HomeMy WebLinkAboutCU-01-12 SP-01-12 - Decision - 0006 Gregory Drive#CU-01-06 & #SP-01-12
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application #SP-01-12 and conditional use application #CU-01-06 of
Bruce Barry & David Warren to amend a previously approved site plan for a 6,000 square foot
building used for auto repair and service. The amendment consists of converting 3,000 square feet
of auto repair and service use to equipment service and repair shop use that includes retail, 6 Gregory
Drive.
On the 17th of April, 2001, the South Burlington Development Review Board approved the
conditional use application of Bruce Barry and David Warren under Section 26.05 and site plan of
Bruce Barry and David Warren under Section 26.10 of the South Burlington Zoning Regulations
based on the following findings:
1. This project consists of amending a previously approved site plan for a 6,000 square foot building
used for auto repair and service. The amendment consists of converting 3,000 square feet of auto
repair and service use to equipment service and repair shop use that includes retail, 6 Gregory Drive.
2. The owner of record is Bruce Barry.
3. Staff recently discovered that the property has already been converted to the use requested without
approval and without a zoning permit. Staff placed the property owner in violation. The tenant and
the owner were well aware that they could not change the use without an approval and a permit. It
will be at least a month before the use can legally be changed.
4. This property located at 6 Gregory Drive lies within the Mixed Industrial Commercial District. It is
bounded on the west by Gregory Drive, on the south by an auto dealership, on the east by an
undeveloped lot, and on the north by an auto accessory business.
5. Access: There are currently two ingress and egress curb cuts on the property from Gregory Drive.
The southern most point of access is 23 feet in width and leads to a 19 foot access drive. The
northern most access drive is 36 feet in width. This second point of access was previously approved
by the Planning Commission. No changes are proposed. Circulation on the site is adequate.
6. Coverage/setbacks: The building coverage is 6.8% (maximum 30%) and the total coverage is
25.36% (70% maximum). The total coverage after the display and parking is altered will be
increased to 30.69% (70% maximum). The site plan should be revised to note the correct coverage.
The front yard coverage is 9% (maximum 30%). Front yard coverage will remain 29.8% (30%
max). All setbacks are met.
7. Parking: A total of 26 spaces are required and 20 are being provided for a six space or 23%
shortfall. Section 26.256 of the Zoning Regulations permits the Board to waive up to 50% of the
required parking spaces. Staff recommends that a parking waiver be granted. Two handicapped
parking spaces are provided as required. A bike rack is illustrated on the plans. The plans must also
be revised to illustrate parking spaces that meet the standards set forth in the Zoning Regulations.
All parallel parking spaces must be at least 22 feet in length.
8. Lighting: All lighting must be downcasting and shielded. This includes existing lights mounted on
the building or on poles. Cut sheets for all existing and proposed lighting should be submitted for
approval by the Director of Planning and Zoning prior to permit issuance.
9. Dumpster: A new screened dumpster storage area is being provided to screen several unscreened
dumpsters.
10. Traffic: ITE estimates that the property currently generates 20.28 P.M. peak hour vehicle trip ends
(vtes). The proposed use is estimated to generate 12.12 P.M. peak hour vtes for an increase of 1.98
P.M. peak hour vtes. The applicant should expect to pay the associated traffic impact fee prior to
permit issuance.
11. Sewer: No additional allocation requested.
12. Outside Storage/Display- The applicant has identified on the plan several areas for merchandise
storage/display and storage of vehicles under repair.
13. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Mixed Industrial and Commercial District
in which "a range of individual commercial uses may be permitted in locations that will serve
adjacent areas and/or the traveling public and that will be mutually compatible with industrial
activity."
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. No adverse affect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic
adversely.
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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 site
planapplication #SP-01-12 and conditional use application #CU-01-06 ofBruce Barry & David Warren
to amend a previously approved site plan for a 6,000 square foot building used for auto repair and
service. The amendment consists of converting 3,000 square feet of auto repair and service use to
equipment service and repair shop use that includes retail, 6 Gregory Drive, as depicted on a plan entitled
"6 Gregory Drive South Burlington, VT" prepared by Paul Nestork, dated 6/2/94, with a stamped
received date of 3/26/01, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The plan shall be revised to show the changes below and shall require approval of the Director of
Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised plan shall be
submitted to the Director prior to permit issuance.
a) The plan shall be revised to illustrate all parking paces meeting the standards set forth in
the Zoning Regulations (i.e., parallel spaces 22 feet in length).
3. Any new exterior lighting shall consists of downcasting fixtures. Any change to approved lights shall
require approval of the Director prior to installation. Prior to permit issuance, the applicant shall submit
exterior lighting details (cut -sheets) for all proposed and existing lights to remain.
4. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the
Development Review Board estimates that the change in use will generate 1.98 additional vehicle trip
ends during the P.M. Peak hour.
5. Pursuant to Section 25.256(b) of the zoning regulations, the Development Review Board
approves a 6 space of 23% waiver for a total of 20 spaces approved.
6. 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.
7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to the use of the converted space.
8. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
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Chair or Clerk D ate
South Burlington Development Review Board
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).
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