HomeMy WebLinkAboutCU-02-09 - Decision - 1011 Airport Parkway#CU-02-09
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Application #CU-02-09 of Chittenden Solid Waste District seeking conditional use
approval under Section 26.05, Conditional Uses, of the South Burlington Zoning
Regulations. Request is for permission to convert an existing 5,355 square foot bio-
solids processing facility to hazardous waste collection facility and adding three (3) 1,500
gallon tanks for waste oil and flammable liquids storage, 1011 Airport Parkway.
On the 213t of May 2002, the South Burlington Development Review Board approved the
request of Chittenden Solid Waste District seeking conditional use approval under
Section 26.05, of the South Burlington Zoning Regulations based on the following
findings:
1) This project consists of converting an existing 5355 square foot bio-solids processing
facility to hazardous waste collection facility and adding three (3) 1500 gallon tanks
for waste oil and flammable liquids storage. Site plan approval was given on October
2, 2001.
2) The owner of record is the City of South Burlington. The land is leased to the
Chittenden Solid Waste District.
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) Municipal facilities, in those areas of the CO District which are 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, subject to the additional standards for
review in Section 3.507 below, and does 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.
f) general public health and welfare - no adverse effect expected.
ADDITIONAL CRITERIA:
5) 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.
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:
There is no reasonable practicable alternative location for the driveway, with pre-
existing investment (the facility) in this site including the consideration for the
practicality of alternative locations.
(c) The encroachment into the CO zone is the minimum necessary to operate the
proposed municipal facility.
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.
The proposed encroachment does not come closer 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
No there are no known 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.
The proposed development is not visible from I-89 due to topography and existing
vegetation.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-02-09 of Chittenden Solid Waste District
requesting permission to convert an existing 5355 square foot bio-solids processing
facility to hazardous waste collection facility and adding three (3) 1500 gallon tanks for
waste oil and flammable liquids storage, 1011 Airport Parkway, as depicted on a site plan
entitled "Environmental Depot Chittenden Solid Waste District South Burlington,
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Vermont " prepared by Griffin International Inc., dated 8/21/01, with a revised date of
3/1/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) Any change to the plan shall require approval by the South Burlington Development
Review Board.
i
Chair or'Cledl ,
South Burlington Development Review Board
Date
Please Note; You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.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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