HomeMy WebLinkAboutSP-90-0000 - Decision - 0057 0000 Fayette RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT SP - q C) 060
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Gerald Milot and John
Larkin for construction of a planned commercial development con-
sisting of 150 multi -family residential units, a 40 room hotel,
60,000 square feet of office space, and 40,000 square feet of
retail space, 1175 Shelburne Road.
On the 11th of December 1990, the South Burlington Planning
Commission approved the request of Gerald Milot and John Larkin
for Final Plat approval of a Planned Commercial Development under
Section 11.50 of the South Burlington Zoning Regulations and
Section 204 of the South Burlington Subdivision Regulations based
on the following findings:
1. Gerald Milot and John Larkin propose to construct a planned
commercial development consisting of 150 multi -family residential
units, a 40-room hotel, 60,000 square feet of office use, and
40,000 square feet of retail use on a 32.6 acre parcel.
2. The parcel is zoned Commercial 1 and is bounded on the east
by Shelburne Road, Vermont National Bank and Chrysler -Plymouth
dealership, on the north by the 40 acre Pomerleau parcel, on the
west by the Central Vermont railroad and on the south by a pri-
vate drive owned by Farrell (Inn Road). The Revised Preliminary
Plat was approved by the Planning Commission on October 2, 1990.
3. Layout: The plans show the commercial portion of the lot to
be in front near Shelburne Road and the residential portion in
the rear. A stream and retention pond divides the commercial
from the residential portion. Another stream runs east -west
between the Chrysler -Plymouth parcel and this parcel. A 100 foot
strip is being reserved for the future South Burlington Connec-
tor.
4. The plan also shows that the Larkin Terrace parcel along
Shelburne Road will be merged with the 30.5 acre parcel and the
rear building razed to make room for the new commercial develop-
ment. The plan proposes converting the front building to a 40
room hotel.
5. Access/Circulation The project is accessed by a 32 foot wide
road within a 60 foot wide r.o.w. from Shelburne Road opposite
McIntosh Avenue. The public road meanders westward through the
commercial portion, crosses the stream and heads north for future
connection to the Pomerleau parcel. The residential units are
proposed to be accessed by a 24 foot wide, looped private road.
Circulation for both the commercial and residential portions is
adequate.
6. Landscaping The minimum landscaping requirement for this
project is $121,100. This includes $13,600 for street trees
(public r.o.w.) and $107,500 for site landscaping.
7. A portion of the proposed parking lot is located in the 50
foot conservation zone along the minor stream along the southern
Chrysler -Plymouth property line.
8. Improvements to Route 7 are proposed which include improv-
ments to McIntosh/L&M Park/Shelburne Road intersections, synchro-
nization of signals along Shelburne Road from Allen Road to I-
189, the closing of the southern access to Vermont National Bank
and deceleration lane into the project.
9. The $200 per unit recreation fee would apply to the proposed
150 multi -family residential units.
10. This project requires a sewer allocation of 65,375 gpd.
This assumes 52,500 gpd for the residential portion and 12,875
gpd for the commercial portion. Due to limited sewer capacity at
the Bartlett Bay Treatment facility, only 51,552 gpd is available
at this time.
11. This project will generate 623 peak hour trip ends. The
applicant will have to contribute $15,995 to the Shelburne Road
Intersection Improvement Fund based on these trip ends.
12. The commercial portion of the project requires 505 parking
spaces and only 469 spaces are being proposed. The residential
portion of the project requires 338 spaces and 341 spaces are
being provided.
DECISION & CONDITIONS
Based on the above Finding of Fact the Planning Commission ap-
proves the Final Plat application of Gerald Milot and John Larkin
for construction of a planned commercial development consisting
of 150 multi -family residential units, a 40-room hotel, 60,000
square feet of office space and 40,000 square feet of retail
space as depicted on a 14 page set of plans, page one entitled
"L&M Park, Proposed Subdivision Plan" prepared by Fitzpatrick -
Llewellyn, Inc. and dated December, 1990 with the following
stipulations:
1. The applicant shall post a $121,100, 3-year landscaping bond
prior to permit. This includes $13,600 for street trees (public
r.o.w.) and $107,500 for site landscaping.
2. The plan shall be revised prior to recording to show:
a. The landscaping plan and schedule on sheets 11 and 12 shall
be revised to indicate 465 proposed deciduous/evergreen shrubs as
indicated in a note dated 12/5/90 from John Steele of Fitzpat-
rick -Llewellyn, Inc.
I
b. The proposed parking lot shall be located outside of the 50
foot conservation zone along the minor stream along the southern
Chrysler -Plymouth property line.
C. Bus shelter located in front of the proposed hotel in a
location recommended by CCTA. The bus shelter shall be main-
tained by a landowners association or applicant.
3. The proposed survey plat shall be revised prior to recording
to indicate that the 100 foot r.o.w., future connection to
Farrell property, and future connection to Pomerleau property
will be irrevocable offers of dedication.
4. The areas of land shown on the plat as "subject to agreement"
shall be resolved prior to issuance of zoning permits. The
applicant shall submit evidence to the City Planner proving that
the issues have been resolved and that the project can proceed as
approved by the Commission.
5. The sewage pumping station and force main shall be privately
owned and maintained.
6. Legal documents for streets, 100 foot right of way along
Central Vermont Railroad property line, 60 foot r.o.w. to Farrell
property, utilities, easements and shared parking with the Ver-
mont National bank shall be submitted to City Attorney for ap-
proval prior to permit.
7. Bonds to cover construction of streets, sidewalks, improve-
ments to McIntosh/L&M Park/Shelburne Road intersections, synchro-
nization of signals along Shelburne Road from Allen Road to I-
189, the closing of the southern access to Vermont National Bank,
deceleration lane into the project, and other utilities in an
amount to be approved by the City Engineer shall be posted prior
to permit.
8. A recreation fee of $30,000 ($200 per unit) shall be posted
prior to permit.
9. Prior to permit, the applicant shall submit a letter to the
planner from the VAOT approving proposed improvments on Route 7
(i.e., new signal, synchronization of signals from 1-189 to Allen
Road, deceleration lane). Improvements shall be complete prior
to issuance of a certificate of occupancy.
10. A sewer allocation of 65,375 gpd is granted. This assumes
52,500 gpd for the residential portion and 12,875 gpd for the
commercial portion. Due to limited sewer capacity at the Bart-
lett Bay Treatment facility, only 51,552 gpd is available at this
time. This project will be placed on a waiting list for the
remaining 13,823 gpd until such time as sufficient capacity is
available as determined by the City Planner. 6,938 gpd shall be
placed as #1 on the list and 6,885 gpd shall be #3 on this list.
11. The applicant shall contribute $15,995 to the Shelburne Road
Intersection Improvments Fund based on the 623 peak hour trip
ends to be generated by this project.
12. This project is approved for 341 residential parking spaces
and 469 commercial spaces. This project is also approved for a
maximum peak hour trip end generation of 623 trips. As expressed
by the applicant, the commercial portion of the project, includ-
ing the hotel, is only conceptual at this time. Therefore, prior
to issuance of a building permit for any development in the
commercial portion of the project, the applicant shall submit a
revised final plat to the Planning Commission for approval. Any
proposed commercial project shall fit within the 469 total com-
mercial parking spaces and 623 maximum peak hour trip end limit
(including residential portion) as approved by the Planning
Commission.
13. This approval is contingent upon the establishment of a
Transportation Management Association (TMA) in accordance with
the document entitled "Shelburne Road Corridor Transportation
Management Association, Final Draft, August 1990". As expressly
represented by the applicant, the applicant shall fund the first
18 months of the proposed Shelburne Road Corridor TMA, As de-
fined in the above referenced document the first 18 months re-
quires a budget of $50,000. Effective upon District Environmen-
tal approval of this project, the applicant shall hire a program
coordinator, provide working space within the corridor, and
establish an account for the TMA. The applicant shall contribute
$30,000 to the TMA by said date and an additional $20,000 one
year after that. The proposed bylaws shall be finalized after
the hiring of the TMA coordinator.
14. This approval is conditional on a development phasing plan
of 75 residential units per year.
15. At the time the Pomerleau property is approved for
development the then owner of the subject property shall extend.
Fayette Road to the northerly property line in accordance with
municipal standards and at its own cost and expense. This obli-
gation shall run with the land and shall be secured by a mortgage
or other lien on the property. In addition, prior to issuance of
a zoning permit, the applicant shall post an escrow account to
secure further the costs of the future extension of Fayette Road
to the Pomerleau property. The amount of escrow shall be deter-
mined by the City Engineer. The documents necessary to effect
this plan shall be submitted to the City Attorney for approval.
16. The private residential street shall be fully installed and
paved prior to issuance of a certificate of occupancy.
17. Applicant shall submit to the City Planner a list of any
changes required by Act 250 prior to issuance of a zoning permit.
18. The storm water retention pond shall remain in private
ownership and shall be maintained by a landowner's association.
19. Storm water inlets will be adjusted to grade using precast
concrete risers (not bricks and mortar) as manufactured by Gris-
wold.
20. The Final Plat shall be signed by the Planning Commission
chairman or clerk and recorded in the South Burlington land
records within 90 days or this approval is null and void.
South Burlington Planning Commission