HomeMy WebLinkAboutSD-99-85 - Decision - 0516 Shelburne RoadFINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat application of Acadia Realty Trust to amend a previously
approved planned unit development consisting of a 130,441 square foot shopping center, 516
Shelburne Road.
On the 18' day of January, 2000, the South Burlington Development Review Board approved the
preliminary plat application of Acadia Realty Trust under Section 203 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 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, and 3) minor boundary adjustments with adjoining properties. The
sketch plan was reviewed on 11/2/99.
2. 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 1-189 off -ramp, and on the west by
Shelburne Road.
3. Access/circulation: Access is provided by one (1) 40 foot curb cut on Shelburne Road and a
shared r.o.w. (O'Dell Parkway) which runs along the north side of the property. Three
(3) curb cuts are proposed on O'Dell Parkway. The applicant should upgrade O'Dell Parkway
from Shelburne Road to the north east corner of the property to City standards. 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.
4. Coverage/setbacks: Building coverage is 28.2% (maximum allowed is 30%). Overall coverage
is being reduced from 92.8% to 89.6% (maximum allowed is 70%). Front yard coverage along
Shelburne Road is being reduced from 75% to 62.7% and front yard coverage along O'Dell
Parkway is 67.5% (maximum allowed is 30%). The Board may modify the front yard coverage
along O'Dell Parkway 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
r.o.w. O'Dell Parkway 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. Staff
recommended that this front yard setback be waived provided the applicant designs 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.
5. 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. A bike rack is being provided
as required.
6. Ldscapina: 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.
7. Traffic: The applicant has submitted a traffic impact analysis. ITE estimates that no additional
vehicle trip ends (vte's) are expected due to the overall reduction in the size of the shopping
center. The report indicates that existing and future levels of service (LOS) at project
intersections appear to be adequate.
8. Sewer: This property is connected to the City of Burlington sewer system.
9. Lighting Exterior lighting consists of the following:
— 42 250 watt metal halide lamps with downcasting shielded fixtures mounted on 24
poles of 20 feet in height and four (4) poles of 15 feet in height.
10 100 watt building mounted metal halide lamps with downcasting shielded
fixtures.
The building elevation plans should be revised to show the building mounted lights.
10. 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
25.113(c) 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:
(i) 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). The applicant has not addressed the recommendations of the Design
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Review Committee or staff in terms of the design of the north end of the building. Staff
recommended that the height waiver and setback waiver not be granted until the applicant revises
the design of the north end of the building in accordance with the recommendations of the design
review committee. This building is going to have a significant aesthetic impact on the street and
therefore should be designed so that it relates well to the street and is of a human -scale.
11. Dumpster: All dumpster/compactor storage areas should be labeled on the plan and screened.
12. Other:
the zoning district boundary between the C.O. District and the C 1 District along
the interstate ramp is not accurately shown. The C.O. District extends 50 feet to
the north of the ramp. The plans should be revised accordingly.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
the prelinvnary plat application 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, as depicted on a 16 page set of plans,
page two (2) entitled, "The Gateway Route 7 South Burlington, VT Landscape Plan," prepared
by O'Leary - Burke Civil Associates, PLC, dated 11/16/99, with the following stipulations:
1) All previous approval and stipulations which are not superseded by this approval shall remain in
effect.
2) The plans shall be revised prior to final plat submittal as follows:
a) The building elevation plans shall be revised to show the building mounted lights.
b) The plans shall be revised to label all dumpster/compactor storage areas which
shall be screened. The type of screening proposed shall be noted on the plan.
c) The plans shall be revised to accurately show the location of the C.O. District
boundary line along the interstate ramp.
d) The plans shall be revised to show green space between the sidewalk and curb
along both sides of O'Dell Parkway west of the on -street parking.
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 enter into an agreement with landowners to upgrade 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 O'Dell Parkway 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
O'Dell Parkway, 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 O'Dell Parkway 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
O'Dell Parkway 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 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 Champlain 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
not .6 as plans show.
13) Drainage pipe shall be plastic or concrete, not metal or aluminum.
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14) Concrete sidewalk base material shall be gravel not sand as shown. 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 final plat application shall be submitted within 12 months.
6/— Chair or Clerk
South Burlington Development Review Board
Date