HomeMy WebLinkAboutCU-01-15 SP-01-26 - Decision - 0005 Green Tree Drive#CU-01-15 #SP-01-26
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-0 l -15 and site plan application
#SP-01-26 of Chase Properties & Development to amend a previously approved site plan
for a 20,160 square foot warehouse and light manufacturing building. The amendment
consists of converting the building to multiple uses consisting of light manufacturing;
research and testing laboratories, printing, bookbinding, publishing and engraving;
wholesale establishments; and warehousing, storage and distribution facilities, 5 Green
Tree Drive.
On the 19th of June, 2001, the South Burlington Development Review Board approved
the conditional use application under Section 26.05 and site plan application under
Section 26.10 of the South Burlington Zoning Regulations of Chase Properties based on
the following findings:
This project consists of amending a previously approved site plan for a 20,160 square
foot warehouse and light manufacturing building. The amendment consists of
converting the building to multiple uses consisting of light manufacturing; research and
testing laboratories; printing, bookbinding, publishing and engraving; wholesale
establishments; and warehousing, storage and distribution facilities, 5 Green Tree
Drive.
2. The owner of record is Chase Properties.
The applicant is requesting to use the proposed building for a multiple number of
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 23 parking
spaces, would not generate more than 240 g.p.d. in sewer demand and would not
generate more than 13 PM 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
Development Review Board each time. When a use is to be changed, the applicant
would contact the Director of Planning & Zoning and she would review the existing
and proposed use to make certain that it does not exceed the upper limits approved by
the Board.
Permitted Uses:
15.103 Light Manufacturing
15.104 Research and testing laboratories
15.105 Printing, bookbinding, publishing and engraving
15.106 Wholesale establishments
15.107 Warehousing, storage, and distribution facilities
Site Plan Criteria:
4. Access/circulation: Access is to be provided via two curb cuts on Green Tree Drive.
The northern most curb cut will be 24 feet wide leading to a 13 foot access drive. The
southern curb cut will be 21 feet wide leading to a 13 feet wide access drive. The
access drive around the building will be designated as one-way. The northerly access
drive will be ingress only and the southerly access will be for egress only.
Circulation on the site is adequate.
5. Coverage/setbacks: The proposed building coverage will be 28.3 percent (30%
maximum). Overall lot coverage will be 69.6 percent (70% maximum). The
proposed front yard coverage will be 29 percent (30% maximum). All setbacks are
being met.
6. Landsc ping_ The minimum landscaping requirement, based on building costs, of
$11,500 is being met. Proposed plantings include red maples, white pines, white
spruce, and cedars.
7. Lighting: Cut sheets have been submitted. All lights must be downwardly shielded
and approved by the Director of Planning and Zoning. Proposed lighting consists of:
-five (5) 175-watt metal halide building mounted lights with cutoff fixture
-two (2) 100 watt metal halide round Bollard fixture with clean lens & louver
-two (2) 175-watt metal halide cutoff pole mounted fixtures 15 feet in height
8. Parkina: A total of 23 spaces including two handicapped spaces are provided. A bike
rack is also being proposed. No combination of uses would be allowed which
exceeds this limit without approval from the Development Review Board. Parking
should be prohibited on the south and north sides of the building for fire protection
safety.
9. Sewer: The sewer allocation requested for this development is 240 g.p.d. The applicant
will be required to pay the per gallon fee prior to permit issuance.
10. Traffic: The Board previously approved 13 additional P.M. peak hour vehicle trip
ends. The applicant shall pay the appropriate road impact fees prior to permit
issuance. No combination of uses will be allowed which exceed this limit without
approval from the Development Review Board.
11. Dumpsters: Two dumpsters are proposed along the western edge of the proposed
building. The applicant has indicated that due to the berm with evergreen screening
and the topography created by the retaining wall, that these dumpsters will not be
visible from the adjacent residences. Staff recommended a condition that the
dumpsters not be picked up between the hours of 10 PM midnight and 7:00 AM.
12. Other: Movement, loading, and unloading of tractor trailers and trucks should be
limited to 7 AM to IOPM.
13. Conditional Use Criteria:
The proposed uses comply with the stated purpose of the Mixed Industrial/Commercial
District to encourage "general industrial activity and office buildings".
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. The applicant should address the possibility of noise
and other impacts on the adjacent residential area. The board should consider limiting the
hours of operation.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact
traffic.
d) bylaws in effect. The proposal is in conformance with the zoning regulations.
e) utilization of renewable energy resources. There is no utilization of renewable energy
resources to be affected.
f) general public health and welfare. No adverse affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-01-15 and site plan application #SP-01-26 of
Chase Properties & Development to amend a previously approved site plan for a 20,160
square foot warehouse and light manufacturing building. The amendment consists of
converting the building to multiple uses consisting of: light manufacturing; research and
testing laboratories; printing, bookbinding, publishing and engraving; wholesale
establishments; and warehousing, storage and distribution facilities, 5 Green Tree Drive
as depicted on a three (3) page set of plan entitled, "Lot 5 Green Tree Park Green Tree
Drive South Burlington, Vermont," dated 5/8/00, last revised on 4/6/01 with the
following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This approval is for the following uses which are currently permitted in the Mixed
Industrial and Commercial District: light manufacturing; research and testing
laboratories; printing, bookbinding, publishing and engraving; wholesale
establishments; and warehousing, storage, and distribution facilities. 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 23 parking spaces, 240 g.p.d. sewer
allocation, and 13 P.M. peak hour vte's.
4. The applicant shall obtain approval from the Director of Planning & Zoning prior to
the change of any tenant in the building. The Director shall approve the proposed
new tenant only if the proposed combinations of uses fits within the limitations
established in stipulation #3 above. In making her decision, the Director shall utilize
the parking standards contained in Table 1 in 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 standards, or if a shared parking concept is proposed in
order to meet the parking limit, the applicant shall obtain approval from the
Development Review Board for the proposed use.
5. Parking shall be prohibited on the south and north sides of the building for fire
protection safety.
6. The Development Review Board approves a sewer allocation of 240 gpd. The
applicant shall pay the per gallon fee prior to permit issuance.
7. All new exterior lighting shall consist of downcasting shielded fixtures so as not to
cast light beyond the property line. Any change in lighting shall be approved by the
Director prior to installation. The Board shall retain the right to require changes to
the light fixtures mounted on the west side of the building if, in the opinion of the
Board, they create lighting problems for adjoining residential properties.
8. The applicant shall post an $11,500 landscape bond prior to issuance of a zoning
permit. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
9. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the building will
generate 13 vehicle trip ends during the P.M. peak hour.
10. The building shall be sprinklered with four (4) inch Startz FD Connection/alarm panel
with lock box on the exterior of the building.
11. The dumpsters shall not be emptied between the hours of 10 P.M. and 7 A.M.
4
12. Movement, loading, and unloading of tractor trailers and trucks shall be limited to 7
A.M. to 10 P.M.
13. Metal pipe shall not be used for drainage pipe.
14. The applicant shall comply with the requirements of the South Burlington Water
Department as outlined in a letter dated 5/4/01 from Jay Nadeau to Lamoureux and
Dickinson Consulting Engineers, Inc.
15. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
16. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the building.
17. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
d.�
Chair or Clerk
eM
South Burlington Development Review Board
21110101
Date
Please Note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the
date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of
remedy; finality).