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HomeMy WebLinkAboutSD-90-0000 - Decision - 1175 Shelburne Roadr FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Gerald Milot and John Larkin for construction of a planned commercial development con- sisting of 150 multi -family residential units, a 40 room hotel, 60,000 square feet of office space, and 40,000 square feet of retail space, 1175 Shelburne Road. On the llth of December 1990, the South Burlington Planning Commission approved the request of Gerald Milot and John Larkin for Final Plat approval of a Planned Commercial Development under Section 11.50 of the South Burlington Zoning Regulations and Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. Gerald Milot and John Larkin propose to construct a planned commercial development consisting of 150 multi -family residential units, a 40-room hotel, 60,000 square feet of office use,,, and 40,000 square feet of retail use on a 32.6 acre parcel. 2. The parcel is zoned Commercial 1 and is bounded on the east by Shelburne Road, Vermont National Bank and Chrysler -Plymouth dealership, on the north by the 40 acre Pomerleau parcel, on the west by the Central Vermont railroad and on the south by a pri- vate drive owned by Farrell (Inn Road). The Revised Preliminary Plat was approved by the Planning Commission on October 2, 1990. 3. Layout: The plans show the commercial portion of the lot to be in front near Shelburne Road and the residential portion in the rear. A stream and retention pond divides the commercial from the residential portion. Another stream runs east -west between the Chrysler -Plymouth parcel and this parcel. A 100 foot strip is being reserved for the future South Burlington Connec- tor. 4. The plan also shows that the Larkin Terrace parcel along Shelburne Road will be merged with the 30.5 acre parcel and the rear building razed to make room for the new commercial develop- ment. The plan proposes converting the front building to a 40 room hotel. 5. Access/Circulation The project is accessed by a 32 foot wide road within a 60 foot wide r.o.w. from Shelburne Road opposite McIntosh Avenue. The public' road meanders westward through the commercial portion, crosses the stream and heads north for future connection to the Pomerleau parcel. The residential units are proposed to be accessed by a 24 foot wide, looped private road. Circulation for both the commercial and residential portions is adequate. It 6. Landscaping The minimum landscaping requirement for this project is $121,100. This includes $13,600 for street trees (public r.o.w.) and $107,500 for site landscaping. 7. A portion of the proposed parking lot is located in the 50 foot conservation zone along the minor stream along the southern Chrysler -Plymouth property line. 8. Improvements to Route 7 are proposed which include improv- ments to McIntosh/L&M Park/Shelburne Road intersections, synchro- nization of signals along Shelburne Road from Allen Road to I- 189, the closing of the southern access to Vermont National Bank and deceleration lane into the project. 9. The $200 per unit recreation fee would apply to the proposed 150 multi -family residential units. 10. This project requires a sewer allocation of 65,375 gpd. This assumes 52,500 gpd for the residential portion and 12,875 gpd for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 gpd is available at this time. 11. This project will generate 623 peak hour trip ends. The applicant will have to contribute $15,995 to the Shelburne Road Intersection Improvement Fund based on these trip ends. 12. The commercial portion of the project requires 505 parking spaces and only 469 spaces are being proposed. The residential portion of the project requires 338 spaces and 341 spaces are being provided. DECISION & CONDITIONS Based on the above Finding of Fact the Planning Commission ap- proves the Final Plat application of Gerald Milot and John Larkin for construction of a planned commercial development consisting of 150 multi -family residential units, a 40-room hotel, 60,000 square feet of office space and 40,000 square feet of retail space as depicted on a 14 page set of plans, page one entitled "L&M Park, Proposed Subdivision Plan" prepared by Fitzpatrick - Llewellyn, Inc. and dated December, 1990 with the following stipulations: 1. The applicant shall post a $121,100, 3-year landscaping bond prior to permit. This includes $13,600 for street trees (public r.o.w.) and $107,500 for site landscaping. 2. The plan shall be revised prior to recording to show: a. The landscaping plan and schedule on sheets 11 and 12 shall be revised to indicate 465 proposed deciduous/evergreen shrubs as indicated in a note dated 12/5/90 from John Steele of Fitzpat- rick -Llewellyn, Inc. b. The proposed parking lot shall be located outside of the 50 foot conservation zone along the minor stream along the southern Chrysler -Plymouth property line. C. Bus shelter located in front of the proposed hotel in a location recommended by CCTA. The bus shelter shall be main- tained by a landowners association or applicant. 3. The proposed survey plat shall be revised prior to recording to indicate that the 100 foot r.o.w., future connection to Farrell property, and future connection to Pomerleau property will be irrevocable offers of dedication. 4. The areas of land shown on the plat as "subject to agreement" shall be resolved prior to issuance of zoning permits. The applicant shall submit evidence to the City Planner proving that the issues have been resolved and that the project can proceed as approved by the Commission. 5. The sewage pumping station and force main shall be privately owned and maintained. 6. Legal documents for streets, 100 foot right of way along Central Vermont Railroad property line, 60 foot r.o.w. to Farrell property, utilities, easements and shared parking with the Ver- mont National bank shall be submitted to City Attorney for ap- proval prior to permit. 7. Bonds to cover construction of streets, sidewalks, improve- ments to McIntosh/L&M Park/Shelburne Road intersections, synchro- nization of signals along Shelburne Road from Allen Road to I- 189, the closing of the southern access to Vermont National Bank, deceleration lane into the project, and other utilities in an amount to be approved by the City Engineer shall be posted prior to permit. 8. A recreation fee of $30,000 ($200 per unit) shall be posted prior to permit. 9. Prior to permit, the applicant shall submit a letter to the planner from the VAOT approving proposed improvments on Route 7 (i.e., new signal, synchronization of signals from I-189 to Allen Road, deceleration lane). Improvements shall be complete prior to issuance of a certificate of occupancy. 10. A sewer allocation of 65,375 gpd is granted. This assumes 52,500 gpd for the residential portion and 12,875 gpd for the commercial portion. Due to limited sewer'capacity at the Bart- lett Bay Treatment facility, only 51,552 gpd is available at this time. This project will be placed on a waiting list for the remaining 13,823 gpd until such time as sufficient capacity is available as determined by the City Planner. 6,938 gpd shall be placed as #1 on the list and 6,885 gpd shall be #3 on this list. 11. The applicant shall contribute $15,995 to the Shelburne Road Intersection Improvments Fund based on the 623 peak hour trip ends to be generated by this project. 12. This project is approved for 341 residential parking spaces and 469 commercial spaces. This project is also approved for a maximum peak hour trip end generation of 623 trips. As expressed by the applicant, the commercial portion of the project, includ- ing the hotel, is only conceptual at this time. Therefore, prior to issuance of a building permit for any development in the commercial portion of the project, the applicant shall submit a revised final plat to the Planning Commission for approval. Any proposed commercial project shall fit within the 469 total com- mercial parking spaces and 623 maximum peak hour trip end limit (including residential portion) as approved by the Planning Commission. 13. This approval is contingent upon the establishment of a Transportation Management Association (TMA) in accordance with the document entitled "Shelburne Road Corridor Transportation Management Association, Final Draft, August 1990". As expressly represented by the applicant, the applicant shall fund the first 18 months of the proposed Shelburne Road Corridor TMA, As de- fined in the above referenced document the first 18 months re- quires a budget of $50,000. Effective upon District Environmen- tal approval of this project, the applicant shall hire a program coordinator, provide working space within the corridor, and establish an account for the TMA. The applicant shall contribute $30,000 to the TMA by said date and an additional $20,000 one year after that. The proposed bylaws shall be finalized after the hiring of the TMA coordinator. 14. This approval is conditional on a development phasing plan of 75 residential units per year. 15. At the time the Pomerleau property is approved for development the then owner of the subject property shall extend Fayette Road to the northerly property line in accordance with municipal standards and at its own cost and expense. This obli- gation shall run with the land and shall be secured by a mortgage or other lien on the property. In addition, prior to issuance of a zoning permit, the applicant shall post an escrow account to secure further the costs of the future extension of Fayette Road to the Pomerleau property. The amount of escrow shall be deter- mined by the City Engineer. The documents necessary to effect this plan shall be submitted to the City Attorney for approval. 16. The private residential street shall'be fully installed and paved prior to issuance of a certificate of occupancy. 17. Applicant shall submit to the City Planner a list of any changes required by Act 250 prior to issuance of a zoning permit. 18. The storm water retention pond shall remain in private ownership and shall be maintained by a landowner's association. 19. Storm water inlets will be adjusted to grade using precast concrete risers (not bricks and mortar) as manufactured by Gris- wold. 20. The Final Plat shall be signed by the Planning Commission chairman or clerk and recorded in the South Burlington land records within 90 days or this approval is null and void. South Burlington Planning Commission 0