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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 N 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). 3