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Home My WebLink AboutSP-04-50 - Decision - 0007 Commerce AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING SPILLANE'S TOWING AND RECOVERY — 7 COMMERCE AVENUE SITE PLAN #SP-04- 50 FINDINGS OF FACT AND DECISION Spillane's Towing and Recovery hereinafter referred to as the "Applicant", is requesting site plan approval to amend a previously approved site plan for a 5,000 sq ft building for vehicle tow, repair and storage business located at 7 Commerce Avenue. The amendment consists of the addition of a HVAC unit and changing the location of the dumpster and parking area. Based on the plan and supporting material contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT This project consists of amending a previously approved site plan for a 5,000 sq ft building for vehicle tow, repair and storage business located at 7 Commerce Avenue. The amendment consists of the addition of a HVAC unit and changing the location of the dumpster and parking area. 2. The owner of record of this property is Chip and Shelley Spillane. 3. This property is located within the Mixed Industrial & Commercial District. DIMENSIONAL REQUIREMENTS 4. Building coverage is 2.9% (maximum allowed is 40%). Overall coverage is 32.3% (maximum allowed is 70%). Front yard coverage is 11.4% (maximum allowed is 30%). 5. The building meets the setback requirements. SITE PLAN REVIEW STANDARDS Vehicular access 6. There currently is one ingress and egress curb cut on the property from Commerce Avenue. No changes are proposed. Circulation 7. Circulation on the site is adequate. -1- Parking 8. A total of 11 spaces are required and provided including one handicapped space. 9. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle parking shall be provided for employees on the subject property. The plan submitted as part of the application does indicate a bicycle rack on the site. Landscaping 10. There is no minimum landscaping requirement, based on building costs. The site is well landscaped so no additional landscaping will be required. 11. The existing site plan complies with all requirements pursuant to Section 13.06(B) of the Land Development Regulations. 12. Pursuant to Section 13.07(A) of the Land Development Regulations, a snow storage area is required. The plan submitted as part of the application does indicate a snow storage area on the site. Outdoor Lighting 13. Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting must be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. No lighting changes are proposed. Traffic 14. There are no anticipated changes in traffic generation resulting from this amendment. GENERAL REVIEW STANDARDS (a) The relationship of the proposed development to goals and objectives set forth in the City of South Burlington Comprehensive Plan. 15. The Comprehensive plan states that the city should encourage development while protecting natural resources and promoting a healthy and safe environment. The change in use is in keeping with the recommended actions of the Comprehensive Plan. (b)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. -2- 16. The building on this site exists with no changes proposed. The site has adequate planting and adequate parking. (c) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 17. Parking spaces are currently located at the rear of the building. (d) 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. 18. The existing building is a 1-story building, which is compatible with its site, and the adjoining buildings. (e) Newly installed utility service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 19. The plans do not indicate changes in utility services. (f) The combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to cerate attractive transitions between buildings or different architectural styles shall be encouraged 19. No changes to the site or building are proposed. (g) 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. 20. There are no new proposed structures. All buildings exist according to a previous application. In addition, to the above general review standards, site plan applications shall meet the following specific standards set forth in Section 14.07 of the Land Development Regulations: (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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 21. The reservation of land is not necessary. -3- (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. 22. No changes to existing underground utilities are proposed. (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). 23. A dumpster storage area is located at the northeast corner of the subject lands. The plan should be amended to screen the dumpster from the street. DECISION Based on the above Findings of Fact, the South Burlington Administrative Officer hereby approves site plan application #SP-04-50 by Spillane's Towing and Recovery to amend a previously approved site plan for a 5,000 sq ft vehicle towing, repair, and storage business located at 7 Commerce Avenue. The amendment consists of the addition of a HVAC unit and changing the location of the dumpster. The proposed changes are depicted on a plan entitled "Ethan Allen Farms Industrial Subdivision 7 Commerce Avenue South Burlington VT", prepared by Lamoureux & Dickenson Consulting Engineers, Inc., dated 7/9/99, last revised on 11/17/04, with the following stipulations: 1) All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2) 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. 3) The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the HVAC unit and the relocation of the dumpster and parking. 4) 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 plan shall be revised to screen the dumpster from the street. 5) Any change to the site plan shall require approval by the South Burlington Development Review Board. Signed on this /Oay of,f ( 0�✓� , 2004 by Rey on J. Blair, Administrative Officer 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. If you fail to appeal this decision your right to challenge this decision at some point in the future 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). -5-