HomeMy WebLinkAboutCU-03-02 SP-03-02 - Decision - 0057 Commerce AvenueCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
MULTIPLE USES — 57 COMMERCE AVENUE
SITE PLAN #SP-03-02 & CONDITIONAL USE #CU-03-02
FINDINGS OF FACT, CONCLUSIONS & DECISION
Kenneth P. Smith, hereafter referred to as the applicant, is requesting site plan and
conditional use approval for new construction of a 9,450 sq. ft. multiunit structure to be
used for a mix of uses, including 9 permitted uses and 3 conditional uses. The South
Burlington Development Review Board (DRB) held a public hearing on March 18, 2003.
Based on testimony given at the above mentioned public hearing and on the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes and decides as follows:
FINDINGS OF FACT
The applicant is requesting site plan and conditional use approval for
construction of a 9,450 sq. ft. building to be used for a mix of uses, including 10
permitted uses and 3 conditional uses as possible uses at 57 Commercial
Avenue. Specifically, the applicant requests an umbrella permit to allow the
following permitted and conditional uses:
Permitted Uses.
15.101 General office
15.102 Medical office
15.103 Light manufacturing
15.104 Research and testing laboratories
15.105 Printing, bookbinding, publishing and engraving
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 the permitted uses listed above.
Conditional Uses.
15.204 Rental of equipment and miscellaneous items
15.205 Automobile repair and service
15.208 Indoor and outdoor recreational facilities
15.230 Accessory uses to the conditional uses listed above.
2. The subject property is Lot 24 of the Ethan Allen Industrial Park Subdivision
Phase 3 approved by the South Burlington Planning Commission on August 25,
1987, subject to 15 conditions.
3. Kenneth P. Smith is the record owner of the property (warranty deed in Volume
527, Page 761 of the city land records). The property is identified as Tax Parcel
0435 00057 C.
FINDINGS OF FACT, CONCLUSIONS & DECISION
57 COMMERCE AVENUE - #SP-03-02 & #CU-03-02
4. The subject property contains 47,743 sq. ft. and is located in the Mixed Industrial
and Commercial (IC) and Conservation and Open Space (CO) Districts. No
development within the CO District is proposed.
CONCLUSIONS
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
1. Section 25.107 of the Zoning Regulations prohibits more than 30% of the front
setback from being used for driveways and parking, and the balance shall be
landscaped. Furthermore, a continuous landscaped strip of 15 ft. in width traversed
only by driveways and sidewalks shall be maintained between the street right-of-
way and the balance of the lot. The applicant's calculations estimate the proposed
front yard coverage is 29.9%.
2. The proposal complies with the maximum building coverage, maximum overall lot
coverage, maximum building height, and setback requirements of the IC District.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 26.102 of the Zoning Regulations, the DRIB may consider the
following in its review of a site plan application:
(a) Pedestrian and vehicular access.
3. Vehicular access is provided via a 24 ft. ingress and egress curb cut on
Commerce Avenue. The DRIB concludes that this is adequate
4. No sidewalk is proposed; however, condition #14 of the 1987 subdivision
approval required a contribution of $15 per linear frontage foot toward the
development of city sidewalks as lots were developed. The frontage on the
subject property is 120 ft. Therefore, a contribution of $1,800 is required.
(b) Circulation.
5. Circulation is proposed to be two-way throughout the site. Internal aisle widths
within the parking lot far exceed 24 ft., which is adequate for two-way traffic.
(c) Parking.
6. The site plan shows 22 parking spaces, including 1 reserved handicapped
parking space as required by Section 26.253(a) of the Zoning Regulations.
Pursuant to Section 26.251 of the Zoning Regulations, curb length for parking
spaces must be 9 ft. with a depth of 18 ft. Accordingly, the plans indicate
dimensions of 9 ft. by 18 ft.
7. Pursuant to Section 26.253(b), bicycle parking shall be provided for employees
and patrons on the subject property. No bicycle parking is provided. Adequate
loading space is provided.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
57 COMMERCE AVENUE - #SP-03-02 & #CU-03-02
(d) Landscaping, screening and outdoor lighting.
8. The applicant has provided an estimated construction cost of $200,000. Based
on this estimate and pursuant to Section 26.105 of the Zoning Regulations,
minimum planting costs must exceed $6000. The proposed plantings will meet
the required minimum landscaping costs. However, Crimson King Maple, or
Norway Maple, has become a pest species in Vermont. A similar salt tolerant
species should be substituted for the Crimson King Maples.
9. Seven wall mounted, down shielded 100W high pressure sodium lights are
proposed. Mounting height and cut sheet details are not provided.
10. No dumpsters or outdoor trash areas are shown on the plans. All outdoor trash
storage facilities need to be indicated on the plans. Furthermore, all such
facilities must be screened from view.
(e) Other
11. Water Superintendent Jay Nadeau has reviewed the plans and provided a
number of comments. In particular, Mr. Nadeau notes that the city does not have
sufficient water storage capacity for new projects requiring more than 1,000
gallons per day, and that no construction shall be permitted that may restrict or
encumber water supply for the city's current customers.
12. City Engineer Bill Szymanski has reviewed the proposed plans and provided a
number of comments dated March 13, 2003. The applicant must meet the
requirements outlined by and address the comments of the City Engineer.
CONDITIONAL USE CRITERIA
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
13. The applicant proposes a maximum average daily traffic generation of 90 vehicle
trip ends per day, 27 trip ends at the AM peak hour and 10 trip ends at the PM
peak hour. No residential uses are proposed. Based on the proposed traffic
levels, the DRB concludes that the proposal will not adversely affect municipal
services.
14. Condition #13 of the 1987 subdivision approval required a traffic impact fee of
$880 per lot as lots in the subdivision were developed. Therefore, the applicant
must pay the $880 traffic impact fee.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
15. The DRB concludes that the proposal is in keeping with development on
surrounding properties and will not adversely affect the character of the area or
the ability to develop adjacent properties.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
57 COMMERCE AVENUE - #SP-03-02 & #CU-03-02
(c) Traffic on roads and highways in the vicinity.
16. Again, the applicant proposes a maximum average daily traffic generation of 90
vehicle trip ends per day, 27 trip ends at the AM peak hour and 10 trip ends at
the PM peak hour. The DRB concludes that this will not adversely affect service
levels on roads and highways in the vicinity. However, the applicant must pay the
$880 traffic impact fee.
(d) Bylaws in effect.
17. The proposed development and uses are in keeping with current regulations.
(e) Utilization of renewable energy resources.
18. No development or uses are proposed that would affect renewable energy
resources.
(f) General public health and welfare
19. The proposed development and uses will not have an adverse affect on general
public welfare.
DECISION
MOTION by Gail Quimby, seconded by Roger Farley, to approve site plan application
#SP-03-02 and conditional use application #CU-03-02, subject to the following
conditions:
All exterior lighting shall be downcasting and fully shielded to minimize glare and
prevent excess light from shining onto adjacent properties or rights -of -way.
2. The applicant shall meet all requirements outlined in the Water Superintendent's
letter dated March 7, 2003, and the City Engineer's comments dated March 13,
2003.
3. This approval will allow the following uses, which are currently allowed within the IC
District:
a. Permitted uses: general office; medical office; light manufacturing;
research and testing laboratories; printing, bookbinding, publishing and
engraving; wholesale establishments; warehousing, storage and
distribution facilities; contractors' yards not including retail; equipment
service and repair shops not including retail; and accessory uses to these
permitted uses.
b. Conditional uses: rental of equipment and miscellaneous items;
automobile repair and service; indoor and outdoor recreational facilities;
and uses accessory to these conditional uses.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
57 COMMERCE AVENUE - #SP-03-02 & #CU-03-02
C. If the city's regulations change so that any of the above uses are no
longer allowed within the subject zoning district, such uses will no longer
be approved on the subject property.
4. No mix of uses or change of use shall require more than 22 parking spaces on the
subject property, or cause there to be more than 10 vehicle trip ends generated
from the subject property during the PM peak hour as estimated from ITE data.
5. The applicant shall obtain approval from the Director of Planning and Zoning
prior to the occupancy or change of any tenant on the subject property. The
Director shall approve the proposed new tenant only if the proposed use fits
within the limitations established by this decision. In making such a
determination, the Director shall apply the parking standards as set forth in the
South Burlington Zoning Regulations and/or Land Development Regulations and
trip generation rates provided by the Institute of Transportation Engineers. If the
proposed use does not clearly fit within the parameters of this decision, or if a
shared parking concept is proposed to meet the parking limit imposed by this
decision, the applicant must obtain the approval of the DRB for the proposed
use.
6. The applicant shall obtain a zoning permit within six months of this decision
pursuant to Section 27.302 of the South Burlington Zoning Regulations.
7. Prior to the issuance of a zoning permit, the applicant must provide a performance
bond or other form of surety in the amount of $6000 to guarantee the completion of
all required landscaping and site restoration. The performance bond shall
guarantee all plantings for a period of three years.
8. Prior to the issuance of a zoning permit, the applicant must provide the following:
a. The plans must be revised to show outside storage areas and what shall be
stored in those areas.
b. The plans must be revised to show a bike rack on the subject property.
C. The plans must be revised to show all outdoor trash facilities, which must be
screened from view.
d. The proposed maple street trees must be replaced with a similar tree
species that has not been determined to be an invasive species in Vermont.
e. The applicant must obtain final water allocation approval from the South
Burlington Water Superintendent.
The plans must be revised to indicate the height of all exterior lighting
fixtures.
g. The applicant must submit cut sheet details for the exterior lighting fixtures.
h. The applicant must submit 3 sets of revised plans to the Department of
Planning and Zoning.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
57 COMMERCE AVENUE - #SP-03-02 & #CU-03-02
The applicant must pay a traffic impact fee of $880 and $1,800 toward the
development of city sidewalks.
9. Prior to occupation of any area for which use has been approved and/or changed,
the applicant shall obtain a certificate of occupancy/compliance from the
Administrative Officer.
Mark Boucher —yea/nay/abstain
John Dinklage —yea/nay/abstain
Roger Farley—yea/nay/abstain
Gayle Quimby —yea/nay/abstain
MOTION CARRIED by a vote of 4-0-0.
Signed this E day of / rl G'�" , 2003, by
/f
hn Dinkla9a, Chair
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