HomeMy WebLinkAboutSD-99-24 - Decision - 1720 Shelburne Road#SD-99-24
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of John Larkin, Inc. to amend a planned unit development
consisting of a 200 room hotel and restaurant, 1720 Shelburne Road. The amendment consists
of: 1) the construction of a 51,232 square foot 4-story 60 room hotel, and 2) conversion of a
relocated single family dwelling for use as the hotel manager's residence.
On the 251h day of May, 1999, the South Burlington Planning Commission approved the
request of John Larkin, Inc. for revised final plat approval under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This project consists of amending a previously approved planned unit development consisting
of a 200 room hotel and restaurant. The amendment consists of. 1) the construction of a 51,232
square foot 4-story 60 room hotel, and 2) conversion of a relocated single family dwelling for use
as the hotel manager's residence. The preliminary plat was approved on 2/23/99.
2. The record owner of this property is John Larkin, Inc.
3. This property located at 1720 Shelburne Road lies within the C2 and C.O. Districts and the
Bartlett Brook Watershed Protection Overlay District. It is bounded on the north by a motel,
undeveloped property and a City park/natural area, on the east by multi -family units, on the south
by Harbor View Road, and on the west by Shelburne Road.
4. Access/circulation: Access is provided by a 34 foot curb cut on Shelburne Road and a 30 foot
curb cut on Harbor View Road. No changes are proposed.
Circulation on the site is adequate.
5. Dumpsters: The access between this property and the 1700 Shelburne Road property resulted
in the displacement of the dumpster storage area. The new screened dumpster storage area is
shown on the plat. The proposed hotel will use this dumpster storage area.
6. Coverage/setbacks: Building coverage is 10.6% (maximum allowed is 30%). Overall coverage
is 37.9% (maximum allowed is 70%). Front yard coverage is 47.7% (maximum allowed is 30%).
Front yard coverage is an existing situation which will not be made worse by this application.
Setback requirements are met.
7. Parkinp,: On 9/27/94 the Planning Commission approved a total of 247 spaces and an additional
24 spaces to be constructed at a future date if determined to be necessary for the existing 200
room hotel and restaurant. The parking study reviewed on 7/26/94 showed that the highest count
taken was 207 cars. This is 40 spaces or l 6% more than is apparently needed. A total of 66
additional spaces are required for the new hotel and 58 additional spaces including two (2)
handicapped spaces and a bike rack are proposed which represents an eight (8) space or 12.1%
shortfall. The 1700 Shelburne Road motel approval contained a stipulation to waive eight (8)
spaces due to the shared parking with the adjacent What's Your Beef property. The What's Your
Beef property is the property currently being developed.
8. Manager's residence: The applicant is requesting that the manager's residence be treated as an
accessory use to the hotel. The zoning regulations define an accessory use as "a use or structure
on the same lot with, and of a nature customarily incidental and subordinate to the principal use or
structure." The use of a single family dwelling as a manager's residence is not "customarily
incidental" to hotels in Vermont. It is therefore not an accessory use and a single family dwelling
is not a permitted use in this district. The City Attorney concurs with this interpretation.
Applicant must find another use for this structure which is permitted or remove it from the
property.
9. Bartlett Brook Watershed Protection Overlay District (BBW): This property is located within
the BBW District. Section 23.20 of the zoning regulations requires the applicant to submit
information on storm management design to Heindel & Noyes for their evaluation and
recommendation. The plan incorporates the recommendations of Heindel & Noyes.
10. Traffic: A traffic impact study for the project was submitted for preliminary plat review (see
enclosed). The study assumes additional traffic generation from both this 60 room hotel as well
as the recently approved 70 room hotel located just north of "What's Your Beef." The analysis
indicates that this hotel will generate 22 trip ends during the P.M. peak hour. The analysis
concludes: l) the project drive and Harbor View Road will continue to experience long traffic
delays during peak periods, 2) Green Mountain Drive and Allen Road have a modest amount of
reserve capacity that can absorb the increasing project traffic (LOS D), and 3) the Shelburne Road
widening project will correct existing problems.
The applicant submitted an addendum to the traffic study dated March 15, 1999. The applicant
presented data to support the 65% occupancy rate used in the analysis. The project traffic
volumes were also adjusted upward by a factor of 1.05. The applicant stated that this slight
increase does not warrant a new analysis.
11. PUD Report: The applicant submitted a report addressing the PUD criteria for preliminary
plat review under Section 26.151 of the zoning regulations.
12. C.O. District/wetland buffer: There is a 50 foot C.O. District either side of the stream which
runs through this property which is shown on the plans. The only encroachment into this zone is
by stabilizing an existing swale with rip -rap. The Natural Resources Committee reviewed the
plans for this encroachment at their 2/16/99 meeting and had no problems with this proposal. A
statement was submitted from the applicant's wetland expert indicating that the project will not
impact wetlands.
13. Building Height: The proposed building has a flat roof and a height limit under Section
25.113(a) of the zoning regulations of 35 feet from the average preconstruction grade. The
building elevations submitted indicate that the building will exceed the height limit. Preliminary
plat condition #2d required that building elevation plans be revised to show the preconstruction
grade on all sides of the building. This condition has not been met.
14. Lighting_ Exterior lighting will include 100 watt metal halide lamps with downcasting shielded
fixtures mounted on 14 foot poles. Preliminary plat condition #9 required that the applicant
submit details (cut -sheets) for the building mounted lights. This condition has not been met.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the
final plat application of John Larkin, Inc. to amend a planned unit development consisting of a 200
room hotel and restaurant, 1720 Shelburne Road. The amendment consists of constructing a 4-
story, 60 room hotel in a separate building, as depicted on a four (4) page set of plans, page one
(1) entitled, "Overall Site Plan Staybridge Suites Lot 11 at Bartlett Property 1720 Shelburne
Road - Route 7 South Burlington, Vermont", prepared by Krebs & Lansing Consulting
Engineers, Inc., dated February 1999, last revised on 5/13/99, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2. The final plat plans shall be revised to show the changes below and shall require approval of
the Director of Planning & Zoning (hereinafter Director). Four (4) copies of the approved
revised final plat plans shall be submitted to the Director prior to recording.
a) The final plat plans shall be revised to remove the "relocated house" from the plans.
b) The landscape plan (sheet L-1) shall be revised to show 6, 3-1/2 inch caliper street trees
along this property's frontage on Shelburne Road.
c) The final plat plans shall include building elevation plans that show the preconstruction
grade on all sides of the building.
The applicant shall complete the land swap with the City for this property prior to recording the
final plat plans.
4. Prior to issuance of a zoning permit, the applicant shall post a $35,700 landscape bond. The
bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a
good chance of surviving.
5. Pursuant to Section 26.105(a) of the zoning regulations, the Planning Commission grants a
landscaping credit of $5531 for existing trees on the property.
6. The Planning Commission approves a sewer allocation of 5540 gpd (includes 20%) reduction
allowed by State). The applicant shall be required to pay the per gallon fee prior to permit
issuance. There is currently no sewer allocation available at the Bartlett Bay Wastewater
Treatment Facility. The allocation granted shall be placed on a waiting list until such time as the
allocation is available.
No Certificate of Occupancy/Compliance will be issued, and the hotel may not be occupied, until
such time as sewer capacity is available.
7. All exterior lighting shall consist of downcasting shielded fixtures. Any change to approved
lights shall require approval of the Director prior to installation. Details (cut -sheets) of any
building mounted light shall be submitted prior to permit issuance.
8. Prior to recording the final plat plans, the applicant shall provide a legal document approved by
the City Attorney which gives the City an easement for all stormwater pipes that exist on the
property which drain City streets.
9. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Planning Commission estimates that the change in use will generate 22 additional
vehicle trip ends during the P.M. peak hour.
10. Pursuant to Section 25.113(c) of the zoning regulations, the Planning Commission approves a
45 foot high building which represents a 5 foot high waiver. The Commission has determined that
this taller structure:
(i) will not affect adversely the essential character of the neighborhood or district in
which the property is located,
(ii) will not detract from the important scenic views from adjacent public roadways
and other public rights -of -way.
11. The building shall have sprinklers, stand pipes and alarms.
12. The final plat plans (sheets C1, C2 and L-1) shall be recorded in the 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. Prior to recording the final plat plans, the applicant shall submit
a copy of the survey plat in digital format. The format of the digital information shall require
approval of the Director.
, .�11141
Chairman or Clerk
South Burlington Planning Commission
Date