HomeMy WebLinkAboutCU-01-07 SP-01-13 - Decision - 1693 Shelburne Road#CU-01-07 & #SP-01-13
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application #SP-01-13 and conditional use application #CU-01-07 of
David and Barbara Flagg, d.b.a. Autohaus to: 1) convert a four (4) unit multi -family dwelling to
automobile sales, including service and sale of related accessories, 2) construct a 1357 square foot
addition to the existing building for automobile sales, including service and sale of related
accessories, 1693 Shelburne Road.
On the 17th of April, 2001, the South Burlington Development Review Board approved the
conditional use application under Section 26.05 and site plan under Section 26.10 of the South
Burlington Zoning Regulations based on the following findings:
This project consists of site plan and conditional use applications to: 1) convert a four (4) unit
multi -family dwelling to automobile sales, including service and sale of related accessories,
2) construct a 1357 square foot addition to the existing building for automobile sales,
including service and sale of related accessories, 1693 Shelburne Road.
2. The owner of record are David & Barbara Flagg.
3. This property is located within the Commercial Two District. It is bounded on the east
by Shelburne Road, on the north by a commercial property, on the west by a commercial
property, and on the south by an undeveloped property.
4. Access/Circulation: Access will be provided via a shared access drive with the adjacent
property to the north. The site plan approval for the property to the north required that
the curb cut for the shared access "straddle the property line between these two (2)
properties and shall be constructed when the property to the south receives site plan
approval for a new or expanded use. At the time this shared access is constructed, the
property owner of this property (1691 Shelburne Road) shall reduce the size of his/her
curb cut with a maximum width of 30 feet." The drive will be separated by an island with
a 16 foot wide access on the south and a 36 foot wide access to the north. The access to
the north should be designated for ingress only and the access on the south should be
designated for egress only. Legal documents formalizing the shared access on Shelburne
Road will be required. Circulation could be improved by moving the island on the
property to the north farther west to prevent stacking in the ingress only drive. However,
the Board can not require the applicant to construct off site improvements.
5. Coverage/Setbacks: Building coverage will increase from 5.5% to 6% (30% max). Total
lot coverage will increase from 16.42% to 43.9% (70% max). The front yard coverage
will increase to 27.1% (30% max). All setbacks are being met.
6. Parking: The proposed use will require five (5) parking spaces and five (5) are provided.
One handicapped parking space is being provided as required. A bike rack is also being
provided.
7. Lighting_ The applicant proposed four (4) building mounted lights which are 50 watts
apiece and one 175 watt metal halide pole mounted light. The applicant should provide
information on the type of building mounted lights (i.e. metal halide, sodium, etc.) and
the height of the pole mounted light. The pole should not exceed 20 feet in height.
8. Landscaping: The minimum landscaping requirement, based on building costs, of $2,100
is not being met. The applicant requested a $258.75 credit for existing landscaping on
the site. Staff recommended that the Board require the applicant to add another Crimson
King Maple tree and not grant the landscaping credit.
9. Traffic: ITE estimates that the property currently generates 4.16 P.M. peak vte's. The
proposed use will generate 1.26 additional P.M. peak vtes for a total of 5.43 P.M. peak
vte's. The property is located in Traffic Overlay District Five which permits the property
to generate a maximum of 45 P.M. peak vte's. The applicant should expect to pay the
traffic impact fee prior to permit issuance.
10. Bartlett Brook Watershed Protection Overla District: The applicant will not be
disturbing 15,000 square feet or more of green space. The requirements of this section
therefore do not apply.
11. Dumpsters: A screened dumpster area is being provided.
12. Sewer: No additional sewer allocation is needed.
13. Other: The 1,176 square foot building currently existing is non -conforming. The
assessed value of the property is $277,300. The improvements to the property are
restricted to 25% of the assessed value or $69,325. The applicant has proposed $69,000
in improvements.
14. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Commercial Two District to
"encourage general commercial activity."
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The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. No adverse affect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact
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 affected.
f) general public health and welfare. No adverse affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves site
plan application#SP-0 I - 13 and conditional use application #CU-0 1-07 of David and Barbara Flagg,
d.b.a. Autohaus to: 1) convert a four (4) unit multi -family dwelling to automobile sales, including
service and sale of related accessories, 2) construct a 1357 square foot addition to the existing
building for automobile sales, including service and sale of related accessories, 1693 Shelburne
Road, as depicted on a plan entitled "Autohaus 1693 Shelburne Road South Burlington, Vermont"
prepared by Krebs & Lansing Consulting Engineers, Inc. dated 3/9/01, last revised on 4/2/01, 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 to show the changes below and shall require approval of the Director of
Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised plan shall be
submitted to the Director prior to permit issuance.
a) The plan shall be revised to provide adequate soil volume for the Crimson King Maple in
the island or replace this tree with another more suitable species.
b) The plan shall be revised to include $258.75 worth of additional landscaping.
c) The plan shall be revised to show the shared access of the two property owners not to
exceed 30 feet and to extend island if needed.
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3. Any new exterior lighting shall consists of downcasting fixtures. Any change to approved lights
shall require approval of the Director prior to installation. Prior to permit issuance, the applicant
shall submit exterior lighting details (cut -sheets) for all proposed and existing lights to remain. The
proposed pole shall not exceed 20 feet in height.
4. 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 1.26
additional vehicle trip ends during the P.M. Peak hour.
5. The applicant shall post a $2,100 landscape bond prior to issuance of a zoning permit. The bond
shall remain in effect for three (3) years to assure that the landscaping takes root and has a good
chance of surviving.
6. Prior to permit issuance, the applicant shall record a legal document approved by the City
Attorney providing a mutual access easement to the northerly property owner.
7. 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.
8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the converted space.
9. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
Z d a )
Chair or Clerk 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 VP-C.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).
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