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HomeMy WebLinkAboutCU-05-15 SP-05-53 - Decision - 0085 Green Mountain DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING NPIRE — 85 GREEN MOUNTAIN DRIVE CONDITIONAL USE APPLICATION #CU-05-15 SITE PLAN APPLICATION #SP-05-53 FINDINGS OF FACT AND DECISION NPIRE, hereinafter referred to as the applicant is seeking site plan and conditional use approval to amend a previously approved plan for an 8700 sq. ft. building with 4400 sq. ft. for warehouse use and 4300 sq. ft. for general office use. The amendment consists of designating a portion of the parking area for use as a commercial parking facility for a maximum of 26 vehicles, 85 Green Mountain Drive. The Development Review Board held a public hearing on December 6, 2005. Eric Hart represented the applicant 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 1. The applicant is seeking site plan and conditional use approval to amend a previously approved plan for an 8700 sq. ft. building with 4400 sq. ft. for warehouse use and 4300 sq. ft. for general office use. The amendment consists of designating a portion of the parking area for use as a commercial parking facility for a maximum of 26 vehicles, 85 Green Mountain Drive. 2. The applicant has been using the property as proposed without the necessary approval and permit. This application is to correct the violation. 3. The owner of record of the subject property is NPIRE. 4. The subject property is located in the Commercial 2 (C2) Zoning District. 5. The plan submitted is entitled, "NPIRE 85 Green Mountain Drive South Burlington, VT.", prepared by Trudell Consulting Engineers, dated 10/23/98, with a stamped received date of 11/1/05. - 1 - Zoning and Dimensional Standards Table 1. Dimensional Reauirements Commercial 2 Zoning District Required Proposed Min. Lot Size 20,000 SF 48,350 Max. Building Coverage 40% 15.1 % Max. Overall Coverage 70% 58.7% �l Min. Front Setback 30 ft 69 ft. �l Min. Side Setback loft > 27 ft. �l Min. Rear Setback 30 ft 30 ft. r1Max Front Yard Coverage 30% 32% 4 zoning compliance rX pre-existing non-compliance CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the followina 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 project 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 project is consistent with the stated purpose of the Commercial 2 District which is, "to encourage general commercial activity". 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 project will not adversely affect municipal services or educational facilities. 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 project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. -2- c) Traffic on roads and highways in the vicinity. Access to the property is via a 41 foot wide curb cut off Green Mountain Drive. The Board requires that the curb cut be reduced in width to the 36' width maximum. The proposed use will generate little traffic, as it is only being used by a private motor sales company. There will be no members from the general public visiting the site. d) Bylaws in effect. The proposed project is in keeping with applicable regulations. e) Utilization of renewable energy resources. The proposed project will not affect renewable energy resources. 0 General public health and welfare. The proposed project will not have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (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 proposed project is in compliance with this criterion. The current uses require 17 parking spaces on the site. The plan notes that there are a total of 26 parking spaces located on the property. Eight (8) of these parking spaces will become unusable as they will be used for vehicle storage, leaving 18 parking spaces left to be used by building employees & customers. The plan shows two (2) spaces located immediately north of the building which are not striped. Pursuant to Section 13.01(G)(5) a bicycle rack must be provided on the property for use by employees, customers, and the general public. The plan depicts a bicycle rack. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located on the front and side of the building. The area proposed for commercial parking is the parking area on the north side of the building. (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. WE There are no building changes associated with this application. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 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. This requirement is being met. There is landscaping along the front of the property that will help screen the view of the stored vehicles from the public right — of — way. (f) 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. This requirement is being met. (g) 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 require any additional access easements as part of the proposed project. (h) 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. (i) 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). An enclosed dumpster location is noted on the plan. Q) Landscaping and Screening Requirements Pursuant to Section 13.06(B)(5) of the Land Development Regulations, snow storage areas must be depicted on the plan. The plan does not note the location of snow storage area(s). If any new lighting is proposed, it must be in compliance with Section 13.07(A) of the Land Development Regulations which states that lighting shall be shielded and downcasting. Cut -sheets must be provided to the Administrative Officer for approval. WaNW107A Motion by Gayle Quimby, seconded by Roger Farley, to approve Conditional Use Application #CU-05-15 and Site Plan Application #SP-05-53 of NPIRE, 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 by this decision, 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 plan shall be submitted to the Administrative Officer prior to permit issuance. a) The plans shall be revised to reduce the width of the curb cut to the 36' maximum and eliminate the cul-de-sac lines. b) The plans shall be revised to delineate the location of the vehicle parking storage area and indicate that it is for a maximum of 26 vehicles. c) The plan shall be revised to show the location of the snow storage area(s). 4) The parking lot shall be striped to add the two (2) spaces to the north of the building as shown on the plan, prior to issuance of the Certificate of Occupancy. 5) If any new lighting is proposed, it must of the shielded and downcasting type, and cut -sheets must be provided to the Administrative Officer for approval, 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 parking area for storage. -5- 8) Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — yea/nay/abstain of resent Matthew Birmingham — yeaYnay/abstain/not present Chuck Bolton — S/�nay/abstain/not ay/abstain/not present John Dinklage —nay/abstain/not present Roger Farley — present Larry Kupferman -, e /nay/abstain/not present Gayle Quimby —(!ray/abstain/not present Motion carried by a vote of � - O - U Signed this ® day of 2) R-csa-�¢.--`. 2005, by A John Din lade, Chair 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).