HomeMy WebLinkAboutSP-92-0000 - Decision - 0002 0004 Market StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Judge Development Corporation
for a 3,200 square foot expansion (gross leasable area) to the main
building at 100 Dorset Street.
On the 28th of April, 1992 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 adding 3,200 square feet of leasable
area to the 100 Dorset Street development, 1,220 square feet will
be added to the restaurant/deli while 2,160 square feet will be
added as leasable retail space. The existing office space, will be
reduced by 180 square feet. Parking and circulation changes are
also proposed. The theater is proposed to remain a theater.
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: 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. Legal access to this property will have to be
obtained and the documents approved and recorded prior to permit.
Another secondary access will be provided via a 24 foot drive
connecting this property with the recently approved retail building
on Corporate Way. An access agreement between these two (2)
properties was a condition of the retail building on Corporate Way.
4. Coverage/setbacks: Building coverage will be 21% (maximum
allowed is 30%). Overall coverage will be 86% (maximum allowed is
70%). Current overall coverage is 87% so this proposal will
slightly improve the current situation. Front yard coverage is
currently being exceeded and this proposal will not increase this
situation.
The proposed addition will meet all setback requirements.
5. Parking: There are 215 parking spaces on the site. The
existing uses require 294 spaces, therefore, there is an existing
shortfall of 79 spaces or 27%. The new plan proposes 257 spaces
(182) spaces on 100 Dorset Street and 75 spaces on the Corporate
Way lot). The project with the expansion will require 314 spaces
as shown below:
1.
Retail:
20,178 square feet x 5.5/1000
= 111
2.
Office:
15,409 square feet/250
= 62
3.
Restaurant/deli: 65 seat/3
= 22
Assume
500 square feet for deli
= 3
4.
Theater:
(1): (600 seats/3) x 58%
= 116
314
(1) ULI Shared Parking Manual indicates that theaters operate at
58% of peak during retail/office peak.
The proposed plan represents a shortfall of 39 spaces or 12%. This
is an improvement over existing conditions.
6. Landscaping: The landscaping requirement for this project is
$5,220 which is being met. Plantings will include Cotoneaster,
Burning Bush, Ash, Honeylocust, Mugo Pine, Lilac, Littleleaf Linden
and Hemlock.
7. 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 this shopping center
currently generates 420 vte's and with the proposed increase in
square footage will generate 436 vte's. This is a 16 trip increase
or 3.8%. The Planning Commission can only approve an increase in
trip generation if it determines that other site improvements will
produce a net benefit for traffic flow in the vicinity. The
applicant is also proposing to restore pedestrian access to the
Ramada Inn. In addition, the Planning Commission has granted
credit to other properties along Dorset Street for the improvements
to be created by the Dorset Street project.
The applicant will be required to contribute $1997 to the Williston
Road Traffic Impact Fund (Area 1) for the 16 additional trips to be
generated.
8. Sewer: The sewer allocation needed for this project is 83 gpd.
The applicant will be required to pay the $2.50 per gallon fee
prior to issuance of a zoning/building permit.
9. Building Height: The applicant submitted elevations which show
the proposed tower to be 42 feet high (maximum allowed for peaked
roof structure is 40 feet). The Zoning Administrator has ruled
that the only way the Commission can approve this increase above
the maximum is if the entire building maintains a 32 foot rear yard
setback (Section 18.112(e)). Since the building has only a 27 foot
rear yard setback, the required setback cannot be maintained. The
applicant must lower the height of the tower to 40 feet or seek a
variance.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of Judge Development
Corporation for a 3,200 square foot expansion (gross leasable area)
to the main building at 100 Dorset Street as depicted on a two page
set of plans, page one entitled 11100 Dorset Street, South
Burlington, Vermont," prepared by Dunn Associates and dated March,
1992 with the following stipulations:
1. The applicant shall post a $5,220, 3-year landscaping bond
prior to issuance of a zoning/building permit.
2. The Planning Commission approves 257 spaces to serve this
development. As indicated on the plan, 182 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 257 spaces represent a shortfall of 39 spaces or 12%
of the required spaces needed to meet peak parking demand. It is
the Commission's opinion that this is an improvement over existing
conditions which represent a 27% shortfall in meeting peak parking
demand. The Corporate Way site plan shall be revised prior to
permit to clearly show the 75 spaces designated for 100 Dorset
Street. All parking spaces on both lots shall be paved.
3. The applicant shall secure and record a parking easement which
designates 75 spaces on the Corporate Way lot for the sole use of
parking for the 100 Dorset Street property. The easement shall be
approved by the City Attorney and recorded in the South Burlington
land records prior to issuance of a zoning/building permit.
4. In an effort to improve traffic and circulation, the applicant
shall record an access agreement allowing vehicle access between
100 Street and the Corporate Way lot presently owned by TAP, Inc.
This agreement shall allow the Corporate Way lot to access Dorset
Street over 100 Dorset Street at such time as the Corporate Way lot
is developed. This access agreement is contingent upon mutual
agreement being recorded by the Corporate Way lot which would allow
100 Dorset Street to access Corporate Way over the Corporate Way
property. The access agreement shall be approved by the City
Attorney and shall be recorded in the South Burlington land records
prior to issuance of a zoning/building permit.
In an effort to further improve traffic access and circulation, the
applicant shall record a similar access agreement allowing vehicle
access between 100 Dorset Street and 8 Dorset Street to the north.
This agreement shall allow 8 Dorset Street to access 100 Dorset
Street through the signalized entrance and parking lot of 100
Dorset Street. This agreement shall be contingent upon mutual
agreement being recorded by 8 Dorset Street which would allow 100
Dorset Street access to Dorset Street over 8 Dorset Street. The
access agreement shall be approved by the City Attorney and shall
be recorded in the South Burlington land records prior to issuance
of a zoning/building permit.
5. 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 uses generate 420 vte's and
that the proposed uses will generate 436 vte's. This represents an
increase of 16 vte's over existing 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 estimated 16 additional peak
hour vte's combined with the improvements listed below will result
in a net benefit for traffic flow and therefore approves the
expansion. The proposed 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.
6. Prior to issuance of a zoning/building permit, the applicant
shall contribute $1,997 to the Williston Road Area 1 Improvement
Fund based on the additional 16 peak hour vte's anticipated to be
generated by this project.
7. An additional sewer allocation of 1,087 gpd is granted for the
expansion. The applicant shall pay the required sewer allocation
fee prior to issuance of a zoning/building permit.
8. This approval is conditioned on a maximum seating capacity of
65 seats for the restaurant space. Any increase in seating shall
require Planning Commission approval.
9. Final details and specifications for the proposed fence along
Dorset Street shall be approved by the City Planner and City
Engineer prior to installation.
10. The zoning/building permit shall be obtained within 6 months
or this approval is null and void.
Chairman r Clerk
South Burlington Planning Commission
Date