HomeMy WebLinkAboutSP-96-0000 - Decision - 0001 0005 0007 0009 Executive DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT
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COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Dick Kwan to amend a planned
unit development consisting of two (2) multi -use commercial
buildings and 16 multi -family units. The amendment is to convert
1836 square feet of office space to a 50 seat restaurant, Patchen
Road.
On the 18th day of June, 1996, the South Burlington Planning
Commission approved the request of Dick Kwan for revised final plat
approval under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of amending a planned unit development
consisting of two (2) multi -use buildings (9280 square feet and
3672 square feet) and 16 multi -family units. The amendment is to
convert 1836 square feet of office space to a 50 seat standard
restaurant. The sketch plan was reviewed on 4/23/96.
2. The existing uses in the 9280 square foot building consists of
4640 square feet of general office use and 4640 square feet of
private school use. The existing uses in the 3672 square foot
building consist of 1836 square feet of fast-food restaurant use
(take-out) and 1836 square feet of general office use. The request
is to convert the fast-food restaurant to a standard restaurant and
convert 1836 square feet of office space to 50 seats for the
standard restaurant.
3. This property located on Executive Drive and Patchen Road lies
within the Cl District. It is bounded on the north by Jaycee Park,
on the east by Patchen Road, on the south by an office building,
post office and single family residence, and on the west by a
parking lot.
4. Access/circulation: Access will be via a private street from
Patchen Road known as Executive Drive. No changes proposed.
Circulation on the site is adequate.
5. Coverage/setbacks: Building coverage is 7.9% (maximum allowed
is 30%). Overall coverage is 27.8% (maximum allowed is 70%).
Front yard coverage is 34.2% (maximum allowed is 30%). This is an
existing situation which will not be made worse by this
application.
6. The building at 65 Patchen Road does not meet the front yard
setback and is a noncomplying structure subject to the limitations
of Section 26.002 of the zoning regulations.
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7. Landscaping: The minimum landscaping requirement, based on
building costs, is $750 which is being met. Plantings include
Cinquefoil, Lilac, Yew and Arrowood.
8. Parking: A total of 41 spaces are required for the commercial
portion of the project and 66 spaces including three (3)
handicapped spaces are available. A bike rack will be provided as
required.
9. Traffic: ITE estimates that the change in use will generate 20
additional vehicle trip ends during the P.M. peak hour. The
applicant was made aware that the road impact fee is approximately
$3500.
10. Sewer: The additional sewer allocation needed is 1410 gpd.
The applicant will be required to pay the per gallon fee prior to
permit.
11. Dumpster: A screened dumpster area will be provided.
12. Lighting: The building mounted flood lights will be replaced
with 70 watt high pressure sodium lamps with downcasting shielded
fixtures mounted on the building. The revised final plat includes
the locations and details of all exterior lighting on the property
including the pole mounted flood light which lights the parking
area next to the park.
13. Other:
--- the proposed pedestrian walkway between the two parking areas
should be plowed in the winter.
-- the parking calculations on the plat should be revised to be
consistent with staff's calculations.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approved the revised final plat application of Dick Kwan
to amend a planned unit development consisting of two (2) multi -use
commercial buildings and 16 multi -family units. The amendment is
to convert 1,836 square feet of office space to a 50 seat
restaurant, Patchen Road, as depicted on a plan entitled, "Proposed
Kwan's Restaurant on Hal Bensen Property," prepared by Jim Wood,
dated 3/25/96, last revised 6/11/96, with the following
stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The plat shall be revised to show the changes listed below and
shall require approval of the City Planner. Three (3) copies of
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the approved revised plat shall be submitted to the City Planner
prior to recording.
a) The parking information on the plat shall be revised to
reflect correct parking requirements.
3. The applicant shall post a $750 landscape bond prior to
issuance of a zoning permit. The bond shall remain in effect for
three (3) years to assure the landscaping takes root and has a good
chance of surviving.
4. The Planning Commission approves an additional sewer allocation
of 1410 gpd. The applicant shall pay the per gallon fee prior to
permit issuance.
5. For the purpose of calculating road impact fees under the South
Burlington Impact Fee Ordinance, the Planning Commission estimates
that the change in use will generate 20 additional vehicle trip
ends during the P.M. peak hour.
6. The proposed pedestrian walkway between the two parking areas
shall be plowed in the winter.
7. The restaurant shall have a grease grit trap on the kitchen
sanitary line.
8. Any change to the plat shall require approval by the South
Burlington Planning Commission.
9. The final plat plan shall be recorded in the land records
within 90 days or this approval is null and void. The plan shall
be signed by the Planning Commission Chair or Clerk prior to
recording.
cnairman-or cierx
South Burlington Planning Commission
ate
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