HomeMy WebLinkAboutSP-07-66 - Decision - 0007 Commerce Avenue#SP-07-66
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SPILLANE'S TOWING & RECOVERY/KEVIN SPILLANE
7 COMMERCE AVENUE
SITE PLAN APPLICATION #SP-07-66
FINDINGS OF FACT AND DECISION
Kevin Spillane, hereinafter referred to as the applicant, is seeking to amend a previously
approved site plan for a 5,000 sq. ft. building for vehicle tow, repair & storage use. The
amendment consists of adding auto rental use, 7 Commerce Avenue.
Based on the plans and materials contained in the document file for this application, the
Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking to amend a previously approved site plan for a 5,000 sq.
ft. building for vehicle tow, repair & storage use. The amendment consists of
adding auto rental use, 7 Commerce Avenue. The auto rental use will be run out
of the existing 270 sq. ft. office area.
2. The owners of record of the subject property are Lowell & Shelly Spillane and
Kevin & Stacey Spillane.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The application was received on September 10, 2007.
5. The plan submitted is entitled, "Ethan Allen Farms Industrial Subdivision 7
Commerce Avenue South Burlington VT Lot 35 Site Plan", prepared by
Lamoureux & Dickinson Consulting Engineers, Inc., dated 7/9/99, last revised on
8/23/07.
DIMENSION REQUIREMENTS
6. The foot print of the building is remaining the same. All coverage requirements
are being met.
7. Setback requirements are being met.
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SITE PLAN REVIEW STANDARDS
Vehicular access
8. Access is provided via a curb cut off Commerce Avenue. No changes are
proposed.
Circulation
9. Circulation on the site is adequate.
Parking
10. The existing and proposed uses require a total of 15 parking spaces. This
requirement is being met.
11. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle
parking shall be provided on the subject property. A bicycle rack is shown on the
plan.
12. Pursuant to Section 13.01(B) of the Land Development Regulations, internal
landscaping of the parking area does not apply to this application.
Landscaping
13. There are no landscaping changes proposed.
14. Pursuant to Section 13.06(B)(7) of the Land Development Regulations, snow
storage areas must be shown on the plan. The plan indicates the snow storage
area(s).
Outdoor Lighting
15. There are no changes to outdoor lighting proposed.
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the
following review standards shall apply to site plan applications:
Traffic
16. No additional traffic is expected to be generated.
(a) The relationship of the proposed development to goals and objects set forth in
the City of South Burlington Comprehensive Plan.
17. The Comprehensive Plan states that the City should encourage development
while protecting natural resources and promoting a healthy and safe
environment. The proposed project is in keeping with the recommended actions
of the Comprehensive Plan.
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(b) 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.
18. The building is existing and no changes are proposed.
(c)Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
19. All parking is located at the rear of the building.
20. As noted above, a bicycle rack location is noted on the plan.
(d) 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.
21. The building is existing and no changes are proposed.
(e) Newly installed utility service modifications necessitated by exterior alterations
or building expansions shall, to the extent feasible, be underground.
22. The plan does not indicate a change in utility service.
(0 The combination of common materials and architectural characteristics,
landscaping, buffers, screens, and visual interruptions to create attractive
transitions between buildings or different architectural styles shall be
encouraged.
23. The building is existing and no changes are proposed.
(g) 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.
24. The building is existing and no changes are proposed.
In addition to the above general review standards, site plan applications shall meet the
following specific standards set forth in Section 14.07 of the Land Development
Regulations:
(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 or collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation in the
area.
25. The reservation of land is not necessary.
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(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.
26. As noted above, there are no changes to utility service with this application.
(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).
27. Pursuant to Section 13.06(C)(1) of the Land Development Regulations, screened
dumpster locations must be shown on the plans. Screened dumpster locations
are noted on the plan.
DECISION
Based on the above Findings of Fact, the Administrative Officer herby approves Site
Plan Application #SP-07-66 of Kevin Spillane, to amend a previously approved site plan
for a 5,000 sq. ft. building for vehicle tow, repair & storage use. The amendment consists
of adding auto rental use, 7 Commerce Avenue, subject to the 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 plan and shall be on file in the
South Burlington Department of Planning and Zoning.
3) 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.
4) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the using the building for auto rental use.
5) Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
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Signed on this day of , 2007 by
J. Belair, A`effrrstrative Officer
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PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this
decision by filing a Notice of Appeal with the secretary of the Development Review
Board. This Notice of Appeal must be accompanied with a $110 filing fee and be filed
within 15 days of the date of this decision.
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