HomeMy WebLinkAboutSP-18-16 CU-18-07 - Decision - 0010 Lime Rock Road#SP-18-16 #CU-18-07
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TRONO FUELS — 10 LIME ROCK ROAD
SITE PLAN APPLICATION #SP-18-16 & CONDITIONAL USE APPLICATION #CU-18-07
FINDINGS OF FACT AND DECISION
Conditional use application #CU-18-07 and site plan application #SP-18-16 of Trono Fuels to
amend a previously approved site plan for an auto repair facility. The amendment consists of
constructing a 1,600 sf addition to the existing building, adding a paved parking lot and changing
the use to contractor or building trade facility. A portion of the proposed work is located within
a stream buffer, requiring conditional use review, 10 Lime Rock Road.
The Development Review Board held a public hearing on May 15 and June 5, 2018. The
applicant was represented by Abagail Dery and Jeff Goller.
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. Trono Fuels, hereinafter referred to as the applicant, is seeking conditional use and site
plan approval to construct a 1,600 sf addition with three garage bays to the existing
building, adding a paved parking lot and changing the use to contractor or building trade
facility, 10 Lime Rock Road.
2. The owner of record of the subject property is Trono Fuels.
3. The subject property is located in the Mixed Industrial and Commercial District.
4. The application was received on April 12, 2018.
5. The plan set submitted consists of a twelve (12) page plan set entitled "Trono Fuels
Legend and Notes," prepared by TCE and dated March 26, 2018 last revised May 28,
2018.
6. The project also includes the extension of municipal sewer service in the public ROW
along Lime Rock Road.
7. In 2017, the Project received an after -the -fact approval to convert the exiting building to
a contractor or building trade facility and to establish an outdoor storage area (#SP-17-
44). The previous approval never received a certificate of occupancy, thus the current
application addresses the change in use as well as the proposed addition, parking lot
paving, and floodplain impacts.
8. The current valid approval includes an outdoor storage areas. The current application
includes removal of this approval.
9. The application is subject to conditional use review because a portion of the work is
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located within the floodplain overlay district (Section 10.01F(1)(e)).
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
IC Zoning, District
Required
Existing
Proposed
Min. Lot Size
40,000 sf
40,005 SF
40,005 SF
Max. Building Coverage
40 %
5.0%
9.0%
Max. Overall Coverage
70 %
21.1%
40.4%
@ Min. Front Setback
30 ft.
43 ft.
43 ft.
@ Min. Side Setback
10 ft.
15 ft.
15 ft.
Min. Rear Setback
30 ft.
> 30 ft.
> 30 ft.
Max. Front Setback Coverage
30%
27.9%
29.2%
Max. Height (flat roof)
35 ft.
< 30 ft.
< 30 ft.
Surface Water Setback
50 ft.
71 ft.
50 ft.
U Zoning Compliance
SECTION 10.01 FLOODPLAIN OVERLY DISTRICT
Within the floodplain overlay district, grading, excavation, or the creation of a pond is a
conditional use subject to approval by the Development Review Board. The project is located
within the floodplain overlay Zone AE subdistrict and in the floodplain overlay Zone 0.2%
subdistrict.
Floodplain Overlay Zone A, AE and Al-30 Subdistrict Standards
(a) No encroachment, including fill, new construction, substantial improvement, or
other development, that would result in any increase in flood levels within the
regulatory f/oodway during the occurrence of the base flood discharge, shall be
permitted unless hydrologic and hydraulic analyses are performed in
accordance with standard engineering practice, by a licensed professional
engineer, certifying that the proposed development will: a) Not result in any
increase in flood levels (0.00 feet) during the occurrence of the base flood; and
b) Not increase any risk to surrounding properties, facilities, or structures from
erosion or flooding.
The applicant has provided a statement from their engineer that the proposed
improvements will not result in increase in flood levels or risk to surrounding
properties, facilities or structures. The Board finds this criterion met.
(b) Within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict, excavation
of earth products shall be prohibited in such cases where it is anticipated that
such excavation will lower the level of the water table, interfere with natural
flow patterns, or reduce flood storage capacity.
The Board finds this criterion met.
(c) All development allowed as Conditional Uses pursuant to Section 10.01(F)(1)(e)
above shall meet the following additional standards:
(i) All development shall be reasonably safe from flooding, as determined by
compliance with the specific standards of this subsection.
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(ii) All development shall be designed (1) to minimize flood damage to the
proposed development and to public facilities and utilities, and (11) to provide
adequate drainage to reduce exposure to flood hazards.
(iii) All development shall be (1) designed (or modified) and adequately
anchored to prevent flotation, collapse, or lateral movement of the structure during
the occurrence of the base flood, (11) be constructed with materials resistant to flood
damage, (111) be constructed by methods and practices that minimize flood damage,
and (IV) be constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components during
conditions of flooding.
(iv) N/A
(v) N/A
(vi) The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(vii) — (xv) N/A
The purpose of the development within the floodplain is to provide stormwater
treatment for the proposed expansion of the existing development. The proposed
treatment practice is located predominantly in cut with no more than a few inches of
fill at the highest point. The Board finds this configuration is adequately protective
against destabilization during flood conditions.
Floodplain Overlay Zone 0.2% Subdistrict Standards
The standards in this subdistrict pertain to structures. The stormwater treatment facility is not a
structure and therefore these standards are not applicable.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
12.01C. Surface Water Buffer Standards ("Stream Buffers")
(1) Applicability. The requirements of this Section shall apply to all lands described as
follows:
(c) All land within fifty (50) feet horizontal distance of the centerline of any minor
stream
This applicable area includes a portion of the undeveloped area to the rear of the existing
gravel parking lot, labeled on the provided plan as "50' Riparian Buffer."
(2) General standards. It is the objective of these standards to promote the
establishment of heavily vegetated areas of native vegetation and trees in order to reduce
the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base
flows in the City's streams and Lake Champlain. Therefore, except as specifically permitted
by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all
lands within a required stream buffer defined above shall be left in an undisturbed, naturally
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vegetated condition. Supplemental planting and landscaping with appropriate species of
vegetation to achieve these objectives shall be permitted. The specific standards for the
vegetation and maintenance of stream buffers are as follows:
(a) The clearing of trees that are not dead, heavily damaged by ice storms or other
natural events, or diseased, and the clearing of any other vegetation other than invasive
species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below.
(b) Any areas within a required stream buffer that are not vegetated or that are
disturbed during construction shall be seeded with a naturalized mix of grasses rather
than standard lawn grass, and shall not be mowed more than one (1) time per calendar
year after establishment.
(c) The creation of new lawn areas within stream buffers is not permitted after the
effective date of these regulations.
The majority of area within the stream buffer will not be disturbed. The applicant has not
indicated what the surface treatment will be in the area designated as snow storage. The
Board finds that this area must be seeded in accordance with this standard and not
mowed.
(d) Snow storage areas designated pursuant to site plan or PUD review shall not be
located within stream buffers unless the applicant can demonstrate that:
(i) There is no reasonable alternative location for snow storage on the same
property.
(ii) Measures such as infiltration areas have been incorporated into the site
plan and/or stormwater treatment system to reduce the potential for erosion and
contaminated runoff entering the associated stream as a result of snow melt.
The applicant is proposing to locate snow storage within the stream buffer.
12.03 Stormwater Management Standards
The Assistant Stormwater Superintendent reviewed the application on May 10, 2018 and offers
the following comments.
Marla,
The Stormwater Section has reviewed the "Trono Fuels —10 Lime Rock Road" plans
prepared by TCE, dated 312612018. We would like to offer the following comments:
1. Revise the forebay to provide a minimum depth of 2 feet.
2. Confirm if wetland plants included in the Gravel Wetland Section detail on Sheet
C8-03 are suitable for continuous inundation of 1.75' of water.
3. 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,
Dave
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The Board finds the comments of the Stormwater Section shall be conditions of approval.
SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
Section 14.06 of the South Burlington Land Development Regulations establishes the following
general review standards for all site plan applications:
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 project is located in the northeast quadrant, whose objectives as stated in the
comprehensive plan are to allow opportunities for employers in need of large amounts of
space provided they are compatible with the operation of the airport, and to provide a
balanced mix of recreation, resource conservation and business park opportunities in the
south end of the quadrant. The Board finds that the proposed use is compatible with the
airport and that the site is not located in the south end of the quadrant. The Board finds this
criterion met.
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 is proposing to locate parking and bicycle parking to the front of the
site and truck movements to the rear of the site. The Board finds this criterion 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.
The applicant is proposing to formalize two existing parking spaces to the front of the
building, and to add additional parking to the side of the existing building. The Board
finds this criterion met.
(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 Board finds this criterion met.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards
shall apply:
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
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additional access for emergency or other purposes, or to improve general access
and circulation in the area.
The project is located on a minor street. The Board finds that reservation of land for reducing
curb cuts is not required, and considers this criterion met.
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. Standards of Section 15.13,
Utility Services, shall also be met.
No new wire -served utility services are proposed. The Board finds this criterion met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, 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 applicant is proposing to provide an enclosed 8'x10' concrete dumpster pad. The Board finds
this criterion met.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
The applicant is proposing to remove a lilac, a row of shrubs, and a maple which were included
on the previously approved site plan. The applicant has provided a proposed landscaping plan
which replaces the removed trees, the maple on a caliper by caliper basis in accordance with
Section 13.061 and the lilac and shrub on a size basis. The applicant has also provided a table of
landscape values demonstrating the estimated value of landscaping to be removed and
landscaping to be replaced, as well as new landscaping required in Section 13.06G(3) as a
percentage of building expansion. The required minimum landscape value is $5,895 based on an
estimated construction cost of $196,500. The provided new landscaping value exceeds the
minimum required landscape value by $55. The Board finds this criterion met.
E. Modification of Standards. Except within the City Center Form Based Code District,
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, 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.
The Board finds that no modification of standards is necessary.
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F Low Impact Development. The use of low impact site design strategies that
minimize site disturbance, and that integrate structures, landscaping, natural hydrologic
functions, and various other techniques to minimize runoff from impervious surfaces and to
infiltrate precipitation into underlying soils and groundwater as close as is reasonable
practicable to where it hits the ground, is required pursuant to the standards contained within
Article 12.
The Board finds this criterion met.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards
for Roadways, Parking, and Circulation shall be met.
As part of this project, the applicant is proposing to extend the municipal sewer on Lime Rock Road
to connect to the property. The applicant has obtained preliminary wastewater allocation for the
proposed connection. The Director of Public Works reviewed the project on March 8, 2018 and offers
the following comment.
For trench repaving the note should be: "repave with 2 'z" base pavement with a 1 'z" top
layer or match existing depth of pavement, whichever is greater."
The Board finds the comment of the Director of Public Works shall be a condition of approval.
SECTION 14.10 CONDITIONAL USE CRITERIA
Pursuant to Section 10.01 of the South Burlington Land Development Regulations (Floodplain
Overlay District), the proposed stormwater treatment practice shall be reviewed as a
conditional use and shall meet the following standards of Section 14.10(E):
14.10(E) General Review Standards. The Development Review Board shall review the proposed
conditional use for compliance with all applicable standards as contained in these regulations.
The proposed conditional use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
This project will have no adverse effect upon community facilities. The Board finds this criterion
met.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning
district within which the project is located, and specifically stated policies and standards of the
municipal plan.
The Board find the proposed project consistent with the stated purpose of the Mixed Industrial -
Commercial District, which is "to encourage general commercial activity in areas of the City served
by major arterial roadways and with ready access to Burlington International Airport." The Board
finds this criterion met.
(3) Traffic on roads and highways in the vicinity.
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The PM peak number of trips generated by this use will be 2.99 based on 3,600 sf of general light
industrial. The proposed 1,600 sf expansion will generate 1.33 trips. The Board finds this project
will have no adverse effect on traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
The Board finds this criterion met. See above for a discussion of compliance with floodplain and
site plan standards.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources. The Board finds this criterion met.
OTHER
3.15 Energy Standards
The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section
3.15: Residential and Commercial Building Energy Standards of the LDRs.
13.14 Bicycle Parking and Storage
The minimum required short-term bicycle parking for the building is 2 spaces. The applicant is
proposing an inverted-U style rack on a 2-foot by 6-foot concrete pad. The Board finds this
criterion met.
16.03 Standards for Erosion Control during Construction
The applicant has submitted a demolition and EPSC plan in support of the project. The Board finds
that the provided Erosion Control notes do not reflect the required stabilization timelines of
16.03B, nor has the applicant demonstrated compliance with the minimum topsoil thickness
requirements of 16.04A.
Wastewater
The applicant is proposing to extend the sewer line from Ethan Allen Drive to the subject property.
The City will review this design as part of separate permit review processes.
DECISION
The South Burlington Development Review Board hereby approves Conditional Use application
#CU-18-07 and Site Plan application SP-18-16 ofTrono Fuels, subject to the following stipulations:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plan submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
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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 plat shall be submitted to
the Administrative Officer prior to recording the plat.
a. Provide a naturalized mix of grasses in disturbed areas within the stream buffer
and prohibit mowing in the stream buffer
b. Relocate the snow storage area located in the southwest corner of the parking
lot out of the stream buffer to the unpaved area west of the existing 20-inch
sugar maple on the south property line.
c. Revise the forebay to provide a minimum depth of 2 feet.
d. Remove wetland plans that are unsuitable for continuous inundation from the
Gravel Wetland Section detail on Sheet C8-03.
e. Change the trench repaving note to "repave with 2 %" base pavement with a 1 %"
top layer or match existing depth of pavement, whichever is greater."
f. Revise the EPSC plan to reflect 4-inches minimum topsoil thickness.
g. Revised the EPSC plan to reflect the stabilization timelines of 16.03B.
4. The applicant must regularly maintain all stormwater treatment and conveyance
infrastructure.
5. The applicant shall obtain wastewater allocation prior to zoning permit approval.
6. 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.
7. A digital PDF version of the full set of approved final plans shall be delivered to the
Administrative Officer before obtaining a zoning permit.
8. Prior to issuance of the zoning permit, the applicant shall post a landscaping bond with a value
of $5,895. 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.
9. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior
to use of the new uses.
10. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Mark Behr
Yea
Nay
Abstain
Matt Cota
Yea
Nay
Abstain
Frank Kochman
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
Brian Sullivan
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
Motion carried by a vote of 5 — 0 — 0
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
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Signed this 7 day of June, 2018, by
Bill Miller, 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://vermontoudiciary.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 802.477.2241 to speak with the regional Permit Specialist.
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