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HomeMy WebLinkAboutSP-94-0000 - Decision - 0364 Dorset StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN J CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Dorset Street Beverage to convert 864 square feet of convenience store use to a ten (10) seat pizza restaurant (fast food) with take-out and delivery on a 4,800 square foot building containing 3,264 square feet of convenience store use and 672 square feet of retail use, 364 Dorset Street. On the 8th of March, 1994 the South Burlington Planning Commission approved the request of Dorset Street Beverage for site plan review under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of converting 864 square feet of convenience store use to a ten (10) seat pizza restaurant (fast food) with take-out and delivery in a 4800 square foot building containing 3,264 square feet of convenience store use and 672 square feet of retail use. 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 4/23/91. The Zoning Board of Adjustment on March 14, 1994 will review the applicant's request for a conditional use permit for the fast food restaurant. 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 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. The angled parking between 364 and 366 Dorset Street requires cars to back out. This layout was previously approved on 4/23/91. 4. 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. 5. Both buildings do not meet the setback requirements and are therefore noncomplying structures subject to Section 19.002 of the zoning regulations. In addition the parking spaces along Dorset Street do not meet the setback requirements. Section 1.6022 of the Central District Zoning Ordinance prohibits parking spaces within 1 100 feet of the Dorset Street r.o.w. This is an existing situation which is not being made worse by this application. 6. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. 7. Parking: The minimum parking requirement for the proposed and existing uses is 30 spaces and only 26 spaces including one (1) handicapped space are being provided. 8. Traffic: This property is located in Traffic overlay Zone 6 which allows this property to generate 108 P.M. peak hour trip ends. ITE estimates the existing uses to generate 240 vehicle trip ends (vte's) during the P.M. peak hour and with the proposed change in use to generate 207 vte's. This is a 33 vte or 13.8% reduction. 9. The applicant conducted several trip counts at two (2) pizza restaurants similar to the one being proposed and at the beverage center. This information indicates a much lower trip generation than is estimated by ITE. This may be partially explained by the median and the counts having been taken in February. 10. Sewer: The sewer allocation needed for this project is 300 gpd. The applicant will be required to pay the per gallon fee prior to permit. 11. Lighting: Exterior lighting consists of interior lit awnings along the west and north sides of the building. Any new exterior lighting or change in existing lighting should consist 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. 12. 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 Beverage to convert 864 square feet of convenience store use to a ten (10) seat pizza restaurant (fast food) with take-out and delivery in a 4800 square foot building containing 3,264 square feet of convenience store use and 672 square feet of retail use. This 2.2 acre parcel also contains an additional building used for a contracting business (Munson Earth Moving) and a real estate business (South Burlington Realty), 364 and 366 Dorset Street, as depicted on a plan entitled "364 Dorset Street, Site Plan" and dated 3/1/94, with the following stipulations: K 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The circulation lane in front of the building (364 and 366 Dorset Street) shall be signed as one-way to the south. 3. This site plan approval shall not be construed as approval to alter a noncomplying structure. The decision of whether or not to approve alteration to a noncomplying structure shall be made by the Administrative Officer in accordance with Section 19.002 of the zoning regulations. 4. The Planning Commission approves an additional sewer allocation of 300 gpd. The applicant shall pay the per gallon fee prior to issuance of a zoning/building permit. 5. Any new exterior lighting or change in existing lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 6. This property is located in Traffic Overlay Zone 6 which allows this property to generate a maximum of 108 P.M. peak hour trip ends. ITE estimates the existing uses to generate 240 vehicle trip ends (vte's) during the P.M. peak hour. The proposed change in use will reduce estimated vte's to 207 which is a 33 vte or 13.8% reduction. The Planning Commission on 4/23/91 allowed this property to exceed the trip end limit pursuant to Section 17.50 of the zoning regulations. It was the Commission's opinion that the Dorset Street improvement project, which included the construction of a median along this property's frontage, would produce a net benefit in access safety to and from the property. This application, even though reducing P.M. peak hour vte's, will still exceed the trip end limit. Given the Dorset Street improvements, it is still the Planning Commission's opinion that the provisions of Section 17.50 are adequately met. 7. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the pizza restaurant. 9. Any change to the site plan shall require approval by the South Burlington Planning Commission. 10. The Planning Commission approves 26 parking spaces for the 364 Dorset Street building which represents a waiver of 4 spaces. Based on parking and traffic information submitted by the applicant, it is the Commission's opinion that 26 spaces will adequately serve the proposed uses. 3 11. Immediately after installation of a permanent sidewalk or bike path, the applicant shall be responsible for installing a concrete curb or other satisfactory barrier along the entire Dorset Street frontage (364 and 366 Dorset Street) in order to prevent cars from conflicting with the adjacent sidewalk or bike path. Chairman o South Burlington Planning Commission r X- DbLt6' 4