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HomeMy WebLinkAboutCU-96-0000 - Decision - 0008 Berard DriveFINDINGS OF FACT & DECISION STATE OF VERMONT C COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Alfred Senecal, Jr. to convert a 8,200 square foot building from office/warehouse use (electrical contracting business) for one (1) tenant to a multiple of industrial/commercial uses for several tenants. On the 26th day of November, 1996, the South Burlington Planning Commission approved the request of Alfred Senecal, Jr. for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of converting a 8,200 square foot building from office/warehouse use (electrical contracting business) for one (1) tenant to a multiple of industrial /commercial uses for several tenants. An addition to this building was approved on 8/8/95 but was never constructed. The ZBA on October 20, 1996 granted the applicant a conditional use permit for the multiple use of the property. 2. This property located at 8 Berard Drive lies within the IC District. It is bounded on the north and west by a fuel distributor, on the east by a mixed use commercial building, and on the south by Berard Drive. 3. The applicant is requesting to use the proposed building for three (3) tenants for any of the permitted and conditional uses listed below. This request is being made with the provision that all the uses would not require more than 32 parking spaces, and would not generate more than 18 vehicle trip ends during the P.M. peak hour. The reason for this request is so the applicant can have the flexibility of changing tenants whose uses fall within the approved 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. Uses requested are as follows: 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 15.108 Truck terminals 15-109 Contractors' yards not including retail 15.110 Lumber yards not including retail 15.111 Equipment service and repair shops not including retail 15-112 Catering and food delivery use 15-113 Accessory uses to uses listed above Conditional Uses: 15.202 Automobile and marine sales, including service and sales of related accessories 15.203 Agriculture and construction equipment sales and service 15.204 Rental of equipment and miscellaneous items 15.205 Automobile repair and service 15.206 Automobile rental 15.207 Taxi companies 15.210 Retail businesses (excluding shopping centers, supermarkets, department stores and discount stores) 15.217 Day care centers 15.221 Equipment service and repair shops that include retail 15.222 Contractor yards that include retail 5. The ZBA as part of their decision eliminated the following conditional uses: 15.204 Rental of equipment and miscellaneous items 15.207 Taxi companies 15.210 Retail businesses(excluding shopping centers, supermarkets, department stores and discount stores) 15.217 Day care centers 15.222 Contractor's yards that include retail 6. Staff recommended that the following conditional uses not be included since they require outdoor storage, the extent of which is not known at this time. 15.202 Automobile and marine sales, including service and sales of related accessories 15.203 Agriculture and construction equipment sales and service 15.206 Automobile rental The list of acceptable uses is as follows: 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 15.108 Truck terminals 2 15-109 Contractors' yards not including retail 15.110 Lumber yards not including retail 15.111 Equipment service and repair shops not including retail 15.112 Catering and food delivery use 15.113 Accessory uses to uses listed above Conditional Uses: 15.205 Automobile repair and service 15.221 Equipment service and repair shops that include retail 8. Access/circulation: Access is provided by a 20 foot curb cut on Berard Drive. No change proposed. Circulation on the site is adequate. 9. Coverage/ setbacks: Building coverage is 17.8% (maximum allowed is 30%). Overall coverage is 53% (maximum allowed is 70%). Front yard coverage is 24.2% (maximum allowed is 30%). Setback requirements are met. 10. Parking: A total of 32 parking spaces are available including two (2) hanElicapped spaces. A bike rack is being provided as required under Section 26.253(b) of the zoning regulations. 11. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. No additional landscaping recommended. 12. Traffic: ITE estimates that the current facility generates 7.1 vehicle trip ends (vtels) during the P.M. peak hour. The applicant is seeking approval for 10.9 additional vte's for a total of 18 vtels. The applicant was made aware that the road impact fee for 10.9 additional vte's will be approximately $2300. 13. Sewer: This property is not connected to the City sewer system. 14. Dumpster: The dumpster is located at the rear of the existing building so it will not be visible from the street. 15. Lighting: Exterior lighting will consist of the following: --- five (5) 35 watt high pressure sodium lamps mounted on the building with shielded fixtures. An existing pole mounted flood light will be removed. 3 DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Alfred Senecal, Jr. to convert a 8,200 square foot building from office/warehouse use (electrical contracting business) for one (1) tenant to a multiple of industrial/commercial uses for several tenants, 8 Berard Drive, as depicted on a plan entitled '18 Berard Drive Site Plan," prepared by Alfred R. Senecal, Jr. , dated 10/5/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This approval is for the following uses which are currently allowed in the IC District: Permitted uses: general of f ice; medical office; light manufacturing; research and testing laboratories; printing, bookbinding, publishing and engraving; wholesale establishments; warehousing, storage and distribution facilities; truck terminals; contractor's yards not including retail; lumber yards not including retail; equipment service and repair shops not including retail; catering and food delivery use; accessory uses to uses listed above. Conditional uses: automobile repair and service; equipment service and repair shops that include retail. 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 32 parking spaces, and 18 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 use 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, and trip generation rates contained in the I.T.E. Trip Generation Manual. 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, the applicant shall obtain approval from the Planning Commission for the proposed use. 5. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 6. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed change in use will generate 10.9 additional vehicle trip ends during the P.M. peak hour. 4 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. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the building. 9. Any change to the site plan shall require approval by the South Burlington Planning Commission. Z�L� -e-X221IJ � Chairman dr C16r-k' South Burlington Planning Commission Date 5