HomeMy WebLinkAboutSP-94-0000 - Decision - 0760 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Gary Bourne for conversion of
807 square feet within a 2,100 square foot service station to
convenience store use, 760 Shelburne Road.
On the 8th of February, 1994, the South Burlington Planning
Commission approved the request of Gary Bourne for site plan review
under Section 19.10 of the South Burlington Zoning Regulations
based on the following findings:
1. This project consists of converting 807 square feet of a 2,100
square foot three (3) bay service station to a convenience store
leaving two (2) bays and 675 square feet for auto repair and 554
square feet for storage and bathrooms. The Planning Commission
approved an addition and canopy at this site on 1/26/88. The
Zoning Board of Adjustment on 12/13/93 granted the applicant a
conditional use permit for the multiple use.
2. This property located at 760 Shelburne Road lies within the Cl
District. It is bounded on the north by Swift Street, on the east
by a mixed use commercial building owned by the applicant, on the
south by Pizza Hut, and on the west by Shelburne Road.
3. Access/circulation: Access is provided by a 40 foot curb cut
on Shelburne Road and a 50 foot curb cut on Swift Street. The
applicant is proposing to reduce the size of the Swift Street curb
cut down to 40 feet.
4. Parking: The existing and proposed uses require a total of 11
spaces and 17 are shown on the plan including one (1) handicapped
space. The easterly most space along the southerly boundary should
be eliminated since it will block access to a parking space and
access to the service annex on the adjacent property.
5. Landscaping: The minimum landscaping requirement, based on
building costs, is $90 which is not being met. The site was
landscaped as part of the 1988 expansion. Staff did not recommend
additional landscaping.
6. Traffic: This property is located in Traffic Overlay Zone 1
which allows this property to generate 7.1 P.M. peak hour trip
ends. Based on I.T.E., the existing service station use is
estimated to generate 60.72 vte's and the proposed service station
with convenience market to generate 69.8 vte's for a 9.08 vte or
14.9% increase. The Planning Commission may approve traffic
volumes above the normal standards if the Commission finds that
other site improvements will produce a net benefit for traffic flow
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in the vicinity. The following improvements will produce such a
benefit: 1) reduction of the Swift Street curb cut from 50 feet
to 40 feet, 2) replacement of existing high -intensity flood lights
with downcasting and shielded fixtures, 3) construction of a
sidewalk and dedication of a sidewalk easement along the Swift
Street frontage, and 4) installation of a "no left turn sign" at
the Shelburne Road access.
7. Coverage/setbacks: Building coverage is 11% (maximum allowed
is 30%). Overall coverage is 82% (maximum allowed is 70%). Front
yard coverage is 100% (maximum allowed is 30%). These coverages
are existing and will not be made worse by this application.
The canopy does not meet the front yard setback and the building
does not meet the rear yard setback. Both structures are
noncomplying and are subject to Section 19.002 of the zoning
regulations.
8. Sewer: No additional allocation needed.
9. Lighting: exterior lighting consists of the following:
--- four (4) 400 watt metal halide flood lights on three (3)
poles.
--- 12-400 watt metal halide lamps under the canopy.
--- florescent lights under the eaves.
Staff recommended that the flood lights be replaced with
downcasting shielded luminaries.
10. Dumster: Applicant proposes to cover dumpster storage area
with a roof to keep snow falling off the roof and filling up the
dumpster area. This will make it easier for the trash hauler to
return the empty dumpster to the storage area.
11. Sidewalk: The applicant was required as part of the 1/26/88
approval to construct a sidewalk along Swift Street but the
sidewalk was never constructed. Staff consulted with the Public
Works Superintendent who recommends that the applicant construct
the sidewalk. The plan should be revised to show the sidewalk in a
location approved by the City Engineer and Public Works
Superintendent. The legal document for the sidewalk easement
should be reviewed and approved by the City Attorney. This
document should be recorded in the land records prior to permit.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of Gary Bourne for
conversion of 807 square feet within a 2,100 square foot service
station to convenience store use as depicted on a plan entitled
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"Site Plan, Gary J. Bourne, 760 Shelburne Road" and dated June,
1987, last revised 1/27/94, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. This property is located within Traffic Overlay Zone 1 which
limits the property to a generation of 7.1 vehicle trip ends
(vte's) during the PM peak hour. Based on ITE trip generation
rates, it is estimated that the existing use generates 60.72 P.M.
peak hour vte's and that the proposed use will generate 69.8 P.M.
peak hour vte's. The Planning Commission may approve traffic
volumes above the normal standards if the Commission finds that
other site improvements will produce a net benefit for traffic flow
in the vicinity. It is the Commission's determination that the
improvements listed below will result in a net benefit for traffic
flow and therefore approves the project including the 9 additional
peak hour trip ends. The improvements include: 1) reduction of the
Swift Street curb cut from 50 feet to 40 feet, 2) replacement of
existing high -intensity flood lights with downcasting and shielded
fixtures, 3) construction of a sidewalk and dedication of a
sidewalk easement along the Swift Street frontage, and 4)
installation of a "No Left Turn" sign at the Shelburne Road access.
3. Prior to issuance of a zoning/building permit, the applicant
shall contribute $231 to the Shelburne Road Intersection
Improvement Fund based on the additional 9 peak hour vte's
estimated to be generated by this project.
4. The existing flood lights shall be removed and replaced with
downcasting and shielded fixtures. Any change in existing lighting
or new lighting shall consist of downcasting, shielded fixtures and
shall be approved by the City Planner prior to installation.
5. The plan shall be revised prior to issuance of a
zoning/building permit to show the changes listed below and shall
require approval by the City Planner. Three (3) copies of the
approved revised plan shall be submitted to the City Planner.
a) Show 16 parking spaces.
b) Show proposed exterior lighting and existing lighting to
remain.
c) The plan shall show the new sidewalk along Swift Street
in a location approved by the City Engineer and Public
Works Director. The existing green strip shall be
relocated, if necessary.
d) The plan shall show the new sidewalk continuous across
the Swift Street driveway.
e) Show existing sidewalk along entire Shelburne Road
frontage.
f) Show location and types of exterior lighting.
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6. The applicant shall be responsible for installing the sidewalk
along the Swift Street frontage. The sidewalk shall be installed
in accordance with City of South Burlington specifications.
7. The applicant shall obtain a zoning/building permit within six
(6) months or this approval is null and void.
8. Any changes to the site plan shall require approval by the
South Burlington Planning Commission.
Chairman or Clerk
South Burlington Planning Commission
Date
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