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HomeMy WebLinkAboutSP-02-45 - Decision - 0075 Ethan Allen Drive#SP-02-45 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Rene J. Berard to amend a previously approved plan for a 9500 sq. ft. mixed use commercial building consisting of 3900 sq. ft. of general office space, 2100 sq. ft. of warehousing space and 3200 sq. ft. of repair shop use. The amendment consists of constructing a 13,200 sq. ft. addition for a warehousing, storage and distribution facility with outside storage which will include a 600 sq. ft. covered loading dock & a 300 sq. ft. uncovered loading dock, 75 Ethan Allen Drive. On the 17'' day of September 2002, the South Burlington Development Review Board approved the request of Rene Berard for site plan approval under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of amending a previously approved plan for a 9500 sq. ft. mixed use commercial building consisting of 3900 sq. ft. of general office space, 2100 sq. ft. of warehousing space and 3200 sq. ft. of repair shop use. The amendment consists of constructing a 13,200 sq. ft. addition for a warehousing, storage and distribution facility with outside storage which will include a 600 sq. ft. covered loading dock & a 300 sq. ft. uncovered loading dock. This property is also developed with a single family dwelling. 2) The owner of record is Berard Properties, LLC. 3) This property located at 75 Ethan Allen Drive lies within the I-C District. It is bounded on the east and west by commercial/industrial buildings, on the north by Ethan Allen Drive, and on the south by Commerce Avenue. 4) Access/Circulation: Access to the property is provided by three (3) curb cuts. The easterly most curb cut on Ethan Allen Drive is 25 feet in width and serves only the existing single family dwelling. The westerly curb cut on Ethan Allen Drive serves the commercial building and is 24 feet in width. The third curb cut is 20 feet in width and is located on Commerce Avenue. No access changes proposed. 5) Circulation on the site is adequate. 6) Coverage/setbacks: Building coverage is 21.3% (maximum allowed is 30%). Overall coverage is 56.4% (maximum allowed is 70%). Front yard coverage along Ethan Allen Drive is 30% and along Commerce Avenue is 30%. (maximum allowed is 30%) 7) The proposed addition will meet the setback requirements. The existing residence building does not meet the front yard setback requirement. 8) Parking: The existing and proposed uses require a total of 70 spaces and 71 spaces are being provided. Three (3) handicapped spaces are required and three (3) are being provided. Bike racks are being provided as required. 9) Landscaping: The minimum landscaping requirement, based on building costs, is $10,840 which is being met. Proposed plantings will be used to create cedar hedges. 10) Traffic: The 9/20/83 subdivision approval which created this lot required that a strip of land be dedicated to the City to improve Ethan Allen Drive. This contribution exempted the applicant from the road impact fee. 11) Lighting: Proposed lights includes six (6) 150 watt incandescent lamps mounted on the building. Each light will be recessed into the fixture and pointed downward. 12) Dumpsters: The applicant indicated that the dumpsters will be placed at a location that will not be visible from the street. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-02-45 of Rene J. Berard to amend a previously approved plan for a 9500 sq. ft. mixed use commercial building consisting of 3900 sq. ft. of general office space, 2100 sq. ft. of warehousing space and 3200 sq. ft. of repair shop use. The amendment consists of constructing a 13,200 sq. ft. addition for a warehousing, storage and distribution facility with outside storage which will include a 600 sq. ft. covered loading dock & a 300 sq. ft. uncovered loading dock, 75 Ethan Allen Drive, as depicted on a one (1) page plan entitled, "Contractors Yard Building Mountain Air Systems, Inc. 75 Ethan Allen Drive South Burlington Vt." prepared by Julian Goodrich Architect, dated 9/10/02, last revised 9/12/02, with the following stipulations: I. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plan shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Three (3) copies of the approved revised plan shall be submitted to the Director of Planning & Zoning prior to issuance. a. The site plan shall be revised to move parking space # 1 to the south to provide a 15 foot green strip along Ethan Allen Drive. 3. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the addition will generate 0 vehicle trip ends during the P.M. peak hour. 4. All exterior lighting shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director of Planning & Zoning prior to installation. 5. Prior to issuance of a zoning permit, the applicant shall post a $10,840 landscaping bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 6. Prior to permit issuance the City Engineer shall review the approved plan. The plan shall be revised to include any recommendations made by the City Engineer. 7. The applicant shall comply with any recommendations made by the Fire Chief. 8. The applicant shall install screening of the dumpsters if the dumpsters are visible from the street. 9. 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. 10. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the addition. 11. Any change to the site plan shall require approval by the South Burlington Development Review Board. Chair or-C-Wd,C 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 $rgo.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).