HomeMy WebLinkAboutSP-02-54 CU-02-25 - Decision - 0977 Shelburne Road#SP-02-54 and #CU-02-25
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan and conditional use application #SP-02-54 and #CU-02-25
of Jolley Associates to amend a site plan for a 1300 sq. ft. convenience store with gas sales.
The request is for permission to: 1) raze an existing 1,300 sq. ft. convenience store building,
and 2) construct a new 6375 sq. ft.(2125 sq. ft. in basement area) convenience store/deli on
a lot developed with a 3264 sq. ft. gas pump island canopy and four (4) gas pumps (eight (8)
fueling positions) and one (1) diesel pump (two (2) fueling positions), 977 Shelburne Road.
On the P of December, 2002, the South Burlington Development Review Board
approved the request of Jolley Associates seeking approval under Section 26.05,
Conditional Uses, and site plan approval under Section 26.10, of the South Burlington
Zoning Regulations based on the following findings:
1) This project consists of amending a site plan for a 1300 sq. ft. convenience store
with gas sales. The request is for permission to: 1) raze an existing 1,300 sq. ft.
convenience store building, 2) construct a new 6375 sq. ft.(2125 sq. ft. is
basement area) convenience store/deli on a lot developed with a 3264 sq. ft. gas
pump island canopy and four (4) gas pumps (eight (8) fueling positions) and one
(1) diesel pump (two (2) fueling positions). The Board reviewed this project at
their 3/19/02 meeting to approve filling.
2) The owner of record is Jolley Associates.
3) This property located at 977 Shelburne Road lies within the C1 District. It is
bounded on the north by the K-Mart Shopping Plaza, on the east by Shelburne
Road, on the west and by Hannaford's, and on the south by Burger King.
CONDITIONAL USE CRITERIA
4) The proposed project complies with the stated purpose of the Commercial 1
District, "to encourage the location of general retail and office uses in a manner
that serves as or enhances a compact central business area," and does not
adversely affect:
a. The capacity of existing or planned municipal or educational facilities- no
effect expected.
b. The essential character of the neighborhood or district in which the
property is located, nor the ability to develop adjacent property for
appropriate uses- no effect expected.
c. Traffic on roads and highways in the vicinity -no effect expected.
d. Bylaws in effect- no effect expected.
e. Utilization of renewable energy resources -no effect expected.
f. General public health and welfare -no effect expected.
SITE PLAN CRITERIA
5) Access/circulation: Access is via two (2) 36 foot wide curb cuts off Shelburne
Road. No change proposed. Circulation on site is adequate.
6) Coverage/setback: The proposed building coverage is 5.57%; up from 1.71%
(maximum allowed is 30%). The proposed overall coverage is 45.96%; up from
39.6% (maximum allowed is 70%). The proposal includes a reduction in front
yard coverage to 55.2%, down from 58.9% (maximum allowed is 30%).
The proposed building meets the required minimum setbacks. The plan indicates
the rear setback requirement is 15 feet. This is not correct, the rear setback in the
Cl District is 30 feet.
7) Dumpsters: The plan shows an enclosed dumpster storage area.
8) Parking: The minimum parking requirement is 20 spaces. The plan shows 20
spaces including one accessible space. The plan shows a bike rack.
9) Landscaping: The minimum landscaping requirement based on building cost is
$9150. The proposal meets the requirement. The plantings include lilac,
arborvitae, little leaf linden and junipers.
The city arborist reviewed the proposal and stated that little leaf lindens and some
maples are overplanted in South Burlington. He suggested some alternate
species. These include turkish filbert, english oak, silver linden and others.
10) Lighting: The applicant should provide details for all existing and proposed
exterior light fixtures and show their location on the plan. All proposed light
fixtures must be downcasting and shielded and must be approved by the Director
prior to installation.
11) Other: It is the Board's policy to prohibit outside storage and display at
convenience stores. Staff recommended a condition prohibiting any outside
storage or display.
Traffic Review:
12) The number of fueling positions was used to estimate the number of vehicle trip
end's. The application before the Board did not include an increase in the number
of pumps or fueling positions. Therefore, no additional traffic expected.
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DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan application # SP-02-54 and conditional use application #CU-02-25 of
Jolley Associates to amend a site plan for a 1300 sq. ft. convenience store with gas sales.
The request is for permission to: 1) raze an existing 1,300 sq. ft. convenience store building,
and 2) construct a new 6375 sq. ft.(2125 sq. ft. in basement area) convenience store/deli on
a lot developed with a 3264 sq. ft. gas pump island canopy and four (4) gas pumps (eight (8)
fueling positions) and one (1) diesel pump (two (2) fueling positions), 977 Shelburne Road,
as depicted on a one (1) page plan, entitled "S. B. Collins Shelburne Road Site Plan-50'
x85' Shelburne Road South Burlington, Vermont", as prepared by Schreib Engineering,
Inc., dated 11/6/02, with a revised date of 11/18/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The site plan shall be revised to show the changes listed below and shall require
approval by the Director of Planning and 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 show the rear yard setback requirement for
the C 1 District as 30 feet, both on the plan and in the notes.
b. The site plan shall be revised to show the changes requested by the city
arborist regarding tree species selection.
c. The site plan shall be revised to show water and sewer services to the
building.
3) All exterior display or storage of merchandise is prohibited.
4) The applicant shall comply with all requests of the Fire Department including: 1)
installation of the necessary fire alarms, 2) provisions for an emergency key box,
location specified by the SBFD, and 3) compliance with all requirements of the
Vermont Department of Labor and Industry.
5) Prior to issuance of a zoning permit, the applicant shall provide cut sheets for both
existing and proposed exterior light fixtures. All exterior light fixtures must be
downcasting and shielded and approved by the Director of Planning and Zoning
prior to installation.
6) Prior to issuance of a zoning permit, the applicant shall post a $9150 landscape
bond. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
7) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the convenience store
expansion will generate zero (0) additional trip ends during the P.M. peak hour.
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8) 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.
9) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer before use of the new structure.
10) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chair ort*rk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. Ifyou fail to appeal this decision, your right to challenge this decision at some future time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d)
(exclusivity of remedy; finality).
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