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HomeMy WebLinkAboutSP-01-55 - Decision - 0037 Commerce Avenue#SP-oi-55 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Finding of Facts, site plan application #SP-oi-55 of Joe Eddy Holdings, LLC for a 13,175 sq. ft. warehouse, storage, and distribution building, 37 Commerce Avenue. On the 18`h day of September, zoos, the South Burlington Development Review Board approved a site plan for Joe Eddy Holdings, LLC under Section 26.io of the South Burlington Zoning Regulations based on the following findings: i. The owner of record of this property is Joe Eddy Holdings, LLC. z. This project consists of a site plan application to construct a 13,175 sq. ft. warehouse, storage, and distribution building, 37 Commerce Avenue. 3. This property is located within the Mixed Industrial and Commercial District. It is bounded on the north by Commerce Avenue, on the west by a commercial/industrial property on the south by a vacant lot, and on the east by a commercial/industrial property. 4. Access/Circulation: Access is proposed via a 34 ft. curb cut on Commerce Avenue. Circulation on the site is adequate. 5. Coverage/Setbacks: Building coverage is proposed to be 25.9% (30% max allowed). Total lot coverage is proposed to be 68.1-/. (70% max allowed). Front yard coverage is proposed to be 28.40% (30% max). All setback requirements are being met. 6. Parking: A total of 15 spaces are provided including one handicapped space as required. The applicant has not provided information on the sq. footage of office space, number of non -office employees, or number of company vehicles as the tenants for this building have not yet been finalized. The applicant should be required to submit information on the sq. footage or other space, number of non -office employees, and number of company vehicles to the Director of Planning and Zoning prior to occupancy of the building. The applicant should contact the Director of Planning & Zoning and he/she would review the proposed uses to make certain that the tenants do not exceed the fifteen spaces approved by the Development Review Board. 7. Traffic: The subdivision of which this lot was a part, required that each lot contribute towards the improvements of the Ethan Allen Drive/Shamrock Road/Airport Parkway intersection. This impact fee is $88o per lot. 8. Landscaping: The minimum landscaping requirement, based on building costs, Of $7,500 is being met. The applicant is proposing Eastern White Cedars, Blue Chip Junipers, Honey Locust Trees, and Yellow Twig Dogwood. Page #z 9. Sewer: The sewer allocation requested is 240 g.p.d. The applicant will be required to pay the per gallon impact prior to issuance of a zoning permit. 10. Lighting: The applicant has proposed seven (7) ioo watt high pressure sodium Rudd wall lights mounted at a height of 15 feet. All lights must be downcasting and shielded. Any changes to the lighting should be approved by the Director of Planning and Zoning prior to installation. ii. Dumpsters: A dumpster is proposed to the rear of the building. Iz. Other: The site plan for 41 Commerce Avenue will have to be amended to approve the access connection to 37 Commerce Avenue. This should be approved before the Certificate of Occupancy is issued for the new building. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-01-55 of Joe Eddy Holdings, LLC for a 13,175 sq. ft. warehouse, storage, and distribution building, 37 Commerce Avenue, as depicted on a two (z) page set of plans, page one (i) entitled, "Ethan Allen Farms Industrial Subdivision South Burlington, Vermont Joe Eddy Holdings, LLC Site Plan -Lot 29, 37 Commerce Avenue", prepared by Lamoureaux, Dickinson Consulting Engineers, Inc., dated 7/24/01, last revised on 9/5/oi with the following stipulations: i. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. z. The plan shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Three (3) copies of the approved revised plan shall be submitted to the Director of Planning & Zoning prior to permit issuance. a. The site plan shall be revised to incorporate the City Arborist's recommendations. 3. The applicant shall pay a traffic impact fee of $88o as required by the original subdivision approval prior to issuance of a zoning permit. 4. All new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lights shall be approved by the Director prior to installation. 5. The applicant shall post a $7,500 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 6. The applicant shall pay the sidewalk fee of $i5 per linear foot of frontage as required by the original subdivision approval prior to issuance of a zoning permit. Page #3 7. Prior to issuance of a Certificate of Occupancy/Compliance, the applicant shall provide to the Director: i) the sq. footage of office space, z) the number of non -office employees, and 3) the number of company vehicles operating from the premises. This information shall be used to determine the parking requirements. A Certificate of Occupancy/Compliance can only be issued if the parking requirements do not exceed the 15 spaces provided. 8. The Development Review Board approves a sewer allocation of 240 g.p.d. The applicant shall be required to pay the per gallon fee prior to permit issuance. 9. The building shall be sprinklered and include a fire alarm. io. Prior to the issuance of a Certificate of Occupancy/Compliance, the applicant shall obtain a site plan approval and a zoning permit to amend the site plan for 41 Commerce Avenue for the proposed access connection. ii. All exterior lights shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director of Planning & Zoning prior to installation. iz. The depressed curb at the entrance shall have a one and one-half inch reveal, and shall not be flush as shown on the plans. 13. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval will be null and void. 14. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 15. Any change to the site plan shall require approval by the South Burlington Development Review Board. Chairman/flerk South Burlin,ta(f Date / /.' /o Q t 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 3o 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).