HomeMy WebLinkAboutSP-96-0000 - Decision - 0049 Commerce AvenueFINDINGS OF FACT & DECISION
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STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Kenneth Smith to amend a
previously approved site plan for a 25,000 square foot building for
a multiple of commercial and industrial uses for 10 tenants. The
amendment consists of: 1) adding additional permitted and
conditional uses to the list of uses allowed in the building, 2)
adding 10,000 square feet of second floor space for a total gross
floor area of 35,000 square feet, and 3) eliminating the maximum
number of tenants allowable in the building, 49 Commerce Avenue.
On the 22nd day of October, 1996, the South Burlington Planning
Commission approved the request of Kenneth Smith for site plan
review 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 25,000 square foot building for a multiple of commercial
and industrial uses for 10 tenants. The amendment consist of: 1)
adding additional permitted and conditional uses to the list of
uses allowed in the building, 2) adding 10,000 square feet of
second floor space for a total gross floor area of 35,000 square
feet, and 3) eliminating the maximum number of tenants allowable in
the building. The ZBA on 9/23/96 granted the applicant a
conditional use permit for the proposed uses. The Planning
Commission approved the building on 6/13/95-
2. This property located at 49 Commerce Avenue lies within the IC
and CO Districts. It is bounded on the east and west by
undeveloped lots, on the south by undeveloped property and on the
north by Commerce Avenue.
3. The applicant requested to use the proposed building for any of
the additional permitted and conditional uses listed below. This
request was made with the provision that all the uses would not
require more than 65 parking spaces, would not generate more than
3000 gpd in sewer demand and would not generate more than 30
vehicle trip ends during the P.M. peak our. The reason for this
request is so the applicant can have the flexibility of changing
tenants whose uses fall within the approved sewer, traffic and
parking limits without having to return to the Planning Commission
each time. When a use is to be changed, the applicant would
contact the City Planner and he would review the existing uses and
the proposed use to make certain that it does not exceed the upper
limits approved by the Planning Commission.
4. Current uses approved are as follows:
15.103 Light manufacturing
15.104 Research and testing laboratories
I
15-106 Wholesale establishments
15.107 Warehousing, storage and distribution facilities
15.111 Equipment service and repair shops not including
retail
Uses being requested are as follows:
Permitted uses
15.101 General office
15.102 Medical office
15.105 Printing, bookbinding, publishing and engraving
15.109 Contractor's yards not including retail
15.112 Catering and food delivery use
15.113 Accessory uses to uses listed above
Conditional uses
15.204 Rental of equipment and miscellaneous items
15.205 Automobile repair and service
15.207 Taxi companies
15.208 Indoor recreational facilities
15.209 Educational facilities
5. The only aspect of this project which is changing is the list
of allowable uses which is being expanded. The Planning Commission
at the meeting removed the following uses from the list of uses
being requested: catering and food delivery use; and educational
facilities.
6. Staff recommended that if any of the approved uses includes
outdoor storage, then the plan should go back to the Commission
because the plan would be changing. For example, a contractor's
yard where equipment or materials are stored outside.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of Kenneth Smith to
amend a previously approved site plan for a 25,000 square foot
building for a multiple of commercial and industrial uses for 10
tenants. The amendment consists of: 1) adding additional
permitted and conditional uses to the list of uses allowed in the
building, 2) adding 10,000 square feet of second floor space for
a total gross floor area of 35,000 square feet, and 3) eliminate
the maximum number of tenants allowable in the building, 49
Commerce Avenue, as depicted on a four (4) page set of plans, page
one (1) entitled, "Ken Smith Property Lots 25 & 26 South
Burlington, Vermont," prepared by FitzPatrick-Llewellyn, Inc.,
dated April, 1995, last revised 7/21/95, with the following
stipulations:
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1 . All previous approvals and stipulations which are not being
superseded by this approval shall remain in effect.
2. This approval and the 6/13/95 approval is for the following
permitted and conditional uses which are currently allowed in the
Industrial and Commercial District: light manufacturing;
warehouse, storage and distribution facilities; research and
testing laboratories; wholesale establishments; equipment service
and repair shops not including retail; general office; medical
office; printing, bookbinding, publishing and engraving;
contractor's yards not including retail; accessory uses to the uses
listed above; rental of equipment and miscellaneous items;
automobile repair and service; taxi companies; indoor recreational
facilities. If the zoning regulations change so that any of the
above uses are no longer allowed, then those uses which are no
longer allowed shall no longer be approved.
3. This approval is conditioned on a maximum of 65 parking spaces,
3000 gpd sewer allocation, and 30 P.M. peak hour trip ends.
4. The applicant shall obtain approval from the City Planner
prior to the change of any tenant in the building. The City
Planner shall approve the proposed new tenant only if the proposed
combination of uses fits within the limitations established in
stipulation #3 above. In making his determination, the City
Planner shall utilize the parking standards contained in Appendix
A in the Zoning Regulations, trip generation rates contained in the
I.T.E. Trip Generation Manual, and sewer flow quantities used by
the Vermont Agency of Natural Resources. If a use is proposed
which does not fit clearly within any of these standards, or if a
shared parking concept is proposed in order to meet the parking
limit, or if any of the approved uses includes outdoor storage, the
applicant shall obtain approval from the Planning Commission for
the proposed use.
5. The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to
occupancy of any new tenant space.
6. Any changes to the site plan shall require approval by the
South Burlington Planning Commission.
Chairm&n 'or Cle3
South Burlington Planning
D'ate
3
Commission