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Home My WebLink AboutSP-08-81 - Decision - 0007 Commerce Avenue#SP-08-81 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SPILLANE'S TOWING - 7 COMMERCE AVENUE SITE PLAN APPLICATION #SP-08-81 FINDINGS OF FACT AND DECISION Spillane's Towing and Recovery, hereinafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan consisting of a 5000 sq. ft. building for vehicle towing, repair, and storage use and auto rental use. The amendment consists of constructing a 3750 sq. ft. addition and 1250 sq. ft. of mezzanine space in the existing building for the existing uses, 7 Commerce Avenue. The Development Review Board held a public hearing on Tuesday, September 16, 2008. Andy Rowe represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking site plan approval to amend a previously approved plan consisting of a 5000 sq. ft. building for vehicle towing, repair, and storage use and auto rental use. The amendment consists of constructing a 3750 sq. ft. addition and 1250 sq. ft. of mezzanine space in the existing building for the existing uses, 7 Commerce Avenue. 2. The owner of record of the subject property is Ship Seven, LLC. 3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District. 4. The plan submitted is entitled, "Lot 35 Site Plan Proposed Building Addition", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 7/11/08, last revised on 9/16/08. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the followinggeneralreview standards for all site plan applications: (a) 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. - 1 - #SP-08-81 The proposed building addition will not hinder the existing and appropriate transition from structure to structure or from structure to site. According to Table 13-2 of the South Burlington Land Development Regulations, the existing and proposed uses will require eighteen (18) parking spaces. Fifteen (15) parking spaces are provided, including one for handicapped accessibility. The applicant is therefore requesting a parking waiver of three (3) spaces, or 16.7%. The Board has no concerns regarding this request and recommends approval of the waiver. The Development Review Board approves a parking waiver of three parking spaces, or 16.7%. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking spaces are located entirely to the rear of the building. (c) 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. There are no changes proposed to the height of the building, which is currently at 23 feet and well within the permissible heights of the district. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. There are no changes to this criterion. This requirement is being met. (f) 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. The existing building relates harmoniously to the existing buildings in the vicinity. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: -2- EMMI.111i] (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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to create access to the properties that abut the subject property. (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. As noted above, pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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). The plans depict one (1) dumpster within the screened vehicle storage area. The plans note that it is screened with a mesh fabric attached to the chain link fence. This is sufficient. (d) Landscaping and Screening Requirements The applicant has submitted building costs of $225,000, the applicant has submitted a landscaping plan showing a minimum of $6,750 in additional plantings of trees. The City Arborist has not had an opportunity to review the plan. A bicycle rack is shown on the plans. Appropriate snow storage areas are shown on the plans. Lighting The applicant is proposing two additional building mounted cutoff lights. Access/Circulation No changes to circulation are proposed as part of this application which warrant any concern. Traffic Due to a previous agreement, this property is not subject to traffic impact fees. -3- E�Ri:alr-13l �� DECISION Motion by 5 AiU, 04101 j , seconded by DGm fmaW to approve Site Plan Applicatio #SP-08-81 of Spillane's Towing, subject to tlSe following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The Development Review Board approves a parking waiver of three parking spaces, or 16.7% for a total of 15 spaces provided. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. Prior to permit issuance, the proposed landscaping shall be approved by the City Arborist. Any changes requested by the Arborist shall be incorporated in the plan and three (3) copies of the revised plan submitted to the Administrative Officer. 6. Prior to permit issuance, the applicant shall post a $6,750 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 7. Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 8. If necessary, the applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning prior to issuance of a zoning permit. 9. 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. 10. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use and occupancy of the building addition and mezzanine. 11. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. -4- E&IZ1k1-1 Mark Behr — /nay/abstain/not present Matthew Birmmgh m —yea/nay/abstain/ of presen John Dinklage — e /nay/abstain/not presen Roger Farley — e nay/abstain/not present Eric Knudsen — e nay/abstain/not present Peter Plumeau — /nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of & - d -6 Signed this / 6 day of 2008, by i John Dmklage, Chfir Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy; finality). -5-