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HomeMy WebLinkAboutCU-07-01 SP-07-06 - Decision - 0068 Nesti Drive#CU-07-01 #SP-07-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CATAMOUNT/MIDDLEBURY, LLC - 68 NESTI DRIVE CONDITIONAL USE APPLICATION #CU-07-01 SITE PLAN APPLICATION #SP-07-06 FINDINGS OF FACT AND DECISION Catamount/Middlebury, LLC, hereinafter referred to as the applicant, is seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to designate 30 parking spaces as a commercial parking use, 68 Nesti Drive. The applicant is also seeking site plan approval to amend a previously approved plan for a 53,000 sq. ft. building consisting of 46,000 sq. ft. of light manufacturing use and 7,000 sq. ft. of pet day care use. The amendment consists of designating 30 parking spaces for commercial parking use, 68 Nesti Drive. The Development Review Board held a public hearing on Tuesday, February 20, 2007. John Wakefield 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 conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to designate 30 parking spaces as a commercial parking use, 68 Nesti Drive. 2) The applicant is also seeking site plan approval to amend a previously approved plan for a 53,000 sq. ft. building consisting of 46,000 sq. ft. of light manufacturing use and 7,000 sq. ft. of pet day care use. The amendment consists of designating 30 parking spaces for commercial parking use, 68 Nesti Drive. 3) The owner of record of the subject property is Catamount/Middlebury, LLC. 4) The subject property is located in the Commercial 2 (C2) Zoning District. 5) The plan submitted is entitled, "Proposed Commercial Parking", prepared by Civil Engineering Associates, Inc., dated Jan, 2006. - 1 - #CU-07-01 #SP-07-06 DIMENSIONAL STANDARDS There are no changes to dimensional standards as part of this application. 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) 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. No changes to the existing buildings are being proposed as part of this application. This criterion is being met. Given the current use of 46,000 square feet of light manufacturing, and 7,000 square feet of pet daycare, 35 parking spaces are required. The site plan depicts 117 spaces, including 3 spaces marked as handicapped accessible. Designating 30 of the 117 spaces for commercial parking use leaves 87 parking spaces for the subject property. This is more than enough to satisfy the existing use and also allows for a substantial change in use for the building should that happen. The handicapped spaces shown do not have the required 5 foot access aisles. The plans should be revised to stripe access aisles accordingly. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. No changes to the existing buildings are being proposed as part of this application. Without tearing down the new building it would not be possible to relocate the parking. The parking layout presented is acceptable. (c) 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 height of the building will remain unchanged and below 35 feet. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes to the existing buildings are being proposed as part of this application. (e) 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. -2- #CU-07-01 #S P-07-06 The proposed project does not involve any new exterior construction, so this criterion is not applicable. (t) 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 proposed project does not involve any new exterior construction, so this criterion is not applicable. 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 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. At this time, additional accesses are not needed. This issue is being considered via a related application with the Nissan property to the east. (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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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). In a related application, the applicant proposed to install a new 6 foot tall stockade fence to screen the existing dumpster; as this application is being considered for decision first, it should be completed as part of this application. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no minimum landscaping requirements. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. Adequate snow storage areas are shown on the plans. Lighting -3- #CU-07-01 #S P-07-06 Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant has stated that there is no new lighting proposed as part of this application. Bicycle Rack A bicycle rack is depicted on the plans. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed use is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed use is consistent this criterion. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed use will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed use is consistent with the character of the neighborhood. (c) Traffic on roads and highways in the vicinity. There are no changes anticipated to traffic generation as a result of this application. (d) Bylaws in effect. There are no proposed changes to the building or other dimensional standards. (e) Utilization of renewable energy resources. M #CU-07-01 #SP-07-06 The proposed use will not affect renewable energy resources. (t) General public health and welfare. The proposed use will not have an adverse affect on general public welfare. DECISION C / Motion by seconded by to approve Conditi nal Use Application #CU-07-01 and Site Plan Application#SP-07-06 of Catamount/Middlebury, LLC., 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) 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 depict access aisles of at least 5 feet in width for each handicapped parking space. b) The plans shall be revised to provide screening on all sides of the dumpster enclosure. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 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) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the commercial parking spaces. 8) Any change to the site plan shall require approval of the South Burlington Development Review Board or the Administrative Officer. -5- #C U-07-01 #SP-07-06 Mark Behr — oenay/abstain/not present Matthew Birmingham — yea/nay/ab tain not prese John Dinklage — y a/nay/abstai rese Roger Farley ea ay/abstain/not present Eric Knudsen — yea/nay/abstain of resent Peter Plumeau —ay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of - C) Signed this day of f��(W AK %s 2007, by r rk Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. 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).