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HomeMy WebLinkAboutSD-92-0001 - Decision - 1175 Shelburne RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Gerald Milot and John Larkin to amend the layout of the residential portion of a planned commercial development consisting of 150 residential units, a 61 room hotel, 20,000 square foot movie theater (1,000 seats), 22,000 square feet of retail use, and a 3,100 square foot fast-food restaurant with drive -through, 1175 Shelburne Road. On the 29th of September, 1992 the South Burlington Planning Commission approved the request of Gerald Milot and John Larkin for revised final plat approval under Section 204 the South Burlington Subdivision Regulations based on the following findings: 1. This project consist of the reduction in the number of multi- family buildings from seven (7) to five (5). The number of dwelling units will remain at 150. The applicant received a conditional use permit from the Zoning Board of Adjustment on 9/14/92. 2. This property located in the rear of the L&M Park site is within the Cl zone. It is bounded on the north by undeveloped lands owned by Pomerleau, on the east by an auto dealership and the commercial portion of L&M Park, on the south by undeveloped land owned by Farrell and on the west by railroad tracks owned by Vermont Railway. 3. Access/circulation: Access will be via a private drive off from Fayette Road. This access will be approximately 40 feet closer to the cul-de-sac than the previously approved access. The access drive will have a 110 foot long island separating ingress and egress traffic. Circulation of traffic on the site is acceptable. 4. Coverage/setbacks: Building coverage for the residential portion will decrease from 6% to 4.3% (maximum allowed is 20%). Overall coverage will decrease from 22% to 14.5% (maximum allowed is 40%). Setback requirements will be met. 5. Parking: The residential portion requires a total of 338 parking spaces, eight (8) spaces of which must be handicapped spaces. The plan shows a total of 338 spaces (125 spaces underneath the buildings and 213 spaces above ground) including 11 handicapped spaces. 6. Sewer: The number of bedrooms is being reduced from 350 to 260. This results in sewer allocation being reduced from 52,500 gpd to 39,000 gpd. The commercial portion requires an allocation of 10,528 gpd and the residential portion 39,000 gpd for a total allocation of 49,528 gpd. There is currently sufficient reserve capacity at the Bartlett Bay Treatment facility for the entire 49,528 gpd. 7. Landscaping: The minimum landscaping requirement for the entire project (commercial and residential) is $107,500 which is being met. The total street tree value is $15,560 for a total landscaping value of $123,060. 8. Traffic: The original approval for L&M Park limited the P.M. peak hour trip generation to 623 vehicle trip ends (vte's) per hour. The last revision (McDonald's) reduced estimated trip generation to 566 vte's. Since the number of residential units will not change, estimated trip generation will also not change. 9. Lighting: Exterior lighting for the residential portion will consists of two (2) double luminaries and 22 single luminaries mounted on 20 foot poles. Each luminaire will contain a 150 watt high pressure sodium lamp with a cut-off type design. 10. Dumpster: The plan shows four (4) dumpsters with four (4) foot enclosures. 11. Building Height: Typical building elevations indicate that the buildings will be 43 feet in height measured from the average preconstruction grade. The maximum height allowed for a pitched roof structure is 40 feet unless the Planning Commission approves an increase in height up to 45 feet if the structure meets the requirements of Section 18.112b. of the zoning regulations. 12. Water easement: The plans should show the water line easement recently granted to J.W.J. Realty for the new Saturn dealership. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Gerald Milot and John Larkin to amend the layout of the residential portion of a planned commercial development consisting of 150 residential units, a 61 room hotel, 20,000 square foot movie theater (1,000 seats), 22,000 square feet of retail use, and a 3,100 square foot fast-food restaurant with drive -through, as depicted on a 13 page set of plans, page one entitled "L&M Park, South Burlington, Vermont", prepared by FitzPatrick-Llewellyn, Inc. and dated June, 1990, last revised 9/18/92, with the following stipulations: 1. All stipulations contained in previous approvals which are not superseded by the approval shall remain in effect. 2. The additional sewer allocation granted for the entire project shall be lowered to 49,528 g.p.d. A credit for the existing hotel/apartments units is granted. The 49,528 g.p.d. assumes 39,000 g.p.d. for the residential portion and 10,528 for the commercial portion (i.e., 19,128 g.p.d. total - 8,600 g.p.d. credit = 10,528 g.p.d.). The applicant shall pay the required sewer allocation fee prior to permit. 3. The required per unit recreation fee shall be paid prior to issuance of a zoning/building permit. 4. "No Parking" signs shall be installed along the aisles in front of the buildings. 5. The applicant shall post a $123,000, 3-year bond to cover landscaping of the entire project. This includes $15,560 for street trees (public r.o.w.) and $107,500 for site landscaping. 6. The plans shall be revised prior to permit and prior to recording to show the waterline easement recently granted to J.W.J. Realty. 7. The Planning Commission approves a maximum building height of 45 feet for the residential structures as shown on the plan entitled "L&M Park Condominiums, Typical Building", prepared by Greg Rabideau, Architect, and dated received 9/21/92. It is the Commission's opinion that a 45 foot high building height as shown on the referenced plan adequately satisfies the criteria of Sections 18.112(b) (i) - (iii) contained within the South Burlington Zoning Regulations. Prior to issuance of a zoning/building permit for each building, the applicant shall submit building elevations to assure that the height of the building will not exceed 45 feet. B. The declaration of condominium or other similar legal document shall include a provision which adequately protects wetlands on the site and prohibits any disturbance to the wetlands. The declaration or other legal document shall be approved by the City Attorney prior to the sale of any units. 9. The plan shall be revised prior to permit to indicate that there will be two handicapped spaces per building provided in the underground parking lot. 10. The plans shall be revised to correctly indicate in the notes that 5 residential buildings are proposed. 11. The revised plat plans shall be recorded in the South Burlington Land records within 90 days or this approval is null and void. The final plat plans shall be signed by the Planning Commission Chairman or Clerk prior to recording. Chairm n o-i6 Clerk South Burlington Planning Commission o% Z ate