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HomeMy WebLinkAboutSP-23-006 - Decision - 0045 Commerce Avenue#SP-23-006 - 1 - 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. #SP-23-006 - 2 - 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. #SP-23-006 - 3 - 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.