HomeMy WebLinkAboutSP-98-0001 - Decision - 1242 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application of Brian Waxler to raze two (2) buildings and construct a 12,000
square foot building for retail use, 1242 Shelburne Road.
On the 9" day of June, 1998, the South Burlington Planning Commission approved the request of
Brian Waxler for site plan review under Section 26.10 of the South Burlington Zoning Regulations
based on the following findings:
1. This project consists of razing two (2) existing buildings and constructing a 12,000 square foot
building for retail use. The ZBA on 5/11/98 approved an application from the applicant for a
conditional use permit to extend the regulations for the C1 District 50 feet into the R4 District.
2. This property located at 1242 Shelburne Road lies within the C 1 and R4 Districts and the Bartlett
Brook Watershed Protection Overlay District. It is bounded on the west by Shelburne Road, on the
south by a retail building and residences, on the east by residences, and on the north by undeveloped
land.
3. Access/circulation: Access is proposed to be by an existing 35 foot shared curb cut with the retail
building to the south (Sleepquarters).
4. Mutual access between this property and the property to the south is proposed. Staff
recommended that the Commission request a letter from the southerly property owner approving the
construction of the driveway at the back of his lot to make the connection between his lot and the
applicant's lot.
Circulation on the site is adequate.
5. Coverage/setbacks: C1 District: Building coverage is 2 1 % (maximum allowed is 30%). Overall
coverage is 67.4% (maximum allowed is 70%). Front yard coverage is 18.8% (maximum allowed
is 30%).
Setback requirements are met.
6. Parking: A total of 64 parking spaces are required and 64 spaces will be provided including three
(3) handicapped spaces and a bike rack.
7. Landscaping: The minimum landscaping requirement, based on building costs, is $10,500 which
is being met. Proposed plantings include Birch, Honeylocust, Ash, Arborvitae, Viburnum and
Cranberry. There are two (2) very beautiful and healthy fur trees in the front yard which will remain.
The site plan should be revised to: 1) provide a five (5) foot wide green space between the parking
area and the northerly boundary, 2) provide landscaping in the newly revised five (5) foot strip
between the parking area and the northerly boundary, and 3) the plant list on sheet 5 of 7 should be
revised to indicate a minimum size of 2 '/2" caliper for the proposed Ash trees.
8. Traffic: This property is located in Traffic Overlay Zone 2 which would allow this property to
generate a maximum of 63.1 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates that
the proposed use would generate 58 vte's during the P.M. peak hour. The applicant was made
aware that the road impact fee will range from approximately $12,156 to $12,387.
9. Sewer: The sewer allocation requested is 0 gpd. The applicant is seeking a credit for the sewer
used by the buildings being razed.
10. Bartlett Brook Watershed Protection Overlay District BBS): This property is located in the
BBW and under Section 23.20 of the zoning regulations, the applicant must submit applicable
information regarding the development and storm water management design to Heindel & Noyes for
inclusion into the City's stormwater hydrology computer model. Prior to permit issuance, the plans
should be revised to incorporate the recommendations of Heindel & Noyes which should also be
approved by the City Engineer.
11. Lighting: Exterior lighting consists of the following:
— three (3) 250 watt metal halide lamps with downcasting shielded fixtures mounted on a 20
foot pole.
— five (5) 175 watt metal halide lamps with downcasting shielded fixture mounted on the
building.
12. Dumpsters: A screened dumpster storage area is proposed behind the building and will be
screened by a fence.
13. Other: The R4 District portion of the property will not be able to be further subdivided because
it is needed to satisfy the Traffic Overlay District requirement.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the site
plan application ofBrianWaxler to raze two (2) buildings and construct a 12,000 square foot building
for retail use, 1242 Shelburne Road, as depicted on a seven (7) page set of plans, page one (1)
entitled, "Brian Waxler 1242 Shelburne Road Overall Site Plan," prepared by Dubois & King, Inc.,
dated January, 1998, last revised 5/20/98, with the following stipulations:
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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 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) The site plan (sheets 3,4 and 5 of 7) shall be revised to provide a five (5) foot wide green
space between the parking area and the northerly boundary.
b) The site plan (sheet 5 of 7) shall be revised to provide landscaping in the newly revised
five (5) foot strip between the parking area and the northerly boundary.
c) The grading and utilities plan (sheet 4 of 7) shall be revised to incorporate the
recommendations relating to storm water management from Heindel & Noyes. These
modifications shall also be approved by the City Engineer.
d) The plant list on sheet 5 of 7 shall be revised to indicate a minimum size of 2'/2" caliper for
the proposed Ash trees.
3. The applicant shall submit a set of plans to the City Water Department for their review of the
proposed water service line prior to permit issuance.
4. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Planning Commission estimates that the retail building will generate 58 additional vehicle trip ends
during the P.M. peak hour.
5. All new exterior lighting shall consists 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.
6. Prior to issuance of a zoning permit, the applicant shall post a $10, 500 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. Prior to issuance, the applicant shall submit to the City a letter from the southerly property owner
approving he construction of the proposed driveway connection between the two (2) properties
behind the new building.
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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
prior to the use of the building.
10. Any change to the site plan shall require approval by the South Burlington Planning Commission
Chairman 6r Clerk
South Burlington Planning Commission
Date
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