HomeMy WebLinkAboutSP-23-006 - Decision - 0045 Commerce Avenue#SP-23-006
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SHAWN ZWICK – 45 COMMERCE AVE
SITE PLAN APPLICATION #SP-23-006
FINDINGS OF FACT AND DECISION
Shawn Zwick, hereinafter referred to as the applicant, is seeking to amend a previously
approved plan for a 12,500 square foot building consisting of 7,500 sf of warehousing use and
5,000 sf of light manufacturing use. The amendment consists of changing the use of all 12,500 sf
to contractor/building trade facility use, 45 Commerce Avenue.
Based on the plans and materials contained in the document file for this application, the
Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking to amend a previously approved plan for a 12,500 square foot
building consisting of 7,500 sf of warehousing use and 5,000 sf of light manufacturing
use. The amendment consists of changing the use of all 12,500 sf to contractor/building
trade facility use, 45 Commerce Avenue.
2. The owner of record of the subject property is JAB Properties, LLC.
3. The subject property is located in the Mixed Industrial and Commercial Zoning District.
4. The application was received on December 29, 2022.
5. The plan submitted is entitled “Site Plan Amendment on Lot 27 – Ethan Allen Farms
Industrial Park #45 Commerce Ave. – South Burlington,” prepared by O’Leary – Burke
Civil Associates, PLC, dated 4/18/13, and most recently annotated by Jason Barron on
12/29/2022.
ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
No changes affecting compliance with these standards are proposed.
SITE PLAN REVIEW STANDARDS
Only the standards below are affected by this application. All other standards will continue to be
met.
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13.03 Bicycle Parking and Storage
Table 13-3 states that the minimum number of short-term bicycle parking spaces provided
at a commercial use of less than 20,000 square feet shall be four spaces. The most
recently approved site plan for this property shows the short-term bike parking located on
the west side of the building. The Administrative Officer finds these bicycle parking spaces
must adhere to the design guidelines found in Section 13.03.B(2) of the LDRs; namely, the
bike rack(s) must be bolted into a stabilized surface and be of a design approved in LDR
Appendix G.
13.04 Snow Storage
Per Section 13.04(B)(7), “snow storage areas must be specified and located in an area that
minimizes the potential for erosion and contaminated runoff into any adjacent or nearby
surface water.” The snow storage area is indicated on the site plan. The Administrative
Officer find this criterion met.
13.07 Exterior Lighting
Per Section 13.07.A, exterior lighting “shall have such shielding as will direct the light
downward and will prevent the source of light from being visible from any adjacent
residential property or street”. There are no lighting impacts proposed as part of this
application.
14.07 Disposal of Wastes
Per Section 14.07.I, dumpsters “shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s)”. The
existing site plan reserves a location for the future installation of a dumpster and the
associated screening fence. Presently, no dumpster exists on the property, and no
changes or alterations to the dumpster enclosure are being proposed as part of this
application. As such, the Administrative Officer finds this criterion met.
DECISION
Based on the above Findings of Fact, the Administrative Officer herby approves site plan
application #SP-23-006 of Shawn Zwick, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. This project shall be completed as shown on the plan(s) and shall be on file in the South
Burlington Department of Planning and Zoning.
3. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G.
4. Any exterior lighting shall be downcast and shielded per Section 13.07 of the Land
Development Regulations.
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5. The applicant shall obtain a zoning permit for within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy and/or use of the building at 45 Commerce Avenue.
7. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Signed on this 17th day of February, 2023 by
____________________________________________
Marty Gillies, Acting Administrative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing
a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal
must be accompanied with a $233 filing fee and be filed within 15 days of the date of this
decision.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant
state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.