HomeMy WebLinkAboutSP-97-0000 - Decision - 0041 Commerce AvenueFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of E&M Mechanical, Inc., for
the construction of a 14,000 square foot building for a multiple
of commercial and industrial uses for a multiple number of
tenants, 41 Commerce
Avenue
On the 16 t h day of December, 1997, the South Burlington Planning
Commission approved the request of E&M Mechanical, Inc., for site
plan review under Section 26.10 of the South Burlington Zoning
Regulations based on the following findings:
1. This project consists of the construction of a 14,000 square
foot building for a multiple of commercial and industrial uses
for a multiple number of tenants. The ZBA on January 12, 1998
will consider a request for a conditional use permit for the
multiple uses.
2. This property located at 41 Commerce Avenue lies within the
IC District and 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. The applicant is requesting to use the proposed building for
any of the permitted uses listed below. This request is being
made with the provision that all the uses would not require more
than 15 parking spaces, and would not generate more than 350 gpd
in sewer demand. The reason for this request is)so the applicant
can have the flexibility of changing tenants whose uses fall
within the approved sewer, traffic and parking limits without
having to return to the Planning Commission each time. When a
use is to be changed, the applicant would contact the City
Planner and he would review the existing uses and the proposed
use to make certain that it does not exceed the upper limits
approved by the Planning Commission.
4. Uses being requested are as follows:
15.103 Light manufacturing
15.104 Research and testing laboratories
15.106 Wholesale establishments
15.107 Warehousing, storage and distribution facilities
15.109 Contractors' yards not including retail
15.111 Equipment service and repair shops not including
retail
15.113 Accessory uses to uses listed above
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Staff recommended that the use "contractors' yards not including
retail" not be approved at this time unless the applicant can
identify the storage area used by the contractor.
5. Access/circulation: Access will be provided by a 28 foot
curb cut on Commerce Avenue.
Circulation on the site is adequate.
6. Coverage/setbacks: Building coverage is 29.9% (maximum
allowed is 30%). Overall coverage is 67.7% (maximum allowed is
70%). Front yard coverage is 29.9% (maximum allowed is 30%).
Setback requirements are met.
7. Parking: A total of 15 parking spaces including two (2)
handicapped spaces and a bike rack are available for the proposed
uses.
8. Landscaping: The minimum landscaping requirement, based on
building costs, is $6,000 which is not being met. Proposed
landscaping is $711 short of the minimum requirement and includes
Juniper, Honeylocust, Crabapple, Spirea and Cedar. Applicant is
seeking a credit for the street trees and some Honeylocust trees
along the easterly boundary mistakenly planted on the applicant's
property by the adjoining landowner. Staff recommends that the
credit not be granted. The Honeylocust and Crabapple should be
increased to 2 1 - 3" caliper.
9. 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 $880 per lot.
10. Sewer: The sewer allocation requested is 350 gpd. The
applicant will be required to pay the per gallon fee prior to
permit issuance.
11. Dumpster: The dumpster will be located at the rear of the
building and will be screened by the building.
12. Lighting: Exterior lighting will consist of five (5) 100
watt metal halide lamps mounted on the building with downcasting
shielded fixtures.
13, Sidewalk: The subdivision approval which included this lot
required that the developer either contribute $15 per linear
frontage foot or build the sidewalk along the frontage. Staff
recommended that the developer pay the fee. All other developed
lots in this subdivision have paid the fees. Applicant is
requesting that the sidewalk fee not be assessed.
OA
14. Airport Approach Zone: This property is located in the
Airport Approach Zone and is subject to the limitations of
Section 26.45 of the zoning regulations.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington
Planning Commission approves the application of E&M Mechanical,
Inc., for the construction of a 14,000 square foot building for a
multiple of commercial and industrial uses for a multiple number
of tenants, 41 Commerce Avenue, as depicted on a two (2) page set
of plans, page one (1) entitled "Ethan Allen Farms Industrial
Subdivision South Burlington, Vermont E&M Mechanical Inc. Site
Plan - Lot #28 41 Commerce Avenue," prepared by Lamoureux, Stone
& O'Leary Consulting Engineers, Inc., dated 11/3/97, last revised
12/3/97, with the following stipulations:
1) All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2) This approval includes the following uses which are currently
permitted in the IC District: light manufacturing; research and
testing laboratories; wholesale establishments; warehousing,
storage and distribution facilities; equipment service and repair
shops not including retail; and accessory uses to uses listed
above. If the zoning regulations change so that any of the above
uses are no longer permitted, then those uses which are no longer
permitted shall no longer be approved.
3) This approval is conditioned on a maximum of 15 parking spaces
and 350 gpd of sewer allocation.
4) The applicant shall obtain approval from the City Planner
prior to the change of any tenant in the building. The City
Planner shall approve the proposed new tenant only if the
proposed combination of uses fits within the limitations
established in stipulation #3 above. In making his
determination, the City Planner shall utilize the parking
standards contained in Appendix A in the Zoning Regulations, and
sewer flow quantities used by the Vermont Agency of Natural
Resources. If a use is proposed which does not fit clearly
within any of these standards, or if a shared parking concept is
proposed in order to meet the parking limit, the applicant shall
obtain approval from the Planning Commission for the proposed
use.
5) Prior to issuance of a zoning permit, the applicant shall pay
the sewer allocation fee for the 350 gpd of approved sewer
allocation.
6) Any new exterior lighting shall consist of downcasting
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shielded fixtures so as not to cast light beyond the property
line. Any changes in lighting shall be approved by the City
Planner prior to installation.
7) The plan shall be revised to show the changes below and shall
require approval of the City Planner. Three (3) copies of the
approved revised plan shall be submitted to the City Planner
prior to permit issuance.
a) The plan shall be revised to increase the size of the
Honeylocust and Crabapple trees to 2 1" - 311 caliper.
8) Prior to issuance of a zoning permit, the applicant shall pay
the $880 road impact fee as required by the original subdivision
approval.
9) Prior to issuance of a zoning permit, the applicant shall pay
the sidewalk fee of $15 per linear foot of frontage as required
by the original subdivision approval.
10) Prior to issuance of a zoning permit, the applicant shall
post a $6000 landscape bond. The bond shall remain in effect for
three (3) years to assure that the landscaping takes root and has
a good chance of surviving.
11) The applicant shall obtain a zoning permit within six (6)
months pursuant to Section 27.302 of the zoning regulations or
this approval is null and void.
12) The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to the
use of the building.
13) Any change to the site plan shall require approval by the
South Burlington Planning Commission.
14) The proposed trailers on the site shall not be used for
permanent storage of material.
Chairmarf 0-i Cl,'6rk
South Burlington Planning Commission
Date
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