HomeMy WebLinkAboutSD-04-91 - Decision - 0570 Shelburne RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
NEEDLEMAN'S, INC. - 570 SHELBURNE ROAD
FINAL PLAT APPLICATION #SD-04-91
FINDINGS of FACT AND DECISION
Needleman's, Inc., hereafter referred to as the applicant, is seeking final plat approval to
amend a previously approved planned unit development consisting of a 107,254 square
foot shopping center in two (2) buildings. The amendment consists of adding 580
square feet of mezzanine space for a total of 107,834 square feet for both buildings, 570
Shelburne Road. The South Burlington Development Review Board held a public
hearing on February 1, 2005. Marc Needleman represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking final plat approval to amend a previously approved
planned unit development consisting of a 107,254 square foot shopping center in
two (2) buildings. The amendment consists of adding 580 square feet of
mezzanine space for a total of 107,834 square feet for both buildings, 570
Shelburne Road.
2. The owner of record of the subject property is Heathcote Associates.
3. The subject property is located in the Commercial 1 (Cl) Zoning District.
4. The plan submitted is entitled, "The Gateway Route 7 South Burlington, VT
Record Drawing", prepared by O'Leary-burke Civil Associates PLC, dated
10/21/99, last revised on 6/10/03.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The proposed project is utilizing an existing building and use, so the water supply and water
and wastewater demand will remain the same.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
This criterion is not applicable to the proposed project, as major construction work will not
be taking place.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
The proposed project will be located in an existing PUD and the applicant has not
proposed any alterations to the access points, circulation mechanisms, and/or traffic
management strategies.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
This criterion is not applicable to the proposed project
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
The proposed project is compatible with existing development in the Gateway Center
planned unit development.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
This criterion is not applicable to the proposed project.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The proposed project does not require review by the South Burlington Fire Chief.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
This criterion is not applicable to the proposed project.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
Staff believes that the proposed project is consistent with the goals and objectives of the
Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06 of the South Burlington Land
Development Regulations establishes the following general review standards for all site
plan applications:
The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
The proposed project is entirely within an existing building, so the relationship of the project
to the site and surrounding structures is not applicable.
The most recent Development Review Board approval for the subject property required that
the subject planned unit development contain .536 total parking spaces. However, the
applicant was granted a fifty (50) space, 9.33%, waiver, for a total of 486 parking spaces
Pursuant to Table 13-2 of the Land Development Regulations, the proposed addition will
require an additional three (3) parking spaces (5/1,000 square feet of GLA). The applicant
is not proposing any additional parking spaces. Thus, the total parking waiver for the
subject planned unit development will increase to fifty-three (53) parking spaces, or 9.83%.
The total parking spaces will remain at 486.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking for the proposed project is already in existence.
Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
The proposed project is completely within an existing building
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has already been noted that new utility lines must be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
The proposed project does not require any visual interpretation or review of architectural
materials.
Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
The proposed project does not require any visual interpretation or review of architectural
materials.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlinaton Land Development Reaulations:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
No additional access easements are required at this time.
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
It has already been indicated that new utility lines must be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
The proposed project does not involve a dumpster.
Landscaping and Screening Requirements.
The proposed project is completely within an existing building, so additional landscaping is
not required.
Traffic
The original planned unit development was estimated to generate 488 P.M. peak -hour trip
ends. Thus the property was grandfathered at that level of traffic generation. The current
planned unit development is smaller than the original, so the additional traffic created by
amendments is compared to the total traffic budget for the property of 488 P.M. peak -hour
trip ends.
The proposed addition will bring the total square footage on the subject planned unit
development to 107,834 square feet. According to the ITE, 71h Edition (LU: 820), the total
planned unit development, with the proposed addition, is estimated to generate 404.4
P.M. peak -hour trip ends. The proposed addition itself is estimated to generate 2.18
P.M. peak -hour trip ends.
�J p DECISION
Motion by mA�> oct� �� seconded by &q L - c
to approve Final Plat Application #SD-04-91 of Needleman's, I c., subject to the
following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
4. The Development Review Board grants the applicant a fifty-three (53) space, 9.83%,
parking waiver, for a total of 486 parking spaces.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. 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 Board Chair or Clerk prior to recording.
Chuck Bolton — e /nay/abstain/not present
Mark Boucher — e /nay/abstain/not present
John Dinklage — e nay/abstain/not present
Roger Farley —say/abstain/not ay/abstain/not present
Michele Kupersmith — yea/nay/abstain<
of presen
Larry Kupferman — e nay/abstain/not presen
Gayle Quimby — (ea ay/abstain/not present
Motion carried by a vote of & - O- O
Signed this l day of February, 2005 by
r
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).