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HomeMy WebLinkAboutSP-03-27 CU-03-13 - Decision - 1015 Airport Parkway#SP-03-27 #CU-03-13 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, site plan application #SP-03-27 and conditional use application #CU-03-13 of City of South Burlington to construct a leachate treatment facility consisting of a 196 sq. ft. building, an aeration tank and filter beds, 1015 Airport Parkway. On the 29" day of July 2003, the South Burlington Development Review Board approved the request of the City of South Burlington for site plan review under Section 14.05 (F) and conditional use approval under Section 14.10 of the South Burlington Land Development Regulations, based on the following findings: 1)The owner of record of this property is the City of South Burlington. CONDITIONAL USE REVIEW The proposed conditional use must meet the following standards: 2)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. 3)The Comprehensive Plan's Future Land Use Map designates the area where the leachate treatment facility is proposed as "Public & Quasi -Public, Recreation, Conservation & Open Space". The proposed use is consistent with this designation. 4)The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. 5)The stated purpose of the Municipal District under Section 7.03 (A) of the Land Development Regulations is as follows: "A 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 (municipal corporations such as CSWD), and other municipal uses, excluding public recreation." f The proposed use conforms to the stated purpose. 6)The proposed use shall not adversely affect: a) The capacity of existing or planned municipal or educational facilities. No adverse affect expected. b) The essential character of the neighborhood or district in which the property is located, or the ability to develop adjacent property for appropriate uses. The neighborhood consists of the I-89 highway, the former landfill site and other municipal buildings including a sewage treatment facility, public works department buildings, and a hazardous waste collection facility. This neighborhood will not be adversely affected by the proposed use. c) Traffic on roads and highways in the vicinity. Traffic generated by this facility will be minimal and will consists of occasional maintenance vehicles. No adverse affect is therefore expected. d) Bylaws in effect. The proposed use will be in compliance with the bylaws upon granting of a variance. e) Utilization of renewable energy resources. There is no utilization of renewable energy resources in the vicinity to be adversely affected by the proposed use. f) General public health and welfare. The proposed use will benefit the general public health and welfare by treating leachate, which is currently seeping from the former landfill site untreated. No adverse affect is therefore expected. INTERSTATE HIGHWAY OVERLAY DISTRICT CRITERIA 7)The Board must find that the proposed municipal facility meet the following standards and criteria pursuant to Section 10.04 (D) of the Land Development Regulations. 8)Accessory uses not directly related and essential to the functioning of the municipal building shall not be permitted with the IHO district. I The proposed use is directly related to the former landfill site and is essential in treating leachate coming from the landfill. 9)A finding is made by the Development Review Board that the proposed municipal building cannot be located outside the IHO district because the following criteria are met: a. The use must occur in close proximity to another pre-existing municipal building; AND b. There is no reasonably practicable alternative location for the municipal building, with pre-existing investment in the site a consideration for the practicability of alternative locations; AND c. The encroachment is the minimum necessary to operate the proposed municipal building. 10)The proposed leachate treatment facility is located approximately 240 feet from the nearest pre-existing municipal building. There is no reasonable practicable alternative location for this facility given the engineering considerations. 11)This encroachment is the minimum necessary to operate the treatment facility given the engineering considerations. 12)The maximum extent of the encroachment shall be no more than fifteen (15) feet into the IHO district. 13) This criteria is superseded by the granting of the variance. SITE PLAN REVIEW CRITERIA 14)Access/Circulation: Access is provided via an existing curb cut on Airport Parkway, which serves the Airport Parkway Wastewater Treatment Facility and the CSWD Hazardous Waste Collection Facility. 15)An existing access road will provide access to the leachate treatment facility site. 16)Circulation on the site is adequate. 17)Coverage/Setbacks: Building coverage is 1.7% (maximum allowed is 30%). Overall coverage is 24.2% (maximum allowed is 70%). Front yard coverage is 5.8% (maximum allowed is 30%). 18)Setback requirements are not being met. This issue is being resolved with the granting of the variance to allow encroachment into the IHO District. 19)Parking: One (1) parking space required and one (1) space is being provided. 11 20)Landscaping: No landscaping proposed and no additional landscaping is recommended. Site is well screened from the interstate by existing vegetation. 21)Lighting: Proposed exterior lighting on the building will consist of a 175-watt metal halide lamp with a downcasting — shielded fixture. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves the request of the City of South Burlington to construct a leachate treatment facility consisting of a 196 sq. ft. building, an aeration tank and filter beds, 1015 Airport Parkway, as depicted on a three (3) page set of plans, page one (1) entitled, "South Burlington Landfill South Burlington, Vermont Overall Landfill Site Plan", prepared by Heindel and Noyes, dated October 9, 2002, last revised on 5/6/03, with the following stipulations: 1. All previous approvals and stipulations, which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.02 of the Land Development Regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the leachate treatment facility. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. ��OhXoT�er ck Date man uth Burlington Development Review Board 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 $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 24VSA 4472 (d) (exclusivity of remedy; finality).