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HomeMy WebLinkAboutSP-01-73 - Decision - 0049 Commerce Avenue#SP-01-73 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: site plan application # SP-01-73 of K. P. Smith to amend a previously approved site plan which includes: 1) increasing the lot size, and 2) increasing the amount of parking and storage on the newly acquired lot, 49 Commerce Avenue. On the 6th of November, 2001, the South Burlington Development Review Board approved the site plan application under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of amending a previously approved site for a 35,000 sq. ft. building for a multiple of commercial and industrial uses. The amendment consists of. 1) increasing the lot size, and 2) increasing the amount of parking and storage on the newly acquired lot, 49 Commerce Avenue. 2) The owner of record is K. P. Smith. 3) This property is located within the Mixed Industrial and Commercial District. The property is bound to the north by Commerce Avenue on the east and west by light commercial industry, the south by undeveloped land and wetland. SITE PLAN CRITERIA 4) Coverage/ Setbacks: There are no proposed changes to front yard coverage or setbacks. There is a change in total and building coverage. Total coverage is 68.7% and proposed is 68.5%(maximum allowed is 70%) and building coverage is 22.3 % proposed is 18.8% (maximum allowed is 30%). 5) Parking: The last approved plan showed 65 parking spaces. This plan should be revised to show the same 65 spaces including three (3) handicapped spaces and a bike rack. The site should be striped as shown on the revised plan. 6) Landscaping: The plan should be revised to show all existing landscaping. Additional landscaping is proposed along the rear of the newly acquired area with a value of $4860. 7) C.O. District/Wetland Buffer: Encroachment is proposed within the 50-foot C.O. District/Wetland Buffer on the newly acquired land. Section 3.503 of the zoning regulations allows encroachment if it will not significantly affect adversely the attributes provided in Section 3.503 (a)-(e). The applicant submitted a letter from Brian Tremback addressing the impact of the proposed encroachment. C 8) D11Msters: The dumpster storage area should be screened and so noted on the plans. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-01-73 consisting of amending a previously approved site plan for a 12,500 sq. ft warehouse. The amendment is to increase the size of the lot at 49 Commerce Avenue as depicted on a site plan entitled "K. P. Smith Lots 25-27 Commerce Avenue, South Burlington, VT Site Plan and Boundary Line Adjustment Plat", prepared by Lamoureux & Dickinson Consulting Engineers Inc., dated 6/08/01, last revised 10/31/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plan shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved revised plan shall be submitted to the Director prior to permit issuance. a) The plan shall be revised to show the 65 spaces including three (3) handicapped spaces and a bike rack as shown in the last approved plan. b) The plan shall be revised to show all existing landscaping. c) The plan shall be revised to show the screened dumpster storage area. d) The plan shall be revised to show a fence with an evergreen buffer to screen the new outside storage area. e) The plan shall be revised to note the location of the new outside storage area. 3) Prior to issuance of a zoning permit, the applicant shall post a landscape bond in an amount of $4860. The bond shall remain in effect for a three (3) year period to assure that the landscaping takes root and has a good chance of surviving. 4) The lot shall be striped as shown on the approved revised plan before issuance of a Certificate of Occupancy/Compliance for the outside storage area. 5) The Board approves the encroachment in to the C.O. District/wetland buffer. It is the Board's opinion that the encroachment will not significantly adversely affect the attributes in Section 3.503 (a-e) of the zoning regulations. 6) Any change to the site plan shall require approval by the South Burlington Development Review Board. 7) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the new outside storage area. 2 8) 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 Chair or Clerk Date South Burlington Development 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.RCP. 76, in writing, within 30 days ofthe date this decision is issued. The fee is $150.00. Ifyou 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).