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HomeMy WebLinkAboutSP-94-0000 - Decision - 0057 0000 Fayette RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of L&M Partnership to amend a planned unit development consisting of 150 residential units, a 61 room hotel, a 20,000 square foot movie theater (1,000 seats), a 22,500 square foot restaurant/retail/indoor recreation building, a 3,500 square foot restaurant with drive-thru service, and a bank with a drive-thru service, located on Shelburne Road. The amendment consists of realigning approximately 400 feet of the proposed Fayette Road right-of-way. On the 20th of December, 1994, the South Burlington Planning Commission approved the request of L&M Partnership for revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of the realignment of approximately 400 feet of Fayette Road to line up with the Hannaford Brothers development to the north. The 12/11/90 approval for L&M Park required that the owner of the L&M Park property extend Fayette Road to the northerly property line at the time that the property to the north is developed. Sketch plan was revised on 11/15/94. 2. C.O. District: The relocated road will impact the C.O. zone created by wetland area "C" and a minor stream. This encroachment is allowed under Section 3.502 of the zoning regulations since this relocation is necessary for providing public facilities. The Natural Resources Committee has reviewed these plans and found them acceptable. 3. Residential area: The relocated road will still result in the residential area maintaining at least 21.43 acres which is the minimum necessary to maintain a 7 unit/acre density. The actual area allocated to the residential portion is 21.93 acres. 4. Access: An access drive to the relocated section of road is being proposed. This driveway would access the rear portion of the Chrysler/Plymouth/Saturn property to the east. This access can not be used until the plat for the Chrysler/Plymouth/Saturn property is revised. The subdivision plat should be revised to indicate that final location of the Saturn easement will be determined at a future date. 5. Other: It was the Planning Commission's recommendation that the remaining portion of Fayette Road should be constructed to the north property line upon completion of the portion of Fayette Road on the property to the north. I DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the revised final plat application of L&M Partnership to amend a planned unit development consisting of 150 residential units, a 61 room hotel, a 20,000 square foot movie theater (1,000 seats), a 22,500 square foot restaurant/retail/indoor recreation building, a 3,500 square foot restaurant with drive-thru service, and a bank with drive-thru service, located on Shelburne Road. The amendment consists of realigning approximately 400 feet of the proposed Fayette Road right-of-way, as depicted on a three (3) page set of plans, page one (1) entitled "L&M Park, South Burlington, Vermont, Overall Site Plan", prepared by FitzPatrick-Llewellyn, Inc., dated June, 1990, last revised 12/8/94, 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 prior to recording as follows: a) The subdivision plat shall be revised to indicate that the final location of the Saturn easement will be determined at a further date. 3. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. 4. The remaining portion of Fayette Drive shall be constructed to the north property line upon completion of the portion of Fayette Drive on the property to the north. Chairman or Clerk South Burlington Planning Commission Date 2