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HomeMy WebLinkAboutSP-95-0002 - Decision - 0030 Community DriveFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Rainbow Rugs, Inc. to construct a 2,000 square foot addition 62 feet in height to an existing 270,780 square foot manufacturing plant (former Digital plant), 115 Kimball Avenue. On the 28th of March, 1995, the South Burlington Planning Commission approved the request of Rainbow Rugs, Inc., for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of the construction of a 2,000 square foot addition 62 feet in height to an existing 270,780 square foot manufacturing plant (former Digital plant). The ZBA on 8/8/94 granted a variance to allow the addition to exceed the height limitations. 2. This property located at 115 Kimball Avenue lies within the IC District. It is bounded on the north by four (4) recently approved lots, Kimball Avenue and Shunpike Road, on the east by Muddy Brook, on the south by the I-89 r.o.w. and on the west by undeveloped property. 3. Access/circulation: Access is provided via two (2) 24 foot wide curb cuts, one on Kimball Avenue and one on Shunpike Road. No change proposed. 4. Coverage/setbacks: Building coverage is 4% (maximum allowed is 30%). Overall coverage is 13% (maximum allowed is 70%). Front yard coverage is 0.5% (maximum allowed is 30%). Setback requirements will be met. 5. Parking: A total of 83 parking spaces are required and approximately 1055 spaces are being provided including 20 handicapped spaces. A bike rack will be provided as required under Section 26.253(b) of the zoning regulations. 6. Landscaping: The minimum landscaping requirement, based on building costs, is $15,500 which is not being met. Proposed plantings are $11,875 short of the minimum requirement. Applicant requested a credit for the shortfall citing the $144,564 value of plantings installed as part of the original project. It is the applicant's position that if this building was built today, the landscaping requirement would be $89,253 or $55,311 less than was actually spent. 1 7. The applicant is proposing to install 10 White Pine trees on a 12 foot high berm located to the west of the extrusion tower. The intent is to soften the visual impact of the tower from Old Farm Road. Staff recommended that additional landscaping be planted on the northern and northeastern side of the tower to help soften its visual impact from Kimball Avenue. 8. Building height: The proposed addition has a flat roof and will have a height of 62 feet. The maximum height permitted for a flat roofed structure under Section 25.113(a) of the zoning regulations is 35 feet. The ZBA on 8/8/94 granted the applicant a variance from the height limitations to allow the 62 foot addition. The conditions of approval are: 1) "that the appellant shall engage a professional landscape planner who will submit a plan that includes consideration of the tower color and other esthetics (sic) to the Planning Commission of South Burlington with the objective of minimizing adverse impact of the tower", and 2) "that due process shall take place within ninety (90) days regarding noise and pollution and environmental concerns. If due process does not take place in that time, the appeal shall return to the Zoning Board for review". 9. Sewer: No additional allocation needed. 10. Lighting: All existing lighting will remain. No additional lighting proposed. 11. Dumpster: A dumpster storage area is shown on the plan. The plan should be revised to note the type of screening to be used around the dumpster. 12. Bike path: The plans should show a bike path easement 20 feet in width paralleling Muddy Brook within the C.O. District but outside of wetland and wetland buffer areas. It was the recommendation of the Recreation Path Committee that this be considered under site plan review. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Rainbow Rugs, Inc. to construct a 2,000 square foot addition 62 feet in height to an existing 270,780 square foot manufacturing plant (former Digital plant), 115 Kimball Avenue, as depicted on a four (4) page set of plans, page one (1) entitled "Rainbow Rugs, Kimball Ave., So. Burlington, VT" prepared by Trudell Consulting Engineers, dated 2/16/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 2. The plan shall be revised prior to issuance of a zoning permit to show the changes listed below and shall require approval by the City Planner. Three (3) copies of the approved revised site plan shall be submitted to the City Planner prior to permit. a) The site plan (sheet SP1 and SP2) shall be revised to show additional landscaping that will best lessen the visual impact of the proposed tower from Kimball Avenue/Shunpike Road. b) The site plan (sheet SP1) shall be revised to indicate the type of screening proposed around the dumpster. c) The site plan (sheet SP1) shall be revised to show a recreation path easement 20 feet in width paralleling Muddy Brook in a location approved by the Recreation Path Committee. The easement shall be located within the C.O. District but outside of wetland and wetland buffer areas. 3. The applicant shall post a landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. The amount of the bond shall be determined by the City Planner. 4. Legal documents for the proposed recreation path easement shall be recorded in the land records prior to issuance of a zoning permit. The documents shall be reviewed and approved by the City Attorney prior to recording. 5. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the addition. 7. Any change to the site plan shall require approval by the South Burlington Planning Commission. Chair an or Clerk South Burlington Planning Commission Date C