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Home My WebLink AboutSP-92-0000 - Decision - 1175 Shelburne Road (2)FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Finding of Fact, application of John Larkin and Gerald Milot for construction of a planned commercial development consisting of 150 multi -family 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 (original application for this amendment was for a 28,800 square foot retail building with 40 motel units on the second floor and a 5,000 square foot fast-food restaurant with drive -through), 1175 Shelburne Road. On the 3rd of March, 1992 the South Burlington Planning Commis- sion approved the request of John Larkin and Gerald Milot for site plan review under Section 19.10 of the South Burlington Zoning Regulations and revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This amendment consists of reducing the size of the previously approved retail building from 40,000 square feet to 22,000 square feet, move this building to the west, add a 3,100 square foot fast food restaurant (95 interior seats and 20 out- door seats) with a drive -through and adding one (1) unit to the existing 60 unit motel. 2. Access/Circulation: Access to the project from Shelburne Road has not changed. The easterly curb cut serving the retail building and restaurant on Fayette Road has been moved approxi- mately 27 feet to the west since the latest approval and as a result is no longer opposite the curb cut serving Larkin Terrace. Circulation throughout the site is acceptable. 3. Coverage/setbacks: Building coverage is 17% (maximum al- lowed is 30%). Overall coverage is 65% (maximum allowed is 70%). Front yard coverage along Shelburne Road for the north lot is 5.8% (maximum allowed is 30%). Front yard coverage along Shelburne Road for the south lot is 0% (maximum allowed is 30%). The proposed restaurant building and retail building meet the setback requirements. 4. Traffic: The original approval for L&M Park limited the P.M. peak hour trip generation to 623 vehicle trips ends (vte's) per hour. This revised proposal will generate 566 vte's during the P.M. peak hour. This current proposal represents 57 vte's or 9.1% less than originally permitted. 1 A traffic signal warrant analysis was performed for Phase I of the project by the applicant. It was determined that a traffic signal will be warranted upon completion of this phase. 5. Lighting: No change. 6. Parking: The commercial portion of this project requires a total of 592 parking spaces by standard. The plan submitted shows a total of 465 spaces, 65 of which will be covered and located on the first level of the retail building. A total of nine (9) handicapped parking spaces are required and the plan shows a total of 13 handicapped spaces. Utilizing the formulas in the ULI Shared Parking Manual to reflect the reduced size of the retail and restaurant building, the total peak parking demand is now 465 spaces. This is the same number of spaces being provided. Notes #9 and #10 on sheet 1 of 16 indicate that 466 parking spaces are being provided. Only 465 spaces are shown. 7. Landscaping: Revisions were made to the landscaping plan and this plan still meets the minimum landscaping requirement for the entire L&M Park development. The total street tree value is $16,040 for a total landscaping value of $123,540. Additional plantings and a four(4) foot wall have been added along the front of the restaurant building between it and the bank property to screen the parking area from Shelburne Road. Additional plantings have also been added along Fayette Road to screen the parking lot from this street. The landscaping plan shows more Red Maples, Honey Locusts and Radiant Crabapples than is listed in the planting schedule. 8. Sewer: A sewer allocation of 63,028 gpd is now required. This is 4,968 gpd more than was allocated at the 6/25/91 approv- al. This new total assumes 52,500 gpd for the residential por- tion and 10,528 gpd for the commercial portion. The restaurant allocation is based on 95 interior seats and 20 outdoor seats. Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 gpd can be considsered reserved capacity as approved on 12/11/90. The remaining 11,476 gpd must be placed on the waiting list until such time as sufficient capacity is avail- able as determined by the City Planner. Of the remaining 11,476 gpd, 6,508 must remain as #1 on the waiting list as approved on 6/25/91 and 4,968 gpd must be placed as #5 on the waiting list. K DECISION & CONDITIONS Based on the above Findings, the Planning Commission approves the revised final plat application of John Larkin and Gerald Milot for construction of a planned commercial development consisting of 150 multi -family residential units, a 61 room hotel, 20,000 square foot movie theater (1000 seats), 22,000 square feet of retail use, and a 3,100 square foot fast-food restaurant with drive -through, as depicted on a sixteen (16) page set of plans, page one entitled, "L&M Park, South Burlington, Vermont, Overall Site Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated June, 1990, last revised 1/30/92, with the following stipula- tions: 1. All stipulations contained in previous approvals which are not superseded by this approval shall remain in effect. 2. This approval is conditioned on a maximum seating capacity for the fast-food restaurant of 95 interior seats and 20 exterior seats. 3. An additional sewer allocation of 63,028 gpd is granted for the entire project. A credit of 8,600 gpd for the existing hotel/apartment units is granted. The 63,028 gpd assumes 52,500 gpd for the residential portion and 10,528 gpd for the commercial portion (i.e., 19,128 gpd total - 8,600 gpd credit = 10,528 gpd). Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 gpd shall be considered reserved capacity as approved on 12/11/90. The remaining 11,476 gpd shall be placed on the waiting list until such time as sufficient capacity is available as determined by the City Planner. Of the remaining 11,476 gpd, 6,508 gpd shall remain as #1 on the waiting list as approved on 6/25/91 and 4,968 gpd shall be placed as #5 on the waiting list. 4. It is anticipated that the project will generate 566 peak hour trip ends. This trip generation fits within the 623 peak hour trip end limit established by the Commission with the 12/11/90 approval. 5. The Commission approves a total of 465 parking spaces to serve the commercial portion of the project. This represents a waiver of 127 spaces, or 21.5% from the 592 spaces required by standard. It is the Commission's opinion that 465 spaces will adequately serve the development due to shared parking opportuni- ties. 6. The plans shall be revised prior to recording to address the following: a) Notes #9 and #10 on sheet 1 of 16 shall be revised to indi- cate 465 spaces to be provided, not 466. 3 ( b) The landscaping plan and schedule shall be revised so that they are consistent in terms of numbers of plantings to be in- stalled. 7. The South Burlington Zoning Regulations permit planned unit developments (PUD) including planned commercial developments (PCD) in order to encourage innovation in design (Sections 11.50 and 19.15) and require that PUD's and PCD's consider aesthetic compatibility with existing buildings and site characteristics (Section 19.151(g)). In an effort to determine compliance with these criteria, the Planning Commission required the applicant to submit, for review and approval building elevations for the retail building and fast-food restaurant building. The Planning Commission approves as a component of this application the two (2) page set of building elevation and floor plans entitled "McDonald's Corporation, Series 2000 Plus Building," drawn by JMH and dated received 2/25/92, and the three page set of plans entitled "L&M Park Retail Building" prepared by Gregory T. Rabi- deau and dated 3/3/92. In addition, based upon the expressed representation of the applicant, the exterior of the structures shall be constructed of warm gray wood clapboard, warm fiberglass shingle roof (slate colored) and white trim. Any change shall require approval of the South Burlington Planning Commission. 8. Prior to occupancy of either the fast-food restaurant or retail building, the proposed traffic signal on Shelburne Road shall be installed. In addition, the applicant shall be respon- sible for properly timing the signal and synchronize all traffic lights from I-189 to Allen Road. Prior to installation of the new signal and synchronizing of all signals, the applicant shall submit a letter to the planner from VAOT which indicates approval of the signal installation and synchronization improvements. 9. The revised final plat shall be signed by the Planning Commis- sion Chairman or Clerk and recorded in the South Burlington land records within 90 days or this approval is null and void. I Chairman or Clerk, South Burlington Planning Commission 1f Ll- Date 4