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HomeMy WebLinkAboutSP-96-0000 - Decision - 0007 Fayette RoadFINDINGS OF FACT & DECISION STATE OF VERMONT �oc7 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, 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 amendment consists of site modifications to parking layout and landscaping. On the 8th day of October, 1996, 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 revisions 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 sketch plan for this proposal was reviewed on 3/19/96. 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 coverage 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 uses in the development would be 489 vehicles. Therefore, 489 waiver of 22%, 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 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 should submit 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 revised 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 plan shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to recording. 2 a) The plan shall be revised to include the building and overall coverage information. b) The plan shall be revised to include an "as -built" landscaping plan for the commercial portion of the L&M Park project. 3) The Planning Commission approves a total of 488 parking spaces for the commercial portion of the L&M Park project. 4) The approved plan, including all conditions, shall be implemented within 90 days. 5) Any change to the plan shall require approval from the South Burlington Planning Commission. 6) 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 Planning Commission Chair or Clerk prior to recording. /UV . v 'I, i 44,11 u Chairman or Clerk South Burlington Planning Commission Date 3