HomeMy WebLinkAboutSP-05-43 - Decision - 0033 Commerce Avenue11
C
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LIFTECH EQUIPMENT - 33 COMMERCE AVENUE
SITE PLAN APPLICATION #SP-05-43
FINDINGS OF FACT AND DECISION
Liftech Equipment, hereafter referred to as the applicant, is seeking site plan approval to
occupy a 9900 sq. ft. building with 4950 sq. ft. of equipment service, sales and rental
use, and 4950 sq. ft. of warehouse use, 33 Commerce Avenue. The Development
Review Board held a public meeting on October 4, 2005. William Keogh represented
the applicant.
Based on testimony provided at the above mentioned public meeting 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
The applicant is seeking site plan approval to occupy a 9900 sq. ft. building with
4950 sq. ft. of equipment service, sales and rental use, and 4950 sq. ft. of
warehouse use, 33 Commerce Avenue.
2. A site plan was originally approved by the South Burlington Planning Commission
on July 12, 1988 and a zoning permit was issued on September 1, 1988. The
Zoning Board of Adjustment on February 13, 1989 approved a conditional use
permit for multiple uses in the building with a condition that "any use must come
back before this Board for an administrative review." There is no evidence of any
administrative review for any use in this building. Therefore, no uses were ever
approved. Staff discovered this defect and requested that the applicant submit this
application.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The owner of record of the subject property is the Roth Family Partnership.
5. The plan submitted is entitled, "Site Plan Lot 30 Roth Family Partnership Ethan
Allen Industrial Park So. Burlington, VT.", prepared by John Roth, dated May 2005.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
IC Zoning District
Required
Proposed
Min. Lot Size
40,000 SF
SF
Max. Buildin Covera a
40%24.6%
Max. Overall Coverage
70%
64%
�l Max. Front Yard Coverage
30%
27%
Min. Front Setback
30'
50'
�l Min. Side Setback
10,
10,
4 Min. Rear Setback
30'
>30'
4 zoning compliance
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review 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.
There are no changes to the parking areas or pedestrian walkways as part of this proposal.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
There are no changes to the previously approved parking areas as part of this proposal.
However, the number of required parking spaces shall be re-evaluated according to
proposed use. The use of equipment service, repair and rental requires 2 parking spaces
per 1,000 SF GFA. For this proposal, 10 spaces will be required for this use. The use of
warehousing, storage and distribution requires .5 parking spaces per 1,000 SF GFA. For
this proposal, 3 spaces will be required for such use. Therefore, a total of 13 parking
spaces will be required for this application. A total of 14 spaces are shown on the site plan.
This proposal will require one (1) handicapped -accessible parking space. One space is
shown on the site plan as handicapped reserved. However, this space does not have the
adjacent access aisle five feet wide as required under Section 13.01(1) of the South
Burlington Land Development Regulations. The site plan should be revised to reflect this.
(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 to the previously approved building height as part of this proposal.
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(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
The applicant has not proposed any additional lighting as part of this application.
(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.
The building was originally approved by the South Burlington Planning Commission on July
12, 1988. There are no changes to this criterion as part of this proposal.
(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.
Again, the building was originally approved by the South Burlington Planning Commission
on July 12, 1988. There are no changes to this criterion as part of this proposal.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington 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 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 require any additional access easements as part of the proposed
project.
(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.
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 show a dumpster on the property, but it does not appear to be screened.
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(d) Landscaping and Screening Requirements
This criterion is not applicable as no new development is proposed.
Lighting
The applicant has not proposed any additional lighting as part of this application. As
previously noted, if any lighting is proposed, approval from the Administrative Officer will
be required.
Access/Circulation
Access to the subject property is currently provided via an access easement from
Commerce Avenue. No changes to this access are proposed as part of this application.
There are no changes to circulation as part of this application.
Traffic
Traffic impact fees were paid at the time of the initial subdivision of the overall area. No
further fees are required. This lot is outside of any traffic overlay districts and is not
subject to a traffic budget.
Other
The equipment service, sales, and rental use is proposing to use a five (5) foot strip in
front of the parking lot along Commerce Avenue for equipment display.
DECISION
Motion by �A �F fh ,seconded by ZI,
to approve Site Man Application #S -05-43 of Liftec Equipment, subject to thq 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 submitted by the applicant, as
amended herein, and on file in the South Burlington Department of Planning and
Zoning.
3) The plan shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plan shall be
submitted to the Administrative Officer prior to permit issuance.
a) The site plan shall be revised to depict a five foot wide access aisle adjacent to the
handicapped -accessible space.
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b) The plan shall be revised to depict the dumpster adequately screened, prior to
issuance of a zoning permit.
4) The applicant shall obtain a zoning permit within six (6) months to pursuant to
Section 17.04 of the Land Development Regulations or this approval is null and void.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the space.
6) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr - re /rn
Matthew BirmingN
Chuck Bolton -
John Dinklage
Roger Farley -Se
Larry Kupferman
Gayle Quimby -�ie
iy/abn/not present
m - e nay/abstain/not present
Ynay/abstain/not present
0/nay/abstain/not present
►na /abstain/not present
e nay/abstain/not present
nay/abstain/not present
Motion carried by a vote of -!Z- 0 - 0
Signed this day of G l 2005, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
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