proposed project represents an increase in employment and business growth. The design of the
building is consistent with several other buildings recently constructed in this district. The building includes
attractive architectural features including a partial 2-story. The Board finds that this criterion has been met.
(A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
The property contains no open space areas.
(A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
The Fire Department expressed concerns regarding access and maneuvering on the site. The applicant
discussed the plans with the Fire Chief prior to the April 21, 2015 meeting and incorporated his comments
into updated plan which was then provided to the Board at the April 21, 2015 meeting. The Fire Chief has
indicated that the revised plan addresses his concerns.
The Board finds that this criterion is met as adequate fire protection can be provided as evidenced by
the Fire Chiefs acceptance of the revised plan.
(A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent landowners.
The plans were reviewed by the Department of Public Works and no formal comments on issues other
than Stormwater and Landscaping were submitted to the Board.
With regards to Stormwater, in an email to staff dated April 7, 2015 the Department of Public Works
provided the following comments:
l reviewed the "Happy Tails" project site plan prepared by O'Leary -Burke Civil Associates, PLC, dated
1126115 with revisions on 3125115. / would like to offer the following comments:
The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance infrastructure on site.
Thank you for the opportunity to comment.
-Tom
Thomas J. DiPietro Jr.
Deputy Director
Department of Public Works
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The Board finds that this criterion is met.
(A)(9)Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent
with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground. The plans submitted indicate that new utility lines will be underground. The plans
were reviewed by the Department of Public Works and no formal comments on issues other than
Stormwater and Landscaping were offered.
The Board finds that this criterion has been met.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the project, as currently proposed, is consistent with the Comprehensive Plan.
13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary
hospitals
A. Specific Standards:
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the
boundary of a residential district or existing residential use, the required side or rear setback for the
outdoor exercise facilities shall be sixty-five (65) feet from the residential or residentially -zoned
property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be
landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light
fixtures shall not be permitted within the fifteen (15) foot wide buffer area.
The outdoor exercise area for the project is fully enclosed and screened on all sides consistent with
criterion A (1). Criterion A (3) is not applicable to the project.
The building is also designed to maximize sound -proofing of the dog play area. Applicant has submitted
Spec Sheets for the fencing material to the south for review to assure it is opaque.
The Board finds that the project is consistent with Section 12.23 of the LDRs.
The Board hereby requires that shall not be permitted in the outdoor exercise areas between 9:00 pm
and 7:00 am.
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TRAFFIC
There is no ITE Manual Land Use Code for the proposed use. Appendix B2 in the LDRs allows the use
of trip generation studies for uses which are not contained in the Manual. The proposed use is such
a use.
The applicant performed an AM and PM peak hour traffic count of the Gulliver's Doggie Daycare in
Williston, which purports a daily 100 dog use. This is ideal, as "Happy Tails" once reaching full
capacity will serve 100 dogs on a maximum day. The PM peak hour of 5 — 6 PM had 29 trip ends.
The Board finds that 29 trip ends represents the estimated PM peak hour trip generation for this
new facility.
DECISION
Motion by Mark Behr, seconded by Bill Miller, to approve preliminary & final plat application #SD-15-10
of 4 On the Floor, 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 applicant shall obtain final water and wastewater allocations approval prior to the issuance of
any zoning permits.
4. The Board hereby grants a waiver of 18 ft. to allow a 39 ft. front setback.
5. The applicant shall provide the Administrative Officer record drawings, per the requirements of
Section 12.03F of the Land Development Regulations prior to the issuance of a Certificate of
Occupancy.
6. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure.
7. The Board requires that animals shall not be permitted in the outdoor exercise areas between
9:00 pm and 7:00 am.
8. 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 29 vehicle
trip ends during the p.m. peak hour.
9. 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 may visit the site as construction progresses to
ensure compliance with this criterion.
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10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications should be underground.
11. Prior to zoning permit issuance for construction of the building, the applicant shall post a $19,500
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.
12. The applicant shall obtain final water/wastewater allocation approvals prior to issuance of a zoning
permit.
13. The mylar shall be recorded prior to any zoning permit issuance.
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. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the
occupancy of the new building.
16. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of
the SBLDR.
17. Prior to issuance of a zoning permit for the project, the applicant shall submit to the Administrative
Officer a final set of project plans as approved in digital (PDF) format.
18. Any changes to the final plat plans shall require approval of the South Burlington Development
Review Board.
19. The final plat plan (sheet 1) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording.
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 5-1— 0.
1
}rh
f'76
Signed this
CV day of
2015, by
1
Tim Barritt, Chair
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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).
M18M