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HomeMy WebLinkAboutSD-01-25 - Decision - 0981 Shelburne Road#SD-01-25 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: final plat application #SD-01-25 of Lowe's Home Centers, Inc. to amend a nine (9) building planned unit development on a 38.9 acre lot consisting of 188,077 square feet of shopping center use, a 55,000 square foot supermarket, a 95 room hotel, and a 3585 square foot bank with drive -through service. The amendment consists of modifications to the Lowe's site plan consisting of: 1) correcting size of the three (3) vestibules, 2) allowing the gabled portion of the building to exceed the height limit by 10 feet to a height of 50.1 feet above'pre-construction grade, 3) adding sidewalk display areas, 4) adding a 10 foot high sound wall, 5) revising landscaping and lighting, 6) eliminating some reserve parking spaces, and 7) revising the storm water pond, Shelburne Road and Hannaford Drive. On the 15th of May, 2000, the South Burlington Development Review Board approved the final plat application of Lowe's Home Centers, Inc. under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a nine (9) building planned unit development on a 38.9 acre lot consisting of 188,077 square feet of shopping center use, a 55,000 square foot supermarket, a 95 room hotel, and a 3585 square foot bank with drive -through service. The amendment consist of modifications to the Lowe's site plan consisting of: 1) correcting size of the three (3) vestibules, 2) allowing the gabled portion of the building to exceed the height limit by ten (10) feet to a height of 50.1 feet above pre - construction grade, 3) adding sidewalk display areas, 4) adding a ten'(10) foot high sound wall, 5) revising landscaping and lighting, 6) eliminating some reserve parking spaces, and 7) revising the storm water pond, Shelburne Road and Hannaford Drive. 2. The owner of record is Southland Enterprises; Inc. 3. This property at 981 Shelburne Road is located in the C 1 District. It is bounded on the north by a gas station/mini-mart, K-Mart Plaza, undeveloped property along Queen City Park Road and Champlain Water District offices, on the east by Shelburne Road and on the south by a gas station/mini-mart, a cemetery, an auto dealership and the residential portion of the L&M Park and on the west by a railroad r.o.w. 4. Access/circulation: No changes proposed. 5. Coverage/setbacks: No changes proposed. 6. Parking: This PUD requires a total of 1262 spaces and 1281 spaces are being provided including forty (40) handicapped spaces and bike racks. 7. Landscaping: Increased landscaping was proposed around the Lowe's building which was required as part of the Act 250 process. 8. Sewer: No additional allocation needed. 9. Traffic: No additional traffic in anticipated due to the proposed revisions. 10. Building size: A clerical error was made in the last approved plans. The total footage for the proposed building failed to include the square footage for the three (3) vestibules. These vestibules were shown on the plans but the square footage for them was to included in the total for the building. These vestibules total 1845 square feet for a total building square footage of 123,137 square feet. 11. Building height: The front entry gable of the proposed building will be at a height of 50.1 feet from the average presentation grade. This is 10.1 feet higher than allowed under Section 25.113(a) of the zoning regulations. Section 25.113(c) of the zoning regulations allows the Development Review Board to approve a non-residential structure to exceed 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. 12. Lighting: The lighting plan was revised by reducing the wattage of the lights and reducing the heights of the pole lights. 13. Other: Other modifications proposed include: ■ adding sidewalk display areas ■ adding a ten (10) foot high sound wall behind the loading area ■ adding a landscaped berm west of existing Hannaford parking lot ■ retain existing trees in area of future buildings F & G until those buildings are constructed. ■ revise storm water pond ■ other detail and technical changes listed in a letter from the project engineer DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves the final plat application #SD-01-25 of Lowe's Home Centers, Inc. to amend a nine (9) building planned unit development on a 38.9 acre lot consisting of 188,077 square feet of shopping center use, a 55,000 square foot supermarket, a 95 room hotel, and a 3585 square foot bank with drive -through service. The amendment consists of modifications to the Lowe's site plan consisting of. 1) correcting size of the three (3) vestibules, 2) allowing the gabled portion of the building to exceed the height limit by 10 feet to a height of 50.1 feet above pre -construction grade, 3) adding sidewalk display areas, 4) adding a 10 foot high sound wall, 5) revising landscaping and lighting, 6) eliminating some reserve parking spaces, and 7) revising the storm water pond, Shelburne Road and Hannaford Drive, as depicted on a 37 page set of plans, page one entitled "Site Development Plan for Lowes Home Centers, Inc. South Burlington Vermont," last revised on 4/16/01, with the following stipulations: 1. All' previous 'approvals and stipulations which are not superseded by this approval shall remain in effect. 2. As expressly represented by the applicant, the applicant shall be responsible for replacing any trees located in the sewer easement which are damaged by the City's access to the sewer line. 3. Pursuant to Section 25.113 (c) of the zoning regulations, the South Burlington Development Review Board approves the taller structure within the development as follows: maximum height of 50.1 feet. It is the Board's opinion that the criteria under Section 25.113 (c) are being met for the taller structure. 4. The applicant shall consult with the Fire Chief on the location of the fire alarm. 5. The removal and filling of earth over the sewer easement along the southerly property line shall be kept to a minimum and done in consultation with the City Engineer. 6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 7. The final plat plans (sheets 5 and 8A) 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. air or Clerk Dat 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.RC.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 maybe 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).