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HomeMy WebLinkAboutSP-92-0000 - Decision - 0057 0000 Fayette RoadFINDINGS CIF FACT & DECISION STATE OF VERMONT � - 6c)Dd COUNTY OF CHITTENDEN 57- -Z CITY OF SOUTH BURLINGTON Re- Findings of Fact, application of Gerald Milot and John Larkin to amend condition #9 attached to the 12/11/90 final plat approval for the L&M Park planned commercial development, 1175 Shelburne Road. On 'the 19th of November, 1991 the South Burlington Planning Com- mission approved the request of Gerald Milot and John Larkin for an amendment -to the 12/11/90 final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. The applicant is requesting to amend condition #9 of the 12/11/90 approval. for the L&M Park planned commercial development (PCD). The condition requires all intersection improvements on Route 7 to be completed prior to issuance of certificate of occupancy. The proposed improvements include installation of a signal and synchronization of all traffic signals. 2. The Agency of Transportation (AOT) approved the proposed im- provements with the exception of installing the signal. Signal. warrants are not met at this time. 3. A special conditioned attached to the AOT permit includes the following: "In the event -that traffic from this access increases to the point where additional lanes for turning or any other modifications are necessary, the expense of such improvements or facilities shall be borne by the Permit Holder, his/her succes- sors, and assigns. The determination of need for such measures is the responsibility of the Agency of Transportation and will be based upon and justified by standard Agency procedures. The Permit Holder will provide the agency with traffic estimates and actual counts for each significant increase in the size of the development. Signals will not be permitted to operate until sufficient warrants, as determined by the Agency are met." 4. In terms of signal optimization and synchronization, the AOT is not, requiring the applicant to resynchronize the lights on Route 7. When the warrants are met, the applicant will be re- quired to synchronize all lights. 5. According to the signal warrant analysis, a signal will not be warranted until 150 vehicles are exiting the project roadway during the P.M. peak. It is estimated that Larkin -Terrace and -the new theater will generate approximately 80 exiting vehicles during the peak hour. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Plan- ning Commission approves the request of Gerald Milot and John Larkin to amend condition #9 attached to the 12/11/90 final plat approval for the L&M Park planned commercial development on Shelburne Road. Condition #9 shall be amended to read as fol- lows: "Prior to issuance of a certificate of occupancy for any phase of development, the applicant shall complete construction of the southbound deceleration lane on Route 7 and shall install the underground components of the signal system, including the pole cases, conduit, etc. Installation of the signal will not be authorized until warrants are met. At time of application for further phases of development, the applicant shall update the signal warrant analysis. When signal warrants are met, applicant shall be required to instal.]. the traffic signal. In addition, the applicant shall. properly time -the signal and synchronize all traffic lights from 1-189 to Allen Road. Prior to the installa- tion of the signal and synchronization of all signals, the appli- cant shall submit a let -ter to the planner from -the VAOT which indicates approval of the signal installation and synchronization improvements." C'hairmaii o)( "Clerlrt South Burling -ton Planning Commission Date