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Home My WebLink AboutSP-06-21 - Decision - 0009 Green Mountain Drive#S P-06-21 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT PARK - MDT PARTNERSHIP - 9 GREEN MOUNTAIN DRIVE SITE PLAN APPLICATION #SP-06-21 FINDINGS OF FACT AND DECISION Robert Park, hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for an 11,200 sq. ft. automotive repair and sales facility at 5 Green Mountain Drive and an 11,925 sq. ft. automotive repair building at 9 Green Mountain Drive. The amendment consists of converting 3150 sq. ft. of automotive repair use to retail use, 9 Green Mountain Drive. The Development Review Board held a public hearing on May 16, 2006. The applicant was present at the meeting. 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 The applicant is seeking site plan approval to amend a previously approved plan for an 11,200 sq. ft. automotive repair and sa►es facility at 5 Green Mountain Drive and an 11,925 sq. ft. automotive repair building at 9 Green Mountain Drive. The amendment consists of converting 3150 sq. ft. of automotive repair use to retail use, 9 Green Mountain Drive. 2. The owner of record of the subject property is MDT Partnership. 3. The subject property is located in the Commercial 2 (C2) Zoning District. 4. The plan submitted is entitled, "Proposed Addition & New Building Mark Hill Investments, Inc.", prepared by Forest/Teychmacher, Architects, dated 12/5/83, with a stamped received date of 4/13/06. O-RV3\ 1 0(0 - 1 - #S P-06-21 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements C2 Zoning District Required Proposed 4 Min. Lot Size 40,000 SF 90,000 SF Max. Building Coverage 40% 26% Max. Overall Coverage 70% 67% Max. Front Yard Coverage 30% 27% �l Min. Front Setback 30' >30 Min. Side Setback 101, >10' Min. Rear Setback 30' >30' �I Zoning compliance 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. However staff finds that this criterion is being met. Given the proposed use of 8775 square feet of auto repair and 3150 square feet of retail sales on the property, 34 spaces are required. The site plan depicts 24 spaces. However, the applicant has stated that the use of the retail sales will be an auction business whose operating hours will not be from 7-5 pm, Monday through Friday. The auction business will only operate after 6 pm on week days and various hours on the weekends. Because the auto repair businesses in the building will close before the auction business will open, the site will be utilizing shared parking. This is acceptable. There are enough spaces for each use independently (18 spaces for auto repair and 16 for retail sales). (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. However staff finds that this criterion is mostly being met. (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 at 35 feet. WA #S P-06-21 (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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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. 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. The Board does not suggest providing additional accesses. (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). There are existing dumpsters on the site that are adequately screened. -3- #S P-06-21 (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. No snow storage areas are shown on the plans. Lighting 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. DECISION Motion by k4L Qu1h16 ' , seconded by /t� to approve Site Plan Application SP-06-21 of Robert Park, 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, as amended herein, and on file in the South Burlington Department of Planning & 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 adequate snow storage areas. b) The plans shall be revised to remove all references to the formerly proposed new buildings, driveways, and parking areas. No new buildings, driveways, or parking areas are being considered as part of this proposal. c) The plans shall be revised to depict a bicycle rack in compliance with Section 13.01(G)(5) of the Land Development Regulations. 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. -4- #SP-06-21 5) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 6) Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — e�nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Chuck Bolton — iea/nay/abstain/nooresent John Dinklage — yea/nay/abstain not present Roger Farley — yea/nay/abstaintnot present Larry Kupferman — yea/nay/abs am/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of -%-_ Signed this day of ►"'tAV 2006, by Mark 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). -5-