HomeMy WebLinkAboutSP-06-44 - Decision - 0003 Green Tree Drive#S P-06-44
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOE & LINDA BACIGALUPO - 3 GREEN TREE DRIVE
SITE PLAN APPLICATION #SP-06-44
FINDINGS OF FACT AND DECISION
Joe and Linda Bacigalupo, hereafter referred to as the applicants, are seeking to amend
a previously approved plan for a 24,000 sq. ft. light manufacturing facility. The
amendment consists of a 7900 sq. ft. addition for light manufacturing use, 3 Green Tree
Drive. The Development Review Board held a public hearing September 19, 2006. Jeff
Olesky 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 applicants are seeking to amend a previously approved plan for a 24,000 sq.
ft. light manufacturing facility. The amendment consists of a 7900 sq. ft. addition
for light manufacturing use, 3 Green Tree Drive.
2. The proposed project is for the construction of a 7,900 square foot addition to an
existing building. This addition was originally approved on April 14,1998 as part of
a phased development of the overall project; however the approval has since
expired and the applicant must appear for review.
3. The owners of record of the subject property are Joe & Linda Bacigalupo.
4. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
5. The plans submitted consist of a six (6) page set of plans, page one (1) entitled,
"Proposed Conditions Site Plan", prepared by Civil Engineering Associates, Inc.,
dated June, 2006.
- 1 -
#S P-06-44
Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
IC Zonin District=l
Required
Proposed
Min. Lot Size
40,000 SF
7,500 SF
�l Max. Building Coverage
40%
29.9%
�l Max. Overall Coverage
70%
52.5%
Max. Front Yard Coverage
30%
30%
Min. Front Setback
30'
>30'
�l Min. Side Setback
10'
15'
Min. Rear Setback
30'
>30 '
zoning compliance
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations (SBLDR) 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 plan has been designed to accomplish a desirable transition from structure to site
or from structure to structure. Planting areas and pedestrian movement patterns are
sufficient.
Pursuant to Table 13-2 of the South Burlington Land Development Regulations, and based
upon the square footage of the property and the number of employees, the existing building
and the proposed addition will require 46 parking spaces. The applicant is proposing to
provide 35 parking spaces, a shortfall of 11 spaces or 23.9%.
Furthermore, per Table 13-7 of the South Burlington Land Development Regulations, the
site shall contain two (2) handicapped accessible parking spaces. The plans currently
depict two. However, the parking space located to the front of the building does not meet
the requirement that a 5 foot access aisle be located adjacent to each handicapped
accessible parking space. The plans shall be revised to show a minimum 5 foot access
aisle adjacent to the handicapped space and in compliance with Section 13.01 (1) of the
South Burlington Land Development Regulations.
The plans depict an existing bicycle rack on the property pursuant to Section 13.01(G)(5) of
the Land Development Regulations.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Most of the existing parking area on the subject property is located to the side of the subject
building. There are three spaces located in the front of the building, including one
-2-
#S P-06-44
handicapped space. These are currently marked as visitor spaces. At this time, it is not
necessary to move or remove these spaces as they exist, are minimal, and are well
shielded by existing landscaping.
(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 expansion is proposed to be one story in height, 21'8". This is the same height as the
existing building and is well within the limitations of the South Burlington Land Development
Regulations.
(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.
The proposed project does not involve any buildings of different architectural styles, so this
criterion is not applicable.
(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.
The proposed addition relates harmoniously to the existing buildings in the area.
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 require any additional access easements as part of the proposed
project.
(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.
-3-
#S P-06-44
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 to expand the existing dumpster enclosure to allow for additional
outdoor trash storage. This will require the relocation of one tree. This is acceptable.
(d) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the original project required
a minimum of $18,346 of landscaping. This included the expansion. The applicant
originally proposed $18,399 of landscaping.
Upon a visit to the site, staff discovered many problems with the landscaping. Many of the
plants that were shown on the original approved plans were missing. Several more are
either dead or dying.
The plans proposed by the applicant as part of this addition do not match the previously
approved plans or the existing landscaping on site.
The City Arborist has visited the site and concurs.
This is a major issue which requires correction. The applicant should submit a separate
landscaping plan which reflects the accurate and existing landscaping on site. It is likely
that the existing landscaping on site does not meet the minimum requirement for
landscaping. The applicant shall propose additional landscaping which shall bring the
project into compliance with the original landscaping budget in today's dollars.
Dead or dying trees or shrubs shall be replaced and the landscaping plan and budget shall
be brought into compliance to the satisfaction of the City Arborist and Planning Staff.
As the landscaping plan is to be revised per the instructions above, the site plan should be
revised to remove the landscaping and resubmitted.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict
snow storage areas that will minimize the potential for run-off.
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 submitted exterior lighting details and cut sheets
which are in compliance with Appendix D of the Land Development Regulations.
-4-
#S P-06-44
Traffic
According to the ITE, 7th Edition (Land Use 931), the proposed 7,900 square foot
addition will increase traffic on the subject property by 5.85 PM. peak -hour vtes, for a
total of 23.6 P.M. peak -hour vtes. The applicant should pay traffic impact fees for the
vehicle trip ends generated by the building expansion.
Other
The City Engineer reviewed the plans and has stated that there are no problems with
respect to the engineering presented.
The property's address is listed on the sign as "55 Green Tree Drive." The correct street
address is "3 Green Tree Drive." The sign should be changed to reflect the correct street
address prior to issuance of a Certificate of Occupancy for the addition.
A neighbor of the site has contacted staff regarding the noise from the property in the
very early hours of the morning. The Board suggests, as a mitigation measure, that trash
pickups from the site be limited in time. A condition on the neighboring property is that
no dumpster pickups shall occur between 10:00 PM and 7:00 AM.
DECISION Motion by GA�C seconded by &Tw PZ U A 6 to
approve Site Plan Application #SP-06-44 of Joe & Linda Bacigalupo, 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 applicants
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 South Burlington 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 an access aisle adjacent to the handicapped
parking spaces at a minimum width of five (5) feet.
b) The site plan shall be revised to remove all landscaping.
c) Pursuant to Sections 13.06(F) and 13.06(G) of the Land Development Regulations,
the applicant shall submit a revised landscaping plan and landscaping budget
prepared by a landscaping professional. If necessary, additional landscaping shall
be planted so as to meet the original landscaping amount in today's dollars. Dead
or drying trees and shrubs shall be replaced. The landscaping plan and budget
shall be brought into compliance to the satisfaction of the City Arborist and the
Planning Staff prior to issuance of a zoning permit.
-5-
#S P-06-44
4) The Development Review Board grants a parking waiver of eleven (11) spaces or
23.9% for a total of 35 spaces.
5) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
6) All outside trash storage shall be adequately enclosed and screened.
7) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the addition will
generate 5.85 additional vehicle trip ends during the P.M. peak hour. The road
impact fee shall be paid prior to permit issuance.
8) The sign at the property shall be changed to reflect the correct street address of 3
Green Tree Drive prior to issuance of a Certificate of Occupancy for the addition.
9) No trash pickup shall occur between the hours of 10:00 PM and 7:00 AM.
10) Any new exterior lighting shall consist of downcasting shielded fixtures. Any change
to proposed lights shall require approval of the Administrative Officer prior to
installation.
11) 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.
12) The applicant shall obtain Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new addition.
13) Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —. iednay/abstain/not present
Matthew Birmingh
— yea/nay/abstain/not present
John Dinklage — e
nay/abstain/not present
Roger Farley —
present
'ekay/abstain/not
Eric Knudsen —ay/abstain/not
present
Peter Plumeau —nay/abstain/not
present
Gayle Quimby —ay/abstain/not
present
Motion carried by a vote of - -
Signed this day of 2006, by
John Ilin lage, Chair
#SP-06-44
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).
7-