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Home My WebLink AboutSD-10-12 - Decision - 0005 Green Mountain Drive#SP-10-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TAMMY SCHEY — 5 GREEN MOUNTAIN DRIVE SITE PLAN APPLICATION #SP-10-12 FINDINGS OF FACT AND DECISION Tammy Schey, hereafter referred to as the applicant, is requesting site plan approval to convert 7,575 sq. feet of an 11,200 sq. ft. building used for auto sales, service and repair to commercial kennel use, 5 Green Mountain Drive. The Development Review Board held a public hearing on February 16, 2010. The applicant represented herself. 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 requesting site plan approval to convert 7,575 sq. feet of an 11,200 sq. ft. building used for auto sales, service and repair to commercial kennel use, 5 Green Mountain Drive. 2. The application was received on February 1, 2010. 3. The owner of record of the subject property is MDT Partnership 4. The subject property is located in the Commercial 2 Zoning District. 5. The plan submitted consists of a plan entitled, "The Crate Escape, Too", prepared by Tammy Schey and Daniel Fuller, with a stamped received date of February 1, 2010. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Reauirements Lot IC Zoning District Required Proposed Min. Lot Size 40,000 SF 2.07 acres �l Max. Building Coverage 40% 25.7% Max. Overall Coverage 70% 65.2% Front Yard Coverage 30% 20% Min. Front Setback 50 ft. n/a Min. Side Setback 35 ft. n/a �l Min. Rear Setback 50 ft. n/a Zoning Compliance 1 I:\Development Review Boa rd\Findings_Decisions\2010\Schey_SP1012_ffd.doc #SP-10-12 The applicant is proposing to remove 919 square feet of impervious surfaces, including 450 square feet in the front yard setback, to bring the site into compliance with the Land Development Regulations. 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. The site is in compliance with this criterion. The proposed uses on site (11,925 sq ft of automotive service use at 9 Green Mountain Drive, 3,625 sq ft of automotive service at 5 Green Mountain Drive, and 7,575 sq. ft. of commercial kennel use) would require 43 parking spaces. 49 parking spaces are provided on site. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking for the property at 9 Green Mountain Drive is entirely to the side of the building; the parking for the property at 5 Green Mountain Drive is predominantly to the side of the building, with 5 spaces to the front. Given the minor nature of this application, the fact that no new construction is proposed, and the applicant's plan to remove more than 400 square feet of impervious surface from the front yard, The Board does not recommend any changes to the site plan with respect to this criterion. (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 existing buildings comply with this criterion. The buildings are 25 feet high. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No new utility lines are proposed. (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. No new construction is proposed. I:\Development Review Boa rd\Findings_Decisions\2010\Schey_SP1012_ffd.doc #SP-10-12 (fl 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. No new construction is proposed. Therefore the above criteria are not applicable to this application. 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. It is not necessary to create any additional access points to the properties that abut the subject property. (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). The applicant is proposing a new dumpster with a 6 foot stockade fence. (d) Landscaping and Screening Requirements As no new construction is proposed, his criterion is not applicable to this application. Lighting There are no changes to lighting proposed as part of this application. A bicycle rack is provided on site. Other- Commercial kennel facilities 13.23 of the South Burlington Land Development Regulations regulate outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals. I:\Development Review Board\Findings_Decisions\2010\Schey_SP1012_ffd.doc #SP-10-12 A. Specific Standards: (1) All outdoor exercise areas shall be fully enclosed and screened on all sides. (2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am. (3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a residential district or existing residential use, the required side or rear setback for the outdoor exercise facilities shall be sixty- five (65) feet from the residential or residentially -zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area. The proposed plan is in compliance with criterion number 1 above. The applicant is proposing a 6 foot high chain -link fence with 6 foot high stockade facing. The proposed plan shall be regulated with respect to criterion number 2 above. Criterion number 3 above is not applicable as the proposed property is more than 50 feet from the boundary of a residential district or existing residential use. DECISION ,p Motion by &8 Z, W seconded by 6G� � r\ L� to approve Site Plan Applicatio #SP-10-12 of Tammy Schey subject to the foll wing 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. Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am. 4. The entire exercise area shall be sufficiently screened with opaque fencing. 5. 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. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the space as a pet day care. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —o/nay/abstain/not present r---- _ Matthew Birmingham — yea/nay/abstain not present John Dinklage — e /nay/abstain/not present Roger Farley ye nay/abstain/not present 4 I:\Development Review Board\Findings_Decisions\2010\Schey_SP1012_ffd.doc #SP-10-12 Eric Knudsen ye nay/abstain/not present Gayle Quimb — e ay/abstain/not present Bill Stuono yea ay/abstain/not present Motion carried by a vote of %�- d -% Signed this day of oL 2010, by John Diriklage, 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). 5 I:\Development Review Boa rd\Findings Decisions\2010\Schey_SP1012_ffd.doc