HomeMy WebLinkAboutSD-93-0001 - Decision - 0520 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of David M. Farrell and Stuart
H. McConaughy, Trustees, Thomas A. Farrell, Donor; Farrell
Corporation; and David Farrell for a planned commercial development
consisting of a new 2,260 square foot bank with drive -through
service, existing car wash, existing office building, existing
restaurant/bar building, and leased parking for the adjoining Ben
Franklin business, O'Dell Parkway.
On the 29th of June, 1993 the South Burlington Planning Commission
approved the request of David Farrell and Stuart McConaughy,
Trustees, Thomas Farrell, Donor; Farrell Corporation; and David M.
Farrell for site plan review under Section 19.10 of the South
Burlington Zoning Regulations and final plat approval under Section
204 of the South Burlington Subdivision Regulations based on the
following findings:
1. This project consists of the construction of a 2260 square foot
drive -up bank facility with three (3) drive -up lanes on a lot which
includes Bambino's, WVNY-TV station and Seaway Car Wash. This
project is considered a PCD because it involves three (3) lots and
four (4) buildings. A drive-in bank is permitted only as part of
a PCD. The preliminary plat was approved on 4/27/93.
2. This project is located in both the Cl and C2 Districts. It is
bounded on the west by Shelburne Road, on the south by the Factory
Outlet Mall and undeveloped property, on the east by Farrell Street
and on the north by Twin Oaks fitness center, seven (7) single
family residences on Hadley Road, an apartment building and an auto
service station.
3. Access/circulation: Access to the property is via a 40 foot
curb cut on Shelburne Road for O'Dell Parkway (a private r.o.w.),
Bacon Street (a 50 foot private r.o.w.), two (2) access drives to
the Factory Outlet Mall and a 60 foot r.o.w. which is 520 feet long
extending from Farrell Street to the project site.
4. The main access (O'Dell Parkway) is now shown as a future City
street and will be constructed to City standards from Shelburne
Road to Bambino's. The easterly portion of the street from
Bambino's to Farrell Street will cross land owned by New
Enterprises, Inc. This portion of the street will not be
constructed at this time. An "Irrevocable Offer of Dedication"
must be submitted prior to recording of final plat and reviewed by
the City Attorney from both the applicant and New Enterprises, Inc.
5. A temporary turn -around is to be installed at the end of O'Dell
Parkway prior to City acceptance of the roadway.
6. Coverage/setbacks: Building coverage is 11.6.E (maximum
allowed is 30%). Overall coverage is 52.5% (maximum allowed is
70%). Front yard coverage of 30% will be met on the north side of
O'Dell Parkway east of Bambino's. Front yard coverage in front of
and west of Bambino's is not met. This is a pre-existing
nonconforming situation.
7. The new bank building will meet the setback requirements. All
other existing buildings will meet the setback from the O'Dell
Parkway r.o.w.
8. Landscaping: The minimum landscaping requirement for the site
is $9,900 ($4,500 for Ben Franklin and $5,400 for the bank) and is
being met. Plantings proposed include Flowering Almond,
Littleleaf Linden, Red Oak and Andorra Juniper. The landscaping
plan proposes a 4' - 5' high berm with an assortment of plant
species including 8' cedar. 8' hemlock, 12' red pine, and willows.
The plans also propose a 2' berm north of the parking lot behind
Bambino's. The 8' stockade fence will sit on top of this berm and
should adequately block headlight glare from Hadley Road
residences.
9. Parking: The entire site requires a total of 357 parking
spaces and only 283 spaces are being provided. This is a shortfall
of 74 spaces or 21%. A "future parking" area is proposed at the
easterly end of the site which contains 98 parking spaces.
Additional parking spaces have been added near the Seaway Car Wash
as requested by the Planning Commission.
10. Bikepath: The plans show an eight (8) foot wide bikelane
along the south side of O'Dell Parkway. This bikelane will connect
to the Phase III bikepath which will be constructed in the next 2-3
years.
11. Lighting: Street lighting will consist of eight (8) 150 watt
high pressure sodium lamps with cutoff luminaires on 25 foot poles.
These are the type maintained by Green Mountain Power.
12. The site lighting has been changed since preliminary approval.
The poles have been reduced in height and the lamps reduced in
wattage. Site lighting will not consist of the following:
--- eight (8) 14 foot poles each with two (2) 175 watt metal
halide lamps with cutoff luminaires.
--- five (5) 14 foot poles each with two (2) 175 watt metal halide
lamps with cutoff luminaires
--- two (2) 16 foot poles each with two (2) 175 watt metal halide
lamps with cutoff luminaries.
--- eight (8) 16 foot poles each with one (1) 175 watt metal
halide lamp with cutoff luminarie.
13. The new bank lighting will consist of soffit lighting with no
glare effects. Lighting at Ben Franklin will not change. Two (2)
nonshielded lights at Bambino's will be changed to the shielded
type. All existing lighting should be appropriately shielded and
directed so as not to cast light beyond the property lines.
14. Traffic: A traffic study dated 4/9/93 and an addendum dated
4/14/93 were submitted. The applicant was encouraged to reevaluate
the analysis to see if there was a way to improve estimated LOS for
the north and south approaches of the O'Dell Parkway/Shelburne
Street intersection so as not to exceed LOS "D". The reevaluation
is contained in the addendum dated 4/14/93.
15. According to the new study, LOS could be improved so that the
north and south approaches do not fall below "D". In addition, it
appears that proposed queue lengths are improved as compared to
those estimated in the 4/9/93 study. These improved results are
realized by incorporating a protected -permitted operation for
Shelburne Street left -turns rather than only a protected operation.
16. The implementation of the following improvements at the
Shelburne Street/Home Avenue/O'Dell Parkway intersection will
minimize traffic impacts resulting from this development: 1)
retime the signal phasing, and 2) install a longer left -turn
stacking lane for the south -bound approach. These improvements
should be implemented in accordance with the recommendations
contained in the traffic impact analysis submitted by the applicant
and should be coordinated with the City of Burlington.
17. A letter dated 6/21/93 to City Planner Joe Weith from Norman
Baldwin, Traffic Division Head for the City of Burlington. This
letter indicates that the proposed modifications are reasonable and
can be accommodated.
18. Notice of Condition: Prior to recording the final plat plans,
a "Notice of Condition" should be recorded in the land records
which identifies this entire development as a planned commercial
development (PCD) and which legally ties all the lots in this
development into one PCD for all planning, zoning and subdivision
purposes.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the Final Plat application of David Farrell
and Stuart McConaughy, Trustees, Thomas Farrell, Donor; Farrell
Corporation; and David Farrell for a planned commercial development
consisting of a new 2,260 square foot bank with drive -through
service, existing car wash, existing office building, existing
restaurant/bar building, and leased parking for the adjoining Ben
Franklin business as depicted on a eleven (11) page set of plans,
page one entitled "Property Plan, O'Dell Park PCD", prepared by
Civil Engineering Associates, Inc. and dated 2/93, last revised
4/1/93 with the following stipulations:
1. Any previous approvals and stipulations affecting the subject
property which are not superseded by this approval shall remain in
effect.
2. All proposed and existing exterior site lighting shall be
appropriately shielded so as not to cast light beyond the property
line. Any change in existing lighting or new lighting shall be
approved by the City Planner prior to installation.
3. Prior to issuance of a zoning/building permit, the applicant
shall post a landscape bond to cover the installation cost and
value of proposed street trees and site landscaping. A $45,000
bond shall be posted for the site landscaping and a $9, 400 bond for
the street trees. The bonds shall remain in effect for three (3)
years to assure that the planted landscaping has taken root and
has a good chance of surviving.
4. Legal documents for the proposed public street r.o.w. (i.e.,
irrevocable offer of dedication) and easements (e.g., drainage
easement) shall be submitted to the City Attorney for approval and
shall be recorded in the South Burlington Land Records prior to
issuance of zoning/building permit for the new bank building.
5. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which identifies
this entire development as a planned commercial development (PCD)
and which legally ties all the lots in this development into one
PCD for all planning, zoning and subdivision purposes.
6. A bond for all improvements within the future street r.o.w.
(i.e., street construction, sidewalks, storm sewer, etc.) shall be
posted prior to issuance of a zoning/building permit. The amount
of the bond shall be approved by the City Engineer.
7. The applicant shall be responsible for maintaining the new
street until such time as the street and r.o.w. is accepted and
taken over by the City.
8. The Commission approved a sewer allocation of 120 gpd for the
new bank building. The applicant shall pay the required sewer
allocation fee prior to issuance of a zoning/building permit.
9. Prior to issuance of a zoning/building permit, the applicant
shall contribute $4,416 to the Shelburne Road Intersection
Improvement Fund based on the 172 additional peak hour trip ends
estimated to be generated by this development.
10. In accordance with Section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
within the future public street r.o.w. (i.e., streets, water, sewer
and storm drain lines, sidewalks, etc.), the developer shall submit
to the City Engineer "as -built" construction drawings certified by
a registered engineer.
11. The applicant shall be responsible for implementing the
following improvements at the Shelburne Street/Home Avenue/O'Dell
Parkway intersection: 1) retime the signal phasing, and 2)
install a longer left -turn stacking lane for phasing, and 2)
install a longer left -turn stacking lane for the southbound
approach. The improvements shall be implemented in accordance with
the recommendations contained in the traffic impact analysis
submitted by the applicant and shall be coordinated with the City
of Burlington. The improvements shall be implemented prior to or
within a reasonable time following occupancy of the building.
12. The final plat plans shall be recorded in the South Burlington
Land Records within 90 days or this approval is null and void. The
plans shall be signed by the Planning Commission Chair or Clerk
prior to recording.
13. The applicant shall obtain a certificate of occupancy permit
from the Administrative Officer prior to occupancy of the building.
Chairma Cl k
South Burlington Planning Commission
Date