HomeMy WebLinkAboutSP-99-60 CU-99-06 - Decision - 0073 Ethan Allen Drive#SP-99-60
#CU-99-06
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use and site plan applications of Waste Systems International,
Inc. to change the use of a 2937 square foot building from a contracting business to an auto
service and repair business, 73 Ethan Allen Drive.
On the 7`'' day of December, 1999, the South Burlington Development Review Board approved
the conditional use and site plan applications of Waste Systems International, Inc. under Sections
26.05 and 26.10 of the South Burlington Zoning Regulations based on the following findings:
1. This project consists of changing the use of a 2937 square foot building from a contracting
business to an auto service and repair business. This change of use has already taken place
without approval.
2. The owners of record of this property are Joseph P. and Sean P. Kelly.
3. This property located at 73 Ethan Allen Drive lies within the IC District. It is bounded on the
north by Ethan Allen Drive, on the south by Commerce Avenue, on the east by an industrial
building complex, and on the west by a vacant lot.
Site Plan Criteria:
4. Landscaping_ There is no minimum landscaping requirement, based on building cost. The
applicant is not proposing any new landscaping. Existing landscaping on the site is sufficient.
5. Access/circulation: Access is provided via a 3 F curb cut on Commerce Avenue and via a 33'
curb cut on Ethan Allen Drive.
Circulation on the site is adequate.
6. Parking: The parking requirement is 4 spaces. The applicant is providing 4 spaces, plus a
handicapped space and a bike rack.
7. Traffic: The applicant is not required to pay a road impact fee.
8. Coverage/setbacks: Building coverage is 7% (maximum allowed is 30%). Overall coverage is
58% (maximum allowed is 70%). The existing front yard coverage on Commerce Avenue is
63%. The maximum allowed is 30%. The applicant is proposing to convert part of the gravel
area to green space in order to comply with the 30% requirement. The front yard coverage on
Ethan Allen Drive is 25% (maximum allowed is 30%).
Setback requirements have been met.
9. Other:
Staff visited the site and observed vehicles parked along the east side of the access drive from
Ethan Allen Drive to the building. The applicant was made aware that vehicle storage in this area
is prohibited. Staff recommended that these vehicles be removed.
Conditional Use Criteria:
1. The proposed auto service use complies with the stated purpose of the IC District to encourage
general industrial activity and office buildings. The proposed use is a commercial use in a location
that will serve adjacent areas and the traveling public and is mutually compatible with industrial
activity.
2. The proposed use will not adversely affect the capacity of existing or planned community
facilities since the majority of the employees currently live and work in the region and will not
create a burden on facilities.
3. The proposed use will not adversely affect the character of the area because the area is zoned
for commercial and industrial uses and an auto service center is a compatible to these uses.
4. The proposed use will not adversely affect the traffic on roads and highways in the vicinity.
The increase in traffic caused by the change in use will be negligible.
5. The proposed use will not adversely affect the bylaws.
6. The proposed use will not adversely affect the utilization of renewable energy resources
because it will not require a significant use of these resources.
7. The proposed use will not adversely affect the general public health and welfare.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the Development Review Board approves the application of
Waste Systems International, Inc. seeking approval from Section 26.05, Conditional Uses, and
Section 26.10, Site Plan Review, of the South Burlington Zoning Regulations. Request is for
permission to operate an automobile repair and service use and site plan application of Waste
Systems International, Inc. to change the use of a 2937 square foot building from a contracting
business to an auto service and repair business, 73 Ethan Allen Drive, as depicted on a plan
entitled "Site Plan of 73 Ethan Allen Parkway Property Owned by Joseph & Sean Kelley
Occupied by Waste Systems International", prepared by Bradford L. Holden, dated August 24,
1999, last revised on 11/29/99, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the change in use will generate zero (0)
additional vehicle trip ends during the P.M. peak hour.
3. Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to
approved lights shall require approval by the Director of Planning and Zoning prior to installation.
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. A depressed concrete curb shall be installed at entrance drives, if none exists.
6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the newly converted space.
7. Arty change to the site plan shall require approval by the South Burlington Development
RL-iew Board.
Chair or Clerk
South Burlington Development Review Board
C>/16, 00
Date