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HomeMy WebLinkAboutSP-93-0000 - Decision - 0002 0004 Market StreetFINDINGS OF FACT & DECISION CITY OF SOUTH BURLINGTON COUNTY OF CHITTENDEN v O co CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Judge Development Corporation for construction of a 400 square foot addition for storage use, a 207 square foot canopy and a 225 square foot tower structure and 27 additional outdoor seats for the restaurant/deli, 100 Dorset Street. On the 22nd of June, 1993, the South Burlington Planning Commission approved the request of Judge Development Corporation for site plan review under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of the construction of a 400 square foot addition for storage use, a 207 square foot canopy, a 225 square foot tower with a height of 39.5 feet and 27 additional seats for seasonal outdoor restaurant/deli use to the 100 Dorset Street development. The Planning Commission approved a 3,200 square foot expansion to the development on 4/28/92. 2. This property located at 100 Dorset Street is located in the Cl District. It is bounded on the north by Mills & Greer, on the east by the Ramada Inn, on the south by Anchorage Motor Inn and on the west by Dorset Street. 3. Access/circulation: The main access will be via a new 30 foot curb cut located opposite the new Chittenden Bank access drive. This new access will replace the current access now located 100 feet to the north. This main access will be signalized. This property will also have two (2) secondary access drives to the adjacent Mills and Greer property. As part of the most recent approval a "Notice of Conditions" was recorded which requires the applicant to provide an access easement to the Greer property when Greers provide the applicant with a similar access easement. Circulation is adequate. 4. Coverage/setbacks: Building coverage is 21.5% (maximum allowed is 30%). Overall coverage is 86.5% (maximum allowed is 70%). This application will increase overall coverage by 0.5% above the 86% approved on 4/28/92. The 86% coverage is 1% less than the coverage existing prior to the 4/28/92 site modifications. This application will therefore not exceed the original 87% overall coverage. Front yard coverage is currently being exceeded and this proposal will not increase this situation. The proposed additions will meet all setback requirements. 1 5. Parking: The existing uses in addition to the proposed expansions require a total of 325 parking spaces and only 255 spaces are available (180 spaces at 100 Dorset Street and 75 spaces at 2 Corporate Way). The previous approval granted a 39 space or 12% waiver of parking. The storage addition will require two (2) additional spaces and result in the loss of two (2) spaces which will represent a 43 space or 13.6% shortfall. The additional 27 seats will require an additional nine (9) spaces. This will result in a total parking space shortfall of 52 spaces or 16%. There is no problem with waiving the parking spaces for the restaurant seating since the seats are only seasonal and peak usage tends to be in the evening and weekends when the office space is not occupied. 6. Traffic: This property is in Traffic Overlay Zone 4 which limits this property to 116.7 vehicle trip ends (vte's) during the P.M. peak hour. I.T.E. estimates that the current uses generate 436 vte's and the proposed expansion will increase traffic generation by 1.6 trip ends for a total of 437.6 vte's. The Planning Commission approved a 16 vte increase as part of the 4/28/92 approval because of proposed improvements which will result in a net benefit for traffic flow. The proposed improvements should also be applied to the proposed 1.6 vte increase and a waiver granted for this modest increase in traffic generation. 7. Sewer: The additional sewer allocation needed for this project is 810 gpd. The applicant will be required to pay the per gallon fee prior to permit for the additional seats. 8. Building Height: The proposed tower will have a height of 39.5 feet. The maximum allowed height under Section 18.112(a) is 40 feet. 9. Other: The proposed fire hydrant located adjacent to the Greer property must be installed. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Judge Development Corporation for construction of a 400 square foot addition for storage use, a 207 square foot canopy and a 225 square foot tower structure, and 27 additional outdoor seats for the restaurant/deli as depicted on a two (2) page set of plans, page one entitled "100 Dorset Street, South Burlington, Vermont", prepared by Dunn Associates and dated March, 1992, last revised 6/9/93, 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 approves 255 spaces to serve this N development. As indicated on the plan, 180 spaces shall be located on the 100 Dorset Street property. The remaining 75 spaces shall be located on the adjoining Corporate Way parcel currently owned by TAP, Inc. The 255 spaces represent a shortfall of 70 spaces or 21.5% of the required spaces needed to meet peak parking demand. The proposed project requires eleven (11) additional spaces by standard. It is the Commission's opinion that the project will be adequately served by the 255 existing approved spaces since the parking demand generated by the storage addition is negligible and since the additional outdoor seating is seasonal. 3. This property is located within Traffic Overlay Zone 4 which limits the property to a generation of 117 vehicle trip ends (vte's) during the PM peak hour. Based on ITE trip generation rates, it is estimated that the present approved uses generate 436 vte's and that the proposed uses will generate 437.6 vte's. This represents an increase of 1.6 vte's over existing approved conditions. The Planning Commission may approve traffic volumes above the normal standards if the Commission finds that other site improvements will produce a net benefit for traffic flow in the vicinity. It is the Commission's determination that the improvements listed below will result in a net benefit for traffic flow and therefore approves the expansion and 1.6 additional peak hour trip ends. The improvements include: 1) securing of a vehicular access agreement between 100 Dorset Street and the Corporate Way lot owned by TAP, Inc., 2) securing of an access agreement between 100 Dorset Street and 8 Dorset Street to the north, 3) the Dorset Street improvements including a new signalized entrance aligned with the entrance to the Chittenden Bank property across Dorset Street, and 4) improved stacking of vehicles entering and exiting 100 Dorset Street. 4. Prior to issuance of a zoning/building permit, the applicant shall contribute $200 to the Williston Road Area 1 Improvement Fund based on the additional 1.6 peak hour vte's anticipated to be generated by this project. 5. An additional sewer allocation of 810 g.p.d. is granted. The applicant shall pay the required sewer allocation fee prior to issuance of a zoning/building permit. 6. All exterior lighting shall be downcasting and shielded and shall not cast light beyond the property line. Any change in existing lighting or new lighting shall be approved by the City Planner prior to installation. 7. The fire hydrant on the north side of the property along Dorset Street shall be installed prior to issuance of a zoning/building permit. 8. This approval is conditioned on a maximum seating capacity of 65 indoor seats and 27 outdoor seats for the restaurant space. Any 3 increase in either outdoor or indoor seating shall require Planning Commission approval. 9. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 10. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the additions. 11. Any changes to the site plan shall require approval by the South Burlington Planning Commission. C airman erk South Burlington Planning Commission q1,14 3 Date 4