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HomeMy WebLinkAboutSP-01-44 - Decision - 1785 Shelburne Road#SP-01-44 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, site plan application #SP-01-44 of J.W. J. Realty to amend a site plan for a parking lot for automobile display. The amendment consists of coverage and circulation modifications, 1785 Shelburne Road. On the 7th of August, 2001, the South Burlington Development Review Board approved the site plan application of J.W.J Realty under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: This project consists of amending a site plan for a parking lot for automobile display. The amendment consists of coverage and circulation modifications, 1785 Shelburne Road. 2. The owner of record is J. W.J Realty. 3. This property is located within the C2 District. It is bounded on the north by undeveloped land owned by the State of Vermont, on the east by Shelburne Road, on the south by the applicant's car dealership, and on the west by a bakery. 4. Access/Circulation: Access to the parking lot is provided via a 24 foot existing curb cut and shared access drive with the adjacent car dealership. The applicant proposed to remove three (3) 24 foot and one (1) 14 foot access points along the shared access drive in favor of open access along the southern portion of the property to the access drive. Since the parking lot will be used for auto display only, staff did not anticipate a circulation problem. 5. Coverage/setbacks: Building coverage will remain 0% (30% max). Overall coverage will increase as parking islands will be removed. The applicant stated that the proposed overall coverage will be 31%. The Planning Commission previously approved an overall coverage of 35.9% (70% max). Front yard coverage will increase from 0% to 23% (30% max). All setback requirements are being met with the exception of the required 15 foot setback from Shelburne Road. Staff recommended relocating the proposed parking spaces in the green area on the eastern boundary of the property in order to conform with this requirement. 6. Traffic: No additional traffic is expected according to the I.T.E. Trip Generation manual since estimated trips are based on gross floor area and there will be no increase in the size of the building. 7. Bartlett Brook Overlay District: The project is within the Bartlett Brook Overlay District. The applicant previously submitted a report from Wagner, Heindel, and Noyes, Inc. on November 10, 1992 that evaluated the parking lot and its effect on the watershed. The applicant was not determined to be disturbing more than 15,000 square feet of green area and therefore was not required to update this report. 8. Conservation/OMn Space District: No encroachment was proposed. 9. Lighting No changes were proposed. 10. Landscaping: There was never a minimum landscaping requirement associated with this property therefore the removal of landscaping in the parking lot islands was acceptable. Staff did recommend retaining the plantings along the eastern boundary of the property as was previously approved. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-01-44 of J.W. J. Realty to amend a site plan for a parking lot for automobile display. The amendment consists of coverage and circulation modifications, 1785 Shelburne Road, as depicted on a plan entitled "Nissan Parking South Burlington, VT", prepared by Weimann Lamphere Architects, dated 6/20/01, 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 site plan shall be revised to provide a 15 foot green strip along the front property line as required under Section 25.107 of the zoning regulations. b. The site plan shall be revised to show a row of shrubs in the front yard as previously approved. 3. Any change to the site plan shall require approval by the South Burlington Development Review Board. PA KChaiļæ½rorerk ate 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.R. 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). 3