HomeMy WebLinkAboutSD-94-0000 - Decision - 0981 Shelburne Road (4)FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Hannaford Brothers Company
for: 1) subdivision of 41.9 acres of land on Shelburne Road into
three (3) lots of 1.8 acres (existing Red Lobster Restaurant), 1.6
acres (existing Burger King Restaurant) and 38.5 acres and 2)
construction of a ten (10) building planned unit development on the
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.
On the 15th of November, 1994, the South Burlington Planning
Commission approved the request of Hannaford Brothers Company for
final plat approval under Section 204 of the South Burlington
Zoning Regulations based on the following findings:
1. This project consists of the following: 1) subdivision of 41.9
acres of land into three (3) lots of 1.8 acres (existing Red
Lobster Restaurant), 1.6 acres (existing Burger King Restaurant)
and 35.8 acres, and 2) construction of a ten (10) building planned
unit development on the 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.
Preliminary plat was approved on 9/14/93 and amended on 8/30/94 and
10/25/94.
2. 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, on
the south by a gas station/mini-mart, a cemetery, an auto
dealership and the residential portion of L&M Park and on the west
by a railroad r.o.w.
3. Access/circulation: Access to the development will be provided
by a new street (to remain private) opposite Laurel Hill Drive to
be known as Martin's Drive. This new street will intersect 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 applicant is
reserving 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 applicant does not currently have a r.o.w. across the
Jolley Associates property at this location.
The Burger King curb -cut on Shelburne Road will be eliminated and
a new curb cut on the proposed Martin's Drive opposite the curb -cut
for the proposed bank will be constructed.
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4. Coverage:
Area Description Building % Overall %
Project area (not including
Red Lobster/Burger King
16.7
61.3
Burger King (as proposed)
8.8
64.8
Red Lobster (as proposed)
7.6
66.9
Total parcel (includes
Red Lobster/Burger King)
16.0
61.7
Front Yard Area Description
Coverage
Red Lobster
14.8
Burger King along Shelburne Road
14.8
Bank and hotel "parcel" along Shelburne
Road
0
South of Martin's Drive
48.1
North of Martin's Drive to 60' r.o.w.
65.1
North of Martin's Drive, 60' r.o.w.
to Fayette Road
59.7
North of Martin's Drive, Shelburne Road
to Fayette Road
58.8
East of Fayette Road "hotel parcel"
51.8
East of Fayette Road between Martin's
Drive and K-Mart
62.8
West of Fayette Road
75.9
Along east side of 60' r.o.w. to Jolley
Associates
70.1
Along west side of 60' r.o.w. to Jolley
Associates
92.1
5. The table above shows that building and overall coverage will
be met for the entire development. Front yard coverage will be met
along Shelburne Road. Front yard coverage will not be met along
the proposed streets (i.e., Martin's Drive and Fayette Road). The
Planning Commission may modify the front yard coverage requirements
under Section 12.406(b) of the zoning regulations.
6. Setbacks: Buildings A, B, C and J will meet the setback
requirements. Building D, E, F, G and H do not meet setback
requirements as these buildings will be directly fronting the
Fayette Road r.o.w. Building I (hotel) does not meet the setback
from Martin's Drive. The Planning Commission may modify the
setback requirements under Section 12.406(b) of the zoning
regulations.
7. Parking: The Burger King lot requires 77 spaces and 79 spaces
are available. The Red Lobster lot requires 93 spaces and 122
spaces are available. The Southland PUD lot requires 1,325 spaces
and 1401 spaces are available including 56 handicapped spaces.
This total includes 53 reserve spaces. Bicycle parking and storage
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facilities are being provided in accordance with Section 26.253(b)
of the zoning regulations.
8. Landscaping: The minimum landscaping requirement, based on
building costs, is $87,500 which is being met. The street trees
have an estimated value of $20,220. The landscaping bond required
for this project is therefore $107,720. A wide variety of
plantings are proposed including Norway Maple, Green Ash, Ginkgo,
Honeylocust, Norway Spruce, White Pine, Littleleaf Linden, Dogwood,
Burning Bush and Viburnum.
9. Wetlands: The applicant has worked with the Natural Resources
Committee with regards to storm water runoff and wetland impacts.
The plans submitted incorporate their recommendations. These plans
identify Class II and Class III wetlands.
10. Recreation path: The plat shows a 20 foot easement along the
westerly boundary along the railroad tracks without a connection to
the north side of building B. The preliminary plat plans showed a
connection to building B. The exact location of the easement is to
be determined at a later date. Comments from the Recreation Path
Committee which recommends a recreation path easement connecting to
Shelburne Road was submitted.
11. Sewer: The Planning Commission granted a sewer allocation of
32,255 g.p.d. at preliminary plat approval. The applicant will be
required to pay the per gallon fee prior to the issuance of a
zoning/building permit for each building.
12. Traffic: A letter from the VAOT granting preliminary approval
of the proposed improvements to Shelburne Road was submitted. The
VAOT agrees with the conclusion that traffic generated by the
Southland Project can be accommodated within the corridor without
significant adverse impact to the system.
Table 1 of the updated traffic study indicates that the southbound
thru movement at the Route 7/Brewer/Burlington Plaza intersection
will operate at LOS E. All intersections between Holmes Road and
Home Avenue will operate at LOS D or better. Improvements will be
made to the Route 7/Southland/Laurel Hill intersection, although
this intersection will not allow westbound and eastbound thru
movements. "Short term" improvements to the Route 7 intersections
with Green Mountain Drive and Allen Road will be implemented.
These intersections currently operate at LOS F will continue to
operate at LOS F after the impact but it will be a more improved
LOS F. Other impact proposed include: 1) implementing the
proposed signal operation changes at the Shelburne Road/Fayette
Road intersection and the proposed corridor signal timing program
recommended in the VHB traffic impact analysis, 2) completing the
portion of Fayette Road on L&M Park property, 3) contribute $7,943
to the Shelburne Road Intersection Improvement Fund, 4) working
with CCTA to construct a bus transfer station within the
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development, 5) become a formal participating member of the
Shelburne Road Corridor Transportation Management Association, and
6) phasing of eastbound left -turn lanes.
Other:
--- on sheet S-1 the access to Orchard School is incorrectly
shown.
--- the proposed plat does not show the recreation path r.o.w. to
building B.
--- on sheet S-3 building #5 in L&M Park is not shown in its
correct location.
--- the plan should also be revised to show the correct front yard
coverage information for the Red Lobster lot.
--- the proposed subdivision plat should change the lease line
designation around the Burger King and Red Lobster lots to
property lines.
--- street r.o.w.'s should not be shown as property line.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of Hannaford
Brothers Company for: 1) subdivision of 41.9 acres of land into
three (3) lots of 1.8 acres (existing Red Lobster Restaurant), 1.6
acres (existing Burger King Restaurant) and 38.5 acres, and 2)
construction of a ten (10) building planned unit development on the
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
depicted on a 27 page set of plans, page one (1) entitled
"Southland, South Burlington, Vermont", prepared by FitzPatrick-
Llewellyn, Inc. and Dunn Associates, Inc., dated November 3, 1994,
with the following stipulations:
1. Any previous approvals and stipulations affecting the subject
property which are not superseded by this approval shall remain in
effect.
2. All lighting to be installed on private property shall be
downcasting and shielded so as not to cast light beyond the
property line. Any change in lighting shall be approved by the
City Planner prior to installation.
3. Prior to issuance of a zoning/building permit, the applicant
shall post a $107,720 landscape bond to cover the installation cost
and value of proposed street trees and site landscaping. The bond
shall remain in effect for three (3) years to assure that the
planted landscaping has taken root and has a good chance of
surviving.
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4. In order for the Commission to find that the proposed
development will not cause unreasonable highway congestion or
unsafe conditions with respect to use of the highways, the
applicant shall be responsible for the following:
a) Install signal and construct improvements to the project
access with Route 7 as shown on the plans, except as provided
in subsection (i) below. The signal shall include a
pedestrian phase.
b) Construct "short term" improvements to the Route 7
intersections with Green Mountain Drive and Allen Road as
shown on sheets 1 and 2 of plans prepared by Webster -Martin,
Inc. entitled "South Burlington Shelburne Road Study", dated
April, 1991. Final plans showing these improvements shall be
submitted to the City Engineer for approval prior to issuance
of a zoning/building permit.
c) Implement the proposed signal operation changes at the
Shelburne road/Fayette road intersection and the proposed
corridor signal timing program recommended on page 16-17 of
the Vanasse Hangen Brustlin, Inc. traffic impact analysis
dated 10/26/94.
d) Prior to the start of construction or issuance of a
zoning/building permit, the applicant shall submit to the City
a letter from VAOT approving the improvements referenced in a)
and c) above. Such improvements shall be completed prior to
occupancy of the first building.
e) The portion of Fayette Drive on L&M Park property as shown
on Sheet #7 of the plans shall be complete prior to occupancy
of the first building.
f) Contribute $7,943 to the Shelburne Road Intersection
Improvement Fund prior to issuance of a zoning/building permit
for the first building.
g) Work with CCTA to construct a bus transfer station within
the development.
h) Become a formal participating member of the Shelburne Road
Corridor Transportation Management Association, if the
organization still exists. The applicant shall submit
evidence to the City prior to issuance of a zoning/building
permit which shows compliance with this requirement.
i) 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 thru's. When 60%
of the development is constructed, two eastbound left turns
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shall be provided and thru 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.
5. Prior to issuance of a zoning/building permit or start of
roadway or utility construction, all appropriate legal documents
including easements (e.g., utility, sewer, drainage, water,
recreation path, etc) shall be submitted to the City Attorney for
approval and recorded in the South Burlington land records.
6. The final plat plans shall be revised as follows:
a) The access to Orchard School shall be correctly shown on
sheet S-1.
b) The proposed plat shall show the recreation path easement
connecting to the parking area near building B.
c) The proposed plat shall be revised to show the lease line
designation around the Burger King and Red Lobster lots to
property lines.
d) Building #5 in L&M Park shall be shown in its correct
location on sheet S-3.
e) The correct front yard coverage information for the Red
Lobster shall be shown on sheet S-3.
f) The proposed plat shall show water and sewer easements in
a location approved by the City Engineer.
7. Prior to issuance of a zoning/building permit or start of
roadway or utility construction, bonds to cover the costs of
roadway, utility, and sidewalk construction shall be posted. The
amount of the bond shall be approved by the City Engineer.
8. A sewer allocation of 32,255 gpd is granted. The applicant
shall pay the per gallon fee prior to issuance of a zoning/building
permit for each building in the development.
9. The developer shall furnish to the City, at least 7 days prior
to beginning of road construction, the name of the contractors
doing the street and utility work and the architect and/or engineer
who will stake out and supervise the work .
10. In accordance with Section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
(e.g., streets, water mains, sanitary sewers, storm drains, etc)
the developer shall submit to the City Engineer "as -built"
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construction drawings certified by a registered engineer.
11. In accordance with Section 12.406(b) of the zoning
regulations, the Planning Commission modifies the front yard
coverage to exceed the 30% limitation as follows:
South of Martin's
Drive
48.1
North of Martin's,
Shelburne Road to 60' r.o.w
65.1
North of Martin's
Drive, 60 ' r.o.w.
to Fayette Road
59.7
North of Martin's
Drive, Shelburne Road
to Fayette Road
58.8
East of Fayette
Road "hotel parcel"
51.8
East of Fayette
Road between Martin's
Drive and K-Mart
62.8
West of Fayette
Road
75.9
Along east side
of 60' r.o.w. to Jolley
Associates
70.1
Along west side
of 60' r.o.w. to Jolley
Associates
92.1
12. In accordance with Section 12.406(b) the Planning Commission
modifies the setbacks for buildings D, E. F, G, H and I as shown on
the approved plans.
13. Prior to recording the final plat plans, the applicant shall
record a "Notice of Conditions of Subdivision Approval" which
describes the management of the private streets in the development.
This document shall be approved by the City Attorney and recorded
in the South Burlington land records prior to recording the final
plat plans.
4. The final plat plans shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall
be signed by the Planning Commission Chair or Clerk prior to
recording.
15. 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.
Chairman or Clerk
South Burlington Planning Commission
Date
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