FINDINGS OF FACT

On the 13th day of June 2018 the Colchester Development Review Board approved the site plan and conditional use applications of Malone Dorset Street Properties to amend a previously approved site plan for a 25,000 sq. ft. office/warehouse building.  The amendment is to utilize 17,700 sq. ft. for a manufacturing and processing use with related distribution and warehousing for up to 47 employees with two shifts.  Property is located at 146 Brentwood Drive, tax map 17, parcel 3-8.   The approval is based upon the following facts:

1.         DISCUSSION

This project consists of a site plan and conditional use applications of Malone Dorset Street Properties to amend a previously approved site plan for a 25,000 sq. ft. office/warehouse building.  The amendment is to utilize 17,700 sq. ft. for a manufacturing and processing use with related distribution and warehousing for up to 47 employees with two shifts.  Property is located at 146 Brentwood Drive, tax map 17, parcel 3-8.

The property is located in the General Development Four District.  It is bounded on the east by U.S. Route 7 and the VTrans District Garage, on the south by Brentwood Drive and a vacant lot, on the west by a multi-tenant professional services building, and on the north by the Town of Milton.

The applicant shall submit and receive approval of a cumulative impact statement for the property from the Zoning Administrator prior to occupancy of each unit or prior to the expansion of employees or shifts for the proposed use.  The Zoning Administrator shall approve the proposed new tenant only if the proposed combinations of uses fit within the parking, sewer, and traffic limitations mentioned below.  In making her/his determination, Zoning Administrator will then utilize the parking standards contained in  the Devlopment Regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources.  If a use is proposed which does not fit clearly within any of these standards, is not a permitted use within the district, is a permitted use with special conditions, or if a shared parking concept is proposed in order to meet the parking limit, the applicant must then obtain prior approval from the Development Review Board for the proposed use.  The number of units may be modified by the Administrative Site Plan Review Process.  The Board should consider approving the project for all permitted uses within the current zoning district with the exception of residential uses.

As of the date of issuance of the Findings of Fact and Order no person(s) have been granted interested party status:

The following is an excerpt from the minutes of the June 13th hearing:

David Burke was present on behalf of the conditional use and site plan applications.

The presentation included, but was not limited to, the following:

• Overview of the existing site which includes existing 25,000 sq. ft. office/warehouse building.
• The structure had been previously approved as a multi-use facility and hosted a furniture store in the past.
• The amendment is for Vermont Nut Free Chocolates to utilize 17,700 sq. ft. for a manufacturing and processing use with related distribution and warehousing.
• The facility will have up to 47 employees with two shifts.
• Applicants will apply for a permit to install a loading deck in the rear of the facility.
• Cumulative impact statement will be completed for future uses as well.
• The applicants will install a bike rack.
• No planned changes in lighting. Would like to get this waved since lighting is in place and no exterior changes.
• The applicant will need to construct the recently approved sewer system modifications prior to a certificate of occupancy for the new use.
• The overall lot coverage and exterior design will remain the same.
• A total of 189 vehicle trips per day are proposed for the lot including 18 AM peak vehicle trip ends and 18 PM peak vehicle trip ends.

Review of the criterial for a conditional use approval:

1. The facility complies with the traffic and roadways use of the master permit for Brentwood Park. A cumulative statement of the proposed vehicle trip ends (total, AM peak, and PM peak) shall be submitted as each unit is leased.

2. The facility complies with the bylaws and ordinances in effect.

3. No changes are proposed to the exterior of the existing building therefore

   no adverse impacts.

4. No impact to existing or planned community facilities.

5. The facility will not have an impact on the utilization of renewable energy resources.

The Board reviewed the conditional use and site plan applications. 

There were no comments or questions from the public.

A motion was made by A. MacDonald and seconded by E. Richard to close the public hearing.  The motion passed with a vote of 6 - 0.

In deliberative session, a motion was made by E. Richard and seconded by A. MacDonald to approve the site and conditional use applications, with conditions.  The motion passed with a vote of 6 - 0.

II. FINDINGS OF FACT

The Development Review Board has found that the project will not have any adverse effects as defined by the criteria listed in the Site Plan Review Criteria of the Town of Colchester Development Regulations.

§ 8.07A(1) Water/Air Pollution (Septic):  The site is approved for  1,914 gallons per day.  The applicant has a lease for a maximum sewer flow use of 1,619 gallons per day with the other 30% of the building having the remaining 295 gallons per day.  This request is for 47 maximum employees operating 2 shifts requiring 1,269 gallons per day.  The existing system has 800 gallons of allocation and the applicant will need to construct the recently approved modifications to the system prior to a certificate of occupancy.  Prior to the issuance of a building permit, the applicant shall receive a State Wastewater Permit for the change in use.  A cumulative statement of the actual use and wastewater flows shall be submitted as each unit is leased.  The Board found the application meets this criterion.

§ 8.07A(2) Water:  Prior to the issuance of a building permit, the applicant shall receive a water allocation from the appropriate Fire District. The Board found the application meets this criterion

Coverage/Stormwater:  The applicant stated that overall lot coverage will remain 23% (60% max).  Approximately 10,890 sq. ft. of earth disturbance will be required for the septic system.  The Board found the application meets this criterion.

§ 8.07A(4) Traffic /Access/Circulation: The project will utilize the existing curb cuts on Brentwood Park.  A total of 189 vehicle trips per day are proposed for the lot including 18 AM peak vehicle trip ends and 18 PM peak vehicle trip ends.  This is within the master permit for Brentwood Park.  A cumulative statement of the proposed vehicle trip ends (total, AM peak, and PM peak) shall be submitted as each unit is leased.  In no case shall these caps be exceeded without a site plan amendment and review of the Brentwood Park master permit approval.  The Board found the application meets this criterion.

§ 8.07A(5) Setbacks:  All setbacks are being met.  No outside storage is proposed or approved at this time.  The existing dumpster area should be fully enclosed prior to the issuance of a certificate of occupancy as the dumpsters will contain food.  The Board found the application meets this criterion.

§ 8.07A(6) Historic Sites / Natural Areas:  There are no known historic sites or natural areas on  the property.  The Board found the application meets this criterion.

§ 8.07A(7) Scenic Beauty/Aesthetics:  No changes are proposed to the exterior of the existing building therefore no adverse impacts on the beauty or aesthetics of the area is anticipated.  The Board found the application meets this criterion.

§ 8.07A(8) Public Facilities:  No impacts are proposed or anticipated.  The Board found the application meets this criterion.

§ 8.07A(9) Municipal Services: The Building Inspector has reviewed the plans with the Fire Chiefs and they have no comments at this time.  The Board found the application meets this criterion.

§ 8.07A(10) Character of the Area:  As no exterior changes are proposed there is no anticipated change to the character of the area.  The Board found the application meets this criterion.

§ 8.07A(11) Town Municipal Plan:  The project site is within the Exit 17 village mixed use future land use area.  While this neighborhood is characterized by a lack of infrastructure that inhibits intensive development, the lot is located within an area that has access to a community on-site septic system and municipal water.  The Board found the application meets this criterion. 

§ 8.07A(12) Landscaping:  Per Section 10.04 of the Zoning Regulations, 3% ($750) of project costs in new landscaping is required.  As no changes are proposed to the exterior of the building, it was recommended that the Board waive the minimum landscaping value in exchange for having the applicant revegetate any trees or plants that have been removed since the original approval and trim the existing vegetation prior to the issuance of a certificate of occupancy.  The Board found the application meets this criterion.

§ 8.07A(13) Parking: The site has 62 parking spaces including three handicapped spaces and the new use will require 44 spaces.  As each unit is fit-up or tenants changed, the cumulative impact statement will be adjusted to accommodate for the varied uses in the suites and the required parking.  No individual tenant or use will be allowed if it exceeds the allocation for parking, traffic, or wastewater.  The previous approval exceeded 110% of the required parking using this ratio of office and warehouse however as approval of the uses was not provided, this was not out of compliance.  If the previously approved building was to be fit-up entirely for office, the 32 spaces would have actually been deficient.  While the parking appears to meet Section 10.01 of the Zoning Regulations, staff wishes to note for the record that the proposed parking may be a limiter to possible tenants for the suites.  The parking is within the master permit for Brentwood Park.  The plans shall be revised to show a bike rack provided as required.  The Board found the application meets this criterion.

§ 8.07A(14) Lighting:  No changes are proposed to the approved lighting.  The applicant  confirmed that no more than 25% of the exterior lighting will remain on during non-business hours.  The Board found the application meets this criterion.

§ 8.10E(1) The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the Town of Colchester Municipal Plan:  § 8.07A(11) Town Municipal Plan:  The project site is within the Exit 17 village mixed use future land use area.  While this neighborhood is characterized by a lack of infrastructure that inhibits intensive development, the lot is located within an area that has access to a community on-site septic system and municipal water.  The use is in keeping with the intent of the Town Plan.  The Board found the application meets this criterion.

§ 8.10E (2) The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located:  The purpose of the General Development Four District is encourage a mix of uses both residential and non-residential in an area proximate to Exit 17 that has relatively easy access to Interstate 89.  Industrial and warehouses uses may be appropriate as long as they do not adversely affect the visual and rural qualities of the area and are adequately separated from residential uses.  The proposed manufacturing facility will be in an existing building and will not adversely affect the visual and rural qualities of the area.  The Board found the application meets this criterion.

§ 8.10E (3) The DRB shall take into consideration minimum lot size, size, design, and location of structures and service areas; and distance from adjacent or nearby uses:  No changes are proposed to the lot size or height of the building.  Setbacks are being met. The Board found the application meets this criterion.

§ 8.10E (4)(a) The proposed use shall not result in adverse effect on the capacity of existing or planned community facilities:  The proposed project is not within proximity to an existing or planned community facility. The Board found the application meets this criterion.

§ 8.10E (4)(b) The proposed use shall not result in adverse effect on 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: See responses to criteria one and two above. The Board found the application meets this criterion.

§ 8.10E (4)(c) The proposed use shall not result in adverse effect on the traffic on roads and highways in the vicinity: The existing parking and circulation will not change.  A total of 189 vehicle trips per day are proposed for the lot including 18 AM peak vehicle trip ends and 18 PM peak vehicle trip ends.  This is within the master permit for Brentwood Park.  A cumulative statement of the proposed vehicle trip ends (total, AM peak, and PM peak) shall be submitted as each unit is leased.  In no case shall these caps be exceeded without a site plan amendment and review of the Brentwood Park master permit approval. The Board found the application meets this criterion.

§ 8.10E (4)(d) The proposed use shall not result in adverse effect on the Bylaws and ordinances in effect:  No adverse effect anticipated as the project shall be required to be in conformance with site plan review criteria under Article Eight of the Development Regulations. The Board found the application meets this criterion.

§ 8.10E (4)(e) The proposed use shall not result in adverse effect on the utilization of renewable energy resources:  The proposed project shall be required to comply with State energy efficiency code and is not expected to have an adverse impact on renewable energy resources. The Board found the application meets this criterion.

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

III.  ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby grants approval of the site plan and conditional use applications Malone Dorset Street Properties

to amend a previously approved site plan for a 25,000 sq. ft. office/warehouse building.  The amendment is to utilize 17,700 sq. ft. for a manufacturing and processing use with related distribution and warehousing for up to 47 employees with two shifts. Property is identified in Book 770, Page 636 of the Colchester Land Records.   Property is located at 146 Brentwood Drive, tax map 17, parcel 3-8.  The approval is per a site plan and conditional use application with the following conditions:

1.     All previous approvals and stipulations which are not superseded by this approval shall remain in effect.

2.     No excavation, site development, or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with the Building, Development, Health and other applicable ordinances that may be required.

3.     The applicant shall submit and receive approval of a cumulative impact statement for the property from the Zoning Administrator prior to occupancy of each unit or prior to the expansion of employees or shifts for the proposed use.  The Zoning Administrator shall approve the proposed new tenant only if the proposed combinations of uses fit within the parking, sewer, and traffic limitations mentioned below.  In making her/his determination, Zoning Administrator will then utilize the parking standards contained in  the Development Regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources.  If a use is proposed which does not fit clearly within any of these standards, is not a permitted use within the district, is a permitted use with special conditions, or if a shared parking concept is proposed in order to meet the parking limit, the applicant must then obtain prior approval from the Development Review Board for the proposed use.  The number of units may be modified by the Administrative Site Plan Review Process.  The Board should consider approving the project for all permitted uses within the current zoning district with the exception of residential uses.

4.     The approval is to establish a manufacturing and processing use with related distribution and warehousing for a maximum of 47 employees operating two (2) shifts in 17,700 sq. ft. of the 25,000 sq. ft. building.

5.     The Board granted a waiver of the 3% landscape ($750) of project costs in new landscaping.

6.     No use will be allowed if it exceeds allocation for parking, traffic or wastewater for the site. 

7.     Prior to issuance of a building permit:

a.      The applicant shall receive a State Wastewater Permit for the change in use.  A cumulative statement of the actual use and wastewater flows shall be submitted as each unit is leased.

a.      The applicant shall obtain a water allocation for the use from the appropriate Fire District. 

8.     In accordance with Colchester’s Fee Ordinance Chapter 6 ½ -4 (9) the applicant is responsible for payment of all permit fees as well as for the costs of reviews conducted by third-party consultants/experts requested by the Town.  All fees shall be paid prior to or at the time of obtaining a building permit.

9.     If renovations of the existing structures exceed twenty-five (25) percent of the total area of the structure within a ten-year period additional upgrade to the fire alarm and other life safety components of the building may be required per Chapter Four of the Colchester Code of Ordinances.

10.  By acceptance of these Findings of Fact and Order, the Permittees agree to allow representatives of the Town of Colchester access to the property covered by the approval for the purpose of ascertaining compliance with all local regulations and with this Order.

11.  Additional permits may be required.  To determine if other permits are required, contact the State District Environmental office at (802) 879-5676 and the State Division of Fire and Safety at (802) 879-2306.

12.  A sign application must be submitted by the applicant and must be reviewed and approved by the Zoning Administrator prior to the erection of any signs.  No new signage is approved at this time.

13.  A complete application for a building permit shall be submitted within twelve (12) months of the site plan approval.  The said twelve (12) month period shall be extended by any action caused by court proceedings.

14.  Work authorized under a building permit shall be commenced and diligently pursued through the completion of substantial construction within twelve (12) months of receiving a building permit.

15.  The conditional use permit shall expire if work authorized under the DRB approval is not commenced and diligently pursued within twelve (12) months of receiving DRB approval.

16.  Prior to issuance of a Certificate of Occupancy:

a.      The recently approved modifications to the wastewater system shall be installed.

b.     The existing dumpster shall be enclosed.

c.      Any trees or plants removed from the original landscape plan shall be replanted and existing vegetation trim if necessary.

18.  The project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, the Colchester Development Regulations.  There shall be no change in the proposed use or approved plans without prior approval of the Town.  The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein.  Any unauthorized change from the approved plans shall be grounds for revocation of the Order and approval pursuant to 24 V.S.A. § 4455, as may be amended.  The Town reserves the right to petition the Environmental Division of the Vermont Superior Court for revocation of this approval and any permits granted hereunder, or to seek other enforcement action, if the Town believes the applicant/permittee has violated the terms of approval, or has obtained approval based on a misrepresentation of material fact.

V.  APPEAL RIGHTS

The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 32 Cherry Street, 2^nd Floor, Suite 303 Burlington, VT 05401 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont  05446.  The fee is $295.00 made payable to Vermont Environmental Court.  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 V.S.A. § 4472 (d) (exclusivity of remedy; finality).  This also applies to any interested person(s) who may have had a right to appeal.