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HomeMy WebLinkAboutSP-00-56 CU-00-25 - Decision - 0370 Shelburne Road#SP-00-56 & CU-00-25 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use application #CU-00-25 of Evergreen Investments, Ltd. to amend a previously approved site plan for 21,420 square foot mixed use building with the following uses: 1) 14,499 square feet of retail use, 2) 2,952 square feet of post office use (federal facility), 3) a 1,850 square foot standard restaurant with 36 seats, 4)1,410 square feet of bakery/deli use, and 5) 759 square feet of entry hall space. The amendment consists of converting 4,150 square feet of retail space to post office use (federal facility), 370 Shelburne Road. On the 7th of November, 2000, the South Burlington Development Review Board approved the conditional use application under Section 26.05 and site plan application under Section 26.10 of the South Burlington Zoning Regulations of Evergreen Investments, Ltd. based on the following findings: 1. This project consists of amending a previously approved site plan for 21,470 square foot mixed use building with the following uses: 1)14,499 square feet of retail use, 2) 2,952 square feet of post office use (federal facility), 3) a 1,850 square foot standard restaurant with 36 seats, 4)1,410 square feet of bakery/deli use, and 5) 759 square feet of entry/hall space. The amendment consists of converting 4,150 square feet of retail space to post office use (federal facility), 370 Shelburne Road. 2. The owner of record of this particular property is Evergreen Investments, Ltd. 3. This property located at 370 Shelburne Road is within the C1 District. It is bounded on the south by Proctor Avenue, on the east by a single family home, on the west by Shelburne Road, and on the north by an office building. 4. Access/Circulation: Access is currently provided via a 30 foot curb cut on. Shelburne Road at a signalized intersection, a 20 foot curb cut on Proctor Avenue, and a 25 foot curb cut for loading dock access on Proctor Avenue. No change in access is proposed. Circulation on the site is adequate. 5. Coverage/Setbacks: Building coverage will remain unchanged at 29.3% (30% max). Total coverage will remain 74.8% (70% max). Front yard coverage along Shelburne Road will also remain at 74.4% and front yard coverage along Proctor Avenue will remain 84.2% (30% max). The current proposal will not increase the degree of nonconformance. All setbacks are met. 6. Parking: A. total of 63 parking spaces are provided and only 46 are required. Two handicapped parking spaces are provided as required. Plans should be revised to illustrate a bike rack. 7. Landscaping_ The minimum landscaping requirement, based on building costs, is $13,500. This is not being met. The applicant requested a landscaping credit as the site is already well landscaped. 8. Traffic: P.M. peak vehicle trip ends (vte's) will remain unchanged at 81.23 vte's. 9. Lighting: No changes are proposed. Any changes to the approved lighting should be approved by the Director of Planning and Zoning as downcasting and shielded prior to installation. 10. Sewer: No additional sewer allocation is requested. It should be noted that this property is connected to the City of Burlington sewer and water systems. 11. Dumpsters: There are currently two dumpsters existing on the property. These dumpsters are located outside of the existing dumpster storage area. Staff recommended that the dumpster storage area be revised to include screening on three sides to prevent the dumpsters from being moved freely around the site. 12. Other: The site plan should be revised to accurately depict the front yard along Proctor Avenue. The sidewalk currently runs along the south fagade of the building with a green space separating the sidewalk from the street. The plan currently illustrates a green space between the building and the sidewalk. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-00-25 of Evergreen Investments, Ltd. to amend a previously approved site plan for 21,420 square foot mixed use building with the following uses: 1) 14,499 square feet of retail use, 2) 2,952 square feet of post office use (federal facility), 3) a 1,850 square foot standard restaurant with 36 seats, 4) 1,410 square feet of bakery/deli use, and 5) 759 square feet of entry hall space. The amendment consists of converting 4,150 square feet of retail space to post office use (federal facility), 370 Shelburne Road, as depicted on a plan entitled "370 Shelburne Road 370 Shelburne Road South Burlington, VT Existing Conditions Site Plan ", dated 9/27/00, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in 0a effect. 2) The site 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 of Planning & Zoning prior to permit issuance. a) The site plan shall be revised to include a bike rack. b) The site plan shall be revised to illustrate a three (3) sided screened dumpster storage area. 3) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development review Board estimates that the change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 4) Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Director prior to installation. 5) Pursuant to Section 26.105(a) of the Zoning Regulations, the Development Review Board grants the applicant a $13,500 credit for existing landscaping on the property. 6) The converted space shall be sprinklered and have a fire alarm or provide fire protection for the building acceptable to the fire chief. 7) 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. 8) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 9) Any change to the site plan shall require approval by the South Burlington Development Review Board. jhairorClerkBurlington Development Review Board ki /'�/o/ Date