HomeMy WebLinkAboutSD-91-0000 - Decision - 0175 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 for construction of a planned commercial development con-
sisting of 150 multi -family residential units, a 60 room hotel,
20,000 square foot movie theater (1,000 seats) and 40,000 square
feet of retail use, 1175 Shelburne Road.
On the 25t.h of. June 1991, the South Burlington Planning Commis-
sion approved the request of John Larkin and Gerald Milot for
approval of a Revised Final Plat under Section 204 of the South
Burlington Subdivision Regulations based on the following find-
ings:
1. The amendment to this project consists of substituting a
20,000 square foot 1,000 seat nine (9) screen movie theater for
the 60,000 square foot office buildings, the redesigning of the
40,000 square foot retail building from two (2) buildings con-
nected by an overhead walkway to one (1) building and increasing
the size of the hotel from 40 rooms to 60 rooms by leaving intact
a 20 room structure which was previously proposed to be razed.
There are no changes to the residential portion of the project.
The Final Plat was approved on December 11, 1990.
2. Access: Access to the project from Shelburne Road has not
changed. An access change from the proposed Fayette Road in-
cludes the elimination of the access to the underground parking
area for the former office building.
3. Access to the proposed theater parking area will remain via a
curb -cut and driveway located within the proposed 60 foot r.o.w.
connection to the Farrell Property to the south. This access was
moved seventy (70) feet to the west from the original proposed
connection. The 60 foot r.o.w. is proposed in front of the
theater.
4. Landscaping: Minor revisions have been made to the
landscaping plan and this plan still meets the minimum lands
aping requirement of $107,500. One (1) additional street tree
has been added for a total street tree value of $14,000. There-
fore, the total landscaping value is $121;-500.
5. Coverage/setbacks: Building coverage is 8.4% (maximum al-
lowed is 30%). Overall is 34.3% (maximum allowed is 70%). The
setbacks from the retail building have not changed. The proposed
theater is 20 feet from the Fayette Road r.o.w. while the previ-
ously proposed office building was to be only 10 feet from the
r.o.w. the 20 unit motel building will be 15 feet from the
r.o.w.
The site design does well in screening parking areas from Shel-
burne Road.
6. Sewer: A sewer allocation of 58,060 g.p.d. is now required.
This number reflects the change from an office building to a
theater, 20 additional rooms in the hotel and a credit for the
existing hotel sewer usage which was not given as part of the
December 11, 1990 approval. This new total assumes 52,500 g.p.d.
for the residential portion and 5,560 for the commercial portion.
Due to limited sewer capacity at the Bartlett Bay Treatment
facility, only a portion is available at this time. This project
will remain on a waiting list for the remaining gallonage until
such time as sufficient capacity is available. This amount will
remain as #1 on the list.
7. Traffic: The Final Plat approval granted on December 11,
1990 stipulated that this project is approved for a maximum peak
hour trip end generation of 623 trips. This number did not.
include the trips generated by the existing hotel which was to
have only 40 rooms. The trip generation for the amended plan is
as follows:
150 2 bedroom units 99 trip ends
40,000 square foot retail 366 trip ends
1,000 seat theater 104 trip ends
Total 569 trip ends
This total represents 54 trip ends less than was permitted under
the December 11, 1990 approval. This number does not include the
trips generated by the existing hotel which is now to have 60
rooms.
8. Parking/Circulation: The proposed commercial uses which are
part of this application include the bank, 60 room hotel and
theater which require a total of 408 parking spaces. The pro-
posed retail building is being shown on the plat conceptually
with regards to parking. The Planning Commission will review the
parking for the retail building prior to its construction. The
plat shows a total of 471 spaces which is adequate for the pro-
posed uses.
The redesign of the retail building results in a greater amount
of parking visible from Fayette Road as opposed to the previous
plan in which much of the parking was hidden by the building.
Circulation pattern through the site is acceptable.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Plan-
ning Commission approves the revised final plat application of
John Larkin and Gerald Milot for construction of a planned com-
mercial development consisting of 150 multi -family residential
units, a 60-room hotel, 20,000 square foot movie theater (1,000
seats) and 40,000 square feet of retail sue as depicted on a nine
(9) page set of plans, page one entitled "L&M Park, Overall Site
Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated June
1990, last revised. 6/18/91 with the following stipulations:
1. All stipulations contained in the 12/11/90 approval which are
not superseded by this approval shall remain in effect.
2. The applicant shall post a $121,500, 3-year landscaping bond
prior to permit. This includes $14,000 for street trees (public
r.o.w and $107,500 for site landscaping.
3. A sewer allocation of 58)060 gpd is granted. This includes a
8,600 gpd credit for the existing hotel units. The 58,060 gpd
assumes 52,500 gpd for the residential portion and 5,560 gpd for
the commercial portion. Due to limited sewer capacity at the
Bartlett Bay Treatment facility, only 51,552 gpd shall be consid-
ered reserved capacity as approved on 12/11/90. The remaining
6,508 shall be placed as #1 on a waiting list until such time as
sufficient capacity is available as determined by the City Plan-
ner.
4. It is anticipated that the project will generate 569 peak
hour trip ends. This trip generation fits within the 623 peak
hour trip ends limit established by the Commission with the
12/11/90 approval.
5. The revised final plat shall be revised prior to recording to
show the following:
a) More landscaping including shrubbery and /or low berms along
parking areas fronting Fayette Road to better screen parking lots
from public r.o.w. This shall be approved by the City Planner.
6. Based on the expressed representation of the applicant, at
such time as the 60 foot r.o.w. connection to the Farrell proper-
ty is opened as a public road, two of the four parking lot curb
nuts on the east side of -the r.o.w. shall be closed and parking
lot circulation revised to accommodate the reduced curb cuts.
7. The revised final plat shall be signed by the Planning Com-
mission Chairman or Clerk and recorded in the South Burlington
land records within 90 days or this approval is null and void.
Chairman or -'Clerk
South Burlington Planning Commission