HomeMy WebLinkAboutZB-88-0000 - Decision - 0540 0640 Shelburne Road/�EVI_SCP TO /NCLUDE AA4rA/DmEN7"5 CwirA wEb 1N Q112,t7/PP / 1A1,Vrt.5
PLANNING COMMISSION
CITY OF SOUTH BURLINGTON
IN RE: Application of Heathcote Associates
NOTICE OF DECISION AND STATEMENT OF CONDITIONS
This matter came before the Planning Commission of the
City of South Burlington on the application of Heathcote
Associates to expand its Factory Outlet retail facility on
Shelburne Road in the City of South Burlington. The South
Burlington Planning Commission conducted public hearings on
this application on August 30, 1988, September 6, 1988 and
September 20, 1988. Heathcote Associates was represented by
attorney Peter Collins. Attorney Robert O'Neill appeared on
behalf of Thomas Farrell, an adjoining property owner.
Based upon the information provided the Planning Commission
at the above -stated public hearings, the Planning Commission
concludes that if the proposed expansion is constructed and
operated in strict accordance with the plans and
representations of the Applicant and the conditions imposed
by this Commission, it will satisfy the requirements of the
applicable City of South Burlington regulations and for such
reason is approved.
In granting this approval, the Planning Commission is
careful to point out that its decision has been strongly
influenced by the poor traffic circulation and total lack of
landscaping presently existing on the subject site. These
unsafe and unsightly conditions are attributable to actions
and decisions which pre -date the City's more recent
regulations which require land use design that is safe,
practical and attractive.
In connection with its proposed expansion in this case,
Applicant has proposed:
1. to remove existing asphalt and concrete from the
site to create new planting areas which will be
fully landscaped;
2. to reorganize the existing parking lot to improve
traffic circulation, emergency vehicle access and
increase available parking space;
3. to upgrade the access between the proposed site
and Shelburne Road.
The proposed building expansion, if viewed by itself, is an
undesirable addition to this site and would warrant denial.
However, if coupled with the improvements generally
described above and if such improvements are fully and
properly constructed and continuously maintained during the
life of this project, the net result will be an improvement
of this site. This represents a discretionary balancing of
considerations by this Planning Commission. In exercising
this discretion, the Planning Commission has assumed strict
compliance with all terms and conditions of this approval.
The Planning Commission has further assumed that any
ambiguities will be resolved in favor of an interpretation
that would enhance the appearance of this property and
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alleviate existing unsafe conditions regarding traffic
circulation on the site.
With these general comments, the Planning Commission
imposes the following specific conditions on the
construction and operation of this project.
1. Applicant shall construct this project in strict
accordance with a plan entitled "Site Layout W/30' Fire
Lane, South Burlington Factory Outlet, Shelburne Road,
South Burlington, Vermont", prepared by Wiemann-
Lamphere, Architects, dated November 18, 1987, last
revised September 20, 1988. Parking along the north
and south boundaries of the project site shall be
constructed in accordance with the alternate layout
(parallel parking) shown of this plan. Parking along
the western boundary of the site shall be constructed
in accordance with the alternate layout creating
standard sized parking spaces. While not shown on the
above -stated plan, it has been represented and it is
understood by the Planning Commission, that the
proposed building improvements include the construction
of a 4,000 square foot mezzanine which will be located
entirely within the exterior walls of the building
shown of the above -stated plans.
2. The Applicant shall construct and maintain
landscaping improvements as shown on a plan entitled
"Landscape Plan, South Burlington Factory Outlet,
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Shelburne Road, South Burlington, Vermont", prepared by
Wiemann-Lamphere, Architects, dated August 29, 1988,
last revised September 20, 1988. Where landscaping and
planting is to occur within areas presently covered
with asphalt or concrete, Applicant shall remove such
material, as well as any subbase and install suitable
and appropriate soil to support growth of the proposed
vegetation. Applicant shall post a $26,000.00 three
year landscaping bond prior to issuance of a building
permit. The approved landscaping shall be continuously
maintained throughout the life of this project.
Because of the importance of these landscaping
improvements to the approval of this project, failure
of the Applicant to comply with this condition shall be
full and adequate justification for the City to seek an
injunction prohibiting the use of the building
improvements authorized hereby.
3. Applicant shall pay $2,978.00 to the Shelburne
Road intersection improvement fund prior to the
issuance of a building permit.
4. Applicant shall construct concrete curbs in
accordance with City standards between all paved areas
and all areas to be seeded or mulched as shown on the
above -referenced Site Layout Plan.
5. Applicant shall submit a suitable bond in an
amount to be determined by the City Engineer for the
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cost of constructing improvements at the proposed
intersection of Shelburne Road and the driveway access
for this project prior to issuance of a building
permit.
As recommended in the "Traffic Systems Management
Study", prepared by J.H.K. & Associates, dated June,
1987, the improvements shall include dual left turn
lanes out of the Factory Outlet and split phasing for
the approaches from both shopping centers. A new
controller shall also be installed which is operated in
semi -actuated fashion with an overlap of the phasing
for the lefts from Route 7. This will permit early
release of northbound throughs which are opposed by
light southbound lefts. A bond shall be posted for
these improvements prior to permit in an amount
determined by the City Engineer. The J.H.K. study set
the amount for all these improvements at $80,000.00.
6. All parking areas and travel lanes shall be kept
free of snow. This approval specifically disallows any
snow storage on this site in any parking areas or
travel ways. Applicant has represented that it will
remove snow to property located southeast of this site.
Applicant shall promptly notify the Planning Commission
of any change in these plans for snow removal and
submit a new plan for snow removal for approval by the
Planning Commission.
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7. If strictly applied in this case, the City Zoning
Regulations would require the provision of 729 parking
spaces for this project. The Planning Commission has
approved this project with the provision of only 619
parking spaces based upon a parking capacity study
submitted by the Applicant. This study was based on
this site containing no more than 121,000 square feet
of gross leasable space. In spite of the information
submitted by the Applicant, the Planning Commission
continues to have serious concerns about the adequacy
of the proposed parking for this project. To address
these concerns the Planning Commission will require
strict compliance with the following conditions:
(a) At no time shall Applicant lease more than 121,000
square feet of space within the principal building
constructed on the site. Upon completion of
construction of the building improvements,
Applicant shall deliver to the City Planner an "as �,z
built" plan showing the interior of the building
and identifying all space within the building
available for lease. If the as built plans for
this project identify any space in excess of
121,000 square feet available for lease, the City
may seek to enjoin the use of the building
addition authorized by this approval until such
space is removed.
C.
(b) This approval specifically disapproves the lease
or licensing of any common area space on a
permanent or temporary basis. It is the intent of
this condition to prohibit the observed practice
of allowing the location of Kiosks and temporary
retail stands within the common areas of the
Factory Outlet during certain times of the year.
The two pre-existing Kiosks shall be shown on the
"as -built" plans and are exempted as long as they
are included in the calculation of the maximum
allowed 121,000 square feet of G.L.A.
(c) Applicant has disclosed to this Commission that up
to 100 parking spaces located on its property are
available for use by adjoining properties during
designated times. See Condition #3 in Warranty
Deed of Thomas A. Farrell to Garden Way
Incorporated, dated June 30, 1981, recorded in
Volume 175 at Page 42 of the City of South
Burlington Land Records. Applicant has provided
the Commission information that the use of these
parking spaces by adjoining properties will not
conflict with the needed use of these spaces by
the Factory Outlet facility. Based upon this
information, the Planning Commission has
determined that these parking spaces are available
to meet the increased parking demand created by
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the proposed addition. If these spaces should
cease to be available to the Applicant to meet the
parking requirements of this project, the Planning
Commission may direct Applicant to take
appropriate measures to mitigate this reduction in
parking. Such measures may include, but are not
limited to, requiring Applicant to hire parking
lot attendants to regulate circulation within the
parking lot or requiring Applicant to reduce the
amount of area under lease within the building.
Because this project was approved primarily to
obtain the benefit of additional landscaping and
improved traffic circulation on site, the measures
available for mitigation of this reduction in
parking shall not include any reduction in
landscaped area or the width of traffic
circulation lanes approved in connection with the
requested building expansion.
(d) Upon expiration of Condition #3 in the above -
referenced Warranty Deed from Farrell to Garden
Way, Applicant shall not, without the prior
approval of the Planning Commission, enter into
any agreement or in any way authorize the use of
parking spaces within its property for any use
other than parking for its own property. The
expiration of Condition #3 shall not be deemed or
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interpreted to create additional parking space
available for this project since the parking
spaces addressed by Condition #3 have already been
included in the required parking for this project.
(e) Because of its continuing concern with the
adequacy of parking for this site, the Planning
Commission will closely monitor parking on the
site for three years following the date that the
building improvements authorized by this approval
are opened to the public. The Planning
Commission, with the assistance of the City
Planner and the Chittenden County Regional
Planning Commission, shall determine the frequency
of parking lot utilization counts. Applicant will
be responsible for payment of all costs associated
with the taking of required parking lot counts. In
addition, upon request by the City Planner, the
Applicant shall provide the City Planner
verifiable records regarding the amount of space
under lease on the dates of the required counts.
(f) If, during the life of this project, the
Planning Commission determines that unreasonable
traffic congestion or unsafe traffic conditions
are occurring on this site, it may direct
Applicant to impose measures to mitigate such
conditions. Such measures may include those set
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forth in subparagraph C above and shall exclude
those excluded in subparagraph C above.
8. Applicant has represented to the Planning
Commission that the lease with the existing bank shown
on the above -referenced Site Layout Plan expires in
1990. Applicant shall not enter into a new lease that
provides for the continuation of the existing drive
through facility. Upon expiration of the existing
lease, Applicant shall remove all pavement and concrete
from the drive through lane and the five parking spaces
shown to the east of the existing bank building and
reclaim such spaces with suitable landscaping.
Following expiration of the present lease, the existing
bank building shall only be leased for purposes of
providing a bank facility. If the existing building is
not leased as a bank facility, it will be removed and
the underlying area will be reclaimed with landscaping.
9. The traffic analysis for the impact of this
project on Shelburne Road assumed the completion of
Contract 1 of the Burlington Southern Connector
Project. The improvements within the scope of such
project are necessary for the maintenance of acceptable
levels of service on Shelburne Road. For this reason,
occupancy of the building shall not occur until
completion of Contract 1 of the Burlington Southern
Connector Project.
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(a) No building permit shall be issued prior to
January 1, 1989 due to the potential conflicts
caused by the loss of parking spaces during
construction and the typical high parking demand
during the holiday season.
10. All site improvements, including landscaping,
curbing, access lanes and parking areas, must be fully
completed before the building improvement authorized by
this approval may be opened to the public.
11. Applicant shall submit a final plat in mylar form
for final review and approval and signing by the
Chairman or Clerk of the Planning Commission and must
have said plat recorded within 90 days of the date of
this approval or this approval will be null and void.
12. This notice of decision and statement of
conditions shall be recorded in the Land Records in the
City of South Burlington and shall be binding upon the
Applicant and the Applicant's heirs, successors and
assigns.
Dated at South Burlington, Vermont this day of
SeptekmbL:5r, 1988.
heathcote.not
sfs #2
CHAIRMAN OF PLANNING COMMISSION
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