HomeMy WebLinkAboutSD-01-70 - Decision - 0516 Shelburne Road#SD-01-70
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Y
Re: Final plat application #SD-01-70 of Acadia Realty Trust to amend a previously
approved planned unit development consisting of a 98,970 square foot shopping center in
two buildings. The amendment consists of increasing the size of the two (2) buildings by
1,814 square feet for a total of 100,784 square feet, 516 Shelburne Road.
On the 22°d of January 2002, the South Burlington Development Review Board approved
the request of Acadia Realty Trust seeking final plat approval under Section 204 of the
South Burlington Subdivision Regulations based on the following findings:
1) This project consists of amending a previously approved planned unit development -
consisting of a 98,970 square feet shopping center in two (2) buildings. The amendment
consists of increasing the size of the two (2) buildings by 1,814 square feet for a total of
100,784 square feet, 516 Shelburne Road. This property was last reviewed by the DRB
on August 21,2001
2) The owner of record is Acadia Realty Trust.
3) This is a redevelopment of Mall 189 with a new Shaw's Supermarket. This property is
located at 516 Sherburne Road, and lies within the C 1 and CO District. it is bounded on
the north by a retail building (Ben Franklin), on the east by the O'Dell Parkway project,
on the south by the I-189 off ramp, and on the west by Shelburne Road.
4) Coverage: Building coverage is 23.70% (maximum allowed is 30%). Overall coverage
is reduced from 86.5% to 86.4% (maximum allowed is 70%). The front yard coverage
along Farrell Street is 75% and along Shelburne Road is 36% (maximum allowed is
30%), no change in front yard coverage from last approval.
5) Parking: Required parking is 504 spaces. Proposed are 486 spaces. This total is 18
spaces or 3.6 % short of the required 504. The last approval granted a 9 space of 1.8%
waiver. Staff had no problem with granting this waiver.
6) Lighting: The applicant is requesting an increase in lighting. The previous approval
was for 26 / 250 watt metal halide lamps (minutes enclosed). The proposal is for 75 /
250 watt metal halide lamps. The 100 watt metal halide lamp count remains the same at
13 ( fixture D). The point by point lighting plan shows an average greater then 3 foot
candles for the parking area, storefront road and entry from Route 7. The City's
regulations allow a maximum average of 3 foot candles. Staff recommended the
lighting plan be revised to reflect an average of no greater than 3 foot candles. The
lighting plan should only show points on the property.
Other: Sheet # 5 is misleading and should be either removed from this approval of revised
to reflect items in the current proposal.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves final plat application #SD-01-70 of Acadia Realty Trust to amend a planned
unit development consisting of a 98,970 square foot shopping center in two buildings.
The amendment consists of increasing the size of the two (2) buildings by 1,814 square
feet for a total of 100,784 square feet, 516 Shelburne Road., as depicted on a thirteen (13)
page set of plans, page 2 entitled "The Gateway Route 7 South Burlington, VT
Landscape Plan" prepared by O'Leary -Burke Civil Associates, dated 7/25/01 with a
revised date of 12/10/01, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The plat plans shall be revised to show the changes below and shall require approval
of the Director of Planning and Zoning. Four (4) copies of the approved revised plat
plans shall be submitted to the Director of Planning and Zoning prior to recording.
a) The final plat plan (lighting plan) shall be revised to reflect an average of no
greater than three (3) foot candles and show only points on the property.
b) The final plat plan (sheet #5) shall be removed from the set of plans or revised to
reflect the current proposal.
3) The Development Review Board, pursuant to Section 26.256 (b) of the zoning
regulations, approves a total of 486 spaces, which represents an 8 space or 3.6%
shortfall.
4) Any change to the plat plans shall require approval by the South Burlington
Development Review Board.
5) The final plat plan (sheet 2) 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.
C r or Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. 7'he fee is
$150.00. 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 V.S.A. § 4472(d)
(exclusivity of remedy, finality).
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