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HomeMy WebLinkAboutSP-95-0000 - Decision - 0364 Dorset StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Dorest Street Beverage to expand an existing convenience store use and a pizza restaurant (fast food) with take-out and delivery into 672 square feet of vacant space. The convenience store would expand from 3,264 square feet to 3,600 square feet and the restaurant from 864 square feet to 1200 square feet and add 12 seats for a total of 22 seats, 364 Dorset Street. On the 14th of March, 1995, the South Burlington Planning Commission approved the request of Dorset Street Beverage for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of expanding a convenience store use and a pizza restaurant (fast food) with take-out and delivery into 672 square feet of vacant space. The convenience store would expand from 3,264 square feet to 3600 square feet and the restaurant from 864 square feet to 1200 square feet and add 12 seats for a total of 22 seats. This parcel also contains an additional building used for a contracting business (Munson Earth Moving) and a real estate business (South Burlington Realty). The last review of this site by the Planning Commission was on 3/8/94 when the restaurant was originally approved. 2. This property located at 364 Dorset Street lies within the CD2 District. It is bounded on the south and east by San Remo Drive, on the west by Dorset Street and on the north by a mixed use commercial building. 3. Access/circulation: Access to 364 Dorset Street is provided by a 35 foot wide shared curb cut with the property to the north and a 40 foot wide curb cut which serves 366 Dorset Street. No access changes proposed. Access to San Remo Drive is provided via a driveway on the adjacent property to the north. 4. The angled parking between 364 and 366 Dorset Street requires cars to back out. This layout was previously approved on 4/23/91. 5. Coverage/setbacks: Building coverage is 12.1% (maximum allowed is 40%). Overall coverage is 99% (maximum allowed is 90%). This is an existing situation which will not be made worse by this application. 6. Both buildings do not meet the setback requirements and are therefore noncomplying structures subject to Section 26.002 of the zoning regulations. In addition the parking spaces along Dorset Street do not meet the setback requirements. Section 14.402 of the zoning regulations prohibits parking spaces within 100 feet of the Dorset Street r.o.w. unless hidden from view by a building. This is an existing situation which is not being made worse by this application. 7. Landscaping: The minimum landscaping requirement, based on building costs, is $168 which is not being met. Since the lot is 99% covered, there is very little space available for additional landscaping. 8. Parking: A total of 33 parking spaces are required and 31 spaces are being provided including two (2) handicapped spaces. The applicant conducted a parking count survey which he presented at the meeting to justify the two (2) space waiver. 9. The original 4/23/91 approval included a stipulation which requires the gate on the south side of the building to remain open between the hours of 7:00 A.M. and 6:00 P.M. in order to provide access to the six (6) employee parking spaces. Staff has observed that this gate is usually closed. This gate should remain open as required and should be used by all employees. Parking can be tight on the north side of the building during busy times. 10. A bike rack is required under Section 26.253(b) of the zoning regulations and no bike rack was proposed. 11. Traffic: ITE estimates that the expansions will generate 20.1 additional vehicle trip ends (vte's) during the P.M. peak hour. Based on trip count data provdied by the applicant at the meeting, it is the Commission's opinion that the proposed uses on the property will generate 81 vehicle trip ends during the P.M. peak hour. This represents an increase of nine (9) vte's over existing conditions. 12. Sewer: The additional sewer allocation needed for this project is 360 gpd. The applicant will be required to pay the per gallon fee prior to permit. 13. Lighting: Exterior lighting consists of interior lit awnings along the west and north sides of the building and a fixture at southwest corner of the building of unknown type and wattage. Any new exterior lighting or change in existing lighting should consists of downcasting shielded fixtures so as not cast light beyond the property line. Any change in lighting should be approved by the City Planner prior to installation. 14. Other: The dumpsters are located behind the building and are screened by the building. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Dorset Street 2 Beverage to expand an existing convenience store use and a pizza restaurant (fast food) with take-out and delivery into 672 square feet of vacant space. The convenience store would expand from 3,264 square feet to 3,600 square feet and the restaurant from 864 square feet to 1200 square feet and add 12 seats for a total of 22 seats, 364 Dorset Street, as depicted on a plan entitled "Dorset Street Beverage, 364 Dorset Street", dated 3/3/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission grants an additional sewer allocation of 360 gpd for this project. The sewer allocation fee shall be paid prior to permit. 3. The site plan shall be revised prior to issuance of a zoning permit to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved site plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show a bike rack at a location approved by the City Planner. 4. The Planning Commission grants a credit for the $168 landscaping requirement. The lot is 99% covered and there is very little space available for additional landscaping. 5. The Planning Commission approves a total of 31 parking spaces which represents a two (2) space or 3% waiver. It is the Planning Commission's opinion, based on a parking count survey conducted by the applicant, that 31 parking spaces will adequately serve the convenience store and pizza restaurant. 6. For purposes of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that all proposed uses on the property will generate 81 vehicle trip ends (vte's) during the P.M. Peak Hour. This represents an increase of 9 vte's over existing conditions. 7. Any new exterior lighting or change in existing lighting shall be downcasting and shielded so as not to cast light beyond the property line. Any change in lighting must be approved by the City Planner prior to installation. 8. The zoning permit shall be obtained within 6 months or this approval is null and void. 9. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the newly converted space. 3 10. Any change to the approved site plan shall require Planning Commission approval. A `YQ A e i hairman' 6 r South Burlington Planning Commission 4