HomeMy WebLinkAboutSP-01-66 - Decision - 0037 Commerce Avenue#SP-01-66
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Joe Eddy Holdings, LLC to amend a previously
approved site plan for a 14,000 square foot building for multiple commercial and industrial
uses, 41 Commerce Avenue. The amendment consists of adding 165 square feet of paved
area in order to connect the parking area at 41 Commerce Avenue to the adjacent parking
area at 37 Commerce Avenue, removing 575 square feet of paved area, and making minor
landscaping changes in conjunction with these changes. The Owner of Record of this
property is Joe Eddy Holdings, LLC.
On the 3rd day of October, 2001, the Director of Planning and Zoning approved the request
of Joe Eddy Holdings, LLC for site plan review under Section 26.10 of the South Burlington
Zoning Regulations based on the following findings:
1. This amendment consists of minor changes to the approved site plan to: 1) add 165
square feet of paved area and creating an access point to the 37 Commerce Avenue property;
2) removing 575 square feet of paved area at the rear of the property near the snow storage
area; and 3) relocating one Honey Locust tree in conjunction with the new access point.
2. The record owner of the property is Joe Eddy Holdings, LLC. The property lies
within the IC -Mixed Industrial Commercial district and the Airport Approach Zone. It is
bounded on the north by Commerce Avenue, on the west and south by undeveloped lots and
on the east by an industrial building.
3. Access/circulation: Access to the property is provided by a 20-foot curb cut onto
Baldwin Avenue. This will remain the same. This amendment will provide an internal
circulation point between 37 Commerce Avenue and 41 Commerce Avenue and will not
result in any changes to the parking layout.
4. Coverage/setbacks: This amendment will reduce the total lot coverage from the
existing level of 71.0 percent to 70.0 percent. The limit for the IC district is 70.0 percent.
This amendment will bring the property into conformance with the coverage limit. No
impacts on setbacks will occur.
5. Parkina: No changes to parking will occur.
6. Sewer: No changes to the approved wastewater allocation are proposed.
7. Li htin : No changes to the approved lighting fixtures are proposed.
Build' height: No changes to building roofline or height are proposed.
9. Traffic: No changes that would result in any additional trip ends or other traffic
impacts are proposed.
10. Landscaping: The landscaping changes proposed will relocate one Roney Locust
away from the new access point. A grassed area will be created where the 575 square feet
of pavement is to be removed.
11. Dumpster: No change to the location or screening of the dumpster are proposed.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Director of Planning and Zoning
approves the site plan application of Joe Eddy Holdings, LLC to amend a previously
approved site plan for a 14,000 square foot building for multiple commercial and industrial
uses, 41 Commerce Avenue, as depicted on a plan entitled "Ethan Allen Farms Industrial
Subdivision, South Burlington, Clermont, E&M Mechanical Inc., Site Plan -- Lot #28, 41
Commerce Avenue," prepared by Lamoureux & Dickinson, with the following stipulations:
1) All previous approvals and stipulations, which are not superseded by this approval, shall
remain in effect.
2) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
3) No changes to parking, landscaping or access and circulation other than those approved
in this permit shall be allowed without prior approval.
4) A zoning permit shall be obtained within six (6) months or this approval pursuant to
Section 27.302 of the Zoning Regulations, or this approval shall be null and void.
5) A Certificate of Occupancy/Compliance shall be obtained from the Administrative
Officer prior to occupancy of the proposed structure.
Juli Beth Hoover, Director
Sou Burlington Department of Planning and Zoning
Date
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).