HomeMy WebLinkAboutSP-97-0000 - Decision - 0007 Fayette RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Gregg Beldock to amend an
approved planned commercial development consisting of 150
residential units, a 61 room hotel, 1 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 amendment consists of site modification to
parking layout and landscaping.
On the 25th day of November, 1997, the South Burlington Planning
Commission approved the request of Gregg Beldock for revised final
plat approval under Section 204 of the South Burlington Subdivision
regulations based on the following findings::
1. This project consists of making site revision in the vicinity
of the restaurant/retail/indoor recreation building. Staff
discovered that site revisions were made without approval from the
Planning Commission and requested the applicant seek approval for
these revisions. A revised final plat for this proposal was
approved on 10/8/96 but the applicant never recorded the final plat
plan within the 90 day period , and therefore the approval expired.
2. Access/circulation: The 8/9/94 approval involved adding a
second access to the underground parking area and widening
the curb cut from 27 feet to 63 feet. Staff measured this curb cut
after construction to be approximately 100 feet in width. The City
Planner and City Engineer agreed to allow the curb cut to be
reduced to approximately 75 feet in width subject to approval from
the Planning Commission. Both plans show this curb cut being 75
feet in width.
Circulation is adequate.
3. Coverage/setbacks: Commercial portion of L&M Park project:
Building is 65,276 square feet (maximum allowed is 125, 453 square
feet). Overall coverage information was requested but not
submitted.
4. The plan submitted shows the building moved 2-3 feet closer to
the street than the last approved plan. The building scales to be
32 feet from the Fayette Road r.o.w. at its closest point.
5. Parking: The original approval required a total of 489 parking
spaces for the commercial portion of the P.U.D., eleven (11) of
which were to consist of stacked parking units which allow for cars
to be stacked one above the other. The 489 spaces represented a
waiver of 22%, however, a shared parking analysis conducted by the
applicant indicated that the peak parking demand for the mix of
4) The final plat plan shall be recorded in the land records
within 90 days or this approval is null and void. The plans
shall be signed by the Planning Commission Chair or Clerk prior
to recording.
Chairman or Cl rk
South Burlington Planning Commission
Date
uses in the development would be 489 vehicles. Therefore, 489
spaces were approved. The current proposal has reduced the total
number of spaces available by one(1) space for a total of 488
spaces. The stacked parking units are no longer proposed.
6. The parking was not constructed exactly as shown on the
approved plan. Areas which differ from the approved plan include
the northern portion of the underground parking garage and the
parking area located on the west side of the retail/restaurant
building. Also, the eleven (11) stacking units were never
installed.
7. A portion of the parking area located on the west side of the
retail/restaurant/indoor recreation building is located within the
C.O. District. This proposal would modify this parking area so it
is entirely out of the C.O. District.
8. Landscaping: The applicant submitted an "as -built" landscaping
plan for the commercial portion of the L&M Park project.
9. Dumpsters: A portion of the dumpster storage area is located in
the C.O. District. This proposal would remove the dumpster area
from the C.O. District. All dumpsters and trash containers should
be placed within the screened dumpster enclosure.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington
Planning Commission approves the final plat application of Gregg
Beldock to amend an approved 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 recreational building, a 35,00 square
foot restaurant with drive -through service, and a bank with
drive -through service, located on Shelburne Road. The amendment
consists of site modifications to parking layout and landscaping,
as depicted on a plan entitled, "Site & Utilities Plan B, L&M
Park, Fayette Road, South Burlington, Vermont," prepared by
Pinkham Engineering Associates, Inc., dated 2/8/96, with the
following stipulations
1) All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2) The Planning Commission approves a total of 488 parking
spaces for the commercial portion of the L&M Park.
3) Any change to the site plan shall require approval by the
South Burlington Planning Commission.
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