HomeMy WebLinkAboutSP-01-69 CU-01-42 - Decision - 0007 Commerce Avenuell
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
#SP-01-69 & #CU-01 42
Re: Application of Tamarack Services of Vermont, Inc. dba Thrifty Car Rental seeking
conditional use and site plan approval. Request is for permission to construct an auto rental
storage facility, 7 Commerce Avenue
On the 20th of November, 2001, the South Burlington Development Review Board approved the
request of Tamarack Services of Vermont, Inc. dba Thrifty Car Rental for conditional use approval
under Section 26.05 and site plan under Section 26.10 of the South Burlington Zoning Regulations
based on the following findings:
1. This project consists of a site plan and conditional use application for Tamarack Services
of Vermont, Inc. dba Thrifty Car Rental. The request is for permission to construct an
outdoor auto rental storage facility. This same project was approved on July 27, 2001,
but the approval lapsed due to the applicant not obtaining a permit within six (6) months.
2. The owner of record is Lowell T. Spillane.
3. This property located at 7 Commerce Avenue lies within the I. C. District, the C. O.
District, and the Floodplain Overlay District. It is bounded on the north by a vacant lot,
on the east by Commerce Avenue and an auto repair and service business, on the south
by the airport, and on the west by undeveloped land.
SITE PLAN CRITERIA:
4. Coverage/Setbacks: Building Coverage is 0% (maximum allowed is 30%). Overall coverage
is 38.2% (maximum allowed is 70%). Front yard coverage is 11.4% (maximum allowed is
30%). The future building is not part of this application. The plan should be revised to
remove phases two and three and the coverage information revised accordingly. Setbacks
are being met since no buildings are proposed.
5. Access /Circulation: Access is provided by a 24-foot curb cut on Commerce Avenue.
Circulation on the site is adequate.
6. Parking: There is no minimum parking requirement since no building is proposed. The
vehicle storage area will be used to store rental vehicles. Customers are not using this
property.
7. Landscaping There is no minimum landscaping requirement, based on building costs for
this project. Applicant is proposing $3900 of landscaping consisting of serviceberry, white
pine and wayfaring tree. The plan should note that the size of the wayfaring tree should be
expressed in inches and not feet.
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8. Traffic: This lot is part of a subdivision which requires each lot contribute towards the
improvements of the Ethan Allan/Shamrock Road/Airport Parkway intersection. This impact
fee is $880 per lot.
9. Li tin : Proposed exterior lighting will consist of nine (9) 100-Watt high-pressure sodium
lamps mounted on 12-foot poles with down casting shielded fixtures.
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.
11. C.O. District/wetland buffer: A portion of this property lies within the Floodplain Overlay
District. There is no proposed encroachment in this district.
12. Other: The ZBA on 7/12/99 approved the project with the following condition:
"Applicant is responsible for maintaining retention pond in a condition to treat storm water
runoff from areas contributing from Commerce Avenue and adjacent lots as well as maintaining
any right-of-way easement."
CONDITIONAL USE CRITERIA:
13. The proposed project complies with the stated purpose of the Mixed Industrial and Commercial
District to "encourage general commercial activity." The proposed use must 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.
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
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use and site plan applications #CU-01-42 and #SP-01-69 of Tamarack Services of
Vermont, Inc. dba Thrifty Car Rental to construct an outdoor storage area on a 4.0 acre lot,7
Commerce Avenue, as depicted on a two (2) page set of loans, page one (1) entitled, "Thrifty
Car Rental, Lot 35, Site Plan," prepared by Lamoureux & Dickinson Consulting Engineers, Inc.
and dated 7/9/99, 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 prior to issuance of a zoning permit to show the changes listed below
and shall require approval by the Director of Planning and Zoning (hereinafter Director). Three
copies of the revised plan shall be submitted.
(a) Site plan shall be revised to remove phases 2 and 3 (the proposed building and
associated parking.) Coverage information shall be revised accordingly.
(b) Site plan shall be revised to show the limits of the C. O. District.
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3) The applicant shall post a $3,900 landscape bond prior to issuance of a zoning permit. The bond
shall remain in effort for three (3) years to assure the landscaping takes root and has a good
chance of survival.
4) 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.
5) The applicant shall pay a traffic impact fee of $880 as required by the original subdivision
approval prior to issuance of a zoning permit.
6) 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.
7) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to occupancy of the storage yard.
1) Any change to the plat plan shall require approval by the South Burlington Development Review
Board
Chair or Clerk 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.S.A. § 4472(d) (exclusivity of remedy; finality).
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