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HomeMy WebLinkAboutCU-01-08 SP-01-15 - Decision - 0073 Ethan Allen Drive#CU-01-08 & #SP-01-15 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use application 4CU-01-08 and site plan application #SP-01-15 of Waste Systems International, Inc. seeking conditional use approval from Section 26.65 Multiple Structures and Uses on Lots of the South Burlington Zoning Regulations. Request is for permission to allow automobile repair and service use in conjunction with a truck terminal, 73 Ethan Allen Drive. On the I st of May, 2001, the South Burlington Development Review Board approved the conditional use application under Section 26.05 and site plan under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: This project consists of a site plan application and conditional use application of Waste Systems International, Inc. for permission to allow automobile repair and service use in conjunction with a truck terminal, 73 Ethan. Allen Drive. The Development Review Board previously approved a site plan application and conditional use application for this property on August 1.5, 2000 which has since expired. The applicant is seeking reapproval. 2. The owners of record are Joseph Kelly and Sean Kelly. 3. Access/Circulation: Access is provided via a thirty one (31) foot egress only curb cut on Commerce Avenue and via a thirty three (33) foot ingress only curb cut on Ethan Allen Drive. These two curb cuts are connected via a 24 foot wide access drive. Circulation on this site is adequate. 4. Coverage/Setbacks: Building coverage will remain unchanged at 7% (30% max). Overall coverage will increase from 58% to 65% (70% max). The existing front yard coverage on Commerce Avenue is 63% (30% max). The applicant has proposed removing a portion of the gravel area along Commerce Avenue to bring the Commerce Avenue front yard coverage down to 30%. The front yard coverage on Ethan Allen Drive is 25% and will remain unchanged (30% max). All setback requirements are met. 5. Parking: The applicant proposed a total of forty one (41) parking spaces and thirty five (35) spaces are required. Two (2) handicapped parking spaces are being provided as required. A bike rack is provided. 6. Traffic: The existing uses are estimated to generate 9.9 P.M. peak vehicle trip ends. The proposed uses will generate no additional P.M. peak hour vehicle trip ends. 7. Sewer: No additional allocation requested. 8. Landscaping: There is no minimum landscaping requirement based on building costs. No additional landscaping recommended. 9. Lighting: All lighting must be downcasting and shielded. Cut sheets for all proposed and existing lighting should be submitted for approval by the Director of Planning & Zoning. 10. Dumpsters: The plans illustrate a screened dumpster area. 11. Conditional Use Criteria: The proposed uses comply with the stated purpose of the IC District to "encourage general industrial activity and office buildings. The proposed uses will not adversely affect: a) The capacity of existing or planned community facilities. No affect expected. b) The character of the area affected. No adverse affect is expected. c) Traffic on roads or highways in the vicinity. The proposed uses are not expected to impact traffic adversely. d) Bylaws in effect. The proposal is in conformance with the zoning regulations. e) Utilization of renewable energy resources. There is no utilization of renewable energy resources to be affected. f) General public health and welfare. No adverse affect expected. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board conditional use application #CU-01-08 and site plan application #SP-0I-15 of Waste Systems International, Inc. seeking conditional use approval from Section 26.65 Multiple Structures and Uses on Lots of the South Burlington Zoning Regulations. Request is for permission to allow automobile repair and service use in conjunction with a truck terminal, 73 Ethan Allen .Drive, as depicted on a plan entitled "Site Plan of 73 Ethan Allen Parkway" prepared by Bradford Holden, last revised on 3/27/01, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 2. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 3. Any new exterior lighting shall consists of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. Prior to permit issuance, the applicant shall submit exterior lighting details (cut -sheets) for all existing lights. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the establishment of the new approved use. 6. Any change to the site plan shall require approval by South Burlington Development Review Board. z-o o l Chair or Clerk Date South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R. C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d) (exclusivity of remedy; finality).