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.
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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.
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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
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