HomeMy WebLinkAboutSP-08-83 - Decision - 0041 Commerce AvenueI
#S P-08-83
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
JOE EDDY HOLDINGS - 41 COMMERCE AVENUE
SITE PLAN APPLICATION #SP-08-83
FINDINGS OF FACT AND DECISION
Joe Eddy Holdings, LLC, hereinafter referred to as the applicant, is seeking site plan
approval to amend a previously approved plan for a 14,000 sq. ft. building for multi
commercial and industrial uses. The amendment consists of converting 4250 sq. ft. of
warehouse, distribution use to light manufacturing use, 41 Commerce Avenue.
The Development Review Board held a public hearing on Tuesday, September 16,
2008. Joe Eddy represented the applicant.
Based on testimony provided at the above mentioned public hearing 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
1. The applicant is seeking site plan approval to amend a previously approved plan
for a 14,000 sq. ft. building for multi commercial and industrial uses. The
amendment consists of converting 4250 sq. ft. of warehouse, distribution use to
light manufacturing use, 41 Commerce Avenue.
2. The owner of record of the subject property is Joe Eddy Holdings, LLC.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The plan submitted is entitled, "E&M Mechanical Inc. Site Plan — Lot #28 41
Commerce Avenue", prepared by Lamoureux & Dickinson Consulting Engineers,
Inc., dated 11/3/97, last revised on 6/25/08.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
IC Zoning District
Re uired
Proposed
�I Min. Lot Size
40,000 SF
41,370 SF
Max. Building Coverage
40%
30.3%
Max. Total Coverage
70%
70%
Max. Front Yard Coverage
30%
27.6%
�l Min. Front Setback
30 ft.
>30ft.
A Min. Side Setback
10 ft.
10 ft.
4 Min. Rear Setback
30 ft.
>30ft.
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.
The existing building accomplishes a desirable transition from structure to structure or from
structure to site.
According to Table 13-2 of the South Burlington Land Development Regulations, the new
proposed combination of uses twenty three (23) parking spaces. Nineteen (19) spaces
including one (1) designated as handicapped are shown on the plan. The applicant is
therefore requesting a parking waiver of four (4) spaces, or 17.4%. The Board has no
concerns regarding this request and recommends approval.
The Development Review Board approves a parking waiver of four parking spaces, or
17.4%.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces are located at the rear or sides of the building.
(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 proposed to the height of the building, which is currently within the
permissible heights of the district.
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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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(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.
There are no changes to this criterion. This requirement is being met.
(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.
The existing building relates harmoniously to the existing buildings in the vicinity.
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 create additional access to the properties that abut the subject
property. An access drive currently exists between this property and 37 Ethan Allen Drive.
(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.
As noted above, 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 depict one (1) dumpster on the southeast corner of the building. However, it is
not clear from this plan whether it is properly screened. The dumpster shall be properly
screened in accordance with the South Burlington Land Development Regulations.
(d) Landscaping and Screening Requirements
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As no additional building is proposed, no additional landscaping is required.
A bicycle rack is shown on the plans.
Appropriate snow storage areas are shown on the plans.
Lighting
No new lighting is proposed as part of this application.
Access/Circulation
No changes to circulation are proposed as part of this application.
TraMc
Due to a previous agreement, this property is not subject to traffic impact fees.
Other
If necessary, the applicant shall obtain wastewater allocation approval from the Director
of Planning and Zoning prior to issuance of a zoning permit.
DECISION
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Motion by T-- ��� , seconded by to approve
Site Plan Application #SP-08-83 of Joe Eddy Holdings, LLC, subject to thef following
conditions:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in full effect.
2. This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning & Zoning.
3. The plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plans shall
be submitted to the Administrative Officer prior to permit issuance:
a. The plans shall be revised to show that the dumpster shall be screened
on all four (4) sides with opaque fencing.
4. The Development Review Board approves a parking waiver of four parking spaces,
or 17.4% for a total of 19 spaces provided.
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5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
6. If necessary, the applicant shall obtain wastewater allocation approval from the
Director of Planning and Zoning prior to issuance of a zoning permit.
7. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 17.04 of the Land Development Regulations or this approval is null and
void.
8. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the newly converted space.
9. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr ye /nay/abstain/not present
Matthew Birmingham — yea/nay/abstain of resent
John Dinklage /nay/abstain/not present
Roger Farley — nay/abstain/not present
Eric Knudsen a ay/abstain/not present
Peter Plumeau — /nay/abstain/not present
Gayle Quimby, — e /nay/abstain/not present
Motion carried by a vote of 6 - D - U
Signed this day of 2008, by
Z5�;2 John Dinklage, Cha'
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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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