HomeMy WebLinkAboutSP-99-29 - Decision - 0408 0412 Shelburne Road# SP-99-29
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application of John Larkin to: 1) expand an office building by 1,064
square feet for a total of 10,064 square feet, 2) convert 1615 square feet of radio station space to
general office space, and 3) convert 2950 square feet of general office space to medical office
space with the remaining space being office, 408-410 Shelburne Road.
On the 24`h day of August, 1999, the South Burlington Planning Commission approved the site
plan application of John Larkin under Section 26.10 of the South Burlington Zoning Regulations
based on the following findings:
1. This project consists of: 1) expanding an office building by 1,064 square feet for a total of
10,064 square feet, 2) converting 1615 square feet of radio station space to general office space
and 3) converting 2950 square feet of general office space to medical office space with the
remaining space being general office. The increase in office space was illegally added to the
building in 1987 when the building was constructed. Site modifications were also made without
approval. This application is to correct this violation and obtain approval for the changes in use.
A similar application to this was approved on 9/27/94 but became void when a permit was not
issued within six (6) months of the approval. On May 24, 1999, the ZBA granted a conditional
use permit for the multiple use. This application was continued from the July 20 meeting in order
for the applicant to address trip generation and other unresolved issues.
2. The office building was originally approved by the Planning Commission on 3/25/86. Staff
administratively approved an increase in the size of the building and some site modifications on
6/10/87. This property is also developed with a 3283 square foot fast food restaurant (KFC).
3. This property located at 408-410 Shelburne Road lies within the C 1 District. It is bounded on
the east by single family residences, on the north by a retail building, on the south by an office
building and on the west by Shelburne Road.
4. The owner of record of this property is John Larkin/Larkin Realty.
5. Traffic: This property is located in Traffic Overlay Zone 5 which allows this property to
generate 64.2 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates that the
proposed project will generate 121 vte's during the P.M. peak hour.
The applicant conducted three (3) days of peak hour counts which indicates an average peak hour
of 61 vte's. Counts were tabulated for 4 - 5 P.M. and 5 - 6 P.M.. Counts should be tabulated in
15 minute intervals in order to determine the true peak hour (e.g., 4:30 - 5:30 or 4:45 - 5:45).
The Commission recommended that the count be increased 25% to account for a true peak. This
results in an average P.M. peak hour trip generation of 76 vte's. This represents a trip rate of
5.69 vte's/1000 square feet currently being generated by the property.
Based on the trip rate of 5.69 vte's/1000 square feet, the approved uses generate 69.9 vte's
during the P.M. peak hours. The proposed uses will generate 76 vte's which represents an
increase of 6.1 vte's, or 8.7%. The Commission determined that the mutual access to the
property to the north will produce a net benefit for traffic flow in the vicinity.
6. Access/circulation: Access is provided by a 28 foot wide curb cut on Shelburne Road. No
changes are proposed.
Circulation on the site is adequate.
7. Coverage/setbacks: Building and overall coverage information was requested, but was not
provided. Proposed front yard coverage is greater than that shown on the plan. The plan shows
a coverage of 41.5% (maximum allowed is 30%) which was administratively approved in 1987.
Setback requirements have been met.
8. Parking: The existing and proposed uses require a total of 85 parking spaces. Under the
current plan, 70 spaces are being provided, including four (4) handicapped spaces. This
represents a 15 space, or 17.6%, shortfall. A bike rack for each building should be provided.
Some of the spaces on the lot are not striped. These spaces should be striped prior to the
issuance of a Certificate of Occupancy.
9. Landscaping: The minimum landscaping requirement, based on building costs, is $3480 which
is not being met. No additional landscaping is proposed. The applicant sought a credit for
existing landscaping. The site is currently well landscaped and no additional landscaping was
recommended.
10. Sewer: No additional allocation needed.
11. Lighting: Exterior lighting consists of the following:
eight (8) 250 watt low pressure sodium lamps mounted on three (3) 18 foot poles
with cut off luminaries.
The floodlight and the rear of the KFC building should be replaced with a downcasting shielded
fixture approved by the Director of Planning and Zoning.
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12. Dumpster: A screened dumpster storage area is provided. On a recent site visit by staff, it
was observed that one (1) of the dumpsters was being stored outside of the enclosure. All
dumpsters must be stored within the enclosure.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the
site plan application of John Larkin to amend an existing approved development consisting of a
3,283 square foot fast-food restaurant and a 9000 square foot building used for general office
(7,385 square feet) and radio station use (1615 square feet). The amendment consists of: 1)
expand the 9000 square foot building by 1,064 square feet for a total of 10,064 square feet, 2)
convert 1615 square feet of radio station space to general office space, and 3) convert 2950
square feet of general office space to medical office space with the remaining space being office,
408-410 Shelburne Road, as depicted on a plan entitled, "410 Shelburne Road For: Larkin Realty
South Burlington, Vermont," prepared by Rabideau Architects, Inc., dated 10/30/98, last revised
on 7/19/99, 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 listed below and shall require approval of the
Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised
plan shall be submitted to the Director prior to permit issuance.
a) The site plan shall be revised to provide a bike rack for each building.
b) The site plan notes shall be revised to note that 69 parking spaces will be provided.
c) The access connection to 388 Shelburne Road shall be relocated if determined
necessary by the Director.
3) All parking spaces on the site shall be striped as shown on the approved site plan prior to the
issuance of a Certificate of Occupancy/Compliance.
4) The Planning Commission grants a landscaping credit of $3840 for existing landscaping. It is
the Commission's opinion that the existing site is adequately landscaped.
5) Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants a 16
space or 18.8% parking waiver. It is the Commission's opinion that adequate parking is available.
6) This property is located in Traffic Overlay Zone 5 which allows this property to generate a
maximum of 64.2 vte's during the P.M. peak hour. Based on traffic counts submitted by the
applicant, it is estimated that the currently approved site generates 69.9 vte's, and with the
expansion and medical office use will generate 76 vte's for a 6.1 vte increase. Pursuant to Section
21.50 of the zoning regulations, the Planning Commission determines that the mutual access to
the property to the north will produce a net benefit for traffic flow in the vicinity, and therefore,
approves the additional peak hour volume.
7) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Planning Commission estimates that the additional general office space and the
medical office space will generate 6.1 additional vehicle trip ends during the P.M. peak hour.
8) Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to
approved lights shall require approval of the Director prior to installation. The floodlight at the
rear of the KFC building shall be removed and replaced with a downcasting shielded fixture
approved by the Director.
9) All dumpsters shall be stored within the dumpster enclosure.
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 medical office space.
12) Any changes to the site plan shall require approval by the South Burlington Planning Commission.
13) Prior to issuance of a zoning permit, the applicant shall record an easement that allows 408-410
Shelburne Road to access Proctor Avenue over 388 Shelburne Road. The legal document shall require
approval of the City Attorney prior to recording.
Chairman or Cltrk
South Burlington Planning Commission
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