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HomeMy WebLinkAboutSD-95-0000 - Decision - 0981 Shelburne RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Hannaford Brothers Company to modify the design of the main entrance to a ten (10) building planned unit development on a 38.5 acre lot consisting of 202,546 square feet of shopping center use, a 55,000 square foot supermarket, a 95 room hotel and a 2500 square foot bank with drive -through service, 981 Shelburne Road. On the 24th day of October, 1995, the South Burlington Planning Commission approved the request of Hannaford Brothers Company for approval under Section 303 of the South Burlington Subdivision Regulations based on the following findings: 1. Pursuant to section 303 of the subdivision regulations, Hannaford Brothers is requesting approval to modify the design of the main entrance on Shelburne Road. Section 303 states the following: 2. "If at any time after approval before or during the construction of the required improvements, it is demonstrated that unforseen conditions make it necessary or preferable to modify the location or design of structures, curb cuts, roads, parking lots, lighting or landscaping, the Commission may, upon the advice of the City Engineer, authorize minor modifications provided that they are within the spirit and intent of the Commission's approval and that they do not waive or substantially alter the function of any improvements previously required by the Planning Commission." 3. The purpose of this provision is to allow the Planning Commission to authorize minor modifications without having to require a noticed public hearing. 4. The applicant is proposing to modify the main entrance by deleting a small island, relocating the crosswalks, and increasing the radii of the entrance lane. These changes are being required by the AOT. City Engineer, Bill Szymanski, concurs with the proposed changes. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the request of Hannaford Brothers Company to modify the design of the main entrance to a ten (10) building planned unit development on a 38.5 acre lot consisting of 202,546 square feet of shopping center use, a 55,000 square foot supermarket, a 95 room hotel and a 2,500 square foot bank with drive -through service, 981 Shelburne Road, as shown on the plan 1 with a stamped "received" date of 10/19/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 303 of the South Burlington Subdivision Regulations and upon the advice of the City Engineer, the Planning Commission hereby authorizes the applicant to make minor modifications to the main entrance to the subject development. It is the Planning Commission's opinion that these modifications are within the spirit and intent of the Commission's original approval and that they do not waive or substantially alter the function of any improvements previously required by the Commission. � Chairman `� r South Burlington Planning Commission Date T 2