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Home My WebLink AboutSP-12-31 - Decision - 0007 Green Tree Drive#SP-12-31 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GREEN MOUNTAIN DELTA HOLDINGS, LLC - 7 GREEN TREE DRIVE SITE PLAN APPLICATION #SP-12-31 FINDINGS OF FACT AND DECISION The applicant, Green Mountain Delta Holdings, LLC is seeking to amend a previously approved plan for 14,087 sq. ft. building approved for warehouse use. The amendment consists of approving a number of permitted uses under an "umbrella approval," 7 Green Tree Drive. The Development Review Board held a public hearing on August 21, 2012 and September 4, 2012. The applicant was represented by Jeff Nick. Based on the plans and 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 an umbrella approval for the following uses: Agriculture & construction equipment sales, service & rental; Processing & storage; Distribution and related Storage, with >15% of GFA in office or principal permitted use by same tenant; Equipment service, repair & rental; Transportation Services; Light manufacturing; Warehousing, processing, storage & distribution; Recreation facility, indoor; Office, general; Research facility or Laboratory; Printing & binding production facilities; Radio & Television Studio; Pet Grooming. 7 Green Tree Drive. 2. The owner of record of the subject property is Green Mountain Delta Holdings, LLC. 3. The subject property is located in the Mixed Industrial & Commercial Zoning District. 4. The application was received on June 8, 2012. 5. The plan submitted is entitled, "Lot 6, Green Tree Park, South Burlington, Vermont", prepared by Trudell Consulting Engineers, dated August 16, 1988, and last revised on 5/3/90. ZONING & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements Requirement Pro osed � Min. Lot Size 40,000 SF 81,022 SF Max. Building Coverage 40% 17% Max. Overall Coverage 70% 51 % Max. Front Yard Coverage 30% 28% Min. Front Setback 30 ft. -65 ft. -1 CAUsers\Mark\Documents\South Burlington DRB\9.4.12 Meeting Decisions\SP_12_31_7GreenTreeDrive_ffd.doc #SP-12-31 Min. Side Setback 10 ft. 50 ft. Min. Rear Setback 30 ft. -58 ft. Max. Building Height 35 ft. <35 ft. Zoning Compliance SITE PLAN APPLICATION SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: 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 are proposed other than adding various uses to the building. Other- Umbrella Approval The applicant is seeking an umbrella approval for the following uses: Agriculture & construction equipment sales, service & rental; Processing & storage; Distribution and related Storage, with >15% of GFA in office or principal permitted use by same tenant; Equipment service, repair & rental; Transportation Services; Light manufacturing; Warehousing, processing, storage & distribution; Recreation facility, indoor; Office, general; Research facility or Laboratory; Printing & binding production facilities; Radio & Television Studio; Pet Grooming. The Board finds no issues with the approval of these uses as of right on the subject property. There are 28 parking spaces provided on site. Trip Generation Staff and the applicant reviewed the history of the property following the July 17th Board meeting to determine what the pre-existing, approved maximum trips generation is for the property. The following information was determined: 6. The Planning Commission approved the building for office / warehouse use in August 1988. 7. The Administrative Officer issued a zoning permit to construct the building, as warehouse only, in July 1989. 8. The acting Administrate Officer issued a certificate of occupancy for the property for "mixed office / warehouse" in 2000. 9. The Administrative Officer issued a sign permit (not related to the Land Development Regulations) for "Villari's Self Defense" in January 2011. -2- CAUsers\Mark\Documents\South Burlington DRB\9.4.12 Meeting Decisions\SP_12_31_7GreenTreeDrive_ffd.doc #SP-12-31 Based on the original Planning Commission approval and subsequent Certificate of Occupancy issued in 2000, the Board determines that office and warehouse uses were each approved for the building. Using the applicant's warehouse/office breakdown for three (3) of the four (4) suites, and considering the "Valleri's Self Defense Space", which at some point in 1990s became a recreational use without a permit as simply warehouse, this results in a maximum trip generation figure of 10.0. The Board finds that should the current or future uses exceed 10.0 pm peak hour trip ends, the applicant will be responsible for seeking Board approval for such and paying any resulting road impact fees. As noted above, any changes proposed to category of use and resulting traffic shall be reviewed under the umbrella permit, and limited to the maximums set herein. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A) (6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: 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. There are no changes proposed to the height of the existing buildings. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes are proposed to utility services. 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. There are no changes proposed to the existing structures. 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. There are no changes proposed to the existing structures. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 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. -3— C:\Users\Mark\Documents\South Burlington DRB\9.4.12 Meeting Decisions\SP_12_31_7GreenTreeDrive_ffd.doc #SP-12-31 The Board does not find the reservation of any additional land is warranted as part of this application. 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. No changes are proposed. 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 plans show a proposed dumpster, adequately screened Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. There are no changes proposed to the existing landscaping. The plans depict adequate snow storage areas. Traffic As described above, the Board finds that existing uses are estimated to generate a total of 10.0 pm peak hour vehicle trip ends. Any changes in use shall not exceed 10.0 pm peak hour vehicle trip ends without returning to the Development Review Board for specific approval thereof. DECISION Motion by Bill Stuono, seconded by Tim Barritt, to approve Site Plan Application #SP-12-31 of Green Mountain Delta Holdings, LLC subject to the following stipulations: 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 plan and shall be 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 plans shall be submitted to the Administrative Officer prior to permit issuance. a. The site plan shall be revised to add the latest revision date of June 20, 2012 to the plans. -4— C1Users\Mark\Documents\South Burlington DRB\9.4.12 Meeting Decisions\SP_12_31_7GreenTreeD rive_ffd.doc #SP-12-31 4. The uses of the subject property shall be limited to the following: Agriculture & construction equipment sales, service & rental; Processing & storage; Distribution and related Storage, with >15% of GFA in office or principal permitted use by same tenant; Equipment service, repair & rental; Transportation Services; Light manufacturing; Warehousing, processing, storage & distribution; Recreation facility, indoor; Office, general; Research facility or Laboratory; Printing & binding production facilities; Radio & Television Studio; Pet Grooming. If the Land Development Regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall be no longer be approved. 5. This approval is conditioned on a current configuration of 28 parking spaces and a total of 10.0 pm peak hour vehicle trip ends. 6. The applicant shall obtain approval from the Administrative Officer prior to any change of any tenant in the building. The Administrative Officer shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in stipulation #5 above. In making his determination, the Administrative Officer shall utilize the parking standards contained in Tables 13-1 — 13.6 of the Land Development Regulations. 7. 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. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of any new use. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea/nay/abstain/not present Mark Behr — yea/nay/abstain/not present Roger Farley — ea nay/abstain/not present Art Klugo — yea/nay/abstain/not present Bill Miller — yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 7 — 0 — 0 -5— CAUsers\Mark\Documents\South Burlington DRB\9.4.12 Meeting Decisions\SP_12_31_7GreenTreeDrive_ffd.doc #SP-12-31 Signed this 101h day of September 2012, by Digitally signed by Mark C. Behr Mark C B e h r em cn=Mark C. Behr, o, ou, email=mark@rhbpc.com, c=US Date: 2012.09.10 08:06:38-04'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. SeeV.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.asgx for more information on filing requirements, deadlines, fees and mailing address. -6— C:\Users\Mark\Documents\South Burlington DRB\9.4.12 Meeting Decisions\SP_12_31_7GreenTreeD rive_ffd.doc