HomeMy WebLinkAboutSP-03-25 - Decision - 0037 Commerce AvenueCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
Joe Eddy - 37 Commerce Avenue
SITE PLAN #SP-03-25
FINDINGS OF FACT& DECISION
Joe Eddy, hereafter referred to as the applicant, is requesting site plan approval to change the
use of a portion of a 13,175 sq. ft. building used for warehouse use located at 37 Commerce
Avenue, South Burlington. Based on the plans and supporting material contained in the
document file for this application, the Administrative Officer finds, concludes and decides as
follows:
FINDINGS OF FACT
The applicant is requesting site plan approval to allow a change in the use of an existing
building located at 37 Commerce Avenue.
2. There currently exists a building on the subject lands. The proposal involves changing
the use of 5,000 sq. ft. of warehouse/storage use to auto service and repair.
3. The site currently provides 15 parking spaces and 14 spaces are required. One of the 15
parking spaces provided is designated a handicapped parking space.
4. The subject property is located within the I-C District.
5. The applicant provided a plan prepared by Lamoureux & Dickinson most recently
revised date 9/5/01 entitled "Ethan Allen Farms Industrial Subdivision South Burlington,
Vermont".
6. This application must be reviewed under and comply with the South Burlington Land
Development Regulations.
7. Joseph Eddy owns the property.
DIMENSONAL REQUIREMENTS
The site plan complies with all setback, and coverage requirements.
SITE PLAN REVIEW STANDARDS
Vehicular access.
2. Access is provided via a 34' curb cut on Commerce Avenue. No access changes are
proposed.
FINDINGS OF FACT & DECISION`
Joe Eddy - #SP-03-25
Circulation.
3. Circulation on the site is adequate.
Parking.
4. There are currently 15 parking spaces on the site and 14 spaces are required.
Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle parking
shall be provided for employees on the subject property. The plan does indicate a bike
rack exists.
6. Pursuant to Section 13.06(B) Internal Landscaping of the Parking Area does not apply.
Landscaping.
7. There are no additional landscaping requirements.
Outdoor lighting
8. Pursuant to Section 13.07(A) of the all exterior lighting must be shielded and downcasting
to prevent light from spilling onto adjacent properties and rights -of -way. There are no
changes to lighting.
9. Pursuant to Section 13.06(B)(4), snow storage areas must be shown on the plans. The
applicant needs to revise plans to show snow storage areas.
Pursuant to Sections 14.06 and 14.07 of the proposed Land Development Regulations, the
following review standards shall apply to site plan applications:
Traffic: There are no additional traffic impact fees for the proposed change in use for the
subject land.
(a) The relationship of the proposed development to goals and objects set forth in the
City of South Burlington Comprehensive Plan.
10. The Comprehensive Plan states that the city should encourage development while
protecting natural resources and promoting a healthy and safe environment. The proposed
change in use is in keeping with the recommended actions of the Comprehensive Plan.
(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.
11. One 13,175 sf building exists on the site. Parking will be located to the east and south sides
of the building.
(c) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
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FINDINGS OF FACT & DECISION`
Joe Eddy - #SP-03-25
12. Parking will be located to the east and south of the building. Section 13.01(G)(1) of the
Land Development Regulations establishes design requirements for parking spaces. Stalls
are 9 ft. wide and are 18 ft. deep. These spaces meet the requirements of Section
13.01(G)(1).
13. Section 13.01(G)(5) requires that bicycle parking or storage facilities be provided for
employees, residents, and visitors to the site. The plan does show a bike rack.
(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.
14. The Administrative Officer concludes that the proposed height and scale of the building is
consistent with the development of adjoining properties.
(e) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
15. The plans do not indicate changes in utility services.
(f) The combination of common materials and architectural characteristics,
landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles shall be encouraged.
16. There is no landscaping requirement for the expansion 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.
17. The existing structure is parallel to Commerce Court. The Administrative Officer concludes
that the existing structure relates appropriately to the site.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the proposed 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.
18. The reservation of land is not necessary.
(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.
19. No changes to existing underground utilities.
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FINDINGS OF FACT & DECISION
Joe Eddy - #SP-03-25
(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).
20. The plans provided do indicate a dumpster on the subject lands.
DECISION
The South Burlington Administrative Officer approves the site plan application #SP-03-25,
subject to the following conditions:
All previous approvals shall remain in full force and effect except as amended herein.
2. This project shall be completed as shown on the plans entitled "Better Park Lot 11 Ethan
Allen Drive South Burlington Vermont" stamped received May April 25, 2003 submitted
by the applicant, as amended by this decision, and on file in the Department of Planning
and Zoning.
3. The applicant shall obtain a zoning permit within six months of this decision pursuant to
Section 17.04 of the Land Development Regulations or this approval shall be null and void.
4. The applicant must revise the plan to comply with Section 13.06 to provide a snow dump
area, show a bike rack and provide 3 copies of the revised plan.
5. Prior to use of the structure, vehicle storage area, or parking area, the applicant shall obtain
a certificate of occupancy from the Administrative Officer.
6. Any changes to the site plan shall require approval by the South Burlington Development
Review Board.
Signed this day of 71I L'J V 2003, by
Rayrnod-BeWfir, Administrative Officer
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. If you fail to appeal this decision your right to challenge this decision at some time in the
future 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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