Loading...
HomeMy WebLinkAboutSP-91-0000 - 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 Corpora- tion for construction of a 21,655 square foot building for retail use, Corporate Way. On the 24th of September, 1991 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 21,655 square foot, one story retail./commercial building on a 2.6 acre lot. A minor boundary line adjustment is also proposed between this property and the adjacent Anchorage Motor 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 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 20 foot right-of-way to the adia- cerit Anchorage Motor Inn property to the west, 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. 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. Circulation pattern is acceptable. 5. Coverage/setbacks: Building coverage is 19.8% (maximum allowed is 40%). Overall coverage is 85% (maximum allowed is 90%). Building setback requirements are being met. Section 19.104(c) of the zoning regulations require a 15 foot wide landscaped buffer strip where commercial zones abut. residential zones. The adjacent Mary Street neighborhood is zoned R4. A 15 foot buffer strip will be required in this area and will result in the elimi- nation of 4 parking spaces. 6. Floor Area Ratio (FAR): The F.A.R. for this lot is .19 (maximum allowed is .5). 7. Par.•king This project requires a total of 119 parking spaces based on the requirements for a shopping center. The site plan shows a total of 172 off-street spaces and 14 on -street. spaces. The site plan indicates that 68 spaces are for 100 Dorset Street thus resulting in this project having 118 spaces or one (1) space short of the requirement. Since 4 additional spaces will be lost as a result the 15 foot buffer, only 114 spaces will be provided representing a shortfall of 5 spaces. Section 1.9.256(b) allows the Commission to waive up to 50% of required parking spaces. The proposal will require a parking waiver of 5 spaces or. 4%. 8. Landscaping: The minimum landscaping requirement of $16,362 will be met. The plantings will include Summit Green Ash, Norway Spruce, Little Leaf Linden and White Cedar. Ten (10) street. trees are proposed along Corporate Way which will consist of Sargent Cherry. 9. 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 104 vehicle trip ends during the P.M. peak hour. 10. Sewer: A sewer allocation of 542 gpd would be needed for this project. The $2.50 per gallon fee would have to be paid prior to permit. 11. Lighting: Four (4) 1.6 foot high street lights and eighteen (18) 20 foot high parking lot lights are proposed. 12. Other: two (2) screened dumpster service areas are proposed. --- the July 10, 1990 subdivision stipulations required that a permanent 15 foot drainage easement be determined at the time of site plan review. a ten (10) foot pedestrian easement along the easterly boundary extending between Corporate Way and the Ramada property is shown on the plan. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Plan- ning Commission approves the Site Plan application of Nudge Development Corporation for construction of a 21,655 square foot building for retail use as depicted on a plan entitled "100 Dorset Street, South Burlington, Vermont." prepared by Dunn Asso- ciates and dated 8/30/91, last revised 9/24/91, with the follow- ing stipulations: 1. The applicant shall post a $16,360, 3-year landscaping bond prior to issuance of a zoning permit. The plan shall be revised prior to permit to show a minimum 15 foot wide landscaped buffer strip along the boundary line abutting the Residential 4 zoning district (i.e., Mary Street area). 2. Prior to issuance of a zoning permit, the Planning Commission shall approve a street tree species for this project based on input provided by the City Center Streetscape Design Committee. 3. 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. The documents shall be sub- mitted to the City Attorney for approval prior to recording. 4. A sewer allocation of 542 gpd is granted. The applicant shall pay the $2.50 per gallon fee prior to permit. 5. All on site lighting shall be downcasting, shielded lumanaire. Prior to permit, the Planning Commission shall ap- prove the spacing, fixture type and design of street lighting based on input provided by the City Center Streetscape Design Committee. 6. The plan shall be revised prior to permit to show the loca- tion of the 15 foot drainage easement on the easterly end of the property. Appropriate legal documents pertaining to the drainage easement shall be recorded in the South Burlington land records prior to permit.. The easement shall be submitted to and approved by the City Attorney. 7. A plat showing the boundary line adjustment with the Anchor- age property to the west shall be submitted to the City Planner for approval prior to permit and shall be recorded in the South Burlington land records. 8. The plans shall be revised prior to permit to show a water/hydrant system as recommended by the Fire Chief and City Planner . 9. The plan shall be revised to show how connections to adjoin- ing properties relate to existing parking and circulation in ad- joining properties. The Planner shall determine that the connec- tions are satisfactory in terms of parking and circulation on the adjoining properties. If not approved, the application shall go back to the Planning Commission for review. 10. Plan shall be revised to clearly indicate that the arcade through the building will be covered thereby creating one build- ing on the property. 11. The design of the street X-section in front of the applicant's property shall be finalized by the applicant and City staff prior to permit. The Planning Commission requires that the final X-section design include on -street parking as conceptually shown on the site plan. 12. The plan shall be modified to eliminate the note that states "shared parking spaces represent parking for 100 Dorset Street." 13. The zoning/building permit shall. be obtained within 5 months or this approval is null and void. Chairmah or;,Clefk South Burlington Planning Commission