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.
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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
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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
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