HomeMy WebLinkAboutCU-02-29 - Decision - 0012 Gregory DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
MULTIPLE USES -12 GREGORY DRIVE
SITE PLAN #SP-02-64 & CONDITIONAL USE #CU-02-29
FINDINGS OF FACT, CONCLUSIONS & DECISION
Ken Desmond, hereafter referred to as the applicant, is requesting approval for
amending a previously approved site plan to add 10 permitted uses as possible uses
within the 17,400 sq. ft. building at 12 Gregory Drive. In addition, the applicant is
requesting conditional use approval to add 6 conditional uses as possible uses within the
building on the site. The South Burlington Development Review Board (DRB) held a
public hearing on February 4, 2003.
Based on testimony given at the above mentioned public hearing and on the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes and decides as follows:
FINDINGS OF FACT
The applicant is requesting site plan approval to add 10 permitted uses as
possible uses within the 17,400 sq. ft. building and conditional use approval to
add 6 conditional uses as possible uses within the multi -tenant building at 12
Gregory Drive. Specifically, the applicant requests an umbrella permit to allow
the following permitted and conditional uses:
Permitted Uses.
15.101 General office
15.102 Medical office
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
15.113 Artist production studios
15.114 Radio and television studios
15.115 Accessory uses to the permitted uses listed above.
Conditional Uses.
15.204 Rental of equipment and miscellaneous items
15.208 Indoor and outdoor recreational facilities
15.209 Educational facilities
15.210 Retail businesses (no shopping centers, supermarkets,
department stores, or discount stores)
15.216 Federal, State and municipal facilities
15.221 Equipment service and repair shops that include retail
15.230 Accessory uses to the conditional uses listed above.
2. Green Tree Park, Inc. received Site Plan approval from the South Burlington
Planning Commission on August 6, 1998, for the construction of the existing
structure for multiple tenant warehouse use.
FINDINGS OF FACT, CONCLUSIONS & DECISION
12 GREGORY DRIVE - #SP-02-64 & #CU-02-29
3. On February 5, 1999, the Director of Planning and Zoning approved the request
of Green Tree Park, Inc., to add (a) research and testing laboratories and (b)
printing, bookbinding, publishing and engraving uses within the structure.
4. D2, LLC, is the record owner of the property (warranty deed in Volume 436, Page
191 of the city land records). The property is identified as Tax Parcel 0740 00012
C.
5. The subject property contains 78,844 sq. ft. and is located in the Mixed Industrial
and Commercial (IC) District.
CONCLUSIONS
SITE PLAN REVIEW STANDARDS
Pursuant to Section 26.102 of the zoning regulations, the DRB may consider the
following in its review of a site plan application:
(a) Pedestrian and vehicular access.
Pedestrian and vehicular access to the site will remain unchanged.
(b) Circulation.
2. No changes to the existing traffic circulation patterns are proposed.
(c) Parking.
3. The Site Plan shows 48 existing parking spaces, including 4 reserved
handicapped parking spaces. A bike rack is shown on the approved site plan, but
no bike rack is present in the approved location.
(d) Landscaping, screening and outdoor lighting.
4. No changes to the landscaping plan are proposed; however, the 18 Youngstown
Juniper shrubs shown on the west side of the structure on the previously
approved site plan are not present.
5. There are two dumpsters on the subject property, one of which is not screened
with fencing, and neither of which is in the previously approved dumpster
location.
6. The 2 pole mounted lights approved along the easterly side of the parking lot are
not located where they were previously approved.
(e) Other
7. The August 6, 1998 site plan approval by the Planning Commission allowed
12.88 vehicle trip ends during the PM peak hour. The applicant has not
requested an increase in allowed traffic generation from the site.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
12 GREGORY DRIVE - #SP-02-64 & #CU-02-29
CONDITIONAL USE CRITERIA
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
8. No changes in traffic generation, lot coverage, or gross floor area of the existing
building are proposed. In addition, no residential uses are proposed.
Consequently, the proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
9. No changes in traffic generation, lot coverage, or gross floor area are proposed.
Consequently, the proposal will not adversely affect the character of the area or
the ability to develop adjacent properties.
(c) Traffic on roads and highways in the vicinity.
10. No changes in traffic generation are proposed.
(d) Bylaws in effect
11. The proposed changes are in keeping with current regulations.
(e) Utilization of renewable energy resources.
12. No changes are proposed that would affect renewable energy resources.
(f) General public health and welfare
13. The proposed uses will not have an adverse affect on general public welfare.
DECISION
MOTION by Gayle Quimby, seconded by Chuck Bolton, to approve site plan application
#SP 02-64, subject to the following conditions:
1. All previous approvals shall remain in full force and effect except as amended
herein.
2. This approval will allow the following uses, which are currently allowed within the IC
District:
a. Permitted uses: general office; medical office; light manufacturing;
research and testing laboratories; printing, bookbinding, publishing and
engraving; wholesale establishments, warehousing, storage and
distribution facilities; artist production studios; radio and television studios;
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FINDINGS OF FACT, CONCLUSIONS & DECISION
12 GREGORY DRIVE - #SP-02-64 & #CU-02-29
and accessory uses to these permitted uses.
b. Conditional uses: rental of equipment and miscellaneous items; indoor
and outdoor recreational facilities; educational facilities; retail businesses
(except shopping centers, supermarkets, department stores, and discount
stores); federal, state and municipal facilities; equipment service and
repair shops that include retail; and uses accessory to these conditional
uses.
3. No change of use shall require more than 48 parking spaces on the subject
property, or cause there to be more than 12.88 vehicle trip ends generated from the
subject property during the PM peak hour as estimated from ITE data.
4. The applicant shall obtain approval from the Director of Planning and Zoning
prior to the change of any tenant on the subject property. The Director shall
approve the proposed new tenant only if the proposed use fits within the
limitations established by this decision. In making such a determination, the
Director shall apply the parking standards as set forth in the South Burlington
Zoning Regulations and trip generation rates provided by the Institute of
Transportation Engineers. If the proposed use does not clearly fit within the
parameters of this decision, or if a shared parking concept is proposed to meet
the parking limit imposed by this decision, the applicant must obtain the approval
of the DRB for the proposed use.
5. The applicant shall obtain a zoning permit within six months of this decision
pursuant to Section 27.302 of the South Burlington Zoning Regulations.
6. Prior to the issuance of a zoning permit, the applicant must complete the following:
a. The applicant shall provide a bike rack as depicted on the site plan
b. The applicant must show that all dumpsters are in approved locations and
screened with appropriate fencing.
C. The applicant must submit 3 copies of as -built drawings showing the actual
location of outdoor lighting fixtures.
d. The applicant must demonstrate compliance with the approved landscaping
plan.
7. Prior to occupation of any area for which use has been changed, the applicant shall
obtain a certificate of occupancy/compliance from the Administrative Officer.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
12 GREGORY DRIVE - #SP-02-64 & #CU-02-29
Chuck Bolton —yea/nay/abstain
John Dinklage —yea/nay/abstain
Roger Farley—yea/nay/abstain
Larry Kupferman —yea/nay/abstain
Gayle Quimby —yea/nay/abstain
MOTION CARRIED by a vote of 5-0-0.
Signed this day of ti 2003, by
i ohn Dinklage, Chair
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