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
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