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HomeMy WebLinkAboutCU-07-09 SP-07-83 - Decision - 0020 Karen Drive#CU-07-09 #SP-07-83 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PEPSI BOTTLING VENTURES, LLC - 20 KAREN DRIVE CONDITIONAL USE APPLICATION #CU-07-09 SITE PLAN APPLICATION #SP-07-83 FINDINGS OF FACT AND DECISION L.E. Farrell Co. Inc, hereafter referred to as the applicant, is seeking conditional use and site plan approval to change the use of a 94,000 sq. ft. manufacturing building to warehousing, processing, storage, and distribution use, 20 Karen Drive. The applicant is also requesting site modifications which have been created over the years, including new parking areas, but which have never been approved by the City. The Development Review Board held public hearings on November 20, 2007 and November 4, 2008. Peter Smiar 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 conditional use and site plan approval to change the use of a 94,000 sq. ft. manufacturing building to warehousing, processing, storage, and distribution use, 20 Karen Drive. 2. The applicant is also requesting site modifications which have been created over the years, including new parking areas, but which have never been approved by the City. 3. The owner of record of the subject property is Pepsi Bottling Ventures, LLC. 4. The subject property is located in the Allen Road Zoning District. 5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled, "PEPSI-COLA Bottling Facility 20 Karen Drive South Burlington Vermont', prepared by Civil Engineering Associates, Inc., dated October 29, 2007, last revised on 10/27/08. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the South Burlington Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the - 1 - #CU-07-09 #SP-07-83 planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed change in use is consistent with the planned character of the area and the existing uses in the area. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Pursuant to Section 5.07(A) of the South Burlington Land Development Regulations, the Allen Road Zoning District recognizes the complex of land uses and densities. Future commercial development shall be in general keeping with Commercial 1 regulations to provide for the goods and services needs of local residents. The proposed warehousing use is in compliance with the stated purpose of the Allen Road District, as it is in an area that is densely developed with commercial and office uses. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposal will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposal is in keeping with the character of uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. According to the ITE, 7" Edition, the proposed uses will result in a decrease in estimated PM peak vehicle trip ends from 61.1 to 63. (d) Bylaws in effect. The proposal is in keeping with applicable regulations. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (0 General public health and welfare. The proposal will not have an adverse affect on general public welfare or the health of the surrounding public. -2- #CU-07-09 #SP-07-83 SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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 change in use results in a decrease in the requirement of parking spaces. Under the new proposal, 48 parking spaces will be required. Sixty-seven (67) are shown on site. However, many of these are not in compliance with the South Burlington Land Development Regulations. Furthermore, many of these have been created on site without City approval. The applicant is currently in violation of their approved site plan. Staff visited the site and previously had some concerns about the proposed parking. The applicant is proposing "expanded gravel parking" to the western side of the property, near the existing garage. This gravel parking is not delineated and is currently being used for tractor trailer truck parking. This has been noted as such. The applicant has addressed several previous concerns of staff relating to the existing parking lot closest to the main entrance on the west side of the building, now labeled for ten (10) parking spaces; they now meet the South Burlington Land Development Regulations standards. The proposed expanded parking area along the southern edge of the subject lot is located in a wetland or wetland buffer. This issue will be discussed in further detail below. Based on 94,000 SF of warehousing, processing, storage, and distribution use, the site requires 47 parking spaces. 67 are provided. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The number of parking spaces located to the front of the building are minimal. The site is largely hidden from public view and most spaces are pre-existing. (c) 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 adjoining buildings. There appears to be a large telecommunications apparatus on the building. It is possible that this exceeds the allowable height limit in the district. The applicant has agreed to remove this large satellite dish. -3- #CU-07-09 #S P-07-83 (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. There are no changes to the proposed building. The change in use proposed herein does not necessitate any changes to this criterion. (� 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. There are no changes to the proposed building. The change in use proposed herein does not necessitate any changes to these criteria. The building has been recently re -faced; the Board finds that it is sufficiently and aesthetically pleasing. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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 of collector street, to provide additional access for emergency purposes, or to improve general access and circulation in the area. It is not necessary to require any additional access to abutting properties. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. It has already been stated that pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) 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). Trash storage is shown on the plans and is adequately screened. (d) Landscaping and Screening Requirements #CU-07-09 #SP-07-83 Because no buildings are proposed, there are no requirements for additional landscaping. Lighting Staff has visited the site and has observed many light fixtures; both building and pole mounted which are not in compliance with the South Burlington Land Development Regulations. Flood lights or lights which are otherwise not downcast or shielded are not permitted. The applicant has proposed to change these to fixtures which are in compliance with Appendix D of the South Burlington Land Development Regulations and has submitted related cut sheets. Wetlands There are significant wetlands on the site which are Class II. The applicant has delineated the wetlands and is proposing impacts to the associated 50 foot buffer. Any impacts into the Class II wetland or associated buffer require a Conditional Use Determination from the State of Vermont before the City will even consider the proposed impacts. The applicant obtained this CUD and submitted a copy. DECISION Motion by Gavle Quimby, seconded by Roger Farley, to approve Conditional Use Application #CU-07-09 and Site Plan Application #SP-07-83 of L..E. Farrell Co., Inc., 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 large satellite dish apparatus shall be removed from the roof prior to issuance of the Certificate of Occupancy. 4. Any new exterior lighting shall consist of downcasting fixtures as per Appendix A.9 and Appendix D of the South Burlington Land Development Regulations. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 5. Pursuant to Section 12.02(E)(2) of the Land Development Regulations, the Development Review Board approves the encroachment into Class II wetlands and wetland buffers. 6. 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 1.9 additional vehicle trip ends during the p.m. peak hour. -5- #CU-07-09 #SP-07-83 7. 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. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to changing the use of the building. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the South Burlington Administrative Officer. Mark Behr —.yet/nay/abstain/not present Matthew Birmingham—yea/nay/abstain/not present John Dinklage - nay/abstain/not present Roger Farley — nay/abstain/not present Eric Knudsen — e ay/abstain/not ry�nt Peter Plumeau — yea/nay/abstainlnot preset Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of �P - U- b Signed this day of I ?71 1 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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).