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HomeMy WebLinkAboutSP-94-0000 - Decision - 0977 Shelburne RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Jolley Associates to construct a 262 square foot addition to a convenience store with gas sales and a 121x 24' dumpster shed, 977 Shelburne Road. On the 12th of April, 1994 the South Burlington Planning Commission approved the request of Jolley Associates for site plan review under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of the construction of a 262 square foot addition to a convenience store with gas sales and a 121x24' dumpster shed. This project was denied on 12/14/93. The applicant is proposing to give the City a 60 foot r.o.w. across this property which would connect with the proposed r.o.w. on the adjacent Pomerleau property. 2. This property located at 977 Shelburne Road lies within the C1 District. It is bounded on the north by the K-Mart Plaza, on the west by undeveloped land, on the south by Burger King and undeveloped land and on the east by Shelburne Road. 3. Access/circulation: Access is provided via two (2) 36 foot wide curb cuts on Shelburne Road. No access changes proposed. Circulation is adequate. 4. Coverage/setbacks: Building coverage is 6.5% (maximum allowed is 30%). Overall coverage is 41.5% (maximum allowed is 70%). Front yard coverage is 66.1% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. Setback requirements are met. 5. Parking: This site requires a total of 13 parking spaces and 17 spaces are available. The available spaces include two (2) spaces at each of the four ( 4 ) pump islands and nine ( 9 ) spaces along the southerly boundary. 6. Landscaping: The minimum landscaping requirement for this project, based on building cost, is $450 which is not being met. Plantings proposed, which include Dogwood, Mugho Pine and Burning Bush, are $230 short of the requirement. Staff recommended that the plan be revised to show additional plantings to meet the minimum requirement. 1 7. Traffic: This property is located in Traffic Overlay Zone 1 which allows this property to generate a maximum of 28.4 vehicle trip ends (vte's) during the P.M. peak hour. I.T.E. uses two (2) methods to estimate trip generation for this type of use, gross floor area and number of pumps. Based on gross floor area the use currently generates 68.4 vte's and based on pumps it generates 82.4 vte's. This addition will increase trips, based on gross floor area, by 19.2 vte's to 87.6 vte's. Since no pumps will be added the trip end estimate based on pumps will not change. The applicant is proposing to give the City a 60 foot r.o.w. across the central portion of this property which could be used to continue the proposed r.o.w. on the adjacent Pomerleau property onto the K-Mart property and connect the r.o.w. to Queen City Park Road. 8. Lighting: Exterior lighting consists of nine (9) 400 watt metal halide lamps on 16 foot poles with cutoff luminaries. 9. Sewer: No additional allocation needed. 10. R.O.W. The plan should be revised to note that an irrevocable offer of dedication will be given the City for the proposed r.o.w. The applicant should submit a copy of the irrevocable offer of dedication for review and approval by the City Attorney. This document should be recorded prior to issuance of a zoning/building permit. This r.o.w., when accepted by the City, will split this lot in two resulting in a developable lot in the back. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the Site Plan application of Jolley Associates to construct a 262 square foot addition to a convenience store with gas sales and a 121x 24' dumpster shed, 977 Shelburne Road, as depicted on a plan entitled "S.B. Collins, Shelburne Road, Site Plan" dated March 12, 1993, last revised April 7, 1994, prepared by Schreib Engineering, Inc., 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 prior to issuance of a zoning/building permit to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) Additional landscaping shall be added to the plan with a minimum value of $230. 2 b) The plan shall be revised to note that the City of South Burlington will be given an irrevocable offer of dedication for the proposed 60 foot r.o.w. 3. The applicant shall post a landscape bond in the amount of $450. This bond shall be posted prior to issuance of a zoning/building permit. The bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 4. This property is located in Traffic Overlay Zone 1 which allows this property to generate a maximum of 28.4 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the existing use to generate 68.4 vte's during the P.M. peak hour and with the proposed addition to generate 87.6 vte's. This is a 19.2 vte increase. Pursuant to Section 17.50 of the zoning regulations, the Planning Commission may approve peak hour traffic volumes above the normal standards if it determines that other site improvements will produce a net benefit for traffic flow in the vicinity. It is the Planning Commission's opinion that granting the City a 60 foot r.o.w. across the central portion of the property which could be used to continue the proposed r.o.w. on the adjacent Pomerleau property to the K-Mart property will provide such a benefit. Therefore, the provisions of Section 17.50 are adequately met. 5. The applicant shall contribute $493 prior to issuance of a zoning/building permit to the Shelburne Road Intersection Improvement Fund for the 19.2 additional vte's to be generated by this project. 6. The legal document (i.e., irrevocable offer of dedication) for the 60 foot r.o.w. shall be submitted for review and approval by the City Attorney. This document shall be recorded in the South Burlington land records prior to issuance of the zoning/building permit. 7. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 8. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the addition. 3 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. Chairman or Clerk South Burlington Planning Commission VI I �A,;�/- to 4