HomeMy WebLinkAboutSD-93-0000 - Decision - 1175 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of John Larkin and Gerald Milot
to amend the L&M Park planned commercial development which consists
of 150 residential units, a 61 room hotel, 20,000 square foot movie
theater (1,000 seats), 22,000 square feet of retail use, a 3100
square foot fast-food restaurant with drive -through, and a bank
with drive -through as follows: 1) revise the building sizes and
parking layout of the residential portion of the development, and
2) subdivide the project to create separate parcels for the
residential and commercial portions of the development, 1175
Shelburne Road.
On the 23rd of March, 1993 the South Burlington Planning Commission
approved the request of Gerald Milot and John Larkin for a revised
final plat under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of an amendment to the PCD to create a
two ( 2 ) lot subdivision of the 33.53 acre lot into a 22.65 acre lot
for the residential portion of the development and an 10.87 acre
lot for the commercial portion. Also included with this
application are minor parking and circulation changes for the
multi -family buildings and larger footprints for these buildings.
The Planning Commission reviewed the sketch plan for this proposal
on 1/26/93.
2. This entire property is involved in the PCD and eventually when
the road is accepted by the City and this subdivision is approved
there will be a total of four ( 4 ) lots. In the future when one (1)
of these lots is proposed for development or for an amendment, the
entire PCD will have to be reviewed, not just the lot under
development. A "Notice of Condition" should be recorded that
legally ties all these lots under one (1) PCD for all planning,
zoning and subdivision purposes.
3. Lot size/layout: The minimum lot size in this district is
40,000 square feet for the commercial lots and 21.4 acres for the
residential lot.
4. The Planning Commission can modify setbacks and frontage
requirements under Section 11.507b. Coverage, minimum lot size and
density can not be modified. This particular development is more
complex than most because of the mixture of residential and
commercial.
5. The entire parcel is 33.53 acres and to satisfy density
requirements at least 21.4 acres (7 units per acre divided by 150
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units = 21.4) must be allocated to the residential portion. This
leaves 10.04 acres for the commercial portion.
6. The maximum building coverage and lot coverage for residential
uses in this zone is 20% and 40%, respectively. At 20% maximum
building coverage, 21.4 acres allows a maximum of 186,437 square
feet of building footprint. At 40% maximum lot coverage, 372,874
square feet of overall coverage is allowed.
7. The maximum building coverage and lot coverage for commercial
uses in this zone is 30% and 70% , respectively. At 30% maximum
building coverage, 10.4 acres allows a maximum of 135,907 square
feet of building footprint. At 70% maximum lot coverage, 317,116
square feet of overall coverage is allowed. The above calculations
do not include the area of the future City street.
8. The land area which must remain with the residential complex is
21.4 acres. Once Fayette Road is accepted by the City, the
residential area will consist of two (2) lots, lot A located
westerly of the street and lot B located on the easterly side as
shown on the survey plat. A "Notice of Condition" should be
recorded that ties lots A and B together and prevents any
development of lot B.
9. Lots A and B do not provide enough acreage to meet the 21.4
acre minimum. Staff recommended that the 100 foot strip along the
westerly boundary previously required to be dedicated to the City
for the Southern Connector be included in parcel A and not be
dedicated to the City. This will result in the residential complex
having 21.93 acres. In its place the applicant should provide a 20
foot easement for a recreation path/bikeway with a notation that
the exact location of the easement is to be determined during the
path's design stage. The inclusion of this land into the
residential portion is the only way the minimum lot size of 21.4
acres can be met.
10. Coverage/setbacks: Commercial portion: Building coverage is
65,300 square feet (maximum allowed is 125,453 square feet).
Overall coverage is 253,550 (maximum allowed is 292,723 square
feet). Residential portion: Building coverage is 42,880 square
feet (maximum allowed is 191,054 square feet). Overall coverage is
125,340 (maximum allowed is 382,108 square feet). The above
maximums are based on the residential lot being 21.93 acres and the
commercial portion being 9.49 acres. Setback requirements from the
new boundary line will be met.
11. Parking: A total of 338 parking spaces are required for the
residential portion and 342 spaces are being provided. The plan
shows two (2) handicapped spaces underneath each building as
required by the Planning Commission. The parking area south of
building 2 was revised since the sketch plan to eliminate
encroachment into the CO zone.
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12. Lot configuration: The northern most portion of the
commercial lot is a strip of land which varies in width from 15 to
20 feet for a length of 340 feet. There is no reason for this lot
having such an odd shape. This strip should be made a portion of
the residential lot and the commercial lot squared off.
13. Access/circulation: The access to the underground parking for
building #2 has been changed. The access was previously located at
the north end of the building. It is now located at the south end
of the building.
Circulation is still adequate.
14. Sewer: A sewer allocation of 55,000 g.p.d. is needed for this
project. The applicant should revise the allocation obtained from
the State so that it is consistent with the City's allocation.
15. Other:
--- parking lot layout south of building 2 is shown differently on
sheets 11 and 15 than shown on sheet 3, all sheets should show
the same layout.
--- the survey plat should show the new water line easement to
J.W.J. Realty.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of John
Larkin and Gerry Milot to amend the L&M Park planned commercial
development which consists of 150 residential units, a 61 room
hotel, 20,000 square foot movie theater (1,000 seats), 22,000
square feet of retail use, a 3,100 square foot fast-food restaurant
with drive through, and a bank with drive through, as follows: 1)
revise the building sizes and parking layout of the residential
portion of the development, and 2) subdivide the project to create
separate parcels for the residential and commercial portions of the
development, as depicted on a sixteen (16) page set of plans
entitled "L&M Park, Overall Site Plan", prepared by Fitzpatrick -
Llewellyn, Inc. and dated 6/90, last revised 2/12/93, and as
depicted on a survey plat entitled "L&M Park, Proposed Subdivision
Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated 12/90,
last revised 3/4/93, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. 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.
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3. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which legally ties
lots A and B together as one lot and prevents any development of
lot B.
4. Prior to issuance of any zoning/building permits for this
development, the applicant shall submit legal documents for the
recreation path easement to the City Attorney for approval. The
legal documents shall be recorded in the land records prior to
permit issuance. Any existing legal documents shall be revised to
eliminate the proposed 100 foot wide r.o.w. along the western
boundary of the project. The revised documents shall be approved
by the City Attorney and recorded in the land records prior to
issuance of any zoning/building permits.
5. The plans shall be revised prior to recording to show the
following:
a) the 100 foot wide r.o.w. along the western boundary of the
project shall be eliminated and instead show a 20 foot wide
recreation path easement (exact location to be determined by
City at later date).
b) proposed parking layout for residential units shall be
consistent on all plan sheets.
c) the survey plat must show water line easement serving the
J.W.J. Realty property to the north.
6. The Planning Commission grants a total new sewer allocation of
55,000 gpd for this development. This assumes a credit for the
existing hotel (i.e., Larkin Terrace) and bank. Applicant will
revise their awarded allocation from the state so that it is
consistent with the City's granted allocation of 55,000 gpd.
7. The final plat plans (including survey plat) 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.
Chairman or Clerk
South Burlington Planning Commission
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Date
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