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HomeMy WebLinkAboutSD-94-0001 - 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 for construction of a ten (10) building planned commercial development on a 38.5 acre lot consisting of a 64,000 square foot supermarket, 107,806 square foot department store, 79,740 square feet of retail space, a 95 room hotel, a 6,000 square foot restaurant, and a 2,500 square foot bank with drive -through service. The amendment consists of: 1) the approval of Fayette Road and Martin's Drive as private roads subject to detailed conditions, and 2) the consolidation of the proposed uses (i.e. department store, retail, restaurant) into the single use category "Shopping Center", except for the supermarket, hotel and bank which will remain separate uses, Shelburne Road. On the 25th of October, 1994, the South Burlington Planning Commission approved the request of Hannaford Brothers Company for revised preliminary plat approval under Section 203 of the South Burlington Subdivision Regulations based on the following findings: 1. This application is to amend the preliminary plat approved on 9/14/93 for construction of a ten (10) building planned commercial development on a 38.5 acre lot consisting of a 64,000 square foot supermarket, 107,806 square foot department store, 79,740 square foot of retail space, a 95 room hotel, a 6,000 square foot restaurant, and a 2,500 square foot bank with drive -through service. The amendment consists of: 1) the approval of Fayette Road and Martin's Drive as private roads subject to detailed conditions, and 2) the consolidation of the proposed uses into the single use category "Shopping Center" with a total of 257,546 square feet, except for the hotel and bank which will remain separate uses. 2. Public Streets vs. Private Streets: The recording of a "Notice of Conditions of Subdivision Approval" which describes the management of the private streets in the development should be recorded in the land records. This documents should be approved by the City Attorney and recorded in the South Burlington land records prior to the recording of the final plat plans. 2. Parking: The total number of parking spaces required, excluding Red Lobster and Burger King, is 1,407 and 1,354 spaces are being provided including 51 handicapped spaces. This represents a shortfall of 53 spaces, or 38%. If the proposed supermarket is treated as a "supermarket" and not a "shopping center", the total parking requirement is 1,340 which would not require a parking waiver. 11 DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the revised preliminary plat application for construction of a ten (10) building planned commercial development on a 38.5 acre lot consisting of a 64,000 square foot supermarket, 107,806 square foot department store, 79,740 square feet of retail space, a 95 room hotel, a 6,000 square foot restaurant, and a 2,500 square foot bank with drive -through service. The amendment consists of: 1) the approval of Fayette Road and Martin's Drive as private roads subject to detailed conditions, and 2) the consolidation of the proposed uses (i.e. department store, retail, restaurant) into the single use category "Shopping Center", except for the supermarket, hotel and bank which will remain separate uses as depicted on a thirteen (13) page set of plans, page one entitled "Southland, A Planned Commercial Development By Hannaford Bros. Co.," prepared by FitzPatrick-Llewellyn, Inc, with a stamped received date of April 19, 1993, and as depicted on a six (6) page set of plans, page one entitled "Site Plan, Southland, South Burlington, Vermont," prepared by Dunn Associates and dated 1/14/93, last revised 4/12/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall record a "Notice of Conditions of Subdivision Approval" which describes the management of the private roads in the development. The specifics of the agreement shall be finalized prior to final plat approval. This document shall be approved by the City Attorney and the Planning Commission and recorded in the South Burlington land records prior to the recording of the final plat plans. Chairman or Clerk South Burlington Planning Commission Date