HomeMy WebLinkAboutSP-92-0000 - Decision - 0043 Comcast WayFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Adelphia Cable Communica-
tions for construction of a 1.7,788 square foot building in two
(2) phases (Phase I - 4,888 square feet; Phase II - 12,900 square
feet) for office/warehousing/storage use and construction of a
4,500 square foot storage building (Phase 11), 106 Kimball Ave-
nue.
On the 14th of January, 1992 the South Burlington Planning Com-
mission approved the request. of Adelphia Cable Communications for
site plan review under Section 19.10 of the South Burlington
Zoning Regulations based on the following findings:
1. This project consists of the construction of a 17,788 square
foot office building in two (2) phases. Phase I would be a 4,888
square foot building 15 feet in height. Phase II would be a
12,900 square foot addition 12 feet in height and include a 4,500
square foot storage building. The Planning Commission approved a
larger building on August 22, 1989 but it was never built.
2. The parcel is zoned Mixed Industrial & Commercial and is
located at 106 Kimball Avenue. It is bounded on the west by
Potash Brook and the Woodlands commercial/industrial complex, on
the east by a vacant lot, on the north by Brown's Driving Range
and P.J.'s Auto & Marine, and on the south by Kimball Avenue.
Directly across Kimball. Avenue is the entrance to Digital.
3. Access circulation: Access will be provided by one (1) curb
cut on a newly constructed public street in the reserved r.o.w.
along the eastern portion of the property. This r.o.w. was
reserved as a condition of subdivision approval for access to
lots #2 and #3 and to the adjoining property owner to the north.
Circulation of traffic on -the site is adequate.
4. Coverage/setbacks: Building coverage for both phases is 7.8%
(maximum allowed is 30%). Overall coverage for both phases is
24.5% (maximum allowed is 70%). Front yard coverage is 2.8
(maximum allowed is 30%).
Setback requirements are being met.
5. Parklij&_: Total parking requirements for both phases is 72
spaces. Phase I requirement is 20 spaces and phase II require-
ment is 52 spaces. The plan shows a total of 95 spaces.
The Americans with Disabilities Act (ADA) Accessibility Guide-
lines become effective on January 26, 1992. The handicapped
spaces shown on the plan meet the new ADA guidelines.
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6. Landscaping: The landscaping requirement for this project is
$14,558 which will be met. Plantings will include Horsechestnut,
Pine, Yew, Hawthorne, Spruce, Oak and Rhododendron. The land-
scaping proposed as part of Phase I is approximately $1900 short
of the requirements for this phase. The 7 Horsechestnut trees
along the new street r.o.w. which were proposed to be part of
Phase II could be planted as part of Phase I. This would bring
Phase I landscaping up to the requirement.
7. Sewer: Based on 50 employees, a 750 gpd sewer allocation is
required. This will be subtracted from the 1400 gpd allocation
granted for the entire 3 lot subdivision. Phase I sewer alloca-
tion is 230 gpd and for Phase II it is 520 gpd. A $2.50 per
gallon fee must be paid prior to permit.
8. Traffic: Based on ITE trip generation -rates, the project
will generate 40 peak hour trip ends. The applicant will be
required to contribute $1576 for Phase I and $4196 for Phase II
to the Williston Road Intersection Improvements Fund (Impact Area
2) prior to permit.
9. Sidewalk: The applicant will be required to construct a
sidewalk along Kimball Avenue. This was a -requirement of the
August 22, 1989 approval. The applicant should contribute $15
per linear foot which would amount to $8,919.
10. Conservation Zone Flood Plain: The plan shows the 100 foot
conservation zone from the center of Potash Brook and the limits
of the 100 year flood plain. This information was requested to
be placed on the plans as part of the 1989 approval. No cutting
of trees or disturbance will take place in the CO zone and no
construction will take place in the flood plain.
11. Lighting: Exterior lighting will consist of ten (10) 175
watt metal halide lights with cutoff luminaries on 15 foot poles.
There will be no exterior lighting attached to the building.
12. Tower: The proposed tower will exceed the height limita-
tions. The applicant will be required to obtain a conditional
use permit from the Zoning Board of Adjustment to allow the tower
to exceed the height limitation.
13. Approval extension: Pursuant to Section 20.302 of the
zoning regulations, the applicant is requesting a two (2) year
approval for Phase II of this multi -phase project instead of the
normal six (6) month period. Phase I will still be subject to
the six (6) month requrement.
14. Other•
a gravel turnaround is being provided at the end of the new
street as required in the 1989 approval.
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DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Plan-
ning Commission approves the site plan application of Adelphia
Cable Communications for construction of a 17,788 square foot
building in two (2) phases (Phase I - 4,888 square feet; Phase II
- 12,900 square feet) for office/warehouse/storage use and con-
struction of a 4,500 square foot storage building (Phase II) as
depicted on a nine (9) page set of plans, page one entitled
"Adelphia Cable Communications, Kimball Avenue, South Burlington,
Vermont" prepared by Trudell Consulting Engineers, Inc. and dated
11/27/91 with a last revision date of 1/6/92 with the following
stipulations:
1. The applicant shall post a $7,516, 3-year landscaping bond
prior to the issuance of a zoning permit for Phase I. The appli-
cant shall post a $7,042 3-year landscaping bond pz•ior to the
issuance of a zoning permit for Phase II. The applicant shall
amend sheet SPIA of the plans to show seven (7) additional Hor-
sechestnut trees along the new street r.o.w. which were proposed
to be part of Phase II. The amended plan must. be approved by the
City Planner prior to permit.
2. The applicant must submit legal documents (Irrevocable Offer
of Dedication and Warranty Deeds) for the new public street to
the City Attorney for review and approval prior to issuance of
the zoning permit. The legal documents shall be recorded prior
to permit.
3. The new public street must be built to City specifications
including the gravel turnaround shown on the approved plans.
4. A sewer allocation of 230 gpd is granted for Phase I and 520
gpd is granted for Phase II. The applicant shall pay the $2.50
per gallon fee prior to permit for each phase.
5. The applicant must contribute $1,576 for Phase I and $4,196
for Phase II to the Williston Road Intersection Fund (Impact Area
2) prior to permit for each phase.
6. The applicant shall contribute $8,919 to the City's sidewalk
fund. This fee shall be paid at the time of permit for Phase II
or within two years, whichever is sooner. The applicant shall
post a bond for this fee prior to issuance of a zoning permit for
Phase I.
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7. The applicant must obtain a conditional use permit from the
Zoning Board of Adjustment to allow the proposed tower to exceed
the height limitation.
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8. The
within six
shall be
and void.
zoning/building permit for Phase I shall be obtained
(6) months and the zoning/building permit for Phase II
obtained within two (2) years or this approval is null
South Burlington Planning Commission
Wdc;, ;2,.-
Date
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