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Home My WebLink AboutZB-96-0000 - Decision - 1330 Shelburne RoadPLANNING COMMISSION CITY OF SOUTH BURLINGTON RE: APPLICATION OF GAIL WYAND & MARY GRUNVALD - 164 SEAT STANDARD RESTAURANT This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 26.10 of the South Burlington Zoning Regulations on application of Gail Wyand and Mary Grunvald, hereinafter "Applicants" for approval to raze a 26 unit motel and construct a 5,530 square foot standard restaurant with 164 seats, 1330 Shelburne Road, as depicted on a plan entitled "Pizzeria Uno, 1330 Shelburne Road, South Burlington, Vermont", prepared by Pinkham Engineering Associates, Inc. dated 12/11/95, last.revised 2/13/96. The Applicants were present at all public meetings held relative to this application. Based on evidence submitted at the meetings and as part of the application, the Planning Commission hereby renders the following decision on this application. FINDINGS OF FACT 1. This project consists of: 1) razing a 26 unit motel building, and 2) constructing a 5,530 square foot standard restaurant with 164 seats. 2. This property located at 1330 Shelburne Road lies within the Cl and R4 Districts. It is bounded on the east by a single family residence, on the south by a retail/office building, on the north by Imperial Drive and on the west by Shelburne Road. 3. Access/circulation: Access is proposed to be via a 24 foot wide ingress only curb cut on Shelburne Road and a 30 foot wide ingress and egress curb cut on Imperial Drive. The applicant will be closing a curb cut on Shelburne Road and relocating the southerly curb cut five (5) feet to the south. The proposed access to Imperial Drive is a new access which does not currently exist. Unless specifically approved by the Planning Commission under Section 26.103(a) of the zoning regulations, there shall be a maximum of one (1) driveway per lot accessing a public street. Circulation on the site is adequate. 4. The applicant is proposing to widen Imperial Drive to accommodate separate westbound left turn and right turn lanes. The applicant's traffic consultant represented at the meeting that the existing level of service (LOS) for the westbound approach is "F". The addition of the right turn lane will improve the LOS for the right turn movements. The LOS for westbound left turn movements, however, will remain at "F" and may even decline compared to existing conditions. The widened Imperial Drive intersection would accommodate two (2) vehicles waiting to turn left before blocking access to the right turn lane. 5. The center, shared left turn lane in Shelburne Road begins to transition from its normal width to zero starting at a point approximately 75 feet north of the proposed access on Shelburne Road. An access to the automobile dealership on the opposite side of Shelburne Road is off -set approximately 70 feet to the north of the proposed access on Shelburne Road. 6. Coverage/setbacks: Building coverage is 6.4% (maximum allowed is 30%). Overall coverage is 52% (maximum allowed is 70%). Front yard coverage along Shelburne Road is 17.9% and along Imperial Drive is 13.2% (maximum allowed is 30%). Setback requirements will be met. 7. Parking: A total of 57 parking spaces are required and 106 spaces including five (5) handicapped spaces are being provided. A bike rack is being provided as required under Section 26.253(b) of the zoning regulations. 8. Landscaping: The minimum landscaping requirement required by zoning, based on building costs, is $13,100. The minimum requirement is being met. Plantings will include Dogwood, Inkberry, Spruce, Rhododendron, Yew, Cranberry, Serviceberry, Norway Maple, Ash, Honeylocust and Arborvitae. No trees are proposed along the Shelburne Road frontage. 9. Traffic: This property is located in Traffic Overlay Zone 2 which allows this property to generate a maximum of 44 vehicle trip ends (vte's) during the P.M. peak hour of adjacent street traffic (Section 21.30 of the zoning regulations). The applicant claims that the proposed use qualifies as a "quality restaurant" as defined in the ITE Trip Generation Manual (i.e., land use code 831). However, the applicant did not submit any data substantiating such claim. Based on ITE land use code 831 (quality restaurant), it is estimated that the proposed use will generate 45.7 vte's, which is 1.7 vte's or 3.9% more vte's than permitted. Section 21.50 of the zoning regulations permits the Commission to approve 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. 10. Sewer: No additional allocation required due to the credit given for the existing motel. 11. Dumpster: The dumpster storage area is shown on the plan. 12. Lighting: Proposed exterior lighting will consist of the following: --- 13 250 watt metal halide lamps with downcasting and shielded luminaries mounted on 16 foot poles. --- one (1) building mounted 100 watt metal halide lamp with a downcasting and shielded fixture. CONCLUSIONS 1. Sections 26.10 and 26.102(a) of the zoning regulations requires a development to provide for safe and adequate pedestrian and vehicular access. It is the Commissions conclusion that this is not being met in several respects: a) The additional traffic on Imperial Drive created by a new access on Imperial Drive creates an inadequate situation at the intersection of Imperial Drive and Shelburne Road. Even with the proposed widening, the level of service for westbound left turning traffic, which is already at LOS "F", will become worse. The widened intersection will only accommodate two (2) vehicles waiting to turn left. Therefore, any improvement for right turning vehicles will become moot, and will actually become worse due to increased traffic levels, when three (3) or more vehicles are stacked and waiting to turn left. b) The narrowing of the center left turn lane in Shelburne Road in front of the subject property currently provides for an inadequate situation for southbound left turning traffic into the property as vehicles are forced to queue partially within the southbound travel lane. The increased traffic levels created by the project will exacerbate this inadequate situation. A conflict also exists between this property's access and the access to the property directly across Shelburne Road as the driveways are off -set approximately 70 feet. This problem will be further exacerbated with the increased traffic created by the project. c) The increased traffic on Imperial Drive resulting from the proposed access on this street will conflict with and create an inadequate and unsafe condition for pedestrians on Imperial Drive. The Commission had suggested that the applicant construct a sidewalk along the property's frontage on Imperial Drive to safely accommodate pedestrians, however the applicant was unwilling to do so. 2. It is estimated based on the ITE Trip Generation Manual (Code 831) that the proposed project will generate 45.7 vte's during the P.M. peak hour of adjacent street traffic. This represents 1.7 vte's, or 3.9%, more vte's than permitted by the zoning regulations. Section 21.50 of the zoning regulations allows the Planning Commission to approve peak hour traffic volumes above the normal standards for a pre-existing lot in a traffic overlay zone if the Commission determines that a proposed use will not increase peak hour traffic volumes above that currently generated by the existing use, or if the Commission determines that other site improvements will produce a net benefit for traffic flow in the vicinity. In making its determination of whether other site improvements will produce a net benefit for traffic flow the Commission may consider the criteria contained in Sections 21.501 - 21.504 of the zoning regulations. The Planning Commission concludes that: a) Section 21.501 of the zoning regulations does not apply since this proposal does not qualify for a Planned Unit Development (PUD). b) Even though the applicant is proposing to close a curb cut on Shelburne Road and relocate the other curb cut five (5) to the south, the Commission concludes that the project will result in a net decline in traffic flow in the vicinity for all the reasons described in conclusion #1 above. c) Section 21.503 of the zoning regulations is not satisfied since it was demonstrated that the level of service at the Imperial Drive/Shelburne Road intersection will remain at "F" for westbound left turns. d) Section 21.504 of the zoning regulations is not satisfied since was no other information or other factors deemed to be relevant by the Planning Commission to show a net improvement in traffic flow. Therefore, the Commission concludes that the requirements of Article XXI, Traffic Overlay District, of the zoning regulations are not being met by the proposed project. 3. Section 26.103(a) of the zoning regulations limits one (1) driveway per lot accessing a public street, unless specifically approved by the Commission. The proposal is for two (2) driveways, one (1) accessing Shelburne Road and one (1) accessing Imperial Drive. It is the determination of the Planning Commission that an access on Imperial Drive is inappropriate for the reasons specified in conclusions l(a) and l(c) above. Therefore, the Planning Commission concludes that the requirements of Section 26.103(a) of the zoning regulations are not being met. 4. Section 26.105 of the zoning regulations requires developments to provide adequate landscaping in order to create and maintain a good appearance, particularly in the front yard area of the property. It has been a policy of the Planning Commission to require properties fronting arterial roadways, such as Shelburne Road, to plant street trees along the property's frontage. The Commission recommended that this applicant provide such trees, however the applicant was unwilling to do so. Therefore, the Commission concludes that the project does not comply with section 26.105 of the zoning regulations. 5. A motion was made on 2/13/96 to approve the application which resulted in a vote of one in favor and six (6) against. The motion, and therefore the application, was defeated due to a lack of a majority of the Planning Commission members voting in favor of the motion. DECISION Based on the above Findings of Fact and Conclusions, the South Burlington Planning Commission hereby denies the Applicant's request to raze a 26 unit motel building and construct a 5,530 square foot standard restaurant with 164 seats at 1330 Shelburne Road for the following reasons: 1. The application does not comply with sections 26.10 and 26.102(a) of the zoning regulations. The increased traffic generated by the project and the design of project access results in an inadequate and unsafe vehicular and pedestrian access situation. 2. The application does not comply with or satisfy the requirements of Article XXI, Traffic Overlay District, of the zoning regulations. The proposed use will generate 45.7 vte's which is 1.7 vte's or 3.9% more vte's than permitted. 3. The application does not comply with or satisfy the requirements of Section 26.103(a) of the zoning regulations. The proposal is for two (2) driveways and only one (1) driveway per lot is allowed. 4. The application does not comply with section 26.105 of the zoning regulations. The proposed landscape plan does not incorporate street trees along the Shelburne Road frontage in keeping with City policy. Dated this /,—�G day of March, 1996 at South Burlington, Vermont. & - � I �' �) J-6 Chairman or Clerk (wyand)