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HomeMy WebLinkAboutSP-96-0000 - Decision - 0010 Patchen RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Sf- g 6 -dam Re: Findings of Fact, application of Clark Hinsdale, Jr. to convert a 1940 square foot building from personal service use (hair and tanning salon) to a multiple of commercial uses for one (1) tenant, 10 Patchen Road. On the 12th day of November, 1996, the South Burlington Planning Commission approved the request of Clark Hinsdale, Jr. for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of converting a 1940 square foot building from personal service use (hair and tanning salon) to a multiple of commercial uses for one (1) tenant. The Commission last reviewed this property on 5/23/95 when a day care use was approved. This day care use was never established. 2. This property at Patchen Road lies within the Commercial 1 District. It is bounded on the east by a duplex on Cottage Grove Avenue, on the south by a video store, on the west by Patchen Road, and on the north by an office building. 3. The applicant is requesting to use the building for one (1) tenant for any of the permitted use listed below. This request is being made with the provision that any use would not require more than 10 parking spaces, would not generate more than 620 gpd in sewer demand and would not generate more than 10.2 vehicle trip ends during the P.M. peak hour. The reason for this request is so the applicant can have the flexibility of changing tenants whose uses fall within the approved sewer, traffic and parking limits without having to return to the Planning Commission each time. When a use is to be changed, the applicant would contact the City Planner and he would review the proposed use to make certain that it does not exceed the upper limits approved by the Planning Commission. 4. Uses being requested are as follows: 12.101 General office 12.102 Medical office 12.103 Retail businesses, not including shopping centers supermarkets, department stores and discount stores 12.108 Radio and television studios 12.109 Personal service 12.110 Accessory uses to the uses listed above. 5. Access/circulation: The 20 foot wide access is being relocated approximately 63 feet to the north. Circulation on the site is adequate. 6. Coverage/setbacks: Building coverage is 10% (maximum allowed is 30%). Overall coverage is 60% (maximum allowed is 70%). Front yard coverage is being reduced from 48.5% to 46.6% (maximum allowed is 30%). 7. The structure does not meet front or side yard setback requirements. This structure is therefore a noncomplying structure subject to the limitations of Section 26.002 of the zoning regulations. 8. Parking: A total of 10 parking spaces will be available including one (1) handicapped space. A bike rack will be provided as required. 10 spaces should adequately serve any of the requested uses. 9. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. The site is well landscaped and no additional landscaping was recommended. 10. Traffic: Relocating the driveway sixty three (63) feet to the north has placed the property in Traffic Overlay Zone 5 which would allow the property to generate a maximum of 24.1 vte's during the P.M. peak hour. The applicant is requesting approval for 20.1 vte's. The applicant was made aware that the road impact fee is approximately $600. 11. Sewer: The current sewer allocation for the property is 620 gpd. No additional allocation is requested. 12. Lighting: Existing exterior lighting consists of the following: --- one (1) 75 watt lamp on the west side of the building. --- two (2) 150 watt flood lights on the free-standing sign. --- two (2) 150 watt flood lights on the north side. --- one (1) 100 watt flood light on the east side. --- two (2) 150 watt flood lights on the second floor east side. --- one (1) 60 watt lamp above cellar door. 13. Dumpster: No dumpster proposed. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Clark Hinsdale, 2 Jr. to convert a 1940 square foot building from personal service use (hair and tanning salon) to a multiple of commercial uses for one (1) tenant, 10 Patchen Road, as depicted on a plan entitled "Proposed Hinsdale Properties Site Plan, 10 Patchen Rd, So Burlington, VT," with a stamped "received" date of November 6, 1996, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This approval is for the following uses which are currently permitted in the Commercial 1 District: general office; medical office; retail businesses, not including shopping centers, supermarkets, department stores and discount stores; radio and television studios; personal service; and accessory uses to the uses listed above. If the zoning regulations change so that any of the above uses are no longer permitted, then those uses which are no longer permitted shall no longer be approved. 3. This approval is conditioned on a maximum of 10 parking spaces, 620 gpd sewer allocation, and 10.2 P.M. peak hour trip ends. 4. The applicant shall obtain approval from the City Planner prior to the change of any tenant in the building. The City Planner shall approve the proposed new tenant only if the proposed use fits within the limitations established in stipulation #3 above. In making his determination, the City Planner shall utilize the parking standards contained in Appendix A in the Zoning Regulations, trip generation rates contained in the I.T.E. Trip Generation Manual, and sewer flow quantities used by the Vermont Agency of Natural Resources. If a use is proposed which does not fit clearly within any of these standards, or if a shared parking concept is proposed in order to meet the parking limit, the applicant shall obtain approval from the Planning Commission for the proposed use. 5. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 6. For the purposes of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed change in use will generate 3.2 additional vehicle trip ends during the P.M. peak hour. 7. The plan shall be revised prior to issuance of a zoning permit to show circulation in a counterclockwise direction. 8. 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. 3 9. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the building. 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. L hairmifi or Clerk South Burlington Planning Commission Date 4