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HomeMy WebLinkAboutCU-02-27 SP-02-58 - Decision - 1341 Shelburne Road#CU-02-27 #5P-02-56 FINDINGS OF FACT__& DEC1510N 5TATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH 13IJKLINGTON Re: Findings of Fact, conditional use permit application #CU-02-27 and Site plan application #51-02-58 of Jude Chicoine to amend a plan for a previously approved 4,500 sq. ft. retail store. The amendment consists of: 1) converting 5460 sq. ft. of the existing building to car wash use, 2) converting 1040 sq. ft. of the existing building to auto service use (auto detailing), and 3) constructing a 1048 sq. ft. addition for four (4) self-service car wash bays, 1341 Shelburne Road. On the 71" day of January 2005, the South Burlington Development Review Board approved the request of Jude Chicoine for conditional use approval under Section 26.05, and site plan approval under Section 26.10 of the South Burlington Zoning Regulations, based on the following findings: 1. This project consists of amending a plan for a previously approved 4500 sq. ft. retail store. The amendment consists of: 1) converting a 3460 sq. ft. of the existing building to car wash use, 2) converting 1040 sq. ft. of the existing building to auto service use (auto detailing), and 3) constructing a 1408 sq. ft. addition for four (4) self-service car wash bays. 2. This property located at 1341 Shelburne Road lies within the C2, and Bartlett Brook Watershed Protection Overlay Districts. It is bounded on the north by a mixed -use commercial building, on the south by a monument sales facility, on the west by a trucking terminal, and on the east by Shelburne Road. 3. The owner of record of this property is Edward Crane, Trustee. CONDITIONAL U5E CRITERIA 4. Purpose of C2 District: The stated purposes of the C2 District under Section 13.00 of the zoning regulations reads in part "A Commercial 2 District is hereby formed in order to encourage general commercial activity". The proposed use is a commercial activity, which is in compliance with the stated purpose. 5. Pursuant to Section 26.052 of the zoning regulations, the Board must determine that the proposed uses will not adversely affect: a. The capacity of existing or planned municipal or educational facilities — no adverse affect expected. b. The essential character of the neighborhood or district in which the property is located, nor the ability to develop adjacent property for appropriate uses — no adverse affect expected. c. Traffic on roads and highways in the vicinity — no adverse affect expected. d. Bylaws in effect — no adverse affect expected. e. Utilization of renewable energy resources — no adverse affect expected. f. General public health and welfare — no adverse affect expected. SITE PLAN REVIEW CRITERIA 6. Access/Circulation: Access will be provided by a shared 35 foot wide ingress & egress curb cut on Shelburne Road with the property on the north. The Shelburne Road improvements will result in there being a median in front of this property preventing left turns out of the site. Vehicles wanting to go north will use an existing right-of-way across the two (2) northerly properties to access Holmes Road. This right-of-way to Holmes Road should be shown on the plan. Access to the adjacent property to the north will also be available by a 90 foot wide opening connecting the two (2) properties. 7. The plan shows a "10' gravel drive" which provides access to the property to the south (1459 Shelburne Road). 8. The City Engineer is recommending that the Shelburne Road access be for ingress only due to the icing of the sidewalk as vehicles exit. The applicant proposed to heat the sidewalk to prevent icing. 9. Circulation on the site is adequate. 10. Coverage/Setbacks: Building coverage is 13.5% (maximum allowed is 30%). Overall coverage is 62.9% (maximum allowed is 70%). Front yard coverage is 28.8% after the Shelburne Road expansion (maximum allowed is 30%). 11. Setback requirements are being met. 12. larking: A total of 10 spaces are required and 14 spaces including one (1) handicapped space and a bike rack will be provided. 13. Landscaping: The minimum landscaping requirement, based on building costs, is $4800 which is being met. f roposed plantings include White Fine, Viburnum, and Sugar Maple. 14. Lighting: Exterior lighting will consist of the following: Nine (9) 100-watt high-pressure sodium lamps with downcasting shielded fixtures mounted on 15 foot poles. Nine (9) 100 watt building mounted high-pressure sodium lamps with downcasting shielded fixtures. 15. Dumpsters: A screened dumpster storage area is propsed. TRAFFIC OVERLAY DISTRICT REVIEW 16. This property io located in the Traffic Overlay Zone 5 which would allow this property to generate a maximum of 55.9 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the previous retail use to generate 11.7 vte's. The applicant's traffic Study estimates that the project will generate 40 vte's. The applicant's traffic engineer, Roger Dickinson, submitted a letter dated 1/7/03 indicating that the two (2) proposed detail bays will generate two (2) vte's during the P.M. peak hour for a total of 42 vte's. This represents a 30.5 vte increase. BAKTLETT BROOK WATEK5HED PROTECTION OVERLAY D15TRICT (BBW) 17. This property io located within the BBW which requires projects which convert 15,000 oq. ft. or more of undeveloped land to developed land to meet certain requirements. This project involves the conversion of approximately 11,000 oq. ft. of undeveloped land to developed land. The requirements of this section therefore do not apply. DEC1510N & CONDITION5 Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use permit application #CU-02-27 and site plan application #5F- 02-58 of Jude Chicoine to amend a plan for a previously approved a 4500 oq. ft. retail store. The amendment consists of: 1) converting 3460 oq. ft. of the existing building to care wash use, 2) converting 1040 oq. ft. of the existing building to auto service use (auto detailing), and 3) constructing a 1048 oq. ft. addition for four (4) self-service car wash bays, 1341 Shelburne Road, ao depicted on a four (4) page set of plans, page one (1) entitled "Jude Chicoine Shelburne Road Seaway Wash Existing Conditions South Burlington Vermont", prepared by Champlain Consulting Engineers, dated 11/4/02, 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 below and shall require approval of the Director of Flanning & Zoning (hereinafter Director). Three (3) copies of the approved revised plans shall be submitted to the Director prior to permit issuance. a. The site plan shall be revised to show the heating of the sidewalk at the Shelburne Road curb out. b. The site plan shall be revised to show the existing right of way and access drive to Holmeo Road. c. The Site plan shall be revised to comply with the recommendations of the City Arborist in a memo dated 12/30/02. d. The Site plan shall be revieed to accurately chow the gas main at its correct location (east Side of the Street). e. The Site plan Shall be revised to Show appropriate signage to encourage customers to exit via the Holmes Road access. 3. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use will generate 30.3 additional vehicle trip ends during the P.M. peak hour. 4. Any new exterior lighting shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 5. Prior to issuance of a zoning permit, the applicant shall post a $4800 landscape bond. The bond shall remain in effect for three (5) years to assure that the landscaping takes root and has a good change of surviving. 6. The applicant shall comply with the recommendations of the Fire Chief in a letter dated 1/3/03 to Juli Beth Hoover. 7. Prior to issuance of a Certificate of Occupancy/Compliance, the applicant shall stripe the parking lot as shown on the approved plan. 8. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.502 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 newly converted space and expanded area. 10. Any change to the site plan shall require approval by the South Burlington Deve Amen Review Board. Chair or k South Burlington Development Review Board Date U 1� Flease note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V5A 4471 and VRCP 76 in writing, within 30 days of the date of 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 may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V5A 4472 (d) (exclusivity of remedy; finality).