HomeMy WebLinkAboutSD-03-14 - Decision - 0189 Hannaford DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
LOWE'S HOME CENTERS, INC.
REVISED FINAL PLAN #SD-03-14
FINDINGS OF FACT, CONCLUSIONS & DECISION
Lowe's Home Centers, Inc., hereafter referred to as the applicant, is requesting revised
final plat approval from the Development Review Board (DRB) for a 1-lot, 9-building
Planned Unit Development. The amendment consists of modifications to the Lowe's site
plan.
Based on testimony given at the above mentioned public hearing and on the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes and decides as follows:
FINDINGS OF FACT
The applicant is requesting revised final plat approval for a 1-lot, 9-building
Planned Unit Development. In short, the applicant proposes the following
changes:
(a) Increase the height of a portion of the rear sound wall from 10 ft. to 20 ft.
(b) Add a 12 ft. high by minimum 100 ft. long sound wall adjacent to the
customer loading area at the front of the building.
(c) Construct a roof over the garden center to comply with the stormwater
discharge permit.
(d) Increase the building footprint by 926 sq. ft. under the front canopy.
(e) Modify the front faqade as a result of the increased footprint and garden
center roof.
(f) Modify the stormwater discharge system to comply with the stormwater
discharge permit.
(g) Reduce the wattage and pole heights of outdoor lighting.
(h) Add a cart food vendor as an accessory use under the front canopy.
2. The subject property contains 38.47 acres and is located in the Commercial 1
(Cl) District. Portions of the property also fall within the Conservation and Open
Space (CO) District and the Traffic and Floodplain (FP) Overlay Districts.
3. Southland Enterprises, Inc. is the record owner of the property.
CONCLUSIONS
No development is proposed in the CO or FP Districts. A new gable pediment is
proposed in front of the garden center, which will have a height of 43 ft. above
preconstruction grade. Section 25.113(c) of the Zoning Regulations allows the DRB
to approve a non-residential structure exceeding 40 ft. if the DRB determines that
the taller structure (i) will not affect adversely the essential character of the district;
and (ii) will not detract from important scenic views from adjacent public roadways
FINDINGS OF FACT, CONCLUSIONS & DECISION
LOWE'S HOME CENTERS, INC. - #SD-03-14
and other public rights -of -way. Previously the DRB found that the 50. i ft. height of
the entrance gable met these criteria; therefore, the DRB concludes that the 43 ft.
high garden center gable also meets the criteria.
PUD Review Standards
Pursuant to Section 26.15 of the Zoning Regulations, PUDs shall comply with the following
standards and conditions:
(a) Will not result in undue water or air pollution. In making this determination
the DRB shall at least consider (1) the availability and capacity of municipal
sewer facilities or the nature of soils and subsoils and their ability to support
waste disposal adequately, (2) the elevation of land above sea level and in
relation to floodplains, (3) protection of ground and surface water through
appropriate vegetative buffers and retention structures, and (4) all applicable
State of Vermont regulations.
2. No on -site wastewater treatment is proposed. Erosion control and landscaping
plans remain unchanged; however, detail changes to the stormwater management
system are proposed as a result of an amended Water Resources Board stomwater
discharge permit. The DRB concludes that the proposed changes are appropriate
and will not result in undue water or air pollution.
(b) Will have sufficient water available for the foreseeable needs of the
development
3. No changes to the water service or allocation are proposed.
(c) Will not cause unreasonable soil erosion or reduction in the capacity of the
land to hold water so that a dangerous or unhealthy condition may result.
4. None of the proposed changes will affect the capacity of the land to hold water, and
the erosion control plans remain unchanged.
(d) Will not cause unreasonable highway congestion or unsafe conditions with
respect to the use of highways, existing or proposed.
5. Institute of Transportation Engineers (ITE) data indicate that home improvement
superstores generate on average 2.87 trips per 1,000 sq. ft. of gross floor area per
weekday PM peak hour of an adjacent street. Lowe's was previously approved to
include 123,137 sq. ft., which would result in 353.40 trips per weekday PM peak
hour of an adjacent street. According to ITE data, the proposed minor increase in
square footage will generate approximately 2.66 trip ends per weekday PM peak
hour of an adjacent street, bringing the total for the Lowe's superstore to 356 trips
per weekday PM peak hour of an adjacent street. The 2.66 additional vehicle trip
ends will not cause a reduction in level of service on roads in the vicinity.
(e) Will not cause an unreasonable burden on the ability of the city to provide
educational services or facilities.
6. The proposed changes will not impact the South Burlington School District.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
LOWE'S HOME CENTERS, INC. - #SD-03-14
(f) Will not cause an unreasonable burden on the ability of the city to provide
municipal or governmental services and facilities.
7. The proposed changes will not affect the provision of municipal services.
(g) Will protect important natural resources, including streams, wetlands, scenic
views, wildlife habitats, and special natural features.
8. The proposed changes do not affect the distribution of open space within this PUD.
(h) Will not have an undue adverse effect on the scenic or natural beauty of the
area, is aesthetically compatible with surrounding developed properties and
will protect rare and irreplaceable natural areas and historic sites.
9. The DRB concludes that the project is aesthetically compatible with surrounding
developed properties. No historic or rare and irreplaceable natural areas are known
to occur on the portions of the subject property proposed for development.
(i) Will provide convenient allocation and distribution of common space in
relation to proposed development and will conform to the city's recreation
plan.
10. The proposed development does not conflict with the South Burlington recreation
plan. The plans show a 20 ft. recreation path easement as previously approved.
G) Will provide efficient layout and high -quality installation, construction, and
maintenance of public facilities and conform to the city's street and utility
plan.
11. No change to public facilities are proposed.
(k) Will provide for cooperation with adjoining properties in the extension of
roadways, drainage facilities, and utility lines.
12. The proposed changes do not affect plans for the extension of roadways and utility
lines. The proposed changes to the stormwater drainage facility are minor and will
not effect future stormwater drainage facility planning in the vicinity.
(1) Will conform to the city's Comprehensive Plan.
13. The proposed minor changes are in keeping with the goals and objectives outlined
in the Comprehensive Plan.
Site Plan Review Standards
In accordance with Section 26.154(b) of the Zoning Regulations, PUD applications shall
be reviewed under the site plan requirements. Pursuant to Section 26.102 of the Zoning
Regulations, the DRB may consider the following in its review of a site plan application:
(a) Pedestrian and vehicular access.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
LOWE'S HOME CENTERS, INC. - #SD-03-14
14. No changes to vehicular or pedestrian access configurations are proposed.
(b) Circulation.
15. The applicant has requested that the cart food vender be permitted to occupy an
area under the canopy or any of the sidewalk sales and display areas previously
approved. The cart food vendor should not be located in anywhere under the
canopy that interferes with previously approved vehicular or pedestrian
circulation patterns. Accordingly, the plans should be revised to indicate
proposed acceptable locations for the cart food vender under the canopy.
(c) Parking.
16. Pursuant to Section 26.252 of the Zoning Regulations, the 926 sq, ft. increase in
building square footage would require an additional 5 spaces. The previous final
plat approval indicated that the PUD required 1,262 parking spaces and that
1,281 spaces were provided. Therefore, no additional parking is required as a
result of the proposed changes.
(d) Landscaping, screening, and outdoor lighting.
17. No changes to the landscaping plan are proposed. Screening will be increased
by the addition of a new sound wall adjacent to the customer loading area and
the expansion of the rear sound wall. Lighting changes were approved previously
and involve reducing the wattage of fixtures and reducing pole heights; however,
record copies of the plans on file in the Department of Planning and Zoning do
not reflect these changes. In addition, the applicant proposes installing a night
circuit that will allow all but 24 of the exterior fixtures to be turned off within one
hour of store closing.
DECISION
MOTION by Mark Boucher, seconded by Gayle Quimby, to approve revised final plan
#SD-03-14, subject to the following conditions:
All previous approvals shall remain in effect except as amended by this approval.
2. This project shall be completed as shown on the plans submitted on February 21,
2003, and March 27, 2003, as amended by this decision and on file in the
Department of Planning & Zoning.
3. This approval shall allow a gable of 43 ft. in height in front of the garden center.
4. The cart food vendor shall be located only in areas approved for sidewalks and
display areas shown on Sheet 8A of the plans.
5. Any future change to the outdoor lighting plan shall require the approval of the
Director of Planning and Zoning prior to installation.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
LOWE'S HOME CENTERS, INC. - #SD-03-14
6. The final plat must be recorded in the office of the city clerk within 90 days of this
approval. Prior to recording, the final plat must be endorsed by the DRB.
7. Pursuant to Section 509 of the Subdivision Regulations, no changes, erasures,
modifications, or revisions shall be made on the final plat without DRB approval.
In the event that such subdivision plat is recorded without complying with this
requirement, the plat shall be considered null and void.
Mark Boucher —yta/nay/abstain
John Dinklage —y.2a/nay/abstain
Roger Farley —y2a/nay/abstain
Michele Kupersmith —ya/nay/abstain
Larry Kupferman —yea/nay/abstain
Gayle Quimby —yfta/nay/abstain
MOTION CARRIED by a vote of 6-0-0.
Signed this day of ��I 2003, by
John Dinklage, Chair
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