HomeMy WebLinkAboutCU-14-04 SP-14-12 - Decision - 0472 Meadowland DriveCU-14-04
S P-14-12
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
STEVE GREGORY - 472 MEADOWLAND DRIVE
CONDITIONAL USE APPLICATION #CU-14-04
SITE PLAN APPLICATION #SP-14-12
FINDINGS OF FACT AND DECISION
Conditional use application #CU-14-03 & site plan application #SP-14-12 of Steve Gregory to amend a
previously approved plan for a 60,000 sq. ft. multi -tenant industrial building. The amendment consists of
eliminating the restrictions on the hours of operation, 472 Meadowland Drive.
The Development Review Board held a public hearing on June 3, 2014. Steve Gregory 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 seeks conditional use and site plan approval to eliminate the restrictions on the hours of
operation, 472 Meadowland Drive
2. The application was received on April 23, 2014.
3. The owner of record of the subject property is MBC Condominium Association.
4. The subject property is located in the Industrial Open Space Zoning District.
5. During the hearing, the applicant withdrew the request for a second cremation retort, and maintained the
request to eliminate the prior limitation on hours of operation of the existing permitted retort
6. The plan submitted is entitled "Site Plan Meadowlands Business Complex Lot 2 Meadowland Industrial
Park 472 Meadowland Drive South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers,
Inc., dated 5/03/2006 and last revised on 1/11/10.
CONDITIONAL USE CRITERIA
14.10 Conditional Use Review: General Provisions and Standards
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.
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As noted, the original proposal included two separate elements. During the hearing, the applicant withdrew
the request for a second cremation retort, and maintained the request to eliminate the prior limitation on
hours of operation of the existing permitted retort. The rationale presented was that lengthy time frames
are required for operation of this equipment, and the need for its use unpredictable due to the nature of the
business. No known problems exist with the present crematorium aspect of the funeral home. As the use
was approved and has existed for several years, the Board finds this criterion satisfied.
(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.
Pursuant to Section 5.05(A) of the Land Development Regulations, the 10 District is formed 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 Board heard testimony from the applicant that he has received no complaints about his operation since
he has been operating. The Board also reviewed two (2) letters from businesses in the same building who
indicated that they have had no problems with the applicant's operation.
No aspect of this approved use suggests nonconformance with the purpose of the district. The Board finds
this criterion satisfied.
3) Traffic on roads and highways in the vicinity.
The proposal will not adversely affect traffic in the vicinity as this is a low traffic generator.
(4) Bylaws and ordinances then in effect.
The proposal is in keeping with applicable regulations.
(5) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
The Board finds these criteria satisfied.
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. 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 elimination of the restrictions on the hours of operation will be in compliance with the Comprehensive
Plan.
B. Relationship of Proposed Structures to the Site.
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(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 proposal includes no change to the site plan.
(2) Parking shall be located to the rear or sides of buildings.
The proposal includes no change to the site plan.
(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 adjoining buildings.
The proposal includes no change to the site plan.
(4)Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
The proposal includes no change to the site plan, and no new utility lines.
C. Relationship of Structures and Site to Adjoining Area.
(1)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.
The proposal includes no change to the site plan.
(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 proposal includes no change to the site plan.
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 maybe 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 or other purposes, or to improve general access and
circulation in the area.
There is no need to require 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.
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There are no new utility lines.
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).
The proposal includes no change to the site plan.
D. Landscaping and Screening Requirements
No changes proposed.
6.05 Supplemental Standards for Industrial and Airport Districts
A. Site plan or PUD review required. Development according to industrial and airport district
regulations shall be subject to site plan or planned unit development review as specified above, the purpose
of which shall be to encourage innovation of design and layout, encourage more efficient use of land for
development, promote shared parking opportunities, provide coordinated access to and from commercial
developments via public roadways, and maintain service levels on public roadways with a minimum of
publicly financed roadway improvements.
B. Multiple structures and uses permitted. Multiple structures, multiple uses within structures, and
multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject
site has sufficient frontage, lot size, and lot depth. Area and frontage requirements may be met by the
consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as
the minimum frontage requirements. Where multiple structures are proposed, maximum lot coverage shall
be the normal maximum for the applicable districts.
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the presence
of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than
one -quarter ('4) mile for purposes of these districts). Any requirements for shared access and/or parking
must be secured by permanent legal agreements acceptable to the City Attorney.
(2) Parking shall be placed to the side or rear of the structures if possible.
(3) Parking areas shall be designed for efficient internal circulation and the minimum number of
curb cuts onto the public roadway.
(4) Access improvements and curb cut consolidation may be required.
D. Buffer strip. Properties in the Airport, Mixed Industrial Commercial, Industrial Open Space and
Airport Industrial districts that abut residential districts shall provide a screen or buffer along the abutting
line, as per Section 3.06(1) (buffers).
The Board finds that the above criteria are met.
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DECISION
Motion by Bill Miller, seconded by John Wilking, to approve Conditional Use Application #CU-14-
04 and Site Plan Application #SP-14-12 of Steve Gregory 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. All restrictions on the hours of operation are hereby lifted.
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. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
expanding hours of operation.
6. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
7. The Board accepts the applicant's withdrawal of a request for a second cremation retort
without prejudice; applicant may reapply in the future if desired, and any such application
will be reviewed under the bylaws in effect at that time.
Tim Barritt— yea nay abstain not present
Mark Behr — yea nay abstain not present
Art Klugo — yea nay abstain not present
Bill Miller— yea nay abstain not present
David Parsons - yea nay abstain not present
Jennifer Smith — yea nay abstain not present
John Wilking — yea nay abstain not present
The application was approved by a vote of 5 — 0 —1
Signed this I a day of J L4 V�, 2014, by
Y" Tim Barritt, Chair
5
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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 802.879.5676 to speak with
0
To whom it may concern,
My wife and I own an underwear business known as Commando that neighbors
Steven Gregory's cremation operation at 472 Meadowland Drive, We have found
him to be an excellent neighbor and have no problem with his increasing capacity
and expanding hours. lie is very professional, and we really can't tell when he is
operating as there is no smoke or odor or noise that we have ever noticed.
Naturally, we were a bit concerned that some of our 40 employees might be
uncomfortable by the proximity of such a business next to their workplace. But the
operation is so inconspicuous that it is totally "out of sight, out of mind." I have not
had any complaints from staff or visitors since he began operating. Selfishly, his
business is actually a great neighbor since they rarely have parking visitors and
have agreed to hold any funeral events after business hours.
Please let me know if you have any questions.
Regards,
B
.e72 meadowlanc! &Ive, suite 11 0 1 soot h' 6vdingfon, vt 05403 1 p 802,657,4004 1 f 80165TA007
wearcommcindo.coo
r
POULIN DRYWALL, INC
472 MEADOWLAND DRIVE #6
SOUTH BURLINGTON, VT 05403
May 2, 2014
Mr. Ray Belair
City of So. Burlington
Planning & Zoning.
So. Burlington, VT 05403
Re: Letter of Support
Dear Ray:
This letter is one of total support for the Gregory family business right next door to us. We own
Unit 6 at 472 Meadowland Drive and a wall separates our two busineses. Having been their neighbors
since their inception, I have nothing but praise for them as they exemplify everything you want in a
neighbor. Both father and son are courteous, kind, respectful and sincerely caring of both their
neighbors and their clients.
As far as the nature of their business, I've experienced no issues whatsoever. As I'm certain the
City of So. Burlington surely cares about the quality of the city, this business and their owners are
certainly the type that we can all be proud to call our neighbors. I trust them when they tell me that all
of our concerns have been considered and they operate safely.
In conclusion, in my mind if the city has proven that the safety concerns and zoning regulations
have been met then the only other issue would be the very nature of the business. My belief is that
death is a certainty and buisineses like the Gregorys need to be operating somewhere. I'd rather have
that done by a family as professional and courteous as they are. So I support expanding their operating
hours and capability.
Respe fully,
Tom Desautels, VP
Poulin Drywall, Inc