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HomeMy WebLinkAboutSP-18-15 CU-18-06 - Decision - 0472 Meadowland Drive#SP-18-15 #CU-18-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STEVE GREGORY — 472 MEADOWLAND DR SITE PLAN APPLICATION #SP-18-15 & CONDITIONAL USE APPLICATION #CU-18-06 FINDINGS OF FACT AND DECISION Site plan application #SP-18-15 and conditional use application #CU-18-06 of Steve Gregory to amend a previous approved site plan for a 60,000 sq. ft. multi -tenant industrial building, unit #7 of which is currently approved for use as a funeral home and mortuary (crematorium). The amendment is to add one additional retort to the existing funeral home and mortuary, 472 Meadowland Drive. The Development Review Board held a public hearing on May 1, 2018. The applicant represented himself. 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. Steve Gregory, hereinafter referred to as the applicant, is seeking conditional use approval to add one additional retort to an existing funeral home, mortuary and crematorium, 472 Meadowland Drive. 2. The owner of record of the subject property is MBC Condominium Association. 3. The subject property is located in the Industrial and Open Space Zoning District. 4. The application was received on March 26, 2018. 5. The plan set submitted consists of one page entitled "Meadowlands Business Complex Lot 2 Meadowland Industrial Park," prepared by Krebs & Lansing Consulting Engineers, Inc. and dated May 3, 2006 last revised January 11, 2010. 6. Funeral home, mortuary and crematorium is a conditional use in the Industrial and Open Space Zoning District. A. CONDITIONAL USE CRITERIA Funeral homes, mortuaries and crematoriums are a conditional use in this zoning district. Therefore the Conditional Use Criteria of Section 14.10E apply. 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. #SP-18-15 #CU-18-06 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 finds that the proposed project consistent with the stated purpose of the Industrial and Open Space Zoning District, which is "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 Board finds this criterion met. (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. In the original approval for this use (#CU-11-02 and #SP-11-14), the Board found that the Performance Standards of Appendix A of the Land Development Regulations were met. The Board finds that compliance with these standards is not proposed to change therefore this criterion is met. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. SITE PLAN REVIEW STANDARDS 14.6 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. As part of the initial approval for the Funeral Home and Mortuary Use (#CU-11-2 and #SP- 11-14), the Board found that the proposed use met the goals and objectives of the Comprehensive Plan for the Industrial Open Space Zoning District. The current applicant #SP-18-1S #CU-18-06 consists solely of adding an additional piece of internal equipment therefore the Board finds this criterion continues to be 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. (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. (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. No new construction is proposed as part of this application. The Board finds that the proposed project will not affect compliance with these criteria. 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 additional access for emergency or other purposes, or to improve general access and circulation in the area. 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. 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. D. landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. 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 3 #SP-18-15 #CU-18-06 the location of anew 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. 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. G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. No new construction is proposed as part of this application. There is no specific minimum parking space requirement listed for the use, therefore as described in 13.01B(3)(d), the parking requirements are the same as for the most similar use listed as determined by the Board. The Board finds that the proposed project will not affect compliance with these criteria. DECISION The South Burlington Development Review Board hereby approves Conditional Use application #CU-18-06 of Steve Gregory, 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. 3. The applicant shall obtain wastewater allocation or provide a written document from the applicant's engineer stating that no additional wastewater is needed prior to zoning permit approval. 4. 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. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. #SP-18-15 #CU-18-06 Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5 — 0 — 0 Signed this 2 day of May, 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://vermontiudiciary.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. 5