HomeMy WebLinkAboutSD-96-0000 - Decision - 1301 1325 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Alexander Lewis to construct
a 9,720 square foot auto service facility on a lot containing a
commercial complex of 19,440 square feet for auto sales and
service, 1301-1325 Shelburne Road.
On the loth day of December, 1996, the South Burlington Planning
Commission approved the request of Alexander Lewis for final plat
review under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of constructing a 9,270 square foot auto
service facility on a lot containing a commercial complex of 19,440
square feet for auto sales and service. The ZBA on August 26, 1996
granted the applicant a use variance for the proposed service
facility. The preliminary plat was approved on 11/12/96.
2. The applicant submitted two (2) plans for the Commission's
consideration. The "1996" plan depicts the scenario which the
applicant would like to eventually implement if the Shelburne Road
reconstruction does not go forward. The "1998" plan depicts the
scenario which will be implemented if the Shelburne Road
reconstruction goes forward. Until such time as the road
construction is complete, or it is decided not to reconstruct the
road in the near future, the applicant would like to leave the
Shelburne Road portion of the site as it exists today. Staff did
not have a problem with this request. A preliminary plat condition
was placed on the approval which requires the applicant to
implement the "1996" plan if the Shelburne Road project has not
commenced construction by spring, 1999.
3. This property located at 1301-1325 Shelburne Road lies within
the Cl and Bartlett Brook Watershed Protection Overlay Districts.
It is bounded on the north by the Lakewood Commons commercial
complex, and the west by a distribution/warehouse and fire station,
on the east by Shelburne Road, and on the south by Holmes Road.
4. Access/circulation: Access is provided by the following: 1)
a 40 foot curb cut on Shelburne Road at the northerly end of the
property, 2) a 24 foot curb cut on Shelburne Road at the south end
of the property, 3) a 40 foot curb cut on Holmes Road located 110
feet from Shelburne Road, and 4) a 26 foot curb cut and driveway on
Holmes Road shared with Lakewood Commons and the fire station. The
applicant is proposing to close two (2) curb cuts on Shelburne Road
on the "1996" plan and the "1998" plan proposes to close three (3)
curb cuts.
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Circulation on the site is adequate.
5. Coverage/setbacks: "1996" plan: Building coverage is 12.4%
(maximum allowed is 30%). Overall coverage is 68.3% (maximum
allowed is 70%). Front yard coverage along Shelburne Road will be
reduced to 57.1% (maximum allowed is 30%). Front yard coverage
along Holmes Road is 61% (maximum allowed is 30%) which is existing
and will not be made worse by this application.
6. 111998" plan: Building coverage is 12.6% (maximum allowed is
30%). Overall coverage is 68.7% (maximum allowed is 70%). Front
yard coverage along Shelburne Road would be reduced to 60% (maximum
allowed is 30%). Front yard coverage along Holmes Road is 61%
(maximum allowed is 30%) which is existing and will not be made
worse by this application. The "1998" plan notes should be revised
to reflect the above coverages.
7. Both the "1996" and "1998' plans include additional green space
along Shelburne Road. The "1996" plan shows a 25 foot green strip
and the "1998" plan shows a 15 foot green strip due to the taking.
Staff supports both plans.
Setback requirements are being met.
8. Parking: A total of 58 parking spaces for customers and
employees are required and 83 spaces are provided including four
(4) handicapped spaces. A bike rack will be provided as required.
9. Landscaping: The minimum landscaping requirement, based on
building costs, is $7500 which is not being met. Applicant is
proposing $6400 worth of new landscaping and is seeking a credit
for the $1100 shortfall. The requested credit was granted as part
of the preliminary plat approval. Proposed plantings include Maple
and Juniper. The Maple trees were increased in size to a minimum
of 2i" - 3" caliper as required by the preliminary plat approval.
The applicant estimates that the value of the existing landscaping
is $17,350.
10. Traffic: This property is located in Traffic Overlay Zone 2
which allows this property to generate a maximum of 107.7 vehicle
trip ends (vte's) during the P.M. peak hour. ITE estimates that
the current facility generates 54.9 vte's and with the expansion to
generate 74.7 vte's. This represents a 19.8 vte increase. The
applicant was made aware that the road impact fee is approximately
$3500.
11. Bartlett Brook Watershed Protection Overlay District: The
portion of this property to be developed is located in the Bartlett
Brook Watershed Protection Overlay District. A total of 30,332
square feet of undeveloped land will be developed. The applicant
has submitted the information necessary to Nelson Heindel & Noyes
for inclusion into the City's stormwater hydrology computer model.
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The results of the study have been received. They recommended that
a retention basin not be constructed.
12. Sewer: The additional sewer allocation needed is 60 gpd. The
applicant will be required to pay the per gallon fee prior to
permit issuance.
13. Lighting: This site contains a combination of pole mounted
flood lights and pole mounted downcasting shielded fixtures. The
flood lights are mounted on poles along Shelburne Road which will
be relocated as part of the Shelburne Road reconstruction. The
applicant would prefer to wait until the poles are relocated to
replace the lights with downcasting shielded fixtures. This was
made a requirement of the preliminary plat approval. The
preliminary plat approval also required that the flood lights be
replaced with the downcasting shielded fixtures if the Shelburne
Road project has not commenced construction by spring, 1999.
Proposed lights include four (4) building mounted 175 watt super
metal halide lamps with downcasting shielded fixtures.
14. The applicant submitted a point by point lighting plan for the
111998" plan as required by the preliminary plat approval. This
plan conforms with the requirement that the maximum illumination at
ground level not be in excess of an average of three (3) foot
candles.
15. Dumpsters: A screened trash storage area is provided.
16. Notice of Condition: The preliminary plat approval required
that prior to recording the final plat plans, the applicant record
a "Notice of Condition" which clearly identifies this entire
development as a commercial complex and which legally ties all
lands involved in this development into one (1) lot for all zoning,
subdivision, and sign regulation purposes.
17. Other:
--- also included with this request is a minor boundary adjustment
with the adjacent fire station lot as shown on the survey
plat.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of Alexander Lewis
to construct a 9,720 square foot auto service facility on a lot
containing a commercial complex of 19,440 square feet for auto
sales and service, 1301-1325 Shelburne Road, as depicted on a three
(3) page set of plans, page one (1) entitled, "Alexander Lewis
Shelburne Road South Burlington, VT, 1996 Final Site Plan,"
prepared by Trudell Consulting Engineers, Inc., dated 10/10/96,
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last revised 11/18/96, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The plans shall be revised to show the changes listed below and
shall require approval of the City Planner. Three (3) copies of
the approved revised plans shall be submitted to the City Planner
prior to recording.
a) The "1998" plan shall be revised to note the correct
coverage information.
3. The Planning Commission approves an additional sewer allocation
of 60 gpd. The applicant shall pay the per gallon fee prior to
permit issuance.
4. Prior to start of construction of the applicant's improvements
along the Shelburne Road frontage, the applicant shall post a $7500
landscaping 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.
5. The Planning Commission grants the applicant a $1100
landscaping credit for existing trees on the site pursuant to
Section 26.105(a) of the South Burlington Zoning Regulations.
6. Any new exterior lighting shall be 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. As expressly represented by the applicant, the pole
mounted flood lights along Shelburne Road shall be replaced with
downcasting shielded fixtures when they are relocated to
accommodate the Shelburne Road widening. These flood lights shall
be replaced with the downcasting shielded fixtures if the Shelburne
Road project has not commenced construction by spring, 1999.
7. The applicant shall implement and complete the "1996" plan by
July 30, 1999 if the Shelburne Road project has not commenced
construction by the spring of 1999.
8. For the purposes of calculating road impact fees under the
South Burlington Impact Fee Ordinance, the Planning Commission
estimates that the proposed expansion will generate 19.8 additional
vehicle trip ends during the P.M. peak hour.
9. Prior to recording the final plat plans, the applicant shall
record in the land records a "Notice of Condition" which clearly
identifies this entire development as a commercial complex and
which legally ties all lands involved in this development into one
lot for all zoning, subdivision, and sign regulation purposes. The
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"Notice of Condition" should be approved by the City Attorney prior
to recording.
10. The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to use
of the new building.
11. Any change to the plans shall require approval from the South
Burlington Planning Commission.
12. The final plat plans shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall
be signed by the Planning Commission or Clerk prior to recording.
Chairman or Clerk
South Burlington Planning Commission
Date
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