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HomeMy WebLinkAboutCU-03-15 - Decision - 1011 Airport ParkwayCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING CSWD — SITE PLAN AMENDMENT CONDITIONAL USE APPLICATION #CU-03-15 FINDINGS of FACT AND DECISION The Chittenden Solid Waste District, hereafter referred to as the applicant, is requesting Conditional Use approval to add two (2) sea containers for empty drum storage, equipment storage, and fluorescent light bulb storage and replace three (3) 1,500 gallon tanks with one (1) 500 gallon double wall waste oil tank and one (1) 10,000 gallon double wall waste oil tank, 1011 Airport Parkway. The South Burlington Development Review Board (DRB) held a public hearing on September 16, 2003. 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 DRB finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting Conditional Use approval to add two (2) sea containers for empty drum storage and replace three (3) 1,500 gallon tanks with one (1) 500 gallon double wall waste oil tank and one (1) 10,000 gallon double wall waste oil tank. 2. The owner of record is the City of South Burlington. 3. The subject property is located in the Municipal (MU) District. 4. The plans consist of two (2) sheets entitled "Final Plans — Environmental Depot — Chittenden Solid Waste District — South Burlington, Vermont, prepared by Griffin International on June 6, 2002, last revised on July 2, 2003. 5. According to Section 7.03 of the South Burlington Land Development Regulations, waste handling and transfer facilities are conditional uses in the MU District. CONDITIONAL USE CRITERIA General Review Standards (Section 14.10(E)) 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 Board feels the proposed additional structures are in -line with the planned character of the area. The site is on municipally -owned land that is located on the outskirts of the City's major industrial lands. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section Z 03(A) of the South Burlington Land Development Regulations, the Municipal District is hereby formed 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, and other municipal used, excluding public recreation. The Board feels the proposed additional structures conform to the stated purpose of the W District. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities Educational facilities will not be affected by the proposed additional structures. (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 Board believes that the proposal is in keeping with the current uses on the property and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition the proposed structures will not have any significant impacts on traffic in the vicinity. (d) Bylaws in effect. The proposed structures are in keeping with bylaws and regulations in effect. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (n General public health and welfare. The Board does not believe that the proposed structures will have an adverse affect on general public health and welfare. Review Standards for Encroachment of Municipal Buildings in IHO District (Section 10.04(D)) (a) Accessory uses not directly related and essential to the functioning of the municipal building shall not be permitted. The Board feels the proposed structures are directly related and essential to the functioning of the municipal facility. (b) A finding is made by the DRB that the proposed municipal building cannot be located outside the IHO District. The Board feels the proposed structures must occur in close proximity to the existing municipal building. The Board feels there is no reasonably practicable alternative location for the municipal building. The Board feels the encroachment is the minimum necessary to operate the proposed municipal building. (c) The maximum extent of the encroachment shall be no more than fifteen (15) feet into the IHO District. The proposed structures do not encroach into the IHO more than the existing building, so the Board feels this requirement is met. DECISION Motion by L u t C rhal, , seconded by G-C n l- 0� 14�7 to approve Conditional tfse Application #CU-03-15, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. The applicant shall obtain a zoning permit within six (6) months of this decision. 4. The applicant shall obtain a certificate of occupancy prior to use or occupancy of the structure. 5. Any changes to the final plan shall require approval of the South Burlington Development Review Board. nay/abstain/not present Chuck Bolton -0 Mark Boucher - e nay/abstain/not resent John Dinklage - yea/nay/abstain/ of res Roger Farley -&nay/abstain/not present Michele Kupersmith - e nay/abstain/not present Larry Kupferman - e nay/abstain/not present Gayle Quimby - e nay/abstain/not present Motion Carried by a vote of C) - o -( Signed this -4 5 day of September, 2003, by John Dinklage, Chair