HomeMy WebLinkAboutSP-95-0000 - Decision - 0049 Commerce AvenueFINDINGS OF FACT & DECISION
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STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Kenneth Smith to construct a
25,000 square foot building for a multiple of commercial and
industrial uses for a maximum of 10 tenants, 49 and 53 Commerce
Avenue.
On the 13th day of June, 1995, the South Burlington Planning
Commission approved the request of Kenneth Smith 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 25,000 square
foot building for a multiple of commercial and industrial uses for
10 tenants on two (2) lots which will be merged into one (1) lot.
The ZBA on 6/12/95 will consider the applicant's request for a
conditional use permit for the multiple use of the building.
2. This property located at 49 and 53 Commerce Avenue lies within
the IC and CO Districts. They are bounded on the east and west by
undeveloped lots, on the south by undeveloped property and on the
north by Commerce Avenue.
3. The applicant is requesting to use the proposed building for 10
tenants 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 65 parking spaces, would not generate more than
3000 gpd in sewer demand and would not generate more than 30
vehicle trip ends during the P.M. peak hour. 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
15.111 Equipment service and repair shops not including
retail
5. Access/circulation: Access is to be provided via two (2) 24
foot wide curb cuts on Commerce Avenue. Section 26.103(a) of the
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zoning regulations states that "unless specially approved by the
Planning Commission there shall be a maximum of one driveway per
lot accessing a public street". Staff supported the two (2) curb
cut design due to the nature and size of the building and the site
layout. This design will facilitate traffic circulation.
Circulation is adequate.
6. Coverage/ setbacks: Building coverage is 22.3% (maximum allowed
is 30%). Overall coverage is 68.7% (maximum allowed is 70%).
Front yard coverage is 23.4% (maximum allowed is 30%).
Setback requirements will be met.
7. Parking: A total of 65 parking spaces are available for the
proposed uses.
8. Landscaping: The minimum landscaping requirement, based on
building costs, is $15,000 which is being met. Plantings will
include Red Maple, Crabapple, Austrian Pine, Willow and American
Elder.
9. Traffic: The applicant is requesting approval for a maximum of
30 vehicle trip ends (vtels) during the P.M. peak hour. The
applicant was made aware that the road impact fee for 30 vte's is
approximately $6,000.
10. Sewer: The sewer allocation requested is 3000 gpd. The
applicant will have to pay the per gallon fee prior to permit
issuance.
11. Dumpster: The dumpster storage area will be screened with a
stockade fence.
12. Lighting: Exterior lighting will consist of seven (7) 70 watt
high pressure sodium building mounted downcasting and shielded
fixtures.
13. C.O. District: The southerly portion of the project is within
a C.O. District resulting from a wetland and wetland buffer area.
Approximately 25 feet of the paved parking area will be encroaching
into the wetland buffer. The Natural Resources Committee reviewed
these plans at their May 9, 1995 meeting and made suggestions to
mitigate the impact to the wetland area. This plan incorporates
those suggestions. The plan should be revised to show the limits
of the C.O. District which is 50 feet to the north of the bottom of
the bank.
14. Sidewalk: The subdivision approval which included this lot
required that the developer either contribute $15 per linear foot
frontage or build the sidewalk along the frontage. Staff
recommended that the developer pay the fee.
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DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of Kenneth Smith to
construct a 25,000 square foot building for a multiple of
commercial and industrial uses for a maximum of 10 tenants, 49 and
53 Commerce Avenue, as depicted on a four (4) page set of plans,
page one (1) entitled "Ken Smith Property, Lots 25 & 26 South
Burlington, Vermont, Site Plan", prepared by FitzPatrick-Llewellyn,
Inc., dated April, 1995, last revised 5/31/95, with the following
stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. This approval is for the following uses which are currently
permitted in the Industrial and Commercial District: light
manufacturing; warehouse, storage and distribution facilities;
research and testing laboratories; wholesale establishments; and
equipment service and repair shops not including retail. 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 65 parking spaces,
3000 gpd sewer allocation, and 30 P.M. peak hour trip ends.
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, trip generation rates contained in the
I.T.E. Trip Generation Manual, 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 3000 gpd of approved sewer
allocation.
6. Any new exterior lighting shall consist of downcasting shielded
fixtures so as not to cast light beyond the property line. Any
change in lighting shall be approved by the City Planner prior to
installation.
7. The plans shall be revised prior to issuance of a zoning permit
to show the changes listed below and shall require approval by the
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City Planner. Three (3) copies of the approved revised site plan
shall be submitted to the City Planner prior to permit issuance.
a) The site plan shall be revised to show the limits of the
C.O. District located at the southerly portion of the site.
8. The applicant shall post a $15,000 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.
9. The applicant shall pay the sidewalk fee of $15 per linear foot
of frontage as required by the original subdivision approval prior
to issuance of a zoning permit.
10. The Planning Commission approves two (2) driveways for this
property pursuant to Section 26.103(a) of the zoning regulations.
It is the Commission's opinion that due to the nature and size of
the building and the site layout, the two (2) driveway design will
facilitate traffic circulation.
11. The applicant shall submit a lot merger agreement for approval
by the City Attorney. This agreement shall be recorded in the land
records prior to issuance of a zoning permit.
12. The applicant shall obtain a zoning permit within six months
or this approval is null and void.
13. The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to
occupancy of any new tenant space.
14. Any changes to the site plan shall require approval by the
South Burlington Planning Commission.
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Chaitmall �3r Clerk
South Burlington Planning Commission
Date
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