HomeMy WebLinkAboutCU-02-06 SP-02-18 - Decision - 0463 0469 Lime Kiln Road#CU-02-06 and #SP-02-18
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
4) Re: Site plan and conditional use applications #SP-02-18 and #CU-02-06 of Paul
Koenig to amend a previously approved site plan consisting of a five (5) building
complex with multiple uses at 463 and 469 Lime Kiln Road. The amendment consists
of converting a 136 square foot porch to retail use, resulting in a 1,186 square foot retail
building, 469 Lime Kiln Road.
On the 7'" of May 2002, the South Burlington Development Review Board approved the
request of Paul Koenig seeking site plan use approval under Section 26.10, and
conditional use approval under Section 26.05, of the South Burlington Zoning
Regulations based on the following findings:
1) This project consists of amending a previously approved site plan consisting of a five
(5) building complex with multiple uses at 463 and 469 Lime Kiln Road. The
amendment consists of converting a 136 square foot porch to retail use resulting in a
1,186 square foot retail building.
2) The owner of record is Paul Koenig.
3) This property located at 469 Lime Kiln Road lies within the IC District. It is bounded
on the north and east by a commercial industrial use building, on the south by
undeveloped land owned by John Belter, and on the west by Lime Kiln Road.
CONDITIONAL USE CRITERIA
4) The proposed project complies with the stated purpose of the Mixed Industrial and
Commercial District to "encourage general industrial activity and office buildings,"
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.
SITE PLAN CRITERIA:
5) Access/Circulation: Access is provided via an eighteen foot ( 18') wide curb cut.
Both properties share the curb cut. Circulation on the site is adequate.
6) Coverage/Setbacks: Building coverage for #469 Lime Kiln Road is 9.6%, (maximum
allowed is 30%) and remains unchanged from the last approval. Overall coverage is
changing from 42% to 39%, (maximum allowed is 70%). Front yard coverage is
changing from 16% to 11 %, (maximum allowed is 30%).
7) 463 Lime Kiln Road remains unchanged from last approval. Building coverage is
17.2% (maximum allowed is 30%), overall coverage is 64.7% (maximum allowed is
70%), and front yard coverage is 30.3% and remains unchanged.
8) Buildings "B" and "D", as shown on the site plan, do not meet the front yard setback
requirements, and building "E", as shown on the site plan, does not meet the side yard
setback requirement. All of these buildings are non -complying structures and subject
to Section 26.002 of the South Burlington Zoning Regulations.
9) Traffic: ITE estimates vehicle trips ends (vte's) increase by 2.19 with the addition
of the 136 square feet of retail floor area. ITE estimates this property to generate
27.55 vte's (including the additional 2.19 vte's) during the PM peak hour. The
applicant should be aware an additional road impact fee will be accessed for this
property.
10) Parking: The proposed addition will not require additional parking. The plan shows
21 parking spaces and 1 accessible space. The parking is adequate. A bike rack is
provided.
11) Lighting_ All exterior floodlights should be removed and/or replaced with
downcasting and shielded light fixtures. Cut sheets should be submitted to the Director
of Planning and Zoning for approval of any new light fixtures.
12) Dumpsters: Locations of existing dumpsters are shown on the plan. These should be
screened if visible from the public right-of-way.
13) Landscaping: The minimum landscaping requirement, based on building costs is
$225 which is being met.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan and conditional use applications #CU-02-06 and #SP-02-18 of Paul
Koenig to amend a previously approved site plan consisting of a five (5) building
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complex with multiple uses at 463 and 469 Lime Kiln Road. The amendment consists of
converting a 136 square foot porch to retail use resulting in a 1,186 square foot retail
building, as depicted on a site plan entitled, "463 and 469 Lime Kiln Road", dated 4/17/97,
last revised on 3/19/02, 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 post a landscape bond in the amount of $225, for the additional
proposed landscaping, prior to issuance of a zoning permit. The bond shall remain
in effect for three (3) years to assure the landscaping takes root and has a good
chance of survival.
3) All new exterior lighting shall consist of downcasting and shielded fixtures. Prior to
permit issuance, the applicant shall submit exterior lighting details (cut -sheets) for
all proposed lights. All floodlights shall be removed or replaced with downcasting
shielded fixtures approved by the Director.
4) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates the additional 136 square
feet of retail space will generate 2.19 additional vehicle trip ends during the P. M.
peak hour.
5) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
6) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer before use of the enclosed porch.
7) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chair or 61er1,
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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