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HomeMy WebLinkAboutCU-77-0000 - Decision - 1775 Shelburne RoadNOTICE OF DECISION AND FINDINGS OF FACT 1. The Applicant seeks conditional use approval to construct and operate a restaurant with drive -up window service on the westerly side of U. S. Route 7 approximately 1600 feet southerly of the Bartlett's Bay intersection. 2. The proposed restaurant would have a seating capacity of 96 and be serviced by 64 parking spaces. 3. The lot in question contains approximately 2.2 acres of land with 300 feet frontage on Shelburne Road. 4. The Zoning Board of Adjustment's review of this proposal is governed by the criteria set forth in Section 13.10 of the City's zoning regulations. 5. Section 13.103 requires a finding that the proposed use will not adversely affect traffic on roads and highways in the vicinity. 6. Shelburne Road, at and in the vicinity of the proposed site, during noon and evening peak hours is at a "D" level of service, which is defined as approaching an unstable condition. 7. This section of Shelburne Road will be at an "E" level of service within two years, and this is unacceptable and detrimental to the public welfare. 8. There will be approximately 300 vehicular trips during the noon peak hour generated by the proposed facility. 9. Fifty percent of the trips would be from existing traffic flows, and fifty percent would be generated by the new facility. 10. Approximately one-third of the 300 trips during the noon peak hour would be utilizing the drive-in window service. The proposed use is commonly known as a high -traffic generator. 11. The increased number of turning movements in the area of the proposed site will reduce road capacity. 12. Shelburne Road at the proposed site is two lanes with traffic traveling at relatively high rates of speed. The increased number of turning movements on a two-lane high-speed highway will increase traffic congestion in the area of the proposed restaurant. This results in unsafe conditions and susceptability to serious accidents. 13. The existing highways in the area cannot accommodate any appreciable alteration in movement characteristics without adversely impacting the highway and creating unsafe condi- tions. 14. The Applicant offered to construct certain improvements at the site to alleviate traffic congestion, but offered in- sufficient evidence for us to find that even with the im- provements, the proposed use would not adversely affect traffic on roads and highways in the vicinity. 15. Section 13.102 of the Zoning Regulations requires the Zoning Board to find that the proposal did not adversely affect the character of the area affected. 16. Shelburne Road, in the vicinity of the site, is characterized by low density commercial and residential uses, unlike the northerly section of Shelburne Road where high -density com- mercial development is prevalant. 17. The northerly section of Shelburne Road or U.S. 7 is four lanes and narrows down to two lanes at the Bartlett's Bay intersection. 18. At the present time there is a "flushing out" affect where Shelburne Road narrows into two lanes and traffic speeds increase. 19. The "flushing out" affect results from the low -density and lack of high traffic generating uses in the vicinity of the proposed restaurant. 20. The Board finds that high traffic generators tend to attract additional high traffic generators, which in this case would drastically change the character of Shelburne Road in this vicinity. 21. The "flushing out" �ffect would be eliminated and increase turning movements, traffic congestion and accidents would make this area of Shelburne Road similar to the northerly portion, and also to the Williston Road area in South Burlington. 22. The character of the area from Imperial Drive to the Shel- burne town line would be changed from a low -density com- mercial -residential area to a high -density commercial area with high traffic generating uses being predominate. Thus, we find that the character of the area would be adversely affected. 23. We also note that the Applicant did not offer sufficient evidence for us to conclude that the character of the area would not be adversely affected. 24. Allen Road now provides the only access to residential and commercial developments for fire, police, ambulance and other emergency vehicles south of Interstate 189 and Swift Street. Increased traffic congestion, particularly during the peak periods would seriously restrict access to these areas for emergency vehicles. 25. The evidence is also insufficient for the Board to make an affirmative finding in connection with Section 13.105 of the City's Zoning Regulations. DECISION The application of McDonald's Corporation is disapproved.