HomeMy WebLinkAboutSD-01-45 - Decision - 0516 0560 Shelburne Road#SD-01-45
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-01-45 of Acadia Realty Trust to amend a previously
approved planned unit development consisting of a 130,441 square foot shopping center. The
amendment consists of 1) razing a 114,771 square foot portion of the building, 2) constructing an 83,328
square foot building, and 3) constructing a 3,000 square foot addition to the remaining portion of the
building resulting in two (2) buildings with a total square footage of 98,470, 516 Shelburne Road.
On the 21 st of August, 2001, the South Burlington Development Review Board approved the final
plat application of Acadia Realty Trust under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
This project consists of amending a previously approved planned unit development
consisting of a 130,441 square foot shopping center. The amendment consists of: 1) razing a
114,771 square foot portion of the building, 2) constructing an 83,328 square foot building,
and 3) constructing a 3,000 square foot addition to the remaining portion of the building
resulting in two (2) buildings with a total square footage of 98,470, 516 Shelburne Road.
2. The owner of record is Acadia Heathcote, LLC.
3. This property located at 516 Shelburne Road lies within the C 1 and C.O. Districts. It is bounded
on the north by a retail building and restaurant, on the east by undeveloped land (currently
proposed for development), on the south by the I-189 off -ramp, and on the west by Shelburne
Road.
4. Access/circulation: Access is provided by one (1) 40 foot curb cut on Shelburne Road and a
shared r.o.w. (Farrell Street) which runs along the north side of the property. Three (3) curb cuts
are proposed on Farrell Street (formerly O'Dell Parkway). The applicant will be required to
upgrade Farrell Street from Shelburne Road to the northeast corner of the property to City
standards (including street lights). The design details for the upgrading should be the same as
was approved for the O-Dell Parkway P.U.D. Circulation on the site is adequate.
5. Coverage/setbacks: Building coverage is 23.3% (maximum allowed is 30%). Overall coverage
is being reduced from 92.8% to 86.5% (maximum allowed is 70%). Front yard coverage along
Shelburne Road is being reduced from 75% to 36% (maximum allowed is 30%). The front yard
coverage along Farrell Street will increase from 67.5% to 75% (maximum allowed is 30%). The
Board may modify the front yard coverage along Farrell Street under Section 12.406(b) of the
zoning regulations.
Setback requirements are not being met for the addition. It is proposed to be 15 feet from the
Farrell Street r.o.w. Farrell Street is designated as a future street which has a 40 foot setback
requirement. The Board previously modified this setback requirement to 15 feet in their
February 2000 approval. The modification of the standards was based on the elevations of the
proposed addition which were deemed to provide strong pedestrian and human scale connection
to the public street as recommended by the Design Review Committee. The applicant submitted
elevations of the proposed addition. Material changes have been made and a height waiver is no
longer requested. The proposed materials will be a rusticated block on the bottom level and
clapboards on the upper level of the north fagade. The diversification of materials will help to
break up this northern wall in much the same manner that the faux windows previously approved
were intended to.
6. Building Height: The proposed addition will not require a height waiver.
7. Parking: A total of 495 spaces are required and 486 spaces are provided including 19
handicapped spaces. This represents a 9 space or 0.8% shortfall. A bike rack is being provided
as required.
8. Landscaping: The minimum landscaping requirement, based on building costs is $77,500 which
is being met. Proposed plantings include: Maple, Ash, Pear, Birch, Spruce, Pine, Burning Bush,
Spirea, and Yew
9. Traffic: The applicant submitted a traffic impact analysis with the preliminary plat application.
This study concluded that the reduction in overall size of the shopping center will result in zero
(0) additional P.M. peak vtes.
10. Sewer: This property is connected to the City of Burlington sewer system.
11. Lighting: Exterior lighting consists of the following:
- 10 250 watt metal halide lamps mounted on 23 foot poles
- 16 250 watt metal halide lamps mounted on 23 foot poles
- 13 100 watt building mounted metal halide
The Director of Planning and Zoning has reviewed these lights and found them to be acceptable
with the pole mounted lights. The Director recommends that the pole mounted lights be reduced
to 20 feet in height. All lights must be downcasting and shielded. Any changes to the lights
shall require approval of the Director prior to installation.
12. Dumpster: All dumpster/compactor storage areas are labeled and screened.
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13. Other: Sound barrier fences were proposed between the loading areas ofthe shopping center and
the adjacent residential area.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
final plat application #SP-0145 of Acadia Realty Trust to amend a previously approved planned unit
development consisting of a 130,441 square foot shopping center. The amendment consists of: 1)
razing a 114,771 square foot portion of the building, 2) constructing an 83,328 square foot building,
and 3) constructing a 3,000 square foot addition to the remaining portion of the building resulting in
two (2) buildings totaling 98,470 square feet, 516 Shelburne Road, as depicted on a 17 page set of
plans, page two (2) entitled, "The Gateway Route 7 South Burlington, VT Site Plan," prepared by
O'Leary - Burke Civil Associates, PLC, dated 12/6/99, last revised on 7/25/01, with the following
stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. Prior to issuance of a zoning permit, the applicant shall post a $77,500 landscape bond. The bond
shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance
of surviving.
3. The applicant shall upgrade Farrell Street (formerly O'Dell Parkway) from Shelburne Road to the
northeast corner of the property to City standards. The design details for the upgrading shall be the same
as was approved for the O'Dell Parkway P.U.D. The applicant shall bear the expense of improving
Farrell Street from the easterly sideline of Shelburne Road to the northeast corner of applicant's property.
Applicant's road construction obligation hereunder shall be conditioned upon issuance of all final state
and local permits or other approvals required for improvement of Farrell Street and obtain resolution of
all pending or future appeals of such permits and approvals, and shall be performed in accordance with
all such state and local permits or other approvals. Applicant shall provide to the City a performance
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bond sufficient to secure its obligations hereunder.
4. The Development Review Board, pursuant to Section 12.406(b) of the zoning regulations, modifies
the front yard coverage along Farrell Street such that it does not exceed 75%.
5. The Development Review Board, pursuant to Section 26.406(b) of the zoning regulations, waives the
front yard setback requirement for the addition and allows it to be 15 feet from the Farrell Street r.o.w.
6. The Development Review Board, pursuant to Section 26.256(b) of the zoning regulations, approves a
total of 486 spaces which is a 9 space or 1.8% shortfall. It is the Board's opinion that adequate parking
will be available.
7. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the
Development Review Board estimates that the reduction in overall size will generate zero (0) additional
vehicle trip ends during the P.M. peak hour.
8. The relocation and water mains shall be reviewed and approved by the Water District. Any and all
proposed changes to the water supply system shall be constructed as per the "Specification and details
for the installation of water lines and appurtenances for all water distribution systems owned by the
Champlain Water District, the City of South Burlington, and the Village of Jericho" manual, published
January 2001, unless otherwise specified by the Water District.
9. The applicant shall comply with the requirements of the South Burlington Water Department as
outlined in a letter dated 8/13/01 from Jay Nadeau to O'Leary -Burke Civil Associates.
10. Trees shall not be planted on top of water and sewer mains.
11. Concrete sidewalk shall have a minimum width of five (5) feet.
12. The new sanitary sewer line shall be bedded in % inch crushed stone.
13. The building shall be sprinklered and include a fire alarm.
14. All new exterior lighting shall consist of downcasting and shielded fixtures. Any change to approved
lights shall require approval of the Director prior to installation. The pole mounted lights shall be
reduced to a maximum of 20 feet in height and so noted on the plans.
15. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to the use of the new building and addition.
16. Any change to the plat plans shall require approval by the South Burlington Development Review
Board.
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17. The final plat plans (survey plat and page 2) 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 Development Review
Board Chair or Clerk prior to recording.
Chair 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.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The 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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