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HomeMy WebLinkAboutCU-01-50 SP-01-89 - Decision - 1691 Shelburne Road#CU-01-50 & #SP-01-89 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Site plan application #SP-01-89 and conditional use application #CU-01-50 of Mark Hill to amend a previously approved site plan consisting of a request for permission to amend a site plan for a 3,295 square foot auto service and repair facility. The amendment consists of altering the access from Shelburne Road, 1691 Shelburne Road. On the 22nd of January 2002, the South Burlington Development Review Board approved the request of Mark Hill seeking site plan use approval under Section 26.10, and conditional use approval under Section 26.05, of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of a request for permission to amend a site plan for a 3,295 square foot auto service and repair facility. The amendment consists of altering the access from Shelburne Road, 1691 Shelburne Road. This project was last reviewed by the Planning Commission on May 11, 1999. 2) The owner of record is MAC #2 Holdings, LLC. 3) This project located in the C2 District is bounded to the north by commercial property, on the east by Shelburne Road, on the south by the approved Autohaus, automotive repair and service, and on the west by Bartlett Brook. SITE PLAN CRITERIA 4) The issues affecting this application are landscaping and access/circulation. 5) Access/Circulation: The last approval required this property to share access with the property to the south (1693 Shelburne Road) such that each property would have a portion of the shared access drive on their property. This proposal is to have the access entirely on this property, which then provides access to the southern property (1693 Shelburne Road). A legal document for the revised shared access should be approved by the City Attorney and recorded in the land records prior to issuance of a Certificate of Occupancy. 6) Landscaping: Staff was concerned the access provided to 1693 Shelburne Road may require removal of plant material. The applicant should submit a landscape plan showing the change in the landscape at 1691 Shelburne Road and the relocation/removal of plant material. CONDITIONAL USE CRITERIA 7) The proposed project complies with the stated purpose of the zoning district "to encourage general commercial activity." and does not adversely affect: a) the capacity of existing or planned community facilities - no effect expected b) the character of the area effected - no adverse effect is expected c) traffic on roads or highways in the vicinity —the proposed use is not expected to effect traffic. d) bylaws in effect- the proposal is in conformance with the zoning regulations e) utilization of renewable energy resources- there is no utilization of renewable energy resources to be effected. f) general public health and welfare - no adverse effect expected DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use and site plan applications #CU-01-50 and #SP-01-89 of Mark Hill requesting permission to amend a site plan for a 3295 sq. ft. auto service and repair facility. The amendment consists of altering the access to Shelburne Road, 1691 Shelburne Road., as depicted on a site plan entitled "Oil `N' Go Mark Hill -Owner Shelburne Road South Burlington, Vermont" prepared by Summit Engineering, Inc., dated 3/26/99, with a revised date of 12/05/01, 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 prior to issuance of a zoning permit to show the changes listed below and shall require approval by the Director of Planning and Zoning (hereinafter Director). Three copies of the revised plan shall be submitted. a) Site plan shall be revised to remove "existing gravel drive," and change the owner information to reflect the current owner on the site plan. b) Site plan shall be revised to show the approved landscaping and any changes resulting from the access change. 3) 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. 4) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the revised access. 5) Any change to the plan shall require approval by the South Burlington Development Review Board. 2 A O 1 - 5• v 2 Chair Jerk Date South Burlington 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.RC.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 may be 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).