Loading...
HomeMy WebLinkAboutSD-94-0000 - Decision - 0981 Shelburne Road (2)PLANNING COMMISSION 25 October 1994 page _' Mr. Goodrich asked for a continuance so staff can review the new plans. Mr. _TeesonnWmoved �to continue the application �to�15 November. Mr. Austin seconded. Motion �passedWunanimousIZ. Messrs. Burgess and Sheahan rejoined the Commission: 8. Public Hearing: Revised preliminary plat application of Han- naford Brothers to amend an approved preliminary plat for construction of a 10 building planned commercial development on a 38.5 acre lot consisting of a 64,000 sq. ft. supermarket, 107,806 sq. ft. department store, 79,740 sq ft. of retail space, a 95 room hotel, a 6000 sq. ft. restaurant, and a 2500 sq ft. bank with drive through service. The amendment consists of: 1) the approval of Fayette Rd. and Martin's Drive as private roads subject to detailed conditions and 2) consolidation of the proposed uses (e.g., supermarket, department store, retail, restaurant) into the single use category "Shopping Center," except for the hotel and bank which shall remain separate uses: Mr. Sheahan stepped down during this application due to a con- flict of interest. Mr. White said they are also asking that the super market not be in the Shopping Center category. The overall square footage will remain the same: 202,546 sq. ft. for the shopping center, 46,500 for the market, 8,500 for the future expansion of the market, 2,500 for the bank. Regarding the private roads issue, Mr. White showed the location and routes of the roads in question. They want the roads to be private because they are the lifeblood of the project and they are concerned with maintenance. The want the roads plowed earlier and more often than the city will get to them. They also want to mow more often in summer. The city hasn't the staff to keep coming through the development for maintenance. In addition, if the roads are public, there is an automatic subdivision and there cannot be a sign on one lot that adver- tises a business on another lot. Martins couldn't have a sign on Route 7 if the road were public. Mr. White said they had worked with the City Planner and City Manager and have a proposed agreement. The road would be built entirely to city specifications and could be inspected at all stages by the city. The road must be maintained to those standards with the city given the right to take over the road if it is not so maintained. PLANNING COMMISSION 25 October 1995 page 6 Mr. Austin suggested a warranty deed which would not be executed unless all avenues for remedy have been exhausted. Mr. Burgess reminded the Commission that it was the city that specifically said they did not want private roads any more. Mr. Hafter said the city agrees that roads should be public and said that this plan wouldn't have even been considered if the develop- ment were in a residential neighborhood. He said the reasons for wanting public roads are access, safety, future costs to the city, and emergency access. The proposed agreement addresses all of these issues. He did acknowledge that it was a "creative" way to solve a signage problem. Mr. Burgess said he would like to see the city have the right to continue and extend the private road. Mr. White said he had no problem with that. Mr. Austin felt a warranty deed was the way to get the best assurance and to keep the city from the expense of lawsuits in case the applicant defaults. Mr. White felt it sounded reason- able but would have to check on all the implications. Members felt that with adequate protection, they could consider the private roads. Mr. Teeson expressed concern with access to adjoining properties. Mr. Austin moved the PlanningCommission__approve the re_vised_pre- liminary plat application for c_on_str_uction of a ten buildin planned commercial development on a 38.5 acre lot consisting of a 64 000 sg. ft supermarket, 107,806 SQ. ft. department store. 79,740 sq.�ft. of retail space, a 95 room hotel a 6,000 s ft. restaurant, and a 2,5QQ sa. ft. bank with drive-throu h service. The amendment consists of: 1) the approval of Fayette Road and Martin's Drive as rivate roads sub'ect to detailed conditions and 2) the consolidation of the proposeduses (i.e. department store, retail, restaurant) into the single use cate or _"S�fh02p1n2 Center," except for the supermarket, hotel and bank whci_h will remain separate uses as depicted on a thirteenWDage set of plans, pa e one entitled "Southland, A Planned Commercial Development By Hanna_for_d Bros. Co ' prepared by FitzPatrick-Llewell_yn,__Inc, with a stamped received date of April 19,W1993_,_- and Was depicted on a six paqe set of plans Daqe one entitled "Site Plan, Southland,_South Burlington, Vermont," prepared by Dunn Associates and dated_ 1/14/93, last revised 4/12/93_,with the fol- ___-_-_____-___-__-____ lowing stipulations: 1� All previous approvals and sti ulations which are not super- -seded_by this approval shall remain in�effect. 2. The applicant shall record_a "Notice of Conditions of PLANNING COMMISSION 25 OCTOBER 1994 Page 7 Subdivision Approval" which describes the management of the private roads in the development. The specifics of the agreement shall be finalized prior to final plat approval. This document shall be approved by the City Attorney and the Planning Commission and recorded in the South Burlington Land Records prior to the recording of the final plat plans. Mrs. Maher seconded the motion which passed 4-1 with Mr. Teeson opposing. Mr. Sheahan rejoined the Commission. 9. Public Hearing: Revised final plat application of Larkin-Milot Partnership to amend an approved planned residential development consisting of 73 single family lots on 66.7 acres of land located on the east side of Spear Street opposite Deerfield Drive. The amendment consists of revising the landscape plan to include cedar trees and a four foot high wooden rail fence along the 50 foot wetland buffer line behind lots #33-45. Mr. Weith said they need to be sure the landscaping doesn't exceed height limits because of the view protection zone. These changes have been mandated by the District Environmental Commission. Mr. Larkin assured that the fence and landscaping would meet all requirements. Mr. Weith was comfortable with the species of trees. Mr. Austin moved the Planning Commission approve the revised final plat application of Larkin-Milot Partnership to amend an approved planned residential development consisting of 73 single family lots on 66.7 acres of land located on the east side of Spear Street opposite Deerfield Drive. The amendment consists of revising the landscape plan to include cedar trees and a four foot high wooden rail fence along the 50 foot wetland buffer line behind lots #33- 45, as depicted on a plan entitled "Nowland Two, South Burlington, Vermont, Landscape & Lighting Plan" prepared by FitzPatrick- Llewellyn, Inc., dated November, 1992, with a last revision date of 3/22/94, subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording.