HomeMy WebLinkAboutCU-00-04 SP-00-06 - Decision - 0003 Commerce Avenue#CU-00-04 & #SP-00-06
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application under Section 26.05, Conditional Uses of
the South Burlington Zoning Regulations and a site plan application to construct a 10,625
square foot building to be used for automobile repair and service.
On the 4th of April, 2000, the South Burlington Development Review Board approved
the conditional use application under Section 26.05 and site plan application under
Section 26.10 of the South Burlington Zoning Regulations of Riverside Auto Body based
on the following findings:
1. The owners of record are John and Joyce Better.
Site Plan Criteria:
2. Access/circulation: Access is to be provided via a 20 foot curb cut on Commerce
Avenue and a 15 foot wide access drive.
Circulation on the site is adequate.
3. Coverage/setbacks: The proposed building coverage will be 26.1 percent (30%
maximum). Overall lot coverage will be 61 percent (70% maximum). The proposed
front yard coverage will be the maximum of 30 percent (30% maximum). All setbacks
are being met.
4. Landscaping: The minimum landscaping requirement is $8,000 based on building
costs. The applicant, according to staff calculations, has proposed landscaping valued at
$6,307. The applicant submitted a contractor estimate for comparison with staff's
estimate. It was staff's recommendation that the applicant should submit plans which
include $1,693 of additional landscaping. This additional landscaping should include
street trees and an evergreen buffer along eastern side of the parking lot which borders
the C.O. District.
5. Lighting: Cut sheets have been submitted. All lights must be downwardly shielded and
approved by the Director of Planning and Zoning. Proposed lighting consists of:
-four (4) 175-watt building mounted lights with downcasting shielded fixtures
-two (2) 100 watt metal halide round Bollard fixture with clean lens & louvers
-one (1) 175 watt metal halide cutoff fixture tube ground mounted
6. Parking: The required number of parking spaces is two per service bay. This is a
policy that has developed from other municipal zoning ordinances. The applicant has
proposed 15 bays and therefore should provide 30 parking spaces. The applicant wished
to provide 15 parking spaces and request a waiver for 15 of the required parking spaces.
A bike rack is being provided.
7. Sewer: The sewer allocation requested for this development is 230 gpd. The applicant
will be required to pay the per gallon fee prior to permit issuance.
8. Traffic: The subdivision of which this lot was a part, required that each lot contribute
towards the improvements of the Ethan Allen Drive / Shamrock Road / Airport Parkway
intersection. This impact fee is $880 per lot.
9. C.O. District: The C.O. District and the floodplain have been delineated and avoided.
10. Sidewalk: The subdivision approval, which included this lot, required that the
developer either contribute $15 per linear frontage foot or build the sidewalk along the
frontage. Staff recommended that the developer pay the fee. All other developed lots in
this subdivision have paid the fees.
11. Dumpsters: The dumpster should be screened from lot #35.
12. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Mixed Industrial/Cbmmercial
District to encourage "a range of individual commercial uses ... that will serve adjacent area
and/or the traveling public and that will be mutually compatible with industrial activity".
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. The proposed structure will be located outside of the
C.O. District.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact
traffic.
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 affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-00-04 and the site plan application #SP-00-06
of Riverside Auto Body to construct a 10,625 square foot building to be used for
automobile repair and service, 3 Commerce Avenue, as depicted on a two (2) page set of
plans, page one (1) entitled, "Riverside Auto Body Lot 36", prepared by Lamoureux &
Dickinson Consulting Engineers, Inc., dated 2/16/00, last revised on 3/27/00, with the
following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. The plat plans shall be revised to show the changes listed below and shall require
approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of
the approved revised plat plans shall be submitted to the Director prior to permit issuance.
a) The site plan shall be revised to show the dumpster screened from lot #35.
b) The site plan shall be revised to show additional landscaping in the form of
an evergreen buffer along the eastern side of the parking lot which borders
the C.O. District and several street trees along the property's frontage with a
minimum caliper of 2.5" - 3".
c) The site plan details (sheet 2) shall be revised to include a depressed curb
detail.
3. The Development Review Board approves a sewer allocation of 230 gpd. The applicant
shall pay the per gallon fee prior to permit issuance.
4. 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 Director
prior to installation.
5. The applicant shall post a $8000 landscape bond prior to issuance of a zoning permit.
The bond shall remain in effect for three (3) years to assure that the landscaping takes root
and has a good chance of surviving.
6. The applicant shall pay the sidewalk fee of $15 per linear foot of frontage as required by
the original subdivision approval prior to issuance of a zoning permit.
7. Pursuant to Section 26.256(b) of the zoning regulations, the Development Review Board
approves a total of 15 parking spaces, which is a 15 space or 50% waiver. All vehicles
parked outside the building shall be parked in the designated parking spaces or in the
temporary outside storage area as shown on the plan.
8. The applicant shall pay a traffic impact fee of $880 required by the original subdivision
approval prior to issuance of a zoning permit.
9. Removed curb at entrance drive shall be replaced with a concrete depressed curb.
10. Water shutoff valve shall be placed six (6) inches from the property line.
11. Sanitary sewer pipe shall be bedded in 3/4-inch crushed stone only.
12. The building shall be sprinklered.
13. 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.
14. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the building.
15. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
i
Chair or Clerk
South Burlington Development Review Board
Date
A