HomeMy WebLinkAboutSD-01-04 - Decision - 0516 0560 Shelburne Road# SD-01-04
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-01-04 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 75,667 square foot portion of the building, 2) constructing a 65,000
square foot addition resulting in a total square footage of 119,774 square feet, and 3) minor boundary
adjustments with adjoining properties, 516 Shelburne Road.
On the 20th of February, 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 75,667 square
foot portion of the building, 2) constructing a 65,000 square foot addition resulting in a total
square footage of 119,774 square feet, and 3) minor boundary adjustments with adjoining
properties, 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. The site circulation system raises one concern that
staff has addressed with the applicant related to the alignment of curb cuts onto Farrell Street.
The applicant presented the Director with a revised design for the curb cut pedestrian crossings
and curb bump -out that should be incorporated into the approved design.
5. Coverage/setbacks: Building coverage is 28.2% (maximum allowed is 30%). Overall coverage
is being reduced from 92.8% to 89.9% (maximum allowed is 70%). Front yard coverage along
Shelburne Road is being reduced from 75% to 62.7% and front yard coverage along Farrell
Street is 67.5% (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 may modify this requirement under Section 12.406(b) of the zoning
regulations. At preliminary plat, staff recommended that this front yard setback be waived
provided the applicant designed the north end of the building to provide a strong pedestrian and
human scale connection to the public street as recommended by the Design Review Committee.
The applicant has revised the elevations for the north end of the building and staff
recommended that the Board modify the front yard coverage along Farrell Street if the Board is
satisfied that the north end of the addition provides a strong pedestrian and human scale
connection to the public street.
6. Building_ Height: The proposed addition is a flat roofed structure which has a maximum
permitted height of 35 feet. It will be constructed with a maximum height of 45 feet. Section
25.113c of the Zoning Regulations allows the Board to approve a non-residential structure in
excess of the limitation, provided the Board determines that a taller structure:
(1) will not affect adversely the essential character of the neighborhood or district in which
the property is located;
(ii) will not detract from important scenic views from adjacent public roadways and other
public rights of way.
Section 26.113 of the Zoning Regulations requires a taller structure to have increased setback
requirements. The additional setback required along O'Dell Parkway is not being met (see
discussion under setbacks). At preliminary plat, the Board recommended that the applicant
redesign the north end of the building to provide a strong pedestrian and human scale connection
to the public street as recommended by the Design Review Committee. The applicant has
revised the elevations for the north end of the building and staff recommended that the Board
approve the height waiver as the north end of the addition now provides a strong pedestrian and
human scale connection to the public street.
7. Parking: A total of 599 spaces are required and 572 spaces are provided including 13
handicapped spaces. This represents a 27 space or 4.5% shortfall. This waiver was granted as
part of the preliminary plat approval. 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 Serviceberry, Maple, Ash, Spruce, Burning Bush,
Spirea, and Yew.
9. Traffic: The applicant submitted a traffic impact analysis with the preliminary plat application.
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This study concluded that the reduction in overall size of the shopping center will result in zero
(0) additional P.M. peak vte's.
10. Sewer: This property is connected to the City of Burlington sewer system.
11. Lighting: Exterior lighting consists of the following:
- Twenty-seven 250 watt metal halide lamps mounted on 20 foot poles
- Four 250 watt metal halide lamps mounted on 15 foot poles
- Fourteen 100 watt metal halide building mounted lamps
- Twenty-four 70 watt building mounted metal halide
The Director of Planning and Zoning reviewed these lights and found them to be acceptable with
the exception of the building mounted lights. The Director recommended that two 70 watt lights
be added to the eastern end of the north fagade of the building so as to provide adequate and
even lighting across the northern fagade. 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.
13. Other: A survey plat stamped by a licensed land surveyor must be submitted. In addition, the
name of O'Dell Parkway should be changed to Farrell Street.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
final plat application #SD-01-04 of Acadia Realty Trust to amend a previously approved planned unit
development consisting of a 1.30,441 square foot shopping center. The amendment consists of:1) razing
a 75,667 square foot portion of the building, 2) constructing a 65,000 square foot addition resulting in a
total square footage of 119,774 square feet, and 3) minor boundary adjustments with adjoining
properties, 516 Shelburne Road, as depicted on a 15 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 1/15101, with the following stipulations:
1) All previous approval and stipulations which are not superseded by this approval shall remain in
effect.
2. The plat plans shall be revised to show the changes listed below and shall require approval of the
Director of Planning & Zoning (hereinafter Director). Four (4) copies of the approved revised plat plans
shall be submitted to the Director prior to recording.
a) The plans shall be revised to realign the curb cut, pedestrian crossings, and curb bump -out
on Farrell Street with the Ben Franklin access as discussed at the meeting.
b) The landscaping plans shall be revised to substitute a mixture of tree species for the 100
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proposed green or white ash in coordination with the City Arborist.
c) The landscaping plans shall be revised to substitute river birch for the proposed paper birch
trees.
d) The plans shall be revised to relocate the proposed Fraxinus Americana "Empire" trees
along the east side of the parking lot further back from the edge of the lot in coordination
with the City Arborist.
e) The plat plans shall be revised to include a survey plat of the property stamped by a licensed
land surveyor.
f) The plat plans shall be revised to add two (2) 70 watt building mounted lights to the eastern
end of the north facade.
g) The plat plans shall be revised to change the name of the street from O'Dell Parkway to
Farrell Street.
3) 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.
4) 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 obligation hereunder shall be conditioned upon issuance of all local permits or other
approvals required for improvement of Farrell Street, and shall be performed in accordance with all such
local permits or other approvals. Applicant shall provide to the City a performance bond sufficient to
secure its obligations hereunder.
5) 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 67.5%.
6) 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.
7) The Development Review Board, pursuant to Section 26.256(b) of the zoning regulations, approves a
total of 572 spaces which is a 27 space or 4.5% shortfall. It is the Board's opinion that adequate parking
will be available.
8) 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.
9) The Development Review Board, pursuant to Section 25.113(c) of the zoning regulations, approves
the addition at 45 feet in height. It is the Board's opinion that this taller structure will not adversely
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affect the essential character of the neighborhood or district in which this property is located nor will it
detract from the important scenic views from adjacent public roadways and other public rights -of -way.
10) 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.
11) Trees shall not be planted on top of water and sewer mains.
12) The poured concrete shelf in sewer manholes shall be for the entire diameter of the sewer pipe.
13) Drainage pipe shall be plastic or concrete, not metal or aluminum.
14) Concrete sidewalk base material shall be gravel. Thickness shall be eight (8) inches minimum.
15) The base material for bituminous pavement may be recycled crushed cement concrete or bituminous
concrete.
16) The building shall be sprinklered and include a fire alarm.
17) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to the use of the addition.
18) Any change to the plat plans shall require approval by the South Burlington Development Review
Board.
19) 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. Prior to recording the final plat plans, the applicant shall submit
a copy of the survey plat in digital format. The formal of the digital information shall require approval of
the Director.
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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