HomeMy WebLinkAboutSP-01-19 CU-01-11 - Decision - 1110 Shelburne Road#SP-01-19 & CU-01-11
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application #SP-01-19 and conditional use application #CU-01-11 of
Jolley Associates to amend a site plan to construct: 1) a 3,000 square foot convenience store, and 2) a
2016 square foot canopy, and 3) two (2) pump islands. The structure, formerly known as Wesson's
Diner, currently existing on the site would be removed, 1110 Shelburne Road.
On the 1 st of May, 2001, the South Burlington Development Review Board approved the conditional use
application under Section 26.05 and site plan application under Section 26.10 of the South Burlington
Zoning Regulations of Jolley Associates based on the following findings:
1. This project consists of amending a site plan to construct: 1) a 3,000 square foot convenience store,
and 2) a 2016 square foot canopy, and 3) two (2) pump islands. The structure, formerly known as
Wesson's Diner, currently existing on the site would be removed, 1110 Shelburne Road.
2. The owner of record of this particular property is Jolley Associates.
3. This property is located within the Commercial One District and Traffic Overlay District Zone Five.
It is bounded on the west by Shelburne Road, on the south by a commercial property, on the east by a
commercial property, and on the north by Baldwin Avenue.
Site Plan Criteria:
4. Access/Circulation: Access is proposed via 36 foot ingress and egress curb cuts on Shelburne
Road and on Baldwin Avenue. Section 26.103(d) of the Zoning Regulations requires that driveway
should not be more than 200 feet from signalized street intersections. The applicant has moved the
proposed access drive on Shelburne Road as close to the southern edge of the property boundary
along Shelburne Road as possible. The Baldwin Avenue point of access is also less than 200 feet
from the intersection, this point of access is located as far east on the property boundary along
Baldwin Avenue as possible. Section 26.103(a) of the Zoning Regulations stipulates that there
should be a maximum of one driveway per lot... excluding dual driveways where one lane is marked
for entering traffic and one lane for exiting traffic.
Circulation on the site is adequate.
5. Coverage/Setbacks: The proposed building coverage will increase from 14.7% to 16.72% (30%
allowed max) and the total coverage will decrease from 93.6% to 58.06% (70% allowed max). The
applicant has proposed decreasing the front yard coverage along Shelburne Road from 97.8% to
28.93% (30% max). The front yard coverage along Baldwin Avenue will also decrease from 93.2%
to 29.4% (30% max).
All setbacks are be met.
6. Parking: The proposed use of convenience store requires nineteen (19) parking spaces according
to Section 26.252 of the Zoning Regulations. Eleven (11) parking spaces are being provided for an 8
space or 42% shortfall. The applicant has submitted a parking study which indicates that the
proposed number of spaces will be adequate. One handicapped space is being provided and one is
required. A bike rack is being provided.
7. Lighting: The applicant has proposed eight 175 watt metal halide lights installed on 16 foot poles,
six 175 watt metal halide building mounted lights, and eight 175 watt metal halide canopy lights.
Section 25.105(e) of the Zoning Regulations requires that all exterior lighting be downcasting and
shielded so as not to cast light beyond the property line. A point by point lighting plan was submitted
which illustrates that light will be cast off the property. Staff recommends that the lighting plans be
revised to provide no light spill off the property. The applicant has submitted a request that the
lighting spill be allowed as Appendix B of the Zoning regulations may allow for lighting spill off
parking areas and walkways. Section 26.105(e) of the Zoning Regulations requires that "exterior
lighting shall be downcasting and properly shielded is not to cast light beyond the property line".
8. Landscaping: The minimum landscaping requirement, based on building costs, is being met.
Proposed landscaping includes Youngstown Junipers, Anthony Waterer Sprirea, and Green Ash
trees. The Ash trees located in the front yard should be increased in size to a minimum of 2 %Z"
caliper.
9. Sewer: No additional sewer allocation is requested.
10. Dumpster: A screened dumpster is being provided.
11. Other: There should be no exterior display or storage of merchandise.
12. Traffic Overlay District Review:
This property is located in Traffic Overlay Zone Two which allows this property to generate a
maximum of 15 vehicle trip ends (vtes) during the P.M. peak hour. It is estimated that the current
use of the property to be developed generates 60 P.M. peak vtes or 300% more than permitted. The
proposed use will generate 76.88 P.M. peak vtes. The applicant is therefore proposing a 16.88 or
28% increase above existing conditions which is 412% more vtes than permitted by the Traffic
Overlay District. Section 21.50 of the Zoning Regulations allows the Development Review Board to
approve peak hour traffic volumes above the normal standards if the Board determines that other site
improvements will produce a net benefit for traffic flow in the vicinity. The only site improvement
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is the elimination of one (1) curb cut on Shelburne Road. The applicant has submitted a traffic study
indicating that the proposed uses will result in an overall traffic decrease from that previously
proposed plan.
13. Conditional Use Criteria:
The proposed use does comply with the stated purpose of Commercial One District: "Other uses that
would benefit from nearby access to a central business area including clustered residential development
and small industrial employers may be permitted if they do not interfere with accessibility and continuity
of the commercial district."
The proposed use must not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. The proposed lighting plan will provide some light spill off the
property. If the plans are revised to eliminate light spill off the property, it is unlikely that the character
of the area will be adversely affected.
c) traffic on roads or highways in the vicinity. The proposed use may adversely impact traffic if the
Shelburne Road access is redesigned to allow ingress only from the south and egress only to the north.
d) bylaws in effect. The proposed building complies with the bylaws in effect.
e) utilization of renewable energy resources. There is no utilization of renewable energy resources to be
affected.
f) general public health and welfare. No adverse affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves site
plan application #SP-01-19 and conditional use application #CU-01-I I of Jolley Associates to amend
site plan to construct: 1) a 3,000 square foot convenience store, and 2) a 2016 square foot canopy, and 3)
two (2) pump islands. The structure, formerly known as Wesson's Diner, currently existing on the site
would be removed, 1110 Shelburne Road, as depicted on a four (4) page set of plans, page one entitled
"S.B. Collins — Short Stop South Burlington, Vermont" prepared by Dubois & King Inc., dated 8/00,
revised on 4/18/01, 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 to show the changes below and shall require approval of the Director of
Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised plan shall be
submitted to the Director prior to permit issuance.
a) The plans shall be revised to replace the Summit Green Ash tree with a species approved by
the City Arborist.
b) The plans shall be revised to include a concrete depressed curb at the Baldwin Avenue
entrance.
c) The water and sewer mains as well as services to the new building should be shown on the
plans.
d) The plan legend shall include all symbols used on the plans.
e) The plan shall be revised to move all proposed lighting on to the property.
f) The Shelburne Road curb cut shall be redesigned to allow ingress only from the south and
egress only to the north.
3. All new exterior lighting shall consists of downcasting fixtures. Any change to approved lights shall
require approval of the Director prior to installation. The lighting plan shall be redesigned to comply
with the City's lighting regulations.
4. The pump canopy shall include an extinguishing system. The building shall be sprinklered.
5. Pursuant to Section 25.256(b) of the zoning regulations, the Development Review Board
approves a 8 space of 42% waiver for a total of 11 spaces approved.
6. Prior to issuance of a zoning permit, the applicant shall post a landscape bond in an amount of $8,900.
The bond shall remain in effect for a three (3) year period 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 new use will generate 16.88 additional vehicle trip ends
during the P.M. Peak hour.
8. Pursuant to Section 26.103(a) of the Zoning Regulations, the Board approves two (2) driveways for
this lot. It is the Board's opinion that the redesigned driveway on Shelburne Road and the ingress and
egress driveway on Baldwin Avenue are necessary to provide adequate access and on -site circulation.
9. Pursuant to Section 21.50 of the Zoning Regulations, the Board approves 16.88 vte's above the current
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60 P.M. peak vte's due to the net benefit to traffic flow in the vicinity resulting from the reduction of one
(1) curb cut and the redesigning of the Shelburne Road curb cut.
10. 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.
11. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to the use of the new building.
12. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
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air or �Clierkate
South Bulngton 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 R. C.P. 76, in writing, within 30 days of the date this decision
is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this
decision at some future time maybe 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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