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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. 'i�t; 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. W 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." 3 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. �)%/� r Date 4