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HomeMy WebLinkAboutSP-99-05 - Decision - 0370 Shelburne Road#SP-99-05 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Ron & Shelly Cleveland to amend a previously approved plan for a 21,470 square foot building containing the following uses: 1) 15,909 square feet of retail uses, 2) 2952 square feet of post office use, 3) 1850 square feet of standard restaurant use with 36 seats and, 4) 759 square feet of entry /hallway area. The amendment consists of converting 1410 square feet of retail use to a bakery/delicatessen resulting in the following usage breakdown: 1) 14,499 square feet of retail use, 2) 2952 square feet of post office use, 3) 1850 square feet of standard restaurant use, 4) 1410 square feet of deli/bakery use, and 5) 759 square feet of entry/hallway area, 370 Shelburne Road. 4? On the l !c% day of April, 1999, the South Burlington Director of Planning & Zoning approved the request of Ron & Shelly Cleveland for site plan review under Section 26.10 of the South Burlington Zoning regulations based on the following findings.- 1. This project consists of amending a previously approved plan for a 21,470 square foot building containing the following uses: 1) 15,909 square feet of retail use, 2) 2952 square feet of post office use, 3) 1850 square feet of standard restaurant use with 36 seats, and 4) 759 square feet of entry/hallway space. The amendment consists of converting 1410 square feet of retail use to a bakery/delicatessen resulting in the following usage breakdown: 1) 14,499 square feet of retail use, 2) 2952 square feet of post office use, 3) 1850 square feet of standard restaurant use, 4) 1410 square feet of deli/bakery use, and 5) 759 square feet of entry/hallway use. 2. The owner of record of this property is Evergreen Investments. 3. This property located at 370 Shelburne Road lies 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 a large office building. 4. Access/circulation: Access is currently being provided by a 20 foot curb cut on Proctor Avenue and a 30 foot curb cut on Shelburne Road at a signalized intersection. No change in access is proposed. Circulation on the site is adequate. 5. Coverage/setbacks: Building coverage is 29.3% (maximum allowed is 30%). Overall coverage is 78.9% (maximum allowed is 70%). The maximum lot coverage approved in 1983 is 80.4%. Front yard coverage along Shelburne Road is 74.4% and along Proctor Avenue is 84.2% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. 6. Traffic: No additional traffic is expected due to the change in use. 7. Parking: The existing and proposed uses on the property require a total of 59 parking spaces and the plan indicates that 63 spaces including two (2) handicapped spaces are available. The plan should be revised to include a bike rack. 8. Landscaping_ The minimum landscaping requirement, based on building costs, is $450 which is not being met. The site is well landscaped and no additional landscaping is recommended. A $450 landscape credit should be given. 9. Sewer: Any additional sewer allocation must be obtained from the City of Burlington. Prior to permit issuance, the applicant should be required to provide staff evidence that the additional allocation has been obtained. 10. Dumpsters: A screened dumpster storage area is provided. 11. Lighting_ No additional exterior lighting proposed. 12. Other: the plan should be revised to note the correct name of the applicant. ECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Director of Planning & Zoning approves the site plan application of Ron & Shelly Cleveland to amend a previously approved plan for a 21,470 square foot building containing the following uses: 1) 15,909 square feet of retail use, 2) 2952 square feet of post office use, 3) 1850 square feet of standard restaurant use with 36 seats, and 4) 759 square feet of entry/hallway area. The amendment consists of converting 1410 square feet of retail use to a bakery/delicatessen resulting in the following usage breakdown: 1) 14,999 square feet of retail use, 2) 2952 square feet of post office use, 3) 1850 square feet of standard restaurant use, 4) 1410 square feet of deli/bakery use, and 5) 759 square feet of entry/hallway area, 1340 Williston Road, as depicted on a plan entitled "Sherwin Williams Plaza 370 Shelburne Road South Burlington, VT," prepared by Lamoureux, Stone & O'Leary, dated 9/9/94, last revised on 12/22/94, with the following stipulations: 2 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 3. A $450 landscape credit is hereby approved for existing landscaping on the site. 4. The plan shall be revised to show the changes listed 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 of a zoning permit.. a) The site plan shall be revised to provide a bike rack. b) The site plan shall be revised to note the correct name of the applicant. 5. Prior to issuance of a zoning permit, the applicant shall provide evidence that any additional sewer allocation needed has been obtained from the City of Burlington. 6. Any new exterior lighting shall consists of downcasting shielded fixtures so as to not cast light beyond the property line. Any change in lighting shall require approval of the Director of Planning & Zoning prior to installation. 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 s all require approval by the South Burlington Planning Commission. South Burlington Director of Planning & Zoning C't l (" y atd