HomeMy WebLinkAboutSD-98-0000 - Decision - 0007 Fayette RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT S I _ - o 00 D
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of the Rec Room and Cactus Pete's to amend a 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 building,
a 3500 square foot restaurant with drive through service, and a bank with drive -through service,
located on Shelburne Road. The amendments consist of: 1) adding a 30 child day care use in the
22,500 square foot building, and 2) construct a 480 square foot deck for restaurant use.
On the 24" day of March, 1998, the South Burlington Planning Commission approved the request
of the Rec Room and Cactus Pete's 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 a 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 building a 3500 square foot restaurant with drive
through service, and a bank with drive -through service located on Shelburne Road. The
amendments consist of 1) adding a 30 child day care use in the 22,500 square foot building, and
2) construct a 480 square foot deck for restaurant use with no additional seating. This property
was last reviewed on 11/25/97. The only issues affected by this application are setbacks,
landscaping, traffic and parking.
2. Setbacks: The proposed deck does not meet the 40 foot front yard setback requirement. The
Planning Commission under Section 12.406(b) of the zoning regulations may modify this
requirement.
3. Landscaping The minimum landscaping requirement, based on building costs, is $240 which is
not being met. The applicant is seeking a credit for this shortfall.
4. Traffic: Information submitted by the applicant indicated that the day care use will increase
traffic by 20 vehicle trip ends (vte's) during the P.M. peak hour. The applicant was made aware
that the road impact fee is zero (0).
5. Parking: The applicant submitted an updated shared parking analysis for the commercial
portion of the PUD (excluding the theater and bank). This parking analysis indicated that no
additional spaces are needed.
1
6. Sewer: No additional sewer allocation is needed.
7. Lighting No additional exterior lights are proposed for the deck.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the
final plat application of the Rec Room and Cactus Pete's to amend a 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 building, a 3500
square foot restaurant with drive through service, and a bank with drive -through service, located
on Shelburne Road. The amendments consist of: 1) adding a 30 child day care use in the 22,500
square foot building, and 2) construct a 480 square foot deck for restaurant use, as depicted on a
five (5) page set of plans, page one (1) entitled, "L&M Park Fayette Road South Burlington,
Vermont," dated 2/8/96, stamped "received " March 13, 1998, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2. Prior to recording the final plat, the applicant shall revise the landscape plan to show
additional landscaping to meet the $240 shortfall. The plan shall require approval by the City
Planner.
3. Pursuant to Section 12.406(b) of the zoning regulations, the South Burlington Planning
Commission modifies the front yard setback requirement to allow the deck to be constructed as
shown on the approved plan.
4. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Planning Commission estimates that the proposed day care will generate 20
additional vehicle trip ends during the P.M. peak hour.
5. Any new exterior lighting shall consists of downcasting shielded fixtures so as not to cast light
beyond the property line. Any change in existing lighting shall be approved by the City Planner
prior to installation.
6. Any change to the final plat plan shall require approval by the South Burlington Planning
2
7. The final plat plan 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.
Chairman or Clerk b
South Burlington Planning Commission
f
Date
3