HomeMy WebLinkAboutSP-99-11 - Decision - 1691 Shelburne Road#SP-99-11
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, of Mark Hill to construct a 3295 square foot building for auto service and
repair, 1691 Shelburne Road.
On the 11 `h day of May, 1999, the South Burlington Planning Commission approved the request of
Mark Hill for site plan review under Section 26.10 of the South Burlington Zoning Regulations based
on the following findings:
1. This project consists of constructing a 3295 square foot building for auto service and repair. The
Commission approved a 15,460 square foot auto sales and service facility on 7/26/94 on this lot
which was never constructed. The ZBA on 4/26/99 granted the applicant a conditional use permit
for the proposed use.
2. The owners of record of this particular property are Albert & Rita Reyes.
3. This property located at 1691 Shelburne Road lies within the C2 District, the Bartlett Brook
Watershed Protection Overlay District and the Conservation & Open Space District. It is bounded
on the north by an auto dealership, on the east by Shelburne Road, on the south by two (2)
residences, and on the west by the railroad.
4. Access/circulation: The applicant is proposing a 36 foot curb cut, 20 feet to the north of the south
boundary. Staff recommended that the curb cut be moved 20 feet to the south to abut the south
boundary. This would allow for a shared curb cut with the property to the south. Staff recommended
a condition that requires the applicant to reduce the size of his curb cut when the property owner to
the south constructs his curb and to create a shared curb cut with a maximum width of 36 feet. The
condition should include a provision requiring the applicant to provide a mutual access easement to
southerly property owner. The VT AOT has also recommended one shared curb cut for the two
parcels.
Circulation on the site is adequate.
5. Coverage/setbacks: Building coverage is 2% (maximum allowed is 30%). Overall coverage is
12.2% (maximum allowed is 70%). Front yard coverage is 27.3% (maximum allowed is 30%).
Setback requirements are met.
6. Parking. A total of 16 spaces are required and 15 spaces are provided including one (1)
handicapped space and a bike rack. Parking proposed is one (1) space or 6.3% short of the
requirement. Applicant should revise the plan to add one (1) additional parking space.
7. Landscaping The minimum landscaping requirement, based on building costs, is $5250 which is
being met. Proposed plantings include Serviceberry, Maple, Birch, Dogwood, Burning Bush,
Juniper, Spirea, Arborvitae and Viburnum.
8. C.O. District: A portion of the property which lies along two (2) drainageways is within the C.O.
District. The proposed development will not encroach into this C.O. District.
9. Bartlett Brook Watershed Protection Overlay District (BBW): This property lies within the BBW
District. The applicant provided Heindel and Noyes the information needed to include the
development in the City's hydrology computer model. The plan includes the stormwater detention
basin required by the model.
10. Sewer: The sewer allocation requested is 125 gpd. The applicant will be required to pay the per
gallon fee prior to permit issuance. There is currently no reserve capacity available at the Bartlett Bay
Wastewater Treatment Facility. The approved allocation will be placed on a waiting lit until such
time as capacity is available. Staff recommended a condition that a Certificate of
Occupancy/Compliance not be issued and the building not being used until the sewer capacity is
available.
11. Traffic. This property is located in Traffic Overlay Zone 5 which allows this property to generate
a maximum of 182 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates that the
proposed use will generate 51.36 vte's. The applicant was made aware that the road impact fee is
approximately $11,500.
12. Dumpster: A screened dumpster storage area is provided.
13. Lighting: Exterior lighting will consist of the following:
six (6) 175 watt metal halide lamps mounted on the building with downcasting shielded
fixtures.
DECISION & CONDITIONS
Based on the above Findings of Fact, South Burlington Planning Commission approves the site plan
application of Mark Hill to construct a 3295 square foot building for auto service and repair, 1691
Shelburne Road, as depicted on a three (3) page set of plans, page one (1) entitled, "Overall Site Plan
OWN' Go Mark Hill - Owner Shelburne Road South Burlington, Vermont," prepared by Pinkham
Engineering Associates, Inc., dated 3/26/99, last revised on 4/21/99, with the following stipulations:
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1) All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2) The plan shall be revised to show the changes below and shall require approval of the Director
of Planning & Zoning. Three (3) copies of the approved revised plan shall be submitted to the
Director (hereinafter Director) prior to issuance.
a) The site plan shall be revised to move the curb cut approximately 20 feet to the south to
abut the south boundary.
b) The site plan shall be revised to add one (1) additional parking space.
c) The plan shall be revised to address comments #1 - 4 in the VAOT's letter dated 5/11/99.
3) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Planning Commission estimates that the auto service and repair building will generate 51.36
vehicle trip ends during the P.M. peak hour.
4) All exterior lighting shall consists of downcasting shielded fixtures. Any change to approved
lights shall require approval of the Director prior to installation.
5) Prior to issuance of a zoning permit, the applicant shall post a $5250 landscape bond. The bond
shall remain in effect for three (3) years to assure that the landscaping takes root and has a good
chance of surviving.
6) The Planning Commission approves a sewer allocation of 125 gpd. The applicant shall be required
to pay the per gallon fee prior to permit issuance. There is currently no sewer allocation available at
the Bartlett Bay Wastewater Treatment Facility. The allocation granted shall be placed on a waiting
list until such time as the allocation is available. No Certificate of Occupancy/Compliance will be
issued and the building can not be occupied until such time as sewer capacity is available.
7) The building shall be sprinklered.
8) In order to promote safe access along this high volume roadway, the Commission shall require this
property and the property to the south to be served by one shared curb -cut to Shelburne Road. This
shared curb -cut shall straddle the property line between these two properties and shall be constructed
when the property to the south receives site plan approval for a new or expanded use. At the time
this shared access is constructed, the property owner of this property (1691 Shelburne Road) shall
reduce the size of his/her curb cut a sufficient amount to create a shared curb cut with a maximum
width of 30 feet.
9) Prior to permit issuance, the applicant shall record a legal document approved by the City
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Attorney providing a mutual access easement to the southerly property owner.
10) 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.
11) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the building.
12) Any change to the site plan shall require approval by the South Burlington Planning Commission.
Chairman or'Clerg
South Burlington Planning Commission
Date
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