HomeMy WebLinkAboutSP-07-59 - Decision - 0019 Gregory Drive#SP-07-59
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
R.E.M. DEVELOPMENT COMPANY, LLC
SITE PLAN APPLICATION #SP-07-59
FINDINGS OF FACT AND DECISION
R.E.M. Development Co., LLC, hereafter referred to as the applicant, is seeking site plan
approval to amend a previously approved plan for a 27,500 sq. ft. general
office/manufacturing building. The amendment consists of: 1) converting the entire
existing building to general office use, and 2) constructing a 19,500 sq. ft. GFA addition
for general office use, 19 Gregory Drive.
The Development Review Board held a public hearing on September 4, 2007. Andy
Rowe 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 applicant is seeking site plan approval to amend a previously approved plan for a
27,500 sq. ft. general office/manufacturing building. The amendment consists of: 1)
converting the entire existing building to general office use, and 2) constructing a 19,500
sq. ft. GFA addition for general office use, 19 Gregory Drive.
2. The owner of record of the subject property is R.E.M. Development, LLC.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The plan submitted consists of a six (6) page set of plans, page one (1) entitled "19
Gregory Drive R.E.M. Development Company, LLC Lot 2- Green Tree Park South
Burlington, VT Site Plan Landscaping and Lighting," prepared by Lamoureux and
Dickinson Consulting Engineers, dated 7/31/07 last revised on 9/4/07.
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Zoning District & Dimensional Requirements:
IC Zoning District
Required
Proposed
Min. Lot Size
40,000 S.F.
3.76 acres
Max. Building Coverage
40%
15%
�l Max. Overall Coverage
70%
52.9%
_
Max. Front Yard Coverage (Gregory Drive
30%
15.7%
�l Min. Front Setback (Gregory Drive Road)
30 ft
>200 ft
�l Max. Front Yard Coverage (Shunpike Road
30%
29.4%
�l Min. Front Setback (Shunpike Road)
65 ft
65 ft
�l Min. Side Setback
10 ft./65 ft#
>65 ft.
Min. Rear Setback
30 ft.
NA- thru lot
Max. Building Height
40 ft.
25 ft.
�l Zoning Compliance
The subject property is located within the Mixed Industrial/Commercial Zoning District
and as such shall be subject to Section 3.06(I) of the South Burlington Land
Development Regulations, where a new non-residential use is adjacent to or within fifty
(50) feet of the boundary of a residential district. In such a case, the required side or rear
setback shall be increased to sixty-five (65) feet. A strip not less than fifteen (15) feet
wide within the sixty-five foot setback shall be landscaped with dense evergreens,
fencing, and/or other plantings as a screen.
The proposed new addition is located 65 feet from the property boundaries to the north
and west, which follow the residential/ commercial zoning boundaries. This meets the
setback requirement. The proposed pavement is located exactly fifteen (15) feet from
the property boundary. This meets the setback requirement.
The Board finds that the proposed landscaping meets the intent or specifications of
Section 3.06(I) with respect to requirement for densely planted evergreens. There is an
existing row of densely planted and mature arborvitae. The applicant has submitted
photos of this hedgerow.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations 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.
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There are no changes to the accessibility or transition between structures as a result of this
proposal. The current building is accessed via a 24 foot access drive. This is an acceptable
width. No changes to the access are needed.
Based on 47,000 square feet of general office use, the site requires 165 parking spaces.
The site plan includes parking for 164 vehicles. Therefore, the applicant is requesting a
parking waiver of 1 space, or 0.6%.
Six handicapped parking spaces are required; six are provided.
All parking spaces, including handicapped accessible spaces, meet dimensional and aisle
requirements.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
This lot has frontage on two public roads and is thus considered a through lot with two front
yards, and two side yards. There are no rear yards.
Parking is proposed to be located to the side of the building, with some existing parking in
the front yard along Gregory Drive. Given the existing nature of this parking, and the
commercial nature of the Gregory Drive side of the property, the Board finds this
conformance with this criterion.
(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 height of the building is proposed to be 25 feet, with the relocated HVAC unit to be 7
feet higher, for a total height of 32 feet. This is below the maximum height of 35 feet for a
flat roof. No height waivers are requested or needed.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
The South Burlington Water Department has reviewed the plans and provided comments in
a letter dated August 23, 2007. There will be minimal impact on the water lines.
The applicant has also requested wastewater allocation for the increased number of
employees. No decision on this application is available at this time.
(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 applicant has submitted acceptable architectural details. The proposed addition will be
constructed of the same materials as the existing building.
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(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 applicant has submitted acceptable architectural details. The proposed addition will be
constructed of the same materials as the existing building.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Requlations:
(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.
There are no appropriate opportunities for connecting access to surrounding properties with
vehicular access. However, the applicant is proposing a pedestrian connection, via a five
foot wide sidewalk, at the southwest corner of the lot, near Shunpike Road, to
approximately connect to a sidewalk which exists along the first lot on the western side of
Shunpike Road. This path to Shunpike from the subject lot would allow pedestrians safer,
easier access to Kimball Ave.
(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.
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 plans shows proposed dumpsters are adequately screened. In response to staff
concerns about their proximity to the residential property to the north, the applicant has
relocated them further to the east and nearer to the abutting commercial property. Still, the
DRB has been consistent in regulating the hours of trash removal on other properties along
this district boundary, on Gregory Drive and Green Tree Drive. The hours of trash pickup
should be limited to the hours between 7:00 AM and 10:00 PM.
(d) Landscaping and Screening Requirements
Based on submitted building costs of $1,700,000, the minimum landscaping budget should
be $24,500. The applicant is proposing $31,490 in new landscaping. This meets the
minimum budget.
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The City Arborist is reviewing the plans and should have comments prior to the hearing.
The applicant should adhere to these stipulations.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall
depict snow storage areas that will minimize the potential for run-off. Adequate snow
storage areas are shown on the plans.
A bicycle rack is depicted on the plans.
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 lighting fixtures proposed by the applicant meet the standards set forth in the South
Burlington Land Development Regulations. However, staff has visited the site and notes
that several of the existing building -mounted lights are not in compliance with the
regulations. These shall be brought into compliance as part of this application.
Traffic
The estimated traffic based on 47,000 square feet of general office is 70.03 pm peak
hour trips. It has been established through previous approvals and impact fees paid that
the current business produces 36 vehicle trip ends. The applicant shall pay impact fees
based on the difference, or 34.03 vehicle trip ends.
DECISION
Motion by seconded by F,`fV
to approve Site Plan Application SP-07-59 of R.E.M. Development, LLC, subj ct 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 applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The plan shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plan shall be submitted
to the Administrative Officer prior to permit issuance.
a. The plans shall be revised to comply with the comments of the City Arborist.
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4. The applicant shall adhere to the comments of the South Burlington City Arborist
5. The applicant shall adhere to the comments of the South Burlington Water Department
per the letter dated July 30, 2007.
6. The Board grants a parking waiver of 1 parking space, or 0.6% for a total of 164 spaces.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
8. The applicant shall receive final wastewater allocation prior to issuance of a zoning
permit for the proposed addition.
9. The applicant shall limit the trash pickup to the hours between 7:00 AM and 10.00 PM.
10. The building mounted lights shall be replaced with fixtures that are down -casting,
shielded and otherwise in compliance with the Land Development Regulations.
11. The applicant shall post a $24,500 landscaping bond prior to permit issuance. This
bond shall remain in full effect for three (3) years to assure that the landscaping has
taken root and has a good chance of survival.
12. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that this project will generate
an additional 34.03 vehicle trip ends during the p.m. peak hour.
13. 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.
14. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new addition.
15. Any change to the site plan shall require approval of the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr ye nay/abstain/not present
Matthew Birmingham —nay/abstain/not present
John DinklageJena`y-abstain/not present
Roger Farley —ay/abstain/not present
Eric Knudsen —ay/abstain/not present
Peter Plumeau — ay/abstain/not present
Gayle Quimby — a ay/abstain/not present
Motion carried by a vote of 1- O- O
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��Signed this � day of .��' 2007, by
John Di a e, Chair
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).
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