HomeMy WebLinkAboutSP-99-08 - Decision - 0388 0400 Shelburne Road#SP-99-08
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF C14ITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, of John Larkin, Inc. to: 1) raze a 7840 square foot mixed use building consisting
of general office and retail, 2) raze a 600 square foot accessory building, and 3) construct a 4500
square foot 1-story retail building, 388 - 400 Shelburne Road.
On the I 1 "' day of May, 1999, the South Burlington Planning Commission approved the request of
John Larkin, 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. 1) razing a 7840 square foot mixed use building consisting of general
office and retail, 2) razing a 600 square foot accessory building, and 3) constructing a 4500 square
foot 1-story retail building. The ZBA on 1/25/99 approved the applicant's request for several setback
variances.
2. The owner of record of this particular property is John Larkin.
3. This property located at 388-400 Shelburne Road lies within the C1 District. It is bounded on the
north by Proctor Avenue, on the west by Shelburne Road, on the south by a standard restaurant and
office building, and on the east by residences.
4. Access/circulation: Access is proposed to be via two (2) 22 foot curb cuts, one (1) on Shelburne
Road and one (1) on Proctor Avenue. Staff recommended that a mutual access drive be constructed
between this property and the property to the south.
Circulation on the site is adequate.
5. Coverage/setbacks: Building coverage is 21 % (maximum allowed is 30%). Overall coverage is
67% (maximum allowed is 70%). Front yard coverage along Proctor Avenue will be reduced from
81% to 58% and along Shelburne Road will be reduced from 54% to 37% (maximum allowed is
30%).
6. The proposed building does not meet the front yard setback requirement of 50 feet from Shelburne
Road, the 40 foot setback requirement from Proctor Avenue, or the 65 foot setback requirement from
the residential district boundary (easterly boundary line). The ZBA on 1/25/99 granted variances
from these setback requirements.
7. Parkin!: A total of 23 spaces are required and 22 spaces are provided including one (1)
handicapped space and a bike rack. An additional space is proposed which is substandard in width
(the space closest to Shelburne Road). The plan should be revised to widen this space to nine (9)
feet.
8. Landscaping_ The minimum landscaping requirement, based on building costs, is $6,000 which is
being met. Proposed plantings include Littleleaf Linden, Maple, Birch, White Pine, Dogwood, Lilac,
Rhododendron, Forsythia and Burning Bush.
9. Sewer: No additional allocation requested.
10. Traffic: This property is located in Traffic Overlay Zone 5 which would allow this property to
generate a maximum of 24.08 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the
existing uses to generate 35.3 vte's and the proposed use to generate 21.6 vte's for an 13.7 vte
reduction. The applicant was made aware that the road impact fee is zero (0).
11. Dumpster: No dumpster storage area proposed.
12. Lighting Exterior lighting will consist of the following:
— five (5) 150 watt metal halide lamps mounted on 18 foot poles with downcasting shielded
fixtures.
— four (4) 50 watt metal halide lamps mounted on the building with downcasting shielded
fixtures.
13. Other:
the requirement for a mutual access with the property to the south will require the amendment
of the site plan for that property. Staff researched the property to the south and discovered
that it is in violation for not complying with the conditions of a 9/27/94 approval and for not
obtaining a permit for a change in use and for building a larger office building than originally
approved.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the site
plan application of John Larkin, Inc. to: 1) raze a 7840 square foot mixed use building consisting of general
office and retail, 2) raze a 600 square foot accessory building, and 3) construct a 4500 square foot 1-
story retail building, 388 - 400 Shelburne Road, as depicted on a plan entitled, "388 - 400 Shelburne
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Road For: Larkin Realty South Burlington, Vermont," prepared by Rabideau Architects, Inc., dated
10/30/98, last revised on 4/15/99, with the following stipulations:
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
(hereinafter Director). Three (3) copies of the approved revised plan shall be submitted to the
Director prior to issuance.
a) The site plan shall be revised to show a future access connection to the property to the
south. The access drive shall be 22 feet in width and shall be constructed up to the southerly
boundary.
b) The site plan shall be revised to widen the parking space closest to Shelburne Road to nine
(9) feet in width. The space shall be widened to the east.
c) The site plan shall be revised to show water and sewer services to the proposed building.
d) The site plan shall be revised to show the storm drainage system for the site.
3) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Planning Commission estimates that the retail building will generate zero (0) additional vehicle
trip ends during the P.M. peak hour.
4) All exterior lighting shall consist 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 $6000 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) Any work within the Shelburne road r.o.w. shall require approval from the City of Burlington.
7) Prior to permit issuance, the applicant shall record a mutual access agreement with the property
to the south which would allow a future connection between the two (2) properties.
8) The building shall be sprinklered.
9) 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.
10) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
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Officer prior to the use of the building.
11) Any change to the site plan shall require approval by the South Burlington Planning Commission.
Chairman or e-ler
South Burlington Planning Commission
Z S' 9P
Date