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HomeMy WebLinkAboutSP-94-0000 - Decision - 0002 Green Tree DriveFINDINGS OF FACT & DECISION c STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Jeff Nick to construct a 5,850 square foot commercial/industrial mixed use building, 2 Green Tree Drive. On the 23rd of August, 1994 the South Burlington Planning Commission approved the request of Jeff Nick for site plan review under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of the construction of a 5,850 square foot commercial/industrial mixed use building for two (2) tenants. One of the tenants would be Orkin Pest Control who would occupy 2,775 square feet for their office. The remaining 3,075 square feet does not have a prospective tenant. 2. This property located at 2 Green Tree Drive lies within the I-C District. It is bounded on the north by a vacant lot, on the east by an industrial building, on the west by Green Tree Drive and on the south by Gregory Drive. 3. The applicant is requesting to use the proposed building for two (2) tenants for any of the permitted uses listed below. This request is being made with the provision that all the uses in the building would not require more than 33 parking spaces, would not generate more that 600 gpd in sewer demand and would not generate more than 26 p.m. peak hour trip ends. The reason for this type of request is so that the applicant can have the flexibility of changing tenants whose uses fall within the approved sewer, traffic and parking limits without having to return to the Planning Commission each time. When a use is to be changed, the applicant would contact the City Planner and he would review the existing and proposed use to make certain that it does not exceed the upper limits approved by the Planning Commission. The multiple tenancy building at 10 Farrell Street was approved in this manner. 4. The following is an example of how this would work: Use Orkin Office Equip. Service and Repair Sq. Ft. Parking Req'd Sewer Req'd PM Peak Trips 2,775 11 270 14.3 3,075 10 5,850 21 180 11.4 450 25.7 5. The permitted uses in the I-C District being requested are as follows: 13.101 Business Offices 13.102 Light manufacturing 13.103 Research and testing laboratories 13.104 Printing, bookbinding, publishing and engraving 13.105 Wholesale establishments 13.106 Storage and distribution facilities 13.109 Equipment service and repair shops not including retail 13.111 Warehousing 6. Access/Circulation: Two (2) 24 foot wide curb cuts are proposed, one on Green Tree Drive and one on Gregory Drive. Section 19.103 of the zoning regulations states that "unless specifically approved by the Planning Commission there shall be one driveway per lot." The Commission needs to determine whether to grant approval for two (2) curb cuts. Circulation is adequate. 7. Parking: A total of 33 parking spaces are available including two (2) handicapped spaces. The two (2) uses which would require the greatest amount of parking would need 24 spaces. 8. Landscaping: The minimum landscaping requirement, based on building costs, is $6,500 which is being met. Plantings will include yew, juniper spruce, pine and crabapple. The landscaping schedule should include the size of all proposed plants. 9. Traffic: The applicant will be required to contribute to the Williston Road Traffic Impact Fund - Area 2 based on the estimated traffic generated by the uses chosen to occupy the building. This contribution should be made prior to the issuance of the zoning/building permit and whenever the use changes which increases the p.m. peak hour trip ends. The amount of the contribution should be calculated by the City Planner. The two (2) uses being requested which would generate the greatest number of trip ends would generate 25.7 trip ends during p.m. peak hour. 10. Sewer: The applicant is requesting a sewer allocation of 600 gpd. The per gallon fee will have to be paid prior to issuance of a zoning/building permit and whenever the use changes which increases the allocation needed up to a maximum of 600 gpd. 11. Coverage/Setbacks: Building coverage is 12.1% (maximum allowed is 30%). Overall coverage is 52.5% (maximum allowed is 70%). Front yard coverage along Gregory Drive is 15.7 % and front yard coverage along Green Tree Drive is 31.4% (maximum allowed is 30%). Plan should be revised to reduce front yard coverage along Green Tree Drive to meet the 30% requirement. Setback requirements will be met. Rel 12. Sidewalk: Sidewalks currently exists along both Gregory Drive and Green Tree Drive. No additional sidewalks required. 13. Lighting: Exterior lighting will consist of four (4) 150 watt wall mounted high pressure sodium lamps with cut-off luminaries. 14. Other: - Dumpster area should be screened and so noted on the plan - 20 foot sewer easement along northerly boundary should be shown - The setback along the easterly boundary is 15 feet not 30 feet as shown - unless both tenants have the same use, a conditional use permit from the Zoning Board of Adjustment will be needed for multiple use. - plan should be revised to show a manhole at the bend in the proposed storm drain. DECISION & CONDITIONS Based on the above Findings of Fact, the the South Burlington Planning Commission approves the site plan application of Jeff Nick to construct a 5,850 square foot commercial/industrial mixed use building, 2 Green Tree Drive, as depicted on plan entitled "Betkel Industrial Development Corp - Albany, N.Y.," with a stamped "received" date of 8/11/94, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by the approval shall remain in effect. 2. This approval is for the following uses which are currently permitted in the Industrial and Commercial District: business offices (not including medical office); light manufacturing; research and testing laboratories; printing, bookbinding, publishing and engraving; wholesale establishments; storage and distribution facilities; equipment service and repair shops not including retail; and warehousing. If the zoning regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall no longer be approved. 3. This approval is conditioned on a maximum of 33 parking spaces, 600 gpd sewer allocation and 26 p.m. peak hour trip ends. 4. The applicant shall obtain approval from the City Planner prior to the change of any tenant in the building. The City Planner shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #3 above. In making his determination, the City Planner shall utilize the parking standards contained in Table I of 3 the zoning regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources. If a use is proposed which does not fit clearly within any of these parameters, or if a shared parking concept is proposed in order to meet the parking limit, the applicant shall obtain approval from the Planning Commission for the proposed use. 5. A $6,500 landscape bond shall be posted prior to issuance of a zoning/building permit to cover the cost of the new landscaping. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 6. The plan shall be revised prior to issuance of a zoning/building permit to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a. The plan shall be revised to include the size of all proposed plants. b. The plan shall be revised to reduce front yard coverage along Green Tree Drive to meet the 30% coverage limitation. C. The plan shall be revised to indicate that the setback along the easterly boundary is 15 feet not 30 feet. d. The plan shall be revised to show the 20 foot sewer easement along the northerly boundary. e. The plan shall be revised to show a manhole at the bend in the proposed storm drain. B. All exterior lighting shall be downcasting and shielded and shall not cast light beyond the property line. Any change in existing lighting or new lighting shall be approved by the City Planner prior to installation. 9. Given the nature of the street, the Planning Commission, pursuant to Section 19.103 of the zoning regulations, approves two (2) 24 foot wide curb cuts for the lot. It is the Commission's opinion that the additional curb cut will better facilitate traffic circulation on the site in the event a tenant for the 3,075 square foot space requires a truck loading/unloading area. If a tenant is chosen for this space which does not require a truck loading/unloading area, the applicant shall return to the Planning Commission for review of the multiple curb cut issue. 10. The applicant shall be required to contribute to the Williston Road Area 2 Improvement Fund based on the p.m. peak hour trip ends 4 estimated to be generated by the uses chosen to occupy the building. This contribution shall be made prior to the issuance of a zoning/building permit for the building and whenever the use changes which increases the p.m. peak hour trip ends. The amount of the contribution shall be determined by the City Planner utilizing the formula in the Williston Road Traffic Impact Policy. 11. The applicant shall be required to pay the per gallon sewer fee prior to issuance of a zoning/building permit and whenever the use changes which increases the allocation. The amount of allocation needed shall be determined by the City Planner. 12. The applicant shall obtain a conditional use permit for the multiple use of the building. 13. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 14. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the building. 15. Any physical changes to the plan shall require the approval of the Planning Commission. 16. The applicant shall be responsible for installing "Exit Only" signs at the Gregory Drive access. This shall be so noted on the revised plan. Chairr'man or' Clerk South Burlington Planning Commission Date 5