HomeMy WebLinkAboutSD-00-27 - Decision - 0981 Shelburne Road#SD-00-27
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application of Lowe's Companies, Inc. to amend a 10
building planned unit development on a 38.9 acre lot consisting of 201,461 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. 1) eliminating building,
B, (28,715 square feet), 2) increasing the size of building C from 107,806 square feet to
121,292 square feet, and 3) modifications to the parking layout for building C. The
applicant also seeks a five year extension to the previously approved completion date of
January 17, 2005.
On the 20th of June, 2000, the South Burlington Development Review Board approved
the final plat application of Lowe's Companies, Inc. under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This property at 981 Shelburne Road is located in the Cl 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.
2. The owner of record is Southland Enterprises, Inc.
3. Access/circulation: No changes to access proposed. Access to the development is
provided by a street (to remain private) opposite Laurel Hill Drive known as Hannaford
Drive. This street intersects with a new north -south street connecting with Fayette Road to
the south and the K-Mart property to the north. In addition to the north -south street
connection with the K-Mart property, the developer has reserved a 60 foot r.o.w. to the west
of Burger King to connect with the adjacent Jolley Associates property as recommended by
City staff. The City currently has an Irrevocable Offer of Dedication for a 60 foot now.
across the Jolley Associates property at this location. A pedestrian crossway is provided
from access drive B to building C.
4. Coverage/setbacks: All coverages and setbacks, as depicted on page five entitled
"Amended Overall Site Plan" of a 37 page set of plans entitled "Site Plan for Lowe's Home
Center, Inc. South Burlington, Vermont, Shelburne Road — Route 7" with a stamped
received date of May 16, 2000, are acceptable taking into account the front yard coverage
waivers granted by the Planning Commission in previous approvals.
Setback requirements are met.
5. Parking: This project requires a total of 1253 parking spaces and 1281 spaces are
available including 40 handicapped spaces. A bike rack is provided adjacent to building C.
Staff suggests that the applicant has provided a parking summary addressing the parking
requirements in relation to the proposed uses of the buildings.
6. Landscaping The minimum landscaping requirement, based on building costs, is
$57,500. This requirement is being met. The proposed landscaping includes 25 Autumn
Blaze Maples, 31 Green Ash, 79 White Spruce, 400 Rugosa Rose, and 228 Common
European Cranberrybush.
7. Sewer: No additional sewer allocation is requested.
8. Traffic: No additional traffic is anticipated since the overall development will be reduced
in size by 15,229 square feet. Condition 4(i) of the 11/15/94 approval is as follows:
"Until such time as 60% of the development is constructed, there shall be only one
eastbound left turn lane at the Southland/Laurel Hill/Route 7 intersection. The signal shall
be phased to allow eastbound and westbound throughs. When 60% of the development is
constructed, two eastbound left turns shall be provided and through movements shall be
prohibited as recommended in the traffic impact study, unless otherwise approved by the
Planning Commission. This stipulation is contingent on approval by the VAOT. If VAOT
does not approve this condition, then the applicant shall construct as part of phase I the
eastbound left turns as proposed."
The construction of building C will result in 70% of the development being constructed.
Lamoureux and Dickinson were contracted to evaluate if any additional improvements were
necessary. This report recommends that a connection be provided to the adjacent K-Mart
plaza and the requirement for a double left -turn lane exiting Hannaford Drive onto
Shelburne Road be deleted. The applicant is willing to comply with these
recommendations. Staff recommended that the K-Mart connection not be opened until the
K-Mart property has been amended to allow this new access. A Certificate of Occupancy
should not be issued for the Lowe's building until this connection has been made. Staff
requested that the applicant address the necessity of the double left -turn lane exiting
Hannaford Drive to accommodate further build -out of the project site. The applicant should
specifically address at what build -out level this turn lane may be necessary.
9. Lighting Lighting details (cut -sheets) for the exterior lighting have been provided and are
subject to approval by the Director of Planning & Zoning. The locations of all exterior
lights have been noted on the plans. The proposed lights include several pole mounted 250
watt high pressure sodium fixtures, one building mounted 400 watt high pressure sodium
fixture, one building mounted 100 watt high pressure sodium fixture, and one pole mounted
400 watt high pressure sodium fixture.
10. Recreation Path: The applicant has meet with the Recreation Path Committee on January
3, 2000. The Committee recommended maintaining a flexible easement running north to
south across the property.
11. Condition 14: The applicant is seeking relief from Condition 14 of the Planning
Commission approval dated January 17, 1995. The condition states: "The entire project
shall be completed within 10 years. Any portions of the project which are not completed
within 10 years shall no longer be approved unless reapproved by the Planning
Commission." The project must be completed by January 17, 2005. The applicant
requested a five year extension that would require project completion by January 17, 2010.
Staff had no problem with granting this extension.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves the final plat application #SD-00-27 of Lowe's Companies, Inc. to amend a ten
building planned unit development on a 38.9 acre lot consisting of 201,461 sq. ft. of
shopping center use, a 55,000 sq. ft. supermarket, a 95 room hotel, and a 3585 sq. ft. bank
with drive -through service. The amendment consists of: 1) eliminating building B
(28,715 sq. ft.), 2) increasing the size of building C from 107,806 sq. ft. to 121,292 sq. ft,
and 3) modifications to the parking lot layout for building C, Hanaford Drive, as depicted
on a 34 page set of plans, page one entitled "Lowe's of South Burlington, Vermont,"
prepared by DeLuca -Hoffman Associates, Inc, dated 5/12/00 with the following
stipulations:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. The plat plans shall be revised to show the changes below and shall require
approval of the Director of Planning & Zoning. Four copies of the approved
revised plans shall be submitted to the Director of Planning & zoning prior to
recording:
a. The final plat plan (sheet 14 of 37) shall be revised to reduce the height of
the pole lights designated a `B" on the plan to a maximum of 20 feet.
b. The final plat plans shall be revised to provide a loading only zone along
the east side of the building clearly marked "No Parking." There shall be
no storage of materials in the loading zone.
c. The survey plat shall be revised to show the revised water and sewer
easements which will be dedicated to the City.
3. Prior to issuance of a zoning permit for each phase of this development, the
applicant shall post a landscape bond to cover the cost of all landscaping
associated with the phase under consideration. The amount of the bond shall be
determined by the Administrative Officer. The bond shall remain in effect for
three years to assure that the landscaping takes root and has a good chance of
surviving.
4. Prior to permit issuance, the applicant shall provide a parking summary for the
entire development addressing the parking requirements in relation to the
proposed uses of the buildings.
5. The access to the property to the north (K-Mart) shall not be opened until the
Development Review Board amends the play for the property to the north. A
Certificate of Occupancy/Compliance for the applicant's building shall not be
issued until this connection is open to the public.
6. All exterior lighting shall consist of downcasting shielded fixtures. Any change
to approved lights shall require approval by the Director of Planning & Zoning
prior to installation.
7. Condition 414 of the 1/17/95 approval shall be revised to read as follows:
"The entire project shall be completed within 15 years. Any portions of the
project which are not completed within 15 years shall no longer be approved
unless reapproved by the Development Review Board."
8. Condition #41 of the 11/15/94 approval which requires the construction of two
eastbound left turn lanes when 60% of the development is constructed is hereby
eliminated.
9. The 20 foot sewer force main easement along the southerly boundary shall be
accessible to maintenance equipment. Large trees shall not be planted within this
easement.
10. Where material is being removed (cut) from sewer force main easement, the depth
of cover shall be at least 5 feet.
11. Recycled crushed concrete and asphalt may be used for road and parking area
base course.
12. Permanent structures including concrete slabs and footings shall not infringe upon
sewer and water easements.
13. Prior to permit issuance, the applicant shall record amended legal documents
approved by the City Attorney for the revised water and sewer line easements to
be dedicated to the City_
14. Any change to the final plat plans shall require approval of the South Burlington
Development Review Board.
15. The final plat plans (sheets 3 of 37, 4 of 37 and 8A of 37) 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. Prior to recording the final plat plan, the applicant shall submit a
copy of the plans to be recorded in digital format. The format of the digital
information shall require approval of the Director of Planning & Zoning.
16. Sheet 8A shall be amended to show a 20 foot wall in the material staging area and
a 20 foot chain link fence around the material staging area.
17. Sheet 5 will be amended to show a sidewalk between Building D and the K-Mart
property.
6
/C air or Clerk Date
South Burlington Development Review Board