HomeMy WebLinkAboutSP-99-18 - Decision - 0081 Ethan Allen DriveSP-99-18
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Kenneth P. Smith to amend a previously approved plan for a
10,000 square foot building (7200 square feet on ground floor and 2800 square feet of mezzanine
space) for a contractor's business. The amendment consists of allowing the building to be used for
a multiple number of commercial and industrial uses for a multiple number of tenants, 81 Ethan Allen
Drive.
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On the / --day of May, 1999, the South Burlington Director of Planning & Zoning approved the
request of Kenneth P. Smith for site plan review under Section 26.10 of the South Burlington Zoning
Regulations based on the following findings:
1. This project consists of amending a plan previously approved on 12/1/87 for a 10,000 square foot
building (7200 square feet on ground floor and 2800 square feet of mezzanine space) for a
contractor's business. The amendment consists of allowing the building to be used for a multiple of
commercial and industrial uses for a multiple number of tenants. The Planning Commission approved
this request on 9/1/98, however, the applicant failed to obtain the zoning permit within the required
6 month time frame, therefore, rendering the approval null and void. The ZBA approved a request
from the applicant for a conditional use permit on 8/24/98.
2. The owner of record of this particular property is Kenneth P. Smith.
3. This property located at 81 Ethan Allen Drive lies within the IC District. It is bounded on the
north by Ethan Allen Drive, on the east and west by industrial and commercial buildings, and on the
south by Commerce Avenue.
4. The applicant requested to use the building for a multiple number of tenants for any of the
permitted and conditional uses listed below. This request was made with the provision that all the
uses would not require more than 33 parking spaces, and would not generate more than 420 gpd in
sewer demand. The reason for this request is so the applicant can have the flexibility of changing
tenants whose uses fall within the approved sewer, and parking limits without having to return to the
Planning Commission each time. When a use is to be changed, the applicant would contact the
Director of Planning & Zoning and he would review the existing uses and the proposed use to make
certain that it does not exceed the upper limits approved by the Planning Commission.
5. Uses requested are as follows:
Permitted Uses
15.103 Light manufacturing
15.104 Research and testing laboratories
15.105 Printing, bookbinding, publishing and engraving
15.106 Wholesale establishments
15.107 Warehousing, storage and distribution facilities
15.109 Contractors' yards not including retail
15.111 Equipment service and repair shops not including retail
Conditional Uses:
15.205 Automobile repair and service
15.209 Educational facilities
15.222 Contractor yards that include retail
6. Access/circulation: Access is provided by two (2) 20 foot curb cuts, one (1) on Ethan Allen
Drive and one (1) on Commerce Avenue. No changes proposed.
Circulation on the site is adequate.
7. Coverage/setbacks: Building coverage is 17.4% (maximum allowed is 30%). Overall
coverage is 65.2% (maximum allowed is 70%). Front yard coverage along Ethan Allen Drive is
16.7% and along Commerce Avenue is 56.7% (maximum allowed is 30%). The front yard
coverage along Commerce Avenue is existing and will not be made worse by this application.
Setback requirements are met.
8. Parking: A total of 33 spaces are available for all uses including two (2) handicapped spaces
and a bike rack.
9. Landscaping There is no minimum landscaping requirement, based on building costs, for this
project. No additional landscaping recommended.
10. Traffic: This property is not subject to the road impact fee because the subdivider 'of this lot
was required to contribute to the cost of improvements to Ethan Allen Drive. This exception
ends on 1/9/05.
11. Sewer: The current sewer allocation is 420 gpd. No additional allocation needed.
12. Dumpster: The dumpster storage area will be screened.
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13. Outdoor storage: There should be no outdoor storage except in the area indicated on the plan
for storage.
14. Lighting Exterior lighting consists of five (5) 75 watt high pressure sodium building mounted
lights with downcasting shielded fixtures.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Director of Planning & Zoning approves
the site plan application of Kenneth P. Smith to amend a previously approved plan for a 10,000
square foot building (7200 square feet on ground floor and 2800 square feet of mezzanine space) for
a contractor's business. The amendment consists of allowing the building to be used for a multiple
number of commercial and industrial uses for a multiple number of tenants, 81 Ethan Allen Drive, as
depicted on a plan entitled, "Kenneth P. Smith Lot 8 Ethan Allen Drive So. Burlington Vermont,"
prepared by Kenneth P. Smith, dated 7/24/98, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. This approval includes the following uses which are currently permitted in the IC District: general
office, medical office; light manufacturing, research and testing laboratories, printing, bookbinding,
publishing and engraving; wholesale establishments; warehousing, storage and distribution facilities;
contractors' yards not including retail; equipment service and repair shops not including retail;
automobile repair and service; educational, federal, state and municipal facilities; and contractors'
yards that include retail. If the zoning regulations change so that any of the above uses are no longer
permitted, then those uses which are no longer permitted shall no longer be approved.
3. This approval is conditioned on a maximum of 33 parking spaces, and 420 gpd sewer allocation.
4. The applicant shall obtain approval from the Director of Planning & Zoning prior to the change
of any tenant in the building. The Director of Planning & Zoning shall approve the proposed new
tenant only if the proposed combination of uses fits within the limitations established in stipulation
#3 above. In making his determination, the Director of Planning & Zoning shall utilize the parking
standards contained in Table 1 of the zoning regulations, and sewer flow quantities used by the
Vermont Agency of Natural Resources. If a use is proposed which does not fit clearly within any of
these standard, or if a shared parking concept is proposed in order to meet the parking limit, the
applicant shall obtain approval from the Planning Commission for the proposed use.
5. Any exterior lighting shall consist of downcasting shielded fixtures. Any change to existing lights
shall require approval by the City Planner prior to installation.
6. There shall be no outdoor storage except in the area on the plan designated "storage."
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7. 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.
8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the newly converted space..
9. Any change to the site plan shall require approval by the South Burlington Planning Commission.
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