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HomeMy WebLinkAboutSD-93-0000 - Decision - 0981 Shelburne RoadPLANNING COMMISSION_ 14 September 1993 4. The revised final _pla_t plans shall Burlin ton Land�Records within 90 day and void. The plans shall be si ned Chair or Clerk prior to recording, T prior to issuance of a zonin /buildin prov_ements__ be recorded in the South s or this approval is null b_the Planning Commission he plans shall be_ recorded q permit for the bank im- Mrs. Maher seconded. Motion passed unanimously. 7. Public Hearing: Continued Preliminary Plat application of Han- naford Brothers Company for a 12 building planned commercial de- velopment consisting of a new 64,000 sq. ft. supermarket, new 107,806 sq. ft. department store, 79,740 sq. ft. of new retail space, a new 95 room hotel, a new 6,000 sq. ft. restaurant, a new 2500 sq. ft. bank with drive -through service, an existing6014 sq. ft. restaurant and existing 6150 sq. ft. fast food restaurant with drive through service, on 41.9 acres of land, Southland, Shelburne Rd: Both Mr. Austin and Mr. Sheahan stepped down due to potential conflicts of interest. The oath was administered to all giving testimony in this matter. Mr White noted the Commission had asked them to go to the Agency of Transportation and have them sign off on the project. They have done this. They have narrowed the scope of potential traffic issues. One issues has not been resolved: queuing lengths between K-Mart and Brewer Parkway and the proposed entrance to the south. Mr. White said their studies show this works, but the Agency of Transportation wants the access moved to the south as close as possible to Red Lobster. Mr. Craig noted there are some minuses to moving the entrance to the south, namely that it would no longer line up with Laurel Hill Sotuh. There is also a question of the Burger King access. Mr. Weith noted it would also not meet the requirement of space between pcd entrances and a signalized intersection. Mr. Burgess said he wasn't sure the state's and the city's objective are the same and there may be a "catch 22" if the state insists on this and the city doesn't want it. Ms. Peacock noted there are a lot of high traffic generators being proposed. Mr. White said the state says the road can handle this. Mr Craig said he would like an independent traffic analysis. Ms. Peacock said she didn't think it will work. She noted there are already people in the right lane at Holmes Rd. because they know they will get squeezed later on. She felt the same thing would happen here. Mr White noted there would be a dedicated left turn lane here which doesn't exist at Holmes Rd. PLANNING COMMISSION 14 SEPTEMBER 1993 page 7 Mr. White suggested the Commission approve the plan and let the applicant try to get state approval. Mrs. Maher said she didn't envision any more accidents because of this plan. Mr. Burgess asked what the applicant anticipates full build -out. Mr. White said two to three years. They want to build as soon as possible. Mr. Craig felt the Shelburne Rd. project would eventually solve the problems. Mr. Crai moved the Commission a rove the Preliminary Plat ap- plication_of Hannaford Brothers Company for 1) subdivision of 41.9 acres of land into three lots of 1.8 acres (existing�Red Lobster Restaurant), 1.6 acres (existing Burger King restaurant), and �38.5�acres, and 2) constructin�a a ten b_ui_l_din_g planned commercial development on the 38.5 acre lot consisting of a 64_,00_0 sq.4ftt.. supermarket, 107,806 so. ft. de_artment�store, 79,740 sq.�ft. of retail space, a 95 room hotel, a 6000 sq. ft. restaurant, and a 2,500 sq. ft. bank with drive-throuqh service, as depicted on a thirteen page set of plans, -page on entitled "Southland, A Planned Commercial Develo ment By Hannaford Bros. Co.," prepared b_Fitzpatrick-Llewellyn,_Inc, and _dated April_ 19_, 1993, and as depicted on a six page set of plans, age oneone en- titled_ "Site Plan, Southland, South Burlin ton, Vermont," pre- pared by_Dunn Associates and dated 1 14/93 ,last revised 4%12/93, with the followin stipulations: 1. Anyorevious approvals and stipulations affec_ti_n_g _the__subject property which are not superseded_ by thisapproval shall remain in effect. 2. All lighting to be installed on private property shall be downcastia and shielded so as not to cast�liht beyond the property line_. Any ch_ ante in�lightiinq-shall be approved by -the_ City Planner prior to installation. 3. Prior to issuance of a�zoni building permit, -the applicant shall enter into an agreement with the City whereby_ the a_p_plica_nt agrees to ay the maintenance, repair and replacement costs as- sociated _with the proposed street li�ghtin�W�This agreement_ s_hall_ remain in effect for-a__period of ten years. 4. Prior to issuance of a zonin /building permit, the applicant shall _post a landscape bond to cover the installation cost and value of proposed street trees and site landscaping- The bond shall remain in effect for three years o�assure that the planted landscapingi1as taken root and has a ood chance of surviving._ - - - - - -- -- - - - taken 4 Y 4 - - - - -�� . r r_.n._ - - -�---- - - PLANNING COMMISSION 14 September 1993 The amountofthe bond shall be determined at final plat. 5. This_approval is�contin ent on_the =rovalof a revised final plat for the -adjoining pr.Op�rtuto the south (L&M Park) showinq the proposed relocated Fayette Road r.o.w.WWThe sketch�pla f_na�W pication for the L&M Park revised�final�p at�shall�be submitted prior to submittal ofWa final plat�application Wfor this develop- ment. 6. In order for_ the Commission to find that theW2r2posed develop ment will not cause unreasonable _hiqhway congestion or unsafe c_onditions with respect to use of the_higaysf the_a,pp cant hw shall be responsible for the following: a) Install signal and construct improvementse pr _ to tho'ect access_ with_ Route 7 as shown on the plans The signal shallWin- clude a pedestrian phase. W b) Construct "short term" improvements to the Route 7 intersec- tions with �Green WMountain Drive and Allen Road as shownin Figures 9 and 10 of the traffic impact report_ entitled "Traffic "Evaluation for Southland Planned Commercial Development: reoared by Lamoureux & Stone and dated 4/16/93. Detailed plans showin these improvements shall be submitted �prior �to final ELat- c) Prior to the start of construction or issuance of a zoniinq/ buildin2_2ermit, the applicant shall submit to the Cit a letter from the_VAOT aprovinthe improvements_ referenced in a)andb) above. Such improvements shall be completed prior to occu and of the first building._ d) The ortionof Fayette Drive on L&M Park property as shown on Sheet #7 of theY_plans shall becomplete prior to occupancy of the first building. e) Contribute a fee to the Shelburne Road Intersection Improve ment Fund. The amount of the conbtribution shall be determined atFinal Plat. - ----�---------- - - - - --- - - - - ----------------------- - -------�- f) Work with CCTA to construct -a bus transfer station within the development. q) Become_ a formalWparticipating `-mo^:` of the Shelburne Road Corridor Trans ortation Mana ement Association.�WThe a licant shall submit evidence to the Cit rior to issuance of a _z_onin shall submit ----___- --- - ----- y p--- --- - -- --- building permit which shows compliance with this reau_irement. 7. Prior to issuance of a _zoning/buildingpermit or start_ of roadway or utility construction, all a ro riate le al documents PLANNING COMMISSION 14 September 1993 gage 9 - including -easements -(ems. utility, sewer, drainage-, water, re- creation —path, etc)androadway r.o w.'s�(irrevocable offer of dedication) sha_1.1_ be submitted to the Cit_ Attorney for approval and recorded in the South Burlin ton Land Records. 8. Prior to recording the final _plat plans, -a- "Notice �of_ Condi- tion" shall be recorded in the land records which identified this -------------------------------------------- ----------------------------- ------------------ ----- entire development as a planned commercial development (PCD) and which he�ally toes all the lots in this development into one PCD for all �lannin�,�zonin and subdivision purposes. The "Notice of Condition" shall be approved by the City Attorney�_prior�to re- cording. This condition shall not a� _ppto the Red Lobster and Burger Kin2�lots which are considered separate, stand-alone lots from the PCD. - 9. Prior to final plat submittal, the plans shall be revised to show the following a) the c a_ e f the bic 60' r.o.w. hotel cano cle parkin Fayette Road all finished located west of Fayette Road removed. v not extendinq into the public r.o.w. and stora e nstead of Fayette Drive contours_ sidewalks aionq both sides of Martins Drive continuous across driveways q) additional hydrant and 10" water main as recommended by the Fire Chief y �� h) maximum 20' hi h lighting fixtures for all fixturesto be__ located east of a ette Road. 10. Prior to issuance of a zonin /building permit or start_ of roadway or _utility construction, bonds to cover_ the costs of road_ way, utility, and sidewalk _construction_ shall be st_ed_. The amount of the bond shall be approved by the City Engineer. 11. The applicant shall_ be responsible_ for r ma_in_t_ai_nin the new street_ until such time as the street and r.o.w. is acce ted and taken over by the Cites 12. A sewer allocation of 32, 255 gpd is�granted --- However, due to an unavailability of sewer capacity at the Bartlett Bay Treatment Faci_lit__y, onLy-12,758_a2d is available at this time. The remain- j22__L4,49Z__2pd shall be placed on a waitincj-list. A zoning/ building__permit u`i lizi ng 14, 4.97 gpd shall not be issued until_ such time as capacity is available as determined b2L�the City Planner. - - - - - - -- --- --- 13. The developer shall furnish to the City, at least 7__days prior to be inning of road construction, the name of the con- tractors doin2_the street and utility work and the architect and/ PLANNING COMMISSION 14 September 1993 page - 10 ----------- -- - or en ineer who will stake out and su ervise the work. 14. In accordance with section 301.5 of the subdivision re ula- tions within 14 days ofcompletion letion of re uired im rovements (e. , streets, water mains, sanitary sewers, storm drains, etc_) the developer shall submit to theCit En ineer "as -built" con- structiion drawin s certified by a registered en ineer. 15. The final plat plans includi _nq survey plat, shall be submitted within 12 months or this approval is null and void. Mrs. Maher seconded. Motion asked 3-1 Ms. Peacock votiing against. ---- --- Mr. Austin and Mr. Sheahan rejoined the Commission. 8. Site plan application of Ralph Goodrich for construction of a 26,000 sq. ft. buidling for general office use, 625 Hinesburg Rd: Mr. Burgess stepped down during this discussion due to a potential conflict of interest. Mrs. Maher presided. Mr. Weith reviewed the history of the application. The Planning Commission has determined the property lies in Traffic Overlay Zone 1 which limits the number of trip ends for a development. The proposed project exceeds this number. The applicant then withdrew the application and went to the Zoning Administrator who agreed with the Commission as to the overlay zone. The applicant then appealed to the Zoning Board to try to get them to say the project is in zone 5. The Zoning Board has not made a decision and has requested a traffic study which the applicant has given them. The City Attorney's opinion is that Section 22.105 is the ruling section, which upholds what the Planning Commission has stated. Mrs. Maher asked why the Zoning Board postponed action again. Mr. Weith said they want the Commission to look at new evidence to see if that changes their minds. Mr. Craig questioned why the Zoning Board wanted a traffic study if they were asked only which overlay zone the project falls in. Mr. Webster said the Traffic Study was reviewed by Regional Planning. The Zoning Board folt it should be looked at to see what the "intent" of the ordinance was since the "letter" couldn't be determined. They also felt the Planning Commission should look at "intent." Mrs. Maher read the applicable language from the Ordinance. Mr. Trudell said new evidence shows it doesn't matter where you mneasure from. The intent is what traffic does to the inter- section. He said it doesn't matter if you're in zone 1 or 5.