HomeMy WebLinkAboutSD-02-21 - Decision - 0466 Farrell Street#SD-02-21
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-02-21 of Farrell/Morrissey Development
Company, LLC to amend a planned unit development consisting of : 1) a 95 room hotel, 2)
160 residential units in four (4) buildings, 3) a 130 unit congregate housing facility, 4)
subdividing two (2) parcels of 24.458 acres into eight (8) lots, 5) a 90,000 sq. ft. building
which will include 11,000 sq. ft. of retail, 150 seat 7,500 sq. ft. restaurant, 70,000 sq. ft. of
general office, 2,500 sq. ft. drive -in -bank, and ten (10) residential units, 6) a 7,200 sq. ft.
addition to an indoor recreational facility, and 7) an existing 16,000 sq. ft. television studio
and office building. The amendment consists of : 1) relocating a utility but (PCH), 2)
reconfiguring the utility easement in connection with the PCH, 3) subdividing Bacon Street
from lot # 1, and 4) increasing the size of the maintenance facility on lot #3 to contain a
rental site management office of 700 sq. ft., Farrell Street.
On the 14th of May 2002, the South Burlington Development Review Board approved
the request of FM Development Company, LLC for final plat approval under Section 204
of the South Burlington Subdivision Regulations based on the following findings:
1) This project consists of amending a planned unit development consisting of : 1) a 95
room hotel, 2) 160 residential units in four (4) buildings, 3) a 130 unit congregate
housing facility, 4) subdividing two (2) parcels of 24.458 acres into eight (8) lots, 5)
a 90,000 sq. ft. building which will include 11,000 sq. ft. of retail, 150 seat 7,500 sq.
ft. restaurant, 70,000 sq. ft. of general office, 2,500 sq. ft. drive -in -bank, and ten (10)
residential units, 6) a 7,200 sq. ft. addition to an indoor recreational facility, and 7)
an existing 16,000 sq. ft. television studio and office building. The amendment
consists of : 1) relocating a utility but (PCH), 2) reconfiguring the utility easement in
connection with the PCH, 3) expanding a maintenance office to 1200 square feet,
and 4) subdividing Bacon Street from lot # 1, Farrell Street.
2) The property is located on Shelburne Road and Farrell Street. It lies within the C 1,
C2 Conservation Open Space District, and Floodplain Overlay District. It is
bounded on the north by residences and a service station, on the east by Farrell
Street, on the south by I-89, and on the west by Mall 189 and Shelburne Road.
3) The owners of record are David Farrell, Trustee; Stuart McConaughy, Trustee;
O'Dell Bond Housing Limited Partnership; O'Dell Allocated Housing Limited
Partnership; EF Farrell, LLC; DB Morrissey, LLC; Burlington Indoor Tennis ,Inc.
4) The only issues effecting this application are landscaping, building coverage,
parking and setbacks.
5) Parking: The addition of 700 square feet of office space increases the parking
requirement to 1.081 parking spaces. The number of parking shown on sheet C-3 is
1002. This represents a 79 parking space shortfall. The applicant requested a 7%
parking waiver. The applicant was previously granted a 72 space or 6.7% parking
waiver. Staff requested the applicant provide parking information on the total # of
spaces for the PUD and so note on sheet C-3.
6) Landscaping: The location of some of the plants has been modified to accommodate
the relocation of the PCH building. The applicant was made aware that norway
spruce at maturity has a spread of 35'-40'. They may need to be limbed up or
sheared and kept as a hedge so the spruce do not grow into the building or interfere
with cars parking.
7) Coverage: There is a minor change building coverage from the previous approval of
17% with the addition of the 700 square foot office. The applicant should provide
the updated coverage information on the overall site plan (sheet C-3).
8) Setbacks: Setbacks are met with the relocation of the utility hut.
DECISION AND CONDITIONS
Based on the above Findings of Fact, South Burlington Development Review Board
approves final plat application #SD-02-21 of FM Development Company, LLC to amend
a planned unit development consisting of : 1) a 95 room hotel, 2) 160 residential units in
four (4) buildings, 3) a 130 unit congregate housing facility, 4) subdividing two (2)
parcels of 24.458 acres into eight (8) lots, 5) a 90,000 sq. ft. building which will include
11,000 sq. ft. of retail, 150 seat 7,500 sq. ft. restaurant, 70,000 sq. ft. of general office,
2,500 sq. ft. drive -in -bank, and ten (10) residential units, 6) a 7,200 sq. ft. addition to an
indoor recreational facility, and 7) an existing 16,000 sq. ft. television studio and office
building. The amendment consists of: 1) relocating a utility but (PCH), 2) reconfiguring
the utility easement in connection with the PCH, 3) expanding a maintenance office to
1200 sq. feet.,4) subdividing Bacon Street from lot # 1, Farrell Street, and 5) other minor
site revisions, as depicted on a fifteen page set of plans, page one (1) entitled, "Final Plat
O'Dell Parkway PUD South Burlington Vermont", prepared by Civil Engineering
Associates, Inc., dated July 2000, last revised on 5/1/02, with the following stipulations:
1) All previous approvals and stipulations, which are not superseded by this approval, shall
remain in effect.
2) The Development Review Board pursuant to Section 26.256 (b) of the zoning
regulations, approves a total of 961 parking spaces, which represents a waiver of 111
spaces or 10.4%.
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3) Any changes to the plat plans shall require approval by the South Burlington
Development Review Board.
4) The final plat plans (sheet 1 and Drawing no. C-3) shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall be signed by the Board
Chair of Clerk prior to recording. Prior to recording the final plat plans, the applicant
shall submit a copy of the survey plat and Drawing no. C-3in digital format. The format
of the digital information shall require approval of the Director of Planning and Zoning.
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Chair or` -Icrk_ Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. ,¢ 4471 and V kC.P. 76, in writing, within 30 days of the date this decision is issued the fee is
$150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S:A. § 4472(d)
(exclusivity of remedy; finality).
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