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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