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HomeMy WebLinkAboutSP-95-0000 - Decision - 0049 Commerce AvenueFINDINGS OF FACT & DECISION <7 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 1 I 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. 2 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 3 N 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. ---- X�,- A, / t-L,4- Chaitmall �3r Clerk South Burlington Planning Commission Date 4