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HomeMy WebLinkAboutSP-91-0000 - Decision - 0364 0366 0368 Dorset StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN 5F- qt CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of South Burlington Realty for use of an existing 4,800 square foot building for retail beverage store use (3,552 square feet) and retail video store use (1,248 square feet) on a 2.2 acre parcel which also contains a contract- ing business at 364-368 Dorset Street. On the 23rd of April 1991, the South Burlington Planning Commis- sion approved the request of South Burlington Realty for site plan review under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1. The applicant proposes to use 3,552 square feet of an exist- ing 4,800 square foot building for a retail beverage store. The remaining 1,248 square feet would remain as retail video store use. The building sits on a 2.2 acre parcel which contains an additional building used for a contracting business (Munson Earth Moving) and realty business (South Burlington Realty). 2. Access/Circulation: Access from Dorset Street will be provided by two (2) curb cuts. An existing curb cut between "364 Dorset Street" and "366 Dorset Street" will be closed as part of the Dorset Street project. The northern most curb cut is closest to the subject building. It appears access will be secured through an easement over the adjoining parcel to the north (Whittlesey). 3. Parking: By standard, the 4,800 square foot retail building (364 Dorset Street) requires 16 spaces (assuming 50% retail floor area). The plan shows 10 spaces on the north side, 4 parallel spaces in front and 3 spaces in the south, or a total of 17 spaces. The parking space dimensions do not meet zoning requirements. In addition, angled parking is shown, however, the aisle does not continue through, thereby making backing -out difficult. 4. Setbacks/Coverage: The building is non -conforming since it does not meet the 50 foot front yard setback and 100 foot rear yard setback from the block centerline. This application would not increase the degree of non-conformancy. 5. Traffic: The 2.2 acre parcel is located in Traffic Overlay Zone 6 which allows 108 peak hour trip ends to be generated. Based on I.T.E., the existing uses generate 39 trip ends during the P.M. peak. The property including the beverage store is estimated to generate 265 trip ends during the peak hour if the ITE trip generation rate for convenience store use is applied to the beverage store use. 6. Landscaping- The project requires $300 in new landscaping. No new landscaping is proposed. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Plan- ning Commission approves the Site Plan application of South Burl- ington Realty for use of an- existing 4,800 square foot building for retail beverage store use (3,552 square feet) and retail video store use (1,248 square feet) on a 2.2 acre parcel which also contains a contracting business and realty business as depicted on a plan dated April 19, 1991 with the following stipu- lations: 1. The plan shall be revised to show 90 degree angled parking on the north side of the building. There shall be at least 17 parking spaces serving the retail building. 2. The property is located within Traffic Overlay Zone 6 which allows 108 trip ends to be generated during the peak hour (Arti- cle XVII, South Burlington Zoning Regulations). Based on I.T.E., it is estimated that the property presently generates 39 peak hour trip ends. It is estimated that with the new beverage store use, the property exceeds the allowable 108 peak hour trip end limit. Section 17.50 of the Zoning Regulations allows the Plan- ning Commission to approve a use which exceeds the trip end limit if the Commission finds that certain improvements will produce a net benefit in -traffic flow in the vicinity. It is the Commis- sion's opinion that the Dorset Street project will produce a net benefit in access safety to and from the property. Therefore, it is the Commission's opinion that the provisions of Section 17.50 are adequately met. 3. Based upon the expressed representation of the applicant, the gate on the south side of the building shall remain open between 7:00 A.M. and 6:00 P.M., Monday - Friday and 7:00 A.M. and 2:00 P.M. on Saturday for receiving. 4. The circulation lane in front of the building (364 and 366 Dorset Street) shall be signed as one-way to the north. 5. This approval is contingent on the applicant withdrawing the current appeal to the Superior Court. Ch6irmdn ol-4'Clerk, South Burlington Planning Commission