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HomeMy WebLinkAboutSP-92-0001 - Decision - 0002 0004 Market StreetFINDINGS OF FACT & DECISION STATE OF VERMONT _ (�' _ c: e> COUNTY OF CHITTENDEN ` CITY OF SOUTH BURLINGTON Re: Finding of Fact, application of Judge Development for construction of a 19,253 square foot building for retail use, 2 Corporate Way. On the 14th 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 the reduction in size of a 21,655 square foot retail building approved on 9/24/91 to a 19,253 square foot retail building. The applicant no longer proposes a boundary line adjustment with the adjacent Anchorage Inn property. 2. This property is located on Corporate Way. Most of this property is in the Central District 1 zone with a small portion in the Commercial 1 zone. This property is bounded on the north by the Ramada Inn and a single family dwelling on Mary Street, on the east by undeveloped land along Corporate Way, on the south by Corporate Way and on the west by the Anchorage Motor Inn and 100 Dorset Street. 3. This 2.6 acre parcel was subdivided from the Ramada Inn property and approved by the Planning Commission on July 10, 1990. 4. Access/circulation: Primary access to the property will be via a 25 foot two-way curb cut on Corporate Way. Additional access will be provided by a 24 foot parking aisle to 100 Dorset Street, and a 24 foot "floating right-of-way" between this property and the Ramada property, the permanent location of which is to be determined at the time of site plan approval of this lot. This plan shows the permanent location of the right-of-way to the Ramada property. 5. The July 10, 1990 subdivision approval stipulated that an access agreement allowing vehicle access via a 24 foot wide easement between this parcel and 100 Dorset Street be recorded. The legal documents were drafted and approved by the City Attorney. The documents are still with the original applicant's attorney and therefore have not been recorded. Applicant has indicated that this document will be recorded prior to obtaining the zoning/building permit. Circulation pattern is acceptable. 6. Coverage/setbacks: Building coverage is 17.5 % (maximum allowed is 40%). Overall coverage is 85% (maximum allowed is 90%). 7. A 15 foot buffer strip adjacent to the R4 District on Mary Street is shown on the site plan as required under Section 19.104(c) of the zoning regulations. 8. The building meets the setback requirements. A canopy proposed along the entire length of the front of the building will encroach three ( 3) inches into the Corporate Way r.o.w. except for a 15 foot section which will encroach three (3) feet. Since the zoning regulations do not make provisions for this type of encroachment the applicant will be seeking approval from the City Council. In addition, a canvas awning is proposed to extend from the 15 foot canopy structure to the curb line. The canopy and the awning are not shown on the site plan. 9. Site plan shows supports for the 15 foot section of the canopy which will encroach 3 feet into the r.o.w. Since the attached awning will project even further into the r.o.w., additional supports will also be placed within the r.o.w. The Streetscape Committee has recommended that canopies and awnings be allowed to overhang into the public r.o.w. a maximum of three (3) feet but that there shall be no supports placed within the r.o.w. 10. Floor Area Ratio (FAR): The F.A.R. for this lot is .17 (maximum allowed is .5). 11. Parking: This project now requires a total of 106 parking spaces based on the requirement for a shopping center. The site plan shows a total of 166 off-street spaces and 14 on -street spaces for a total of 180 spaces being provided. The applicant is seeking a waiver which would reduce the number of spaces required from 106 spaces to 77 spaces, a 29 space or 27.4% reduction. Staff does not support granting this waiver since the applicant not only meets the 106 space requirement but exceeds it by 74 spaces or 69.8%. The applicant wishes to use excess parking from this site to satisfy parking requirements for future expansion of the adjacent 100 Dorset Street property. 12. The new ADA accessibility guidelines require that the proposed parking area have six (6) handicapped spaces and the plan shows four (4) on -site handicapped spaces and two (2) on -street handicapped spaces. 13. All parking stall dimensions and aisle widths meet minimum requirements. 14. The two (2) most southerly parking spaces at the end of the double row of parking on the 100 Dorset Street property do not exist. 15. Landscaping: The minimum landscaping requirement of $14,940 will be met. The plantings will include Summit Green Ash, Norway Spruce, Littleaf Linden and White Cedar. The nine (9) street trees proposed will consist of 4 1/2" - 5" caliper Littleleaf Linden. The spacing and location of the street trees is consistent with the Streetscape Committee's recommendations. 16. Traffic: This property is in Traffic Overlay Zone 6. This zone would allow this lot to generate a maximum of 127 trip ends at the P.M. peak hour. Using the I.T.E. category for Retail General Merchandise, this retail facility would generate 93 vehicle trip ends during the P.M. peak hour. The applicant will be required to contribute $11,606 to the Williston Road Intersection Improvement Fund (Area 1 ) based on the 93 peak hour trip ends. 17. Sewer: A sewer allocation of 481 gpd would be needed for this project. The $2.50 per gallon fee would have to be paid prior to permit. 18. Lighting: The Streetscape Committee has not yet made a recommendation on street lighting. This should be decided prior to installation as per the recommendation. 19. Corporate Way: The Streetscape Committee has recommended a 40' wide pavement for Corporate Way. In this area, it is recommended that the existing curb on the south side of Corporate Way remain in place and that widening take place on the north side of Corporate Way to achieve the 40 feet. The Judge plan proposes widening on the south side. This will result in shifting the building about 4 - 5 feet to the north. 20. Other: --- one (1) of the two (2) previously proposed screened dumpsters has been removed from the northeast corner of the site in response to a neighbor on Mary Street. --- the proposed fire hydrant location is acceptable to the Fire Chief. --- adjoining property owner on Mary Street has asked for a fence along the property line. --- streetscape detail is consistent with the recommendations of the Streetscape Committee. 33 DECISION & CONDITIONS Based on the above Findings of Fact, the Planning Commission approves the site plan application of Judge Development Corporation for a 19,253 square foot building for retail use, as depicted on a plan entitled, "Corporate Way, South Burlington, Vermont", prepared by Dunn and Associates, and dated February, 1992 with the following stipulations: 1. The applicant shall post a $14,940, 3-year landscaping bond prior to issuance of a zoning/building permit. 2. As expressly represented by the applicant, appropriate legal documents securing continuous access between the 100 Dorset Street property and Corporate Way property shall be recorded in the South Burlington land records prior to issuance of a zoning/building permit. The documents shall be submitted to the City Attorney for approval prior to recording. 3. A sewer allocation of 481 gpd is granted. The applicant shall pay the required sewer allocation fee prior to issuance of a zoning/building permit. 4. All on -site lighting shall be downcasting, shielded luminaire. The type of street lighting is not approved at this time. Prior to installation of street lighting and within a reasonable time after construction of the building, the planner shall approve, based on recommendations from the City Center Streetscape Committee, the type, height, wattage, foot candles, and location of street lighting to be installed by the applicant along Corporate Way. Prior to installation, the applicant shall submit the specifications and a revised plan showing the approved street lighting. 5. Appropriate legal documents pertaining to the drainage easement shall be recorded in the South Burlington land records prior to occupancy of the building. The easement shall be submitted to and approved by the City Attorney. The existing storm drain shall be relocated to the new 15 foot storm/sewer r.o.w. prior to or at time of building construction. 6. Prior to issuance of a zoning/building permit, the applicant shall contribute $11,606 to the Williston Road Area 1 Improvement Fund based on the additional 93 peak hour trip ends estimated to be generated by the proposed development. 7. The plan shall be revised prior to issuance of a zoning permit to reflect the Corporate Way improvements as recommended to date by the Streetscape Committee (i.e., widen existing Corporate Way 10 34 feet on north side to obtain 40 foot wide pavement). The plan shall be approved by the City Planner. 8. The plan shall be revised prior to issuance of a zoning permit to show the following: a) The two parking spaces on the 100 Dorset property closest to the movie theater shall be removed since these spaces do not exist and also to provide adequate circulation. b) A fence installed along the property line which abuts the residential property on Mary Street. c) Fire hydrant in a location recommended by the Fire Chief. d) The dumpster on the east end of property shall be removed. 9. Prior to permit, the applicant shall obtain approval from the City Council for the canopy and awning which are proposed to encroach into the public r.o.w. As advised by the City Center Streetscape Committee, it is recommended by the Planning Commission that no posts or supports for the canopy/awning be placed within the r.o.w. 10. The applicant shall obtain a zoning/building permit within 6 months or this approval is null and void._ Chairman or Clerk South Burlington Planning Commission Dat 35