HomeMy WebLinkAboutSP-98-0000 - Decision - 0057 0000 Fayette RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of John Larkin and Gerry Milot to amend an approved 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/day care building, a 3,500
square foot restaurant with drive -through service and a bank with drive -through service, Fayette
Road/Shelburne Road. The amendment consists of constructing 60 additional residential units in two
(2) buildings.
On the 12" day of May, 1998, the South Burlington Planning Commission approved the request of
John Larkin and Gerry Milot 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 an approved planned commercial development consisting of 150
residential units, a 61 room hotel, a 20,000 square foot movie theater (1000 seats), a 22,500 square
foot restaurant/retail/indoor recreation/day care building, a 3500 square foot restaurant with drive -
through service, and a bank with drive -through service, located on Shelburne Road. The amendment
consists of adding two (2) 30 unit multi -family dwellings. The sketch plan was reviewed on 9/23/97.
2. Access/circulation: Access to this development is via a public street known as Fayette Road.
This development currently has five (5) curb cuts on Fayette Road. No additional curb cuts
proposed. Access to the two (2) proposed multi -family dwellings will be via a private cul-de-sac
street. This private cul-de-sac street will exceed the 50 unit limit provided under Section 401.1(g)
of the subdivision regulations. The applicant is proposing an emergency fire lane with no gates to
provide the second access.
3. Coverage/setbacks: (entire L&M Park development) Building coverage is 8.6% feet (maximum
allowed is 20%). Overall coverage is 25.7% (maximum allowed is 40%).
Setback requirements are being met for the two (2) new buildings.
4. Parking:: A total of 473 parking spaces are required for the residential portion of this
development and 382 spaces are being provided. This is a 91 space or 19.2% shortfall. The applicant
conducted a parking count survey for the existing 150 units which indicates that the average parking
demand during the count period was 1.3 spaces per unit. The applicant is proposing to provide 1.8
spaces per unit. Staff supported granting the parking waiver with the condition that for a period of
one (1) year after occupancy of the last building, parking counts be conducted on a monthly basis and
submitted to the Commission. If the counts indicate that more parking is needed, additional parking
shall be constructed.
5. The plan should be revised to show all parking spaces in the residential development including all
handicapped spaces, and a bike rack for each of the seven (7) buildings. The notes regarding parking
should be revised to note the correct number of spaces.
6. Landscaping:: The minimum landscaping requirement, based on building costs, is $27,500 which
is not being met. Proposed landscaping, which includes Red Maple, Ash, Honeylocust, Crabapple,
Spruce, Pine and Weeping Willow, is $10,200 short of the requirement. Plan should be revised to
show all existing landscaping in the residential portion of the development and add more landscaping
to meet the minimum requirement.
7. Traffic: A traffic impact analysis was submitted This report concludes that the existing vehicle
trip ends (vte's) for the entire project is 468 vte's and the project was originally approved for 623
vte's which represents 155 fewer vte's than permitted. The report further concludes that the
additional 60 units will generate between 33 and 41 additional P.M. peak hour trip ends.
8. Sewer: The additional sewer allocation needed is 11,664 gpd. The applicant will be required to
pay the per gallon fee prior to permit issuance.
9. Building heir The Planning Commission approved buildings #1-5 with a maximum height of
45 feet. This is five (5) feet higher than permitted. Prior to issuance of a zoning permit for building
#6 and 7, the applicant should submit building elevations to assure that the height of the building will
not exceed 45 feet and complies with Section 25.113 of the zoning regulations.
10. Wetlands: A portion of building #7 and associated regrading will encroach into a wetland buffer.
Section 26.151(g) of the zoning regulations requires that PUD's comply with the standard that the
project "will protect important natural resources including... wetlands..." The applicant submitted
a statement from a wetland expert addressing this criterion which indicates that the project will have
"no direct impact to the wetlands."
11. Lighting Additional lighting will consists of four (4) 150 watt high pressure sodium lights with
downcasting shielded fixtures mounted on 20 foot poles with a 2.5 foot concrete base. This results
in the light being 22.5 feet high and the maximum height is 20 feet. Plan details on lights should be
revised to show that the lights will not exceed 20 feet in total height. Prior to permit issuance, the
applicant should submit details of building mounted lights to the City Planner for approval.
12. Dumpster: The proposed dumpster area should be screened and the type of screening noted on
the plan.
13. Impact fees: The applicant was made aware that this project is subject to road, school, and
recreation impact fees.
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14. Other:
--- a plan showing the entire L&M Park project should be submitted which includes buildings #6
and 7.
the site plan should be revised to show the existing recreation path easement which runs along
the railroad r.o.w.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the final
plat application of John Larkin and Gerry Milot to amend an approved 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/day care building, a 3,500 square foot
restaurant with drive -through service and a bank with drive -through service, Fayette Road/Shelburne
Road. The amendment consists of constructing 60 additional residential units in two (2) buildings,
as depicted on a 6-page set of plans, page 1 A entitled, "L&M Park - Buildings 6 & 7, Site Plan,"
prepared by Llewellyn, Inc., dated May, 1998, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The Planning Commission approves a sewer allocation of 11,664 gpd (includes 30% reduction
allowed by State). The applicant shall be required to pay the per gallon fee prior to permit issuance.
3. The plat plan shall be revised to show the changes listed below and shall require approval of the
City Planner. Three (3) copies of the approved revised plat plan shall be submitted to the City
Planner prior to recording.
a) The final plat plan (sheet I A of 6) shall be revised to show all existing parking spaces in
the residential portion of the development including all handicapped spaces and a bike rack
for all seven (7) buildings.
b) The final plat plan (sheet 1 A of 6) shall be revised to indicate the correct number of parking
spaces proposed.
c) The final plat plan (sheet 2A of 6) shall be revised to show all existing landscaping in the
residential portion of the development and add more landscaping to meet the minimum
requirement.
d) The lighting detail on sheet 2A of 6 shall be revised to reduce the overall height of the
lighting fixture to 20 feet maximum.
e) The overall plan for the L&M Park project shall be revised to include buildings #6 and #7.
f) The final plat plan (sheet 1 A of 6) shall be revised to show the existing recreation path
easement which runs along the railroad r.o.w.
g) The final plat plans shall be revised to show the 91 "future" spaces that will be constructed
at a later date if determined necessary by the Planning Commission.
4. Surplus excavation material, if any, shall be removed from the site.
5. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission approves a 91
space or 19.2% shortfall. The applicant shall be required to conduct parking counts on a monthly
basis for a period of one(1) years after occupancy of the last building and this data shall be submitted
for the Commission. If the counts indicate that more parking is needed, additional parking shall be
constructed.
6. The Planning Commission approves a maximum building height of 45 feet for the residential
structures. It is the Commission's opinion that a 45 foot high building height adequately satisfies the
criteria of Section 25.113b(i)-(iii) contained within the South Burlington Zoning Regulations. Prior
to issuance of a zoning permit for each building, the applicant shall submit building elevations to
assure that the height of the building will not exceed 45 feet and complies with Section 25.113 of the
zoning regulations.
7. All new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light
beyond the property line. Any change in lighting shall be approved by the City Planner prior to
installation. The applicant shall submit details of any building mounted lights to the City Planner for
approval prior to permit issuance.
8. The final plat plans (sheets 1 A and 2A of 6) 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.
9. The gravel "secondary" access road which is proposed to serve buildings 6 and 7 shall be well
maintained and plowed at all times.
Chairman or Clerk
South Burlington Planning Commission
Date
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