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HomeMy WebLinkAboutSD-02-78 - Decision - 0007 Fayette Road#5D-02-78 FINDING64F_FACT & DEC1510N STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF 50UTH BURLINGTON Re: Findings of Fact, final plat application #5D-02-75 of Bananas University Realty, Ltd to amend a planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 sq. ft. movie theatre (1000 seats), a 22,500 sq. ft. restaurant/retail/indoor recreation/day care building, a 3500 sq. ft. restaurant with drive through service, and a bank with drive through service. The amendment consists of changing the use of 11,590 sq. ft. of the 22,500 sq. ft. building from day care and indoor recreation to 2150 cq. ft. for an educational facility (martial arts) and 9440 sq. ft. for medical offices, 7 Fayette Road. On the 21' day of January 2003, the South Burlington Development Review Board approved the request of Bananas University Realty, Ltd. for final plat approval under 5ection 204 of the 5outh Burlington 5ubdivision Regulations based on the following findings: 1. This project consists of amending a planned unit development consisting of 210 residential units, a 61 room hotel, and 20,000 sq. ft. movie theatre (1000 seats), a 22,500 sq. ft. restaurant/retail/indoor recreation/day care building, a 5500 sq. ft. restaurant with drive through service, and a bank with drive through service. The amendment consists of changing the use of 11,590 sq. ft. of the 22,500 sq. ft. building from day care and indoor recreation to 2150 sq. ft. for an educational facility (martial arts) and 9440 sq. ft. for medical offices, 7 Fayette Road. A similar application was reviewed at the 9/3/02 meeting and withdrawn. The educational facility (martial arts) is currently occupying the building without approval and without a zoning permit. 2. The owner of record of this property is Bananas University Realty, Ltd. 3. The property located at 7 Fayette Road lies within the C1 District. It is bounded on the south and west by Fayette Road, on the east by 5helburne Road and a bank, and on the north by another commercial property. 4. Acccoo/Circulation: Access to the restaurant/retail/indoor recreation/daycare building is provided via two curb cuts off Fayette Road, one is 25 feet wide and accesses the front of the building via one curb cut off the private drive. The other curb cut accesses the rear of the building and is 75 feet wide. This entrance allows access to a garage located beneath the building and another parking lot behind the building. Circulation on Site is adequate. 5. Pam: The original approval required a total of 489 parking Spaces for the commercial portion of the PUP, eleven (11) of which were to consist of Stacked parking units which allow for cars to be stacked one above the other. The 489 parking spaces represented a waiver of 22% or 138 spaces short of the 627 spaces required, however, a shared parking analysis conducted by the applicant indicated that the peak parking demand for the mix of uses in the development would be 489 vehicles. Therefore, 489 spaces were approved. The last approval on 12/21/99 reduced the number of required spaces down to 485 spaces. 6. This proposal again changes the mix of uses in the development which necessitates a revised shared parking analysis. 7. An updated shared parking analysis was submitted. It indicates that there is sufficient parking for all the uses in the commercial portion of the PUP. 8. A revised parking layout plan was submitted. It shows two (2) curb cuts to the parking lot along the east side of the building. The northerly curb cut is for emergency use only with parking spaces. The plan should be revised to reflect this situation. 9. The plan shows only a small portion of the overall PUP. Typically, when a PUP is amended, the amendment is depicted on the entire plan. Otherwise, if the PRI5 continues to approve piecemeal plans, the City will not have a plan depicting the entire PUP, which is accurate. Therefore, staff recommended that the plan for the entire commercial portion of the PUP be amended. 10. Traffic: The applicant's traffic engineer estimates that the change in use will generate three (5) additional vehicle trip end'5 (vte's) during the P.M. peak hour. 11. Larkin Terrace: 5taff consulted with the City Attorney regarding the issue of whether Larkin Terrace is a hotel or apartment complex. The attorney advised that the Board cannot resolve this issue as part of this discussion. 12. Dump: Pumpotero are shown on the site plan and are screened. 13. Lighter: There are no proposed changes to the exterior lights. Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #5D-02-78 of Bananas University Realty, Ltd. to amend a planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 oq. ft. movie theatre (1000 seats), a 22,500 oq. ft. restaurant/retail/indoor recreation/daycare building, a 3500 oq. ft. restaurant with drive through service and a bank with drive through service. The amendment consists of changing the use of 11,590 oq. of the page #5 22,500 sq. ft. building from daycare and indoor recreation to 2150 sq. ft. for an educational facility (martial arts) and 9440 sq. ft. for medical offices, 7 Fayette Road, as depicted on a plan entitled, "Bananas University Realty Ltd. 7 Fayette Road South Burlington, VT Existing Conditions Site flan", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 11/5/02, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. 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 eliminate the curb out at the northerly end of the parking lot in front of the building and add two (2) parking spaces. b. The final plat plans shall be revised to show the proposed parking layout changes on a plan depicting the entire PUD. 5. Any change to the final plat plans shall require approval of the South Burlington Development Review Board. 4. The final plat plans 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 pr-�o recording. Chair oak Date South Burlington Development Review Board Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V5A 4471 and VRCP 76 in writing, within 50 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 V5A 4472 (d) (exclusivity of remedy, finality).