HomeMy WebLinkAboutSD-94-0002 - Decision - 0007 Fayette RoadFINDINGS OF FACT & DECISION
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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, 20,000 square foot movie
theater (1,000 seats), 22,000 square feet of retail use, a 3,100
square foot fast-food restaurant with drive -through, and a bank
with drive -through service. The amendment consists of: 1)
replacing the 22,000 square foot retail building with a 22,500
square foot building consisting of 11,000 square feet of
recreational/entertainment use, 3,750 square feet of retail use,
6,750 square feet of standard restaurant (170 seats), and 500
square feet of common area, and 2) increasing the size of the fast-
food restaurant from 3,100 square feet to 3,500 square feet,
Shelburne Road.
On the 22nd of February, 1994, 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 an amendment to the L&M Park PCD to
change the use of the previously approved 22,000 square foot retail
building to: 1) 11,000 square feet of indoor recreation use, 2)
170 seat standard restaurant (6,750 square feet), 3) 3,750 square
feet of retail use (hobby shop), 4) 500 square feet of common area
and 5) increase the size of the fast-food restaurant from 3,100
square feet to 3,500 square feet. This project was last reviewed
by the Planning Commission as a sketch plan on 12/14/93.
2. The McDonald's building was approved for 3,100 square feet but
was constructed at 3,500 square feet. The trip generation and
parking requirement information was based on the higher number.
Staff recommended that this application be amended to request the
increase in size of the McDonald's building.
3. Access/circulation: Access to the proposed building will be
via a 26 foot curb cut on Fayette Road. This curb cut was
relocated approximately 60 feet to the north and is no longer
opposite the curb cut for the theater.
Circulation is adequate.
4. Coverage/setbacks: The following coverage information pertains
to the commercial portion of the L&M Park project. Building
coverage is 65,276 square feet (maximum allowed is 125,453 square
feet). Overall coverage is 249,392 square feet (maximum allowed is
292,723 square feet).
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5. The 40 foot setback requirement from Fayette Road is not being
met. The setback proposed is 35 feet. The Planning Commission
under Section 11.507b of the zoning regulations may modify the
setback requirements. The Planning Commission waived the setback
for the previous building.
6. Parking: The shared parking study submitted by the applicant
indicates a peak parking demand of 489 spaces. The plan provides
a total of 489 spaces (433 surface spaces and 56 sub -surface
spaces) for the commercial portion of the project. Eleven (11) of
the surface spaces will be provided by using stacking units which
stack cars one above the other.
7. Bicycle parking is being provided as required under Section
19.253b of the zoning regulations at the southerly end of the
building.
8. Landscaping: The landscaping proposed in the vicinity of the
proposed building is substantially the same as was proposed for the
retail building. The landscaping plan has been revised to
accurately reflect existing and proposed plantings.
9. Applicant has not completed landscaping around the theater. No
occupancy of the proposed building should be allowed until this
landscaping has been planted. The applicant has allowed a three
(3) year landscaping bond to expire after only one (1) year.
Repeated attempts by staff to have this bond continued for two (2)
years has failed. Therefore, staff recommended that a
zoning/building permit not be issued until this requirement has
been met.
10. Traffic: The L&M Park PCD was approved for a maximum of 623
vehicle trip ends (vte's) during the P.M. peak hour. The applicant
submitted a trip generation assessment which estimates 440 P.M.
peak hour vte's. This is 183 vte's less than allowed.
11. Sewer: The L&M Park development has a sewer allocation of
55,000 gpd for new uses. Staff calculated that the existing and
proposed uses require an allocation of 51,209 gpd. Therefore, no
additional allocation is needed.
12. C.O. Zone: The plans were revised to keep the parking area
and proposed building from encroaching into the C.O. Zone.
13. Lighting: Applicant is proposing unique exterior lighting for
the parking area and building. These lights are currently under
design so the details are not available. Applicant has indicated
that all lights will be downcasting and shielded. The details of
all exterior lighting should be submitted and approved by the City
Planner prior to installation.
14. Staff discovered that five (5) flood lights which were not
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shown on the lighting plan have been installed. Two (2) in front
of McDonald's, one (1) in front of the bank, one (1) on the corner
of Fayette Road and the theater driveway and one (1) attached to
the north side of the theater. This type of light is not
acceptable to the City. These lights should be removed prior to
the issuance of the permit for the proposed building.
Other:
--- the dumpster will be screened by a five (5) foot stockade
fence.
--- the bus shelter and the sidewalk along the north side of
Fayette Road should be constructed from McDonald's to the
residential development prior to occupancy of the proposed
building.
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, 20,000 square
foot movie theater (1000 seats), 22,000 square feet of retail use,
a 3,100 square foot fast-food restaurant with drive -through, and a
bank with drive -through service. The amendment consists of 1)
replacing the 22,000 square foot retail building with a 22,500
square foot building consisting of 11,000 square feet of
recreational/entertainment use, 3,750 square feet of retail use,
and 6,750 square feet of standard restaurant use (170 seats),and
500 square feet of common area, and 2) increasing the size of the
fast-food restaurant from 3,100 square feet to 3,500 square feet,
as depicted on a two (2) page set of plans, page one entitled, "L&M
Park, Site & Utilities Plan", prepared by Fitzpatrick -Llewellyn,
Inc. and dated June, 1990, last revised 2/10/94, 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 489 spaces for the commercial
portion of the planned commercial development which represents a
waiver of 140 spaces, or 22%. It is the commission's opinion that
489 spaces will adequately serve the commercial portion of the
development due to the specific mix of uses and differing times of
peak parking demand.
3. All exterior lighting shall be downcasting and shielded and
shall not cast light beyond the property line. Prior to issuance
of a zoning/building permit for the new building, the applicant
shall submit for approval by the City Planner details of all
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exterior lighting to be installed on and in the vicinity of the new
building. Any future change in existing lighting or new lighting
anywhere in the entire L&M Park development shall be approved by
the City Planner prior to installation.
4. The plan shall be revised prior to recording to show that
eleven (11) "stacking unit" parking spaces will be provided, not
ten. Three (3) copies of the approved revised plans shall be
submitted to the City Planner prior to recording.
5. The applicant shall pay the required sewer allocation fee prior
to issuance of a zoning/building permit.
6. Prior to issuance of a zoning/building permit, the applicant
shall renew the existing landscaping bond which expired recently.
7. The final plat plans shall be recorded in the South Burlington
land records within 90 days or this approval is null and void. The
plans shall be signed by the Chair or Clerk of the Commission prior
to recording.
8. The applicant shall obtain a Certificate of Occupancy permit
from the Administrative Officer prior to use of the new building.
Prior to issuance of the Certificate of Occupancy permit, the
applicant shall complete the following:
a) install landscaping in the vicinity of the theater and
along Fayette Road.
b) construct sidewalk along the north side of Fayette Road.
c) install bus shelter along Shelburne Road.
d) remove flood lights in front of McDonald's and bank, and
near theater.
9. Any changes to the final plat plans shall require Planning
Commission approval.
10. The plan shall be revised prior to recording to show the
correct dimensions of the fast food restaurant.
Chairman ar-tq-erk--
South Burlington Planning Commission
Date
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