HomeMy WebLinkAboutSP-93-0000 - Decision - 1080 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of A.P. Restaurant Group, Inc.
to increase the seating of an existing 265 seat restaurant to 303
seats and to raze an existing building on the same lot currently
used for retail use, 1080 Shelburne Road.
On the 23rd of February, 1993 the South Burlington Planning
Commission approved the request of A.P. Restaurant Group, Inc. for
site plan review under Section 19.10 of the South Burlington Zoning
Regulations based on the following findings:
1) There are two (2) existing buildings on this property: Perry's
Restaurant building and the fish market building. This project
proposes to raze the fish market building and add 38 seats in the
restaurant. The plan indicates that the fish market building is
1800 square feet. Tax records indicate it is 1296 square feet and
staff has measured it to be 1320 square feet. The seats in the
restaurant would be added without increasing the size of the
restaurant building. This site was last reviewed by the Planning
Commission on 5/26/92 when a farmer's market was approved. The
previous approval was on 10/8/85 when an expansion to the
restaurant was approved.
2) This property located at 1080 Shelburne Road is within the
Commercial 1 District. It is bounded on the north by an auto
dealership and Kwik Photo, on the east by the access road to
Orchard School, on the south by Baldwin Avenue and on the west by
Shelburne Road.
3) Access/circulation: This property will be served by a 34 foot
curb cut on Shelburne Road and a 24 foot curb cut on Baldwin
Avenue. A 62 foot curb cut on Baldwin Avenue close to the Baldwin
Avenue/Shelburne Road intersection will be closed as part of this
application.
Circulation is adequate.
4) Coverage/setbacks: Building coverage is 12.8% (maximum allowed
is 30%). Overall coverage is 69.2% (maximum allowed is 70%). This
is a reduction from the current 72% overall coverage. Front yard
coverage will be reduced from 55.3% to 51.7% (maximum allowed is
30%).
5) The restaurant building does not meet the front yard setback
requirements and is therefore a noncomplying structure subject to
Section 19.002 of the zoning regulations.
1
6) Parking: The restaurant with the 38 additional seats requires
105 parking spaces and 105 spaces are being provided including
three (3) handicapped spaces.
7) This parking plan is an improvement over the existing one which
has a portion of six (6) parking spaces located within the
Shelburne Road r.o.w. The proposed plan adds a six (6) foot green
strip along Shelburne Road and moves all the spaces out of the
r.o.w.
8) Traffic: This property is in Traffic Overlay Zone 2 which
allows the property to generate 37 vehicle trip ends during the
P.M. peak hour. It is estimated that the current uses on the
property generate 67 trip ends during the peak hour. It is
estimated that the proposed use (i.e., 303 seat restaurant) will
generate 70 trip ends during the P.M. peak hour, or 3 additional
trip ends over existing conditions.
9) Section 17.50 of the South Burlington zoning regulations allows
the Commission to approve uses which generate peak hour traffic
volumes above the normal standards if the Commission determines
that other site improvements will produce a net benefit for traffic
flow in the vicinity. The proposed closing of the existing 62 foot
curb cut on Baldwin Avenue which is located only 30 feet from the
Baldwin Avenue/Shelburne Road intersection will result in a net
benefit in terms of traffic access exiting and entering the site.
10) The applicant would be required to contribute $60 to the
Shelburne Road Intersection Improvement Fund for the 2.5 additional
trip ends.
11) Landscaping: There is no minimum landscaping requirement for
this project. The applicant is proposing $1150 in new landscaping
in the front yard. Some of this landscaping is proposed to be
placed within the Shelburne Road r.o.w. Plantings will include
Azalea, Viburnum, Dogwood, Potentialla, Yew and Shad Bush.
12) Sewer: A sewer allocation of 1140 gpd is needed for 38
additional seats. The applicant should pay the per gallon fee
prior to permit.
13) Lighting: No additional exterior lighting proposed. Current
lighting consists of the following:
0 1-400 watt metal halide lamp on a 30 foot pole.
0 2-400 watt metal halide lamps on a 30 foot pole.
0 5-100 watt bulbs on eight (8) foot poles along decks.
0 20 +/ - landscape lamps highlighting landscaping (low
wattage).
o many small wattage incandescent wall and ceiling lamps
located on the building.
2
All lighting should be appropriately shielded or directed so as not
to cast light beyond the property line.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of A.P. Restaurant
Group, Inc. to increase the seating of an existing 265 seat
restaurant to 303 seats and to raze an existing building on the
same lot which is currently used for retail use as depicted on a
plan entitled "Perry's Fish House, South Burlington, Vermont,
Proposed Site", prepared by Lawrence Atkin Architect, Inc. and
dated 1/11/93, last revised 2/3/93, with the following
stipulations:
1) All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2) The applicant shall post a $1,150 landscaping bond prior to
issuance of a zoning/building permit. The bond shall remain in
effect for a period of three (3) years to assure that the planted
landscaping takes root and has a good chance of surviving.
3) An additional sewer allocation of 1,080 g.p.d. is granted for
the additional 38 seats. This assumes a credit for the market
building which will be razed. The applicant shall pay the required
sewer allocation fee prior to issuance of a zoning/building permit.
4) All exterior lighting shall be properly shielded or directed so
as not to cast light beyond the property line. Any change in
existing lighting or new lighting shall be approved by the City
Planner prior to installation.
5) This property is located in Traffic Overlay Zone 2 which allows
the property to generate 37 trips ends during the p.m. peak hour.
It is estimated that the current uses on the property generate 67
trip ends during the peak hour. It is estimated that the proposed
use (i.e., 303 seat restaurant) will generate 70 trip ends during
the p.m. peak hour, or 3 additional trip end over existing
conditions.
Section 17.50 of the South Burlington zoning regulations allows the
Commission to approve uses which generate peak hour traffic volumes
above the normal standards if the Commission determines that other
site improvements will produce a net benefit for traffic flow in
the vicinity. It is the Commission's opinion that the proposed
closing of the existing 62 foot curb cut on Baldwin Avenue which is
located only 30 feet from the Baldwin Avenue/Shelburne Road
intersection will result in a net benefit in terms of traffic
access exiting and entering the site. Therefore, the Commission
approves the estimated 70 peak hour trip ends.
3
6) The applicant shall contribute prior to issuance of a zoning
permit $60 to the Shelburne Road Intersection Improvement Fund
based on the 3 additional trip end estimated to be generated by
this project.
7) Prior to issuance of a zoning/building permit, the applicant
shall submit a revised plan to the City Planner for approval which
shows the following changes:
a) The notes pertaining to the square footage of the existing
market building, including traffic generation calculations, shall
be revised to indicate that the building consists of 1,320 square
feet.
8) In the event the State of Vermont requires the applicant to
move any or all landscaping located within the limits of the
Shelburne Road r.o.w., the applicant shall be required to submit a
revised landscape plan to the City Planner for approval.
9) This site plan approval shall not be construed as approval to
alter a nonconforming structure. The decision of whether or not to
grant approval for alteration to a nonconforming structure shall be
made by the Administrative Officer in accordance with Section
19.002 of the zoning regulations.
10) The applicant shall obtain a zoning/building permit within six
(6) months or this approval is null and void.
11) The applicant shall obtain a Certificate of Occupancy from the
Administrative Officer prior to use of the additional seating.
12) The applicant may not alter the plan without approval of the
South Burlington Planning Commission.
Chairman oi C er
South Burlington Planning
3
D to
4
Commission