HomeMy WebLinkAboutSP-10-56 - Decision - 0045 Green Mountain DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GMS REALTY, LLP - 45 GREEN MOUNTAIN DRIVE
SITE PLAN APPLICATION #SP-10-56
FINDINGS OF FACT AND DECISION
GMS Realty, LLP, ereafter referred to as the applicant, is seeking site plan approval to amend
a previously approved plan for an 8400 sq. ft. mixed use building. The amendment consists of
expanding the parking area, 45 Green Mountain Drive. The Development Review Board held a public
hearing on August 17, 2010. Gregg Laber 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 site plan approval to amend a previously approved plan for an 8400 sq. ft.
mixed use building. The amendment consists of expanding the parking area, 45 Green Mountain
Drive.
2. The owner of record of the subject property is GMS Realty, LLP.
3. The subject property is located in the C2 Zoning District.
4. The plan submitted is entitled "Site Plan GMS Realty LLP, 45 Green Mountain Drive South
Burlington, Vermont," prepared by Ruggiano Engineering Inc, dated 7/28/10, last revised on 8/13/10.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the following general
review standards for all site clan applications:
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
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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.
This is being met. The proposed use is identified as a preferred use in the district 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.
There are no changes with respect to the transitions from structure to site and from structure to structure
as a result of this proposal. The proposal includes the addition of additional parking to the rear of the
site.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings.
(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.
iThe parking area is necessary to meet minimum requirements of the
Americans with Disabilities Act;
iiThe parking area will serve a single or two-family home;
iiiThe lot has unique site conditions such as a utility easement or unstable
soils that allow for parking, but not a building, to be located adjacent to the
public street;
ivThe 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); or,
vThe principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width of all
proposed parking areas that are both to the side of a building and between the front lot
line and the building line of the building on the lot that is closest to the public street
shall not exceed one-half of the total building width of all buildings on the lot that are
located adjacent to the public street. Buildings separated from the front lot line by
parking approved pursuant to 14.06(C)(2)(b) shall be considered adjacent to the public
street. Buildings separated from the front lot line by any other parking areas shall not
be considered adjacent to the public street.
(d) The DRB shall require that the majority of the parking on through lots and corner
lots be located between the building(s) and the side yards or between the building and
the front yard adjacent to the public street with the highest average daily volume of
traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority
of parking shall be located between the building and the side yards or between the
building and the yard that is adjacent to the Interstate.
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The applicant is proposing a new parking area to the rear of the building to add eleven (11) spaces,
while also removing 11 spaces from the front and side of the building.
The proposed parking spaces meet the dimensional requirements for angled parking spaces.
(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.
There are no proposed changes with respect to the height of the building, which remains within the limits
of the district.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
There are no proposed changes with respect to the height of the building, which remains within the limits
of the district.
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 applicant has not submitted any elevations of the existing building. No height waiver is requested
and there are no changes to the existing building.
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.
There do not appear to be any additional opportunities for useable connections to other properties. The
UVM horticulture farm is to the east, but a connection via this property would not be very reasonable.
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.
Additional utility lines shall be installed underground.
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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).
The plans show two screened dumpsters on the property.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
As no additional construction of structures is proposed, there are no additional landscaping
requirements.
The applicant is proposing to clear an existing area of trees to install this new parking area. The tree line
will be moved east.
Snow storage areas are not shown on the plans.
A bike rack is not shown on the plans.
Lighting
All lighting must be in compliance with Appendix D of the South Burlington Land Development
Regulations. All lighting shall be down -cast and shielded.
// -- DECISION
Motion by l7 �C �{ seconded by L ,to approve
Site Plan Applic tion #SP-10-56 o GMS Realty, LLP, subject to the following co ditions:
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 plans shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the
Administrative Officer prior to permit issuance:
a. The plans shall be revised to show the location of the bicycle rack(s).
b. The plans shall be revised to show the location of the snow storage area(s).
4. All lighting must be in compliance with Appendix D of the South Burlington Land Development
Regulations. All lighting shall be down -cast and shielded.
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5. Per Section 17.04 of the Land Development Regulations, the applicant shall obtain a zoning permit
within six (6) months or this approval is null and void.
6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use
of the new parking area.
7. Any change to the site plan shall require approval of the Administrative Officer or the Development
Review Board.
Mark Behr —&nay/abstain/not presen
Matthew Birmingham — yea/nay/abstain of presen
John Dinklage �Wnay/abstain/not present
Roger Farley — e ay/abstain/not resent
Eric Knudsen — yea/nay/abstain of present
Gayle Quimbye ay/abstain/no presen
Bill Stuono yea/ ay/abstain/not present
Motion carried by a vote of - & - v
Signed this day of 2010, by
J n Dinklage, Chairman
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
$250.00. 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).
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