HomeMy WebLinkAboutCU-02-21 SP-02-41 - Decision - 0004 Berard Drive#CU-02-21
#SP-02-41
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use and site plan applications #CU-02-21 and #SP-02-
41 of the Patrick & Terese Maslack Ayer to amend a previously approved plan for a 9,868
square foot mixed use building consisting of auto repair and service use and automobile
rental. The amendment consists of: 1) expanding the building by 1712 square feet for a
total of 11,580 square feet, 2) a 9'x65' covered walkway, and 3) addition of fill for
vehicle storage, 4 Berard Drive.
On the 1 " of October 2002, the South Burlington Development Review Board approved
the request of the Patrick and Terese Maslack Ayer seeking conditional use approval
under Section 26.05, and site plan approval under Section 26.10 of the South Burlington
Zoning Regulations, based on the following findings:
1) This project consists of amending a previously approved plan for a 9,868 square
foot mixed use building consisting of auto repair and service use and automobile
rental. The amendment consists of: 1) expanding the building by 1712 square feet
for a total of 11,580 square feet, 2) a 9'x 65' covered walkway, and 3) addition of
fill for vehicle storage.
2) The owner of record is Terese and Patrick Maslack Ayer.
3) This property located at 4 Berard Drive is within the IC District. It is bounded on
the north by undeveloped land, on the east by a restaurant (Pizza Putt), on the
west by a multiple use commercial building, and on the south by Berard Drive.
CONDITIONAL USE CRITERIA:
4) The proposed project complies with the stated purpose of the Mixed Industrial
Commercial 1 District to "encourage general 'industrial activity and office
buildings," and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity —the proposed use is not expected
to affect traffic.
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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 effect expected.
SITE PLAN CRITERIA
5) Access/ Circulation: The proposed new access to the property is via an 18 foot
wide curb cut off Berard Drive. The existing curb cut is proposed to close. This
new access enters the property between two (2) existing large trees, a pine and a
honeylocust. Staff recommended preservation of at least one of the trees (the
honeylocust), if it is not possible to preserve both.
Circulation on site is adequate.
6) Coverage/setbacks: Building coverage on site is 1.7% (maximum allowed is
30%). Overall coverage is 6.3% (maximum allowed is 70%). These coverage
calculations are based on the property owner obtaining additional land. Proposed
front yard coverage is 19.6% (maximum allowed is 30%). The proposed
additions meet the IC District setback requirements.
Located on the property is a large storage container. The applicant should revise
the plans to show container meeting the 15 foot side yard setback requirement or
removed from the property.
7) Parking: The parking requirement based on gross floor area is 29 spaces, not
including vehicle storage. The proposal shows 42 spaces. The location of 25 of
these spaces is behind a gate. The plan should clearly indicate with a note the
parking for customers and employees. The accessible parking requirement is two
(2) and one (1) additional space should be shown on the plan. A bike rack is
provided as required.
8) Landscaping_ The minimum landscaping requirement based on construction costs
is $1500, which is not being met.
The approval from February of 1999 required a continuous hedge (32 Pinus nigra)
to screen the car storage area from Pizza Putt and the Winooski River. The
applicant was required to plant the hedge as previously approved and an
additional $1500 of landscaping, as mentioned above.
The location of the hedge should be altered to accommodate the additional
parking area.
9) Traffic: ITE estimates the existing use generates 32.3 vehicle trip ends during the
PM peak hour. ITE estimates the additional square footage will increase the vte's
to 37.5, which represents an additional 5.2 vte's.
10) Dumpsters: A screened dumpster location is noted on the plan.
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11) Lighting: There are no proposed changes in the exterior lighting on the property.
If the applicant plans to install lights they must be downcasting and shielded and
approved by the Director of Planning and Zoning prior to installation. The
floodlights on the front of the building should be removed or replaced with
downcasting and shielded light fixtures approved by the Director of Planning and
zoning prior to installation.
12) Fill: The applicant requested approval for fill, which was placed on the property
without approval. The applicant should indicate the quantity of existing fill and
the limits of the fill line on the site plan.
The previously proposed location of the hedge would not screen any cars parked
in this area from the Winooski River. Therefore the hedge should be relocated
closer to the Winooski River to screen the entire parking area, and so noted on the
plan.
13) Other: The site plan should be revised to show a silt fence installed down slope
from the fill area. A site plan showing the entire property should be submitted.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use and site plan applications #CU-02-21 and #SP-02-41 of the
Patrick & Terese Maslak Ayer to amend a previously approved plan for a 9,868 square foot
mixed use building consisting of auto repair and service use and automobile rental. The
amendment consists of 1) expanding the building by 1712 square feet for a total of
11,580 square feet, 2) a 9'x65' covered walkway, and 3) addition of fill for vehicle
storage,4 Berard Drive, as depicted on a one (1) page plan entitled "Autobahn Body
Works, Inc." prepared by Llewellyn Howley, Inc., dated 4/24/02, 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 and Zoning (hereinafter Director). Three (3) copies of the
approved revised plan shall be submitted to the Director prior to permit issuance.
a) The site plan shall be revised to show the entire property.
b) The site plan shall be revised to show the removal of the pine tree at the entrance if
both trees cannot be preserved.
c) The site plan shall be revised to show the location of the outdoor storage container
meeting the IC side yard setback requirement of 15 feet.
d) The site plan shall be revised to show the relocation of the evergreen hedge on the
northern part of the lot to screen the vehicles from the Winooski River.
e) The site plan shall be revised to show $1500 of additional landscaping above and
beyond the previously required evergreen screen.
f) The site plan shall be revised to show one (1) additional accessible parking space.
g) The site plan shall be revised to show the installation of a silt fence on the down
slope side of the fill.
h) The site plan shall be revised to show the fill limits and the quantity of existing fill.
i) The site plan shall be revised to note which 15 spaces behind the gate are for
customers and employees.
j) The site plan shall be revised to show existing contour lines for the new fill area.
3) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates the 1712 square foot addition will
generate 5.2 additional vte's during the P.M. peak hour.
4) All exterior lights must be downcasting and shielded and approved by the Director of
Planning and Zoning prior to installation. The floodlights on the front of the building
shall be removed or replaced with downcasting and shielded light fixtures approved
by the Director of Planning and zoning prior to installation.
5) Prior to issuance of a zoning permit, the applicant shall post a $1500 landscape bond.
The bond shall remain in effect for three (3) years to assure the landscaping takes root
and has a good chance of surviving.
6) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative officer prior to the use of the additions.
7) 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.
8) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
9) The applicant shall not place any additional fill on the property without prior approval
from the Development Review Board.
Chair or Ciery Date
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..SA. § 4472(d)
(exclusivity of remedy; finality).
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