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HomeMy WebLinkAboutSD-01-51 - Decision - 0466 Farrell Street#SD-oi-Si FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application #SD-oi-Si of Wright/Morrissey Realty Corporation to amend a previously approved planned unit development consisting of: i) a 95 room hotel, z) 16o residential units in four (4) buildings, 3) a 130 unit congregate housing facility, 4) subdividing two (z) parcels of 24.458 acres into eight (8) lots, 5) a 91,000 sq. ft. building which will include ii,000 sq. ft. of retail, 15o seat 75oo sq. ft. restaurant, 70,000 sq. ft. of general office, z5oo sq. ft. of drive -in -bank, and ten (1o) residential units, 6) a 72o0 sq. ft. addition to an indoor recreational facility, and 7) and existing 16,000 sq. ft. television studio and office building. The amendment consists of. i) reducing the height of the mixed use building from five (5) stories to four (4) stories thereby reducing size of the building by io,000 sq. ft., z) reducing the height of south wing of congregate housing building from four (4) stories to three (3) stories, 3) adding landscaping on east side of congregate housing building, 4) adding security fence around retention pond, and 5) deleting io parking spaces along west side of right-of-way from Farrell Street to hotel and replace with landscaping and extend sidewalk to hotel, 65 Farrell Street. On the 16`h day of October zoos, the South Burlington Development Review Board approved the request of Wright/Morrissey Realty Corp. for final plat approval under Section zoo of the South Burlington Subdivision Regulations based on the following findings: i. The owners of record of the property are New Enterprises, Inc; David M. Farrell; Farrell Corp; David M. Farrell & Stuart McConoughy, Trustees. z. This project consists of amending a previously approved planned unit development consisting of. i) a 95 room hotel, z) 16o residential units in four (4) buildings, 3) 130 unit congregate housing facility, 4) subdividing two (z) parcels of 24.458 acres into eight (8) lots, 5) a 9i000 sq. ft. building which will include ii000 sq. ft. of retail, a i5o seat 7500 sq. ft. restaurant, 70,000 sq. ft. of general office, 25oo sq. ft. of drive -in -bank, and ten (io) residential units, 6) a 7200 sq. ft. addition to an indoor recreational facility, and 7) an existing 16000 sq. ft. television studio and office building. The amendment consists of. I) reducing the height of the mixed use building from five (5) stories to four (4) stories thereby reducing size of the building by 4000 sq. ft., z) reducing the height of south wing of congregate housing building from four (4) stories to three (3) stories, 3) adding landscaping on east side of congregate housing building, 4) adding security fence around retention pond, and 5) deleting io Page #z parking spaces along west side of right-of-way from Farrell Street to hotel and replace with landscaping, and extend sidewalk to hotel, and 6) converting S5oo sq. ft. of approved retail use to general office use. 3. This amendment will reduce impacts so the Board did not need to review the criteria for justification of an amendment. 4. This property located on Shelburne Road and Farrell Street lies within the Ci, Cz, and Floodplain Overlay Districts. It is bounded on the north by residence and a service station, on the east by Farrell Street, on the south by I-189 and on the west by Mall 189 and Shelburne Road. 5. Access/Circulation: No changes 6. Coverage/Setbacks: Building coverage is 17%, with Ben Franklin it is 18o/o (maximum allowed for commercial is 30% and for residential is 20%). Overall coverage is 53.3%, with Ben Franklin it is 54.3% (maximum allowed for commercial is 70% and for residential is 400/0). 7. Front yard coverage along Shelburne Road is 270/- (30010 max). Along Farrell Street it is 140/o (30% max). South of O'Dell Parkway (the Farrell Street extension) front yard coverage is 23% (300/o max). North of O'Dell Parkway front yard coverage will be exceeded at 640/0 (300/o max). 8. Parking: This project was previously approved for ioo6 parking spaces which represents a 72 space or 6.70/- parking waiver. This proposal reduces the parking requirement from 1078 spaces to io69 spaces (a nine (9) space reduction). The applicant requested approval for a total of 967 spaces which is a 102 space or 9.5% shortfall. 9. Landscaping: The approval plan met the minimum landscaping requirement. This amendment will increase landscaping. io. Traffic: This amendment will reduce the traffic impact because of converting some retail use to office use. II. Sewer: No additional allocation needed. 12. Building Height: The mixed use building is proposed to be reduced in height from 6o feet to 5o feet. A portion of the congregate housing facility will be reduced in height with the remaining portion at the previously approved height limit of 45 feet. 13. Other: The plans should be revised to note the revised square footage of the uses in the mixed use building. DECISION & CONDTIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-01-51 of Wright/Morrissey Realty Corporation to amend a previously approved planned unit development consisting of: i) a 95 room hotel, z) 16o residential units in four (4) buildings, 3) a 130 unit congregate housing facility, 4) subdividing two (z) parcels of 24.458 acres into eight (8) lots, 5) a 91,000 sq. ft. building which will include ii,000 sq. ft. of drive -in -bank, and ten (io) residential units, 6) a 7200 sq. ft. addition to an indoor recreational facility, and 7) and Page #3 existing 16,000 sq. ft. television studio and office building. The amendment consists of. i) reducing the height of the mixed use building from five (5) stories to four (4) stories thereby reducing size of the building by io,000 sq. ft., z) reducing the height of south wing of congregate housing building from four (4) stories to three (3) stories, 3) adding landscaping on east side of congregate housing building, 4) adding security fence around retention pond, 5) deleting io parking spaces along west side of right-of- way from Farrell Street to hotel and replace with landscaping and extend sidewalk to hotel, and 6) adding two (z) panel antennas to existing tower, 9' x 12' concrete pad, and additional landscaping, 65 Farrell Street, as depicted on an eight (8) page set of plans, page one (i) entitled, "Overall Site Plan", prepared by Civil Engineering Associates, Inc., dated 11/18/99, last revised on 9/i/oi, with the following stipulations: i. All previous approvals and stipulations, which are not superseded by this approval shall remain in effect. z. The plat plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Four (4) copies of the approved revised plat plans shall be submitted to the Director of Planning & Zoning prior to recording. a. The final plat plans shall be revised to note the revised square footage of the uses in the mixed use building. b. The final plat plans shall be revised to show the proposed concrete pad and additional landscaping. 3. Pursuant to Section 25.113 (b) and (c) of the zoning regulations, the South Burlington Development Review Board approves taller structures within the development as follows: the four (4) multi -family dwelling buildings and the congregate housing facility with a maximum height of 45 feet and the mixed use building with a maximum height of 5o feet. It is the Board's opinion that the criteria under Section 25.113 (b) and (3) are being met for the taller structures. It is also the Board's opinion that it is the intent of the zoning regulations to allow "predominately non-residential" building to exceed the 45 foot height limit and the mixed used buildings are "predominately non- residential." 4. The Development Review Board pursuant to Section 26.256 (b) of the zoning regulations, approves a total of 967 spaces which represents a ioz space or 9.5% waiver. 5. Any change to the final plat plans shall require approval of the South Burlington Development Review Board. 6. The final plat plan (sheets C-3 and C-4) 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 or Clerk prior to recording. Page #4 Chairman/ South Burlin xo evelopment Review Board Date ),/ 6 6 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. 4471 and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $i5o.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).