HomeMy WebLinkAboutCU-07-06 SP-07-73 - Decision - 1011 Airport Parkway#CU-07-06
#SP-07-73
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHITTENDEN SOLID WASTE DISTRICT -1011 AIRPORT PARKWAY
CONDITIONAL USE APPLICATION #CU-07-06
SITE PLAN APPLICATION #SP-07-73
FINDINGS OF FACT AND DECISION
Chittenden Solid Waste District, hereafter referred to as the applicant, is seeking
conditional use approval to amend a previously approved plan for 5355 sq. ft. hazardous
waste collection facility. The amendment consists of: 1) adding pavement to improve
truck circulation, 2) constructing a containment wall around existing waste oil tank, and
3) providing a location for storage of empty barrels, 1011 Airport Parkway.
Chittenden Solid Waste District is also seeking site plan approval to amend a previously
approved plan for a 5355 sq. ft. hazardous waste collection facility. The amendment
consists of: 1) adding pavement to improve truck circulation, 2) constructing a
containment wall around existing waste oil tank, and 3) providing a location for storage
of empty barrels, 1011 Airport Parkway.
The Development Review Board held a public hearing on Tuesday, November 6, 2007.
Brian Wright represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking conditional use approval to amend a previously
approved plan for 5355 sq. ft. hazardous waste collection facility. The
amendment consists of: 1) adding pavement to improve truck circulation, 2)
constructing a containment wall around existing waste oil tank, and 3) providing a
location for storage of empty barrels, 1011 Airport Parkway.
2. The applicant is also seeking site plan approval to amend a previously approved
plan for a 5355 sq. ft. hazardous waste collection facility. The amendment
consists of: 1) adding pavement to improve truck circulation, 2) constructing a
containment wall around existing waste oil tank, and 3) providing a location for
storage of empty barrels, 1011 Airport Parkway.
3. The owner of record of the subject property is the City of South Burlington.
4. The subject property is located in the Municipal Zoning District.
5. The plan submitted is entitled, "Environmental Depot Chittenden Solid Waste
District Site Plan", prepared by Chittenden Solid Waste District, dated 5/15/07.
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CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The subject property is located within the Municipal Zoning District, whose stated
purpose is to "provide for public schools, municipal services including but not limited to
administration, police, fire, water, street and sewer services, landfills, operations of other
municipal corporations as set forth in 24 VSA (municipal corporations such as CSWD)."
The existing use and proposed changes are in compliance with the planned character of
the area.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
Again, the subject property is located within the Municipal Zoning District, whose stated
purpose is to "provide for public schools, municipal services including but not limited to
administration, police, fire, water, street and sewer services, landfills, operations of other
municipal corporations as set forth in 24 VSA (municipal corporations such as CSWD)."
The existing use and proposed changes are in compliance with the planned character of
the area.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services. Rather, the intentions of the
proposed changes are to create greater efficiency thereof.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
The subject property and buildings are located deep within the parcel and are largely
concealed from public view. The proposed changes will not adversely affect the ability of
adjacent properties to develop for appropriate uses.
(c) Traffic on roads and highways in the vicinity.
The proposal will not affect traffic in the vicinity.
(d) Bylaws in effect
The existing building on site, and the proposed new pavement, is located within the
Interstate Highway Overlay District, which extends 150 feet from the edge of the
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Interstate 89 Right -of -Way. Pursuant to Section 10.04 of the South Burlington Land
Development Regulations, encroachment may be permitted into this overlay district if it
is "necessary for the purposes of providing for or improving public facilities." The Board
concurs with the applicant that the proposed changes will improve the public facilities of
the Chittenden Solid Waste District. The Board further finds that the proposed
improvements meet the standards outlined in Section 10.04(D) of the South Burlington
Land Development Regulations, pertaining to encroachment of municipal buildings into
the IHO District.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The proposed project will only improve the transition from structure to site and from
structure to structure.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
There are no changes to the parking as part of this application.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and
existing or adjoining buildings.
The existing height of the building is 26 feet which is well below the permissible building
height.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
The only proposed change to the existing building is to lower the roof line on the existing
canopy on the north end.
(fl Proposed structures shall be related harmoniously to themselves, the terrain,
and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures.
The proposed project will have little impact to the surrounding terrain and existing building.
Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
It is not necessary to require any additional access to abutting properties.
(b) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
It has already been stated that pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines, services, and service modifications shall be
underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not
escape the enclosure(s).
There are no needs to revise the site plan with respect to this criterion.
(d) Landscaping and Screening Requirements
Because no buildings are proposed, there are no requirements for additional landscaping.
Access/Circulation
Access and circulation on the property will remain unchanged through the proposed
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project.
DECISION /�
Motion by L �� �✓/� , seconded by Gal\ a-1 to
approve Conditional Use Applicatio #CU-07-06 and Site Plan Application P-07-73 of
Chittenden Solid Waste District, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in full effect.
2. This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 17.04 of the Land Development Regulations, or this approval is null and
void.
4. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to use of the approved site modifications.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — er&/nay/abstain/not present
Matthew Birmingham —&/nay/abstain/not present
John Dinklage — e nay/abstain/not present
Roger Farley — e /nay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — /nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of J - b - z%
Signed this day of2007, by
Z'17John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy;
finality).
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