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HomeMy WebLinkAboutZB-94-0001 - Decision - 0508 Shelburne RoadPLANNING COMMISSION CITY OF SOUTH BURLINGTON Re: APPLICATION OF HEATHCOTE ASSOCIATES - AMEND CONDITION OF APPROVAL This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 19.10 of the South Burlington Zoning Regulations and pursuant to Section 204 of the South Burlington Subdivision Regulations on application of Heathcote Associates, hereinafter "Applicant" for approval to amend a condition of approval requiring termination of the drive -through banking service at the Factory Outlet Mall, Shelburne Road. The amendment consists of allowing the drive -through service to remain and includes proposed changes to the bank building and revisions in parking and circulation in the vicinity of the bank building as depicted on a four (4) page set of plans, page one entitled "The Outlet Center, Bank Site Plan", prepared by Lamoureux & Stone and dated 7/30/92, last revised 1/3/94. The Applicant was present at all public meetings held relative to this application. Based on evidence submitted at the meetings and as part of the application, the Planning Commission hereby renders the following decision on this application: FINDINGS OF FACT 1. The purpose of this application is to amend condition #8 of the 9/27/88 approval for construction of a 15,460 square foot addition to the Factory Outlet retail facility. This condition was subsequently amended on 10/29/91 and 4/28/92. This condition required the drive -through banking service on the property to terminate by 10/29/92. 2. The Applicant is requesting to amend condition #8 so that the drive -through bank service may remain. As part of the request, the Applicant is proposing changes to the bank building and parking and circulation changes in the vicinity of the bank. 3. Access/circulation: The proposed plan would result in two (2) additional curb cuts on O'Dell Parkway, which is planned to be a City street. The easterly most curb cut would be 25 feet wide and would provide two-way access to the bank driveway. The other curb cut would be 40 feet in width and would provide three (3) exit lanes (two (2) service lanes and one (1) by-pass lane) for the drive -through facility. Section 19.103(a) of the zoning regulations limits each lot to one (1) driveway unless specifically approved by the Planning Commission. This lot currently has four (4) drive -ways, three (3) on O'Dell Parkway and one (1) on Shelburne Road. Two (2) additional driveways on O'Dell Parkway are being proposed. Section 19.103(b) of the zoning regulations limits the maximum width of a commercial curb cut to 36 feet. 4. This proposal will alter traffic circulation on the Factory Outlet Mall site. Under the current approved plan traffic may go completely around the mall building and remain on the mall property. It has been documented that the majority of traffic going to the rear of the property accesses the rear from the north, either via the access drive around the north end of the building or via O'Dell Parkway. The applicant represented that of all the traffic which accesses the rear parking area from the north, 50% uses the northern access drive while the remaining 50% utilizes O'Dell Parkway. This proposal will alter traffic circulation on the north side by eliminating the two-way driveway along the building and requiring traffic to leave the mall property, enter onto O'Dell Parkway and then re-enter the mall property. 5. The results of a three (3) year parking study conducted on the site from November, 1990 through October, 1993 indicate that the parking areas in front of the Factory Outlet building are over - utilized while the parking areas in the rear of the property are under-utilized. The parking study results also indicate a regular occurrence of illegal parking in the main access/fire lane which provides access and circulation to the parking areas in front and in the rear of the building. The applicant represented that the occurrence of illegal parking in the vicinity of the bank building increased after the closure of the drive -through lanes. 6. On March 8, 1994, the Planning Commission approved a motion to direct the applicant to hire parking lot attendants to regulate circulation and parking within the main access/fire lane and parking lots located in front of the Factory Outlet Mall building. The parking lot attendants shall regulate said circulation and parking on Fridays during the hours of 2:30 P.M. and 6:30 P.M. and on Saturdays during the hours of 12:00 P.M. and 4:00 P.M. 7. As stated above, the applicant proposes to add two (2) curb - cuts on O'Dell Parkway and direct all traffic which accesses the rear of the property to use O'Dell Parkway. O'Dell Parkway currently functions as a public street right-of-way in that it provides access to several separate commercially developed properties. In addition, O'Dell Parkway is planned in the City's Comprehensive Plan and Official Map to become a City street and eventually connect through to Farrell Street. O'Dell Parkway is currently not built to City public street specifications and is in an unsafe and inadequate condition. It contains potholes and cracking pavement and is not well defined in terms of width and curbs. The plan submitted by the applicant shows substantial improvement to O'Dell Parkway in terms of bringing it to public roadway standard. The applicant indicated at the meeting, however, that they do not intend to do as part of this application the improvements to O'Dell Parkway as shown on the plan. 8. Setbacks: The new canopy for the drive -through facility will 2 not meet the 30 foot setback requirement. This is a requirement of Section 18.102 of the zoning regulations. This structure is proposed to be 7-8 feet from the boundary line. CONCLUSIONS 1. Section 19.103(a) of the zoning regulations limits each lot to one (1) driveway. The project site currently has four (4) driveways, three (3) of which are on O'Dell Parkway and one (1) on Shelburne Road. The Applicant is proposing two (2) additional driveways on O'Dell Parkway. The Planning Commission concludes that adding two (2) driveways to O'Dell Parkway is unacceptable as this would result in increased congestion and unsafe conditions along this proposed City street. 2. Section 19.102(b), Circulation, requires adequate traffic movement patterns on the site. The proposed plan would alter traffic c-ivr"lation on the north side of the site by eliminating the two-way driveway along the building and requiring traffic to leave the mall property, enter onto O'Dell Parkway and then re- enter the mall property. This would further inhibit efficient and safe access to the rear of the property. In addition, the proposed plan would increase traffic on O'Dell parkway which is currently in an unsafe condition and which is not proposed to be improved or reconstructed to City public street standards. The Planning Commission concludes that the proposal results in an undesirable traffic circulation pattern which creates more congestion and an unsafe traffic condition on O'Dell Parkway so therefore Section 19.102(b) is not being met. 3. Section 19.102(c), Parking, requires adequate on -site parking in terms of number of parking spaces, location, and proper dimensions of parking spaces and aisles. The three (3) year parking study indicated that there is an over -utilization of parking areas in front of the Factory Outlet building while there is an under -utilization of the parking areas in back of the building. There are often more vehicles parked in the front parking areas than there are spaces available. As stated in Conclusion #2 above, the proposed plan would further inhibit efficient and safe access to the rear of the property where there is unused parking capacity for the site. Therefore, the parking problems experienced in the front of the site due to over - utilization will not be addressed. The Planning Commission concludes that Section 19.102(c) is not being met. 4. Section 19.103(b) of the zoning regulations limits the maximum size of a commercial driveway to 36 feet. The Applicant is proposing a 40 foot wide driveway. The Planning Commission concludes that Section 19.103(b) is not being met. In addition, the proposed plan shows three (3) existing lanes within this one 3 driveway. This would potentially allow three (3) vehicles to exit at the same time which could result in an unsafe traffic condition. 5. Section 18.102 of the zoning canopy for the drive -through to future street. The Applicant is 7-8 feet from the boundary line. that Section 18.102 is not being regulations requires the proposed meet a 30 foot setback from the proposing to construct the canopy The Planning Commission concludes met. nPr T G T nM Based on the above Findings of Fact and Conclusions, the South Burlington Planning Commission hereby denies the Applicant's request to amend a condition of approval requiring termination of the drive -through banking service by allowing the drive -through service to remain and would include changes to the bank building, parking and circulation in the vicinity of the bank building, for the following reasons: 1. The application does not comply zoning regulations. Only one (1) This lot currently has four (4) driveways are being requested. with Section 19.103(a) of the driveway is allowed per lot. driveways and two (2) more 2. The application does not comply with Section 19.102(b), Circulation, of the zoning regulations. The site currently has adequate on -site traffic circulation and the proposal results in an undesirable traffic circulation pattern creating more congestion, and unsafe traffic conditions on O'Dell Parkway. 3. The application does not comply with Section 19.102(c), Parking, of the zoning regulations. The proposal further inhibits adequate access to the rear of the site where there is unused parking capacity, and therefore does not address the over - utilization of the parking areas located in front of the Factory Outlet building. 4. The applicant does not comply with Section 19.103(b) of the zoning regulations. One of the driveways being proposed is 40 feet in width and the maximum width allowed is 36 feet. In addition, three (3) exiting lanes in one location could potentially lead to unsafe traffic conditions. 5. The application does not comply with Section 18.102 of the zoning regulations. The proposed canopy for the drive -through will not meet the 30 feet setback requirement. 4 Dated this /�� date of March, 1994 at South Burlington, Vermont. Chairman rr--����Glen_ .. South Burlington Planning Commission