HomeMy WebLinkAboutCU-02-17 SP-02-34 - Decision - 1011 Airport Parkway#CU-02-17
#SP-02-34
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Conditional use and site plan applications #CU-02-17 #SP-02-34 of Chittenden Solid
Waste District to amend a previously approved site plan for a 5,355 square foot
hazardous waste collection facility, with three (3) 1,500 gallon tanks for waste oil and
flammable liquids storage. The amendment consists of adding additional pavement
within the Conservation & Open Space District, 1011 Airport Parkway.
On the 2& of August 2002, the South Burlington Development Review Board approved
the request of Chittenden Solid Waste District seeking conditional use approval under
Section 26.05 and 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 site plan for a 5,355 square
foot hazardous waste collection facility, with three (3) 1,500 gallon tanks for waste
oil and flammable liquids storage. The amendment consists of adding additional
pavement within the Conservation & Open Space District. The Board previously
granted conditional use approval at the May 21, 2002 DRB meeting, and previously
granted site plan approval at the October 2, 2001.
2) The owner of Record is the City of South Burlington.
3) This property at 1011 Airport Parkway lies within the Municipal and C. O. Districts.
The leased land is bounded on the west by I-89, on the north by undeveloped land, on
the east by the treatment facility and on the south by the closed landfill site.
CONDITIONAL USE CRITERIA
4) Encroachment of municipal facilities, in those areas of the CO District which is
adjacent to interstate highways and/or ramps as set forth in Section 3.101 of the
zoning regulations and which are also adjacent to a Municipal District are subject to
the additional standards for review in Section 3.507 below, and which do not
adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity the proposed use is not expected to
affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of renewable energy
resources to be affected.
fj general public health and welfare - no adverse effect expected.
ADDITIONAL CRITERIA
5) Encroachment of municipal facilities into a CO District which is located along an
interstate highway, as established in subsection 3.101 above, and which is also adjacent
to a Municipal District, may be permitted by the Development Review Board as a
conditional use, subject to the following additional standards:
6) 3.507 (a) Accessory uses not directly related and essential to the functioning of the
municipal facility shall not be permitted within the CO District under these
provisions.
i) The applicant is not proposing any uses not directly related to the functioning
of the facility.
(b) A finding is made that the proposed use cannot be accommodated outside the CO
District because:
ii) There is no reasonable practicable alternative location for the driveway, with
pre-existing investment (the facility) in a site a consideration for the
practicality of alternative locations.
(c) The encroachment into the CO zone is the minimum necessary to operate the
proposed municipal facility.
iii) The new drive is the minimum necessary encroachment into the C.O. District
to operate the proposed municipal facility.
(d) Area of encroachment is located no less then 45 feet from the interstate right-of-way.
iv) The proposed pavement is located no less then 45 feet from the interstate
right-of-way.
(e) The area of encroachment is not within any portion of the CO District as established
in Sections 3.102 through 3.106
v) No there are no know wetlands within this portion of the CO District nor is it
located within 150 feet of Lake Champlain.
(f) Area of encroachment is sufficiently screened from view from the interstate and ramps
due to:
(i) existing topography and /or existing vegetation, and /or
(ii) proposed landscaping, which may also include berming.
vi) The proposed development is not visible from I-89 due to topography and
existing vegetation.
SITE PLAN CRITERIA
7) The only issue affecting this application is coverage and C.O. District encroachment.
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8) Coverage: The proposal is for 21.3% of overall coverage, up from 20.5% at the last
site plan approval (maximum allowed is 70%). The building coverage remains
unchanged at 3.4%.
9) South Burlington Natural Resources Committee: The Committee's recommendations
for approval were enclosed for review. The applicant made the NRC's recommended
revisions to the site plan.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approved site plan and conditional use applications #SP-02-34 and # CU-02-17 of
Chittenden Solid Waste District, to amend a previously approved site plan for a 5,355
square foot hazardous waste collection facility, with three (3) 1,500 gallon tanks for
waste oil and flammable liquids storage. The amendment consists of adding additional
pavement within the Conservation & Open Space District as depicted on a two (2) page
set of plans, page one entitled "Final Plans Environmental Depot Chittenden Solid Waste
District South Burlington, Vermont" prepared by Griffin International, Inc. dated 6/6/02,
with a last revised date of 6/11/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The Board, Pursuant to Section 3.507 (a)-(f) approves additional encroachment into
the C. O. District because this encroachment is necessary to improve a pubic facility.
3) 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.
4) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative officer prior to the use of the newly constructed space.
5) Any change to the plan shall require approval by the South Burlington Development
Review Board.
Chair or rl* 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
$150.00. 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).
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