HomeMy WebLinkAboutSD-93-0000 - Decision - 0981 Shelburne Road (2)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 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 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, 981 Shelburne Road.
On the 14th of September, 1993, the South Burlington Planning
Commission approved the request of Hannaford Brothers Company for
preliminary plat approval under Section 203 of the South Burlington
Subdivision Regulations based on the following findings:
1. The applicant submitted a revised sketch plan at the 9/14/93
meeting for the Planning Commission's consideration. The revised
plan relocates the main access to the development approximately 180
feet to the south of Laurel Hill Drive and retains the Burger King
curb cut. The revised plan was submitted in response to concerns
expressed by AOT of inadequate stacking room with the main access
being at Laurel Hill Drive. The Planning Commission rejected this
plan due to safety concerns at the Laurel Hill Drive intersection
which would no longer be signalized.
2. This proposal involves re -affirming the subdivision of the Red
Lobster lot, the creation of a new separate lot for Burger King,
and a Planned Commercial Development on the remaining land
consisting of a 64,000 square foot supermarket, 107,806 square foot
department store, 79,740 square feet of small retail use in five
(5) buildings, a 2,500 square foot drive -up bank, a 200 seat
restaurant and a 95 room hotel. The Planning Commission held a
sketch plan review of this project on 1/26/93.
3. 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.
4. Access/circulation: Access to the development will be provided
by a new City street 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-
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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.
5. 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.
6. This proposal would result in Fayette Road located within the
L&M Park development being moved to the east and encroach into a
C.O. zone. The applicant had several meetings with the Natural
Resources Committee (NRC) and incorporated their suggestions to
minimize the impact to the wetland. The NRC submitted their
comments to the Planning Commission in a memorandum dated 4/14/93.
The L&M Park plans would have to be modified to show this revised
location. This should be done at final plat for this development.
7. The plans show the 60 foot r.o.w. for Martin's Drive continuing
westerly of Fayette Road all the way to Building B. This appears
to be an error. This r.o.w. should not continue beyond Fayette
Road.
8. Coverage\setbacks: Coverage information for the three (3) lots
involved is as follows:
o Southland parcel: Building coverage is 18.4% (maximum
allowed is 30%). Overall coverage is 60.7% (maximum
allowed is 70%). The above information does not include
the 2.6 acres of r.o.w.
o Burger King: Building coverage is 8.8% (maximum allowed
is 30%). Overall coverage is 68.4% (maximum allowed is
70%).
o Red Lobster: Building coverage is 7.7% (maximum allowed
is 30%). Overall coverage is 66.1% (maximum allowed is
70%).
Front yard coverage information should also be submitted for all
three (3) lots.
9. Buildings A, B, C and J will meet the setback requirements.
Buildings 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.
A proposed entrance canopy is proposed to project approximately 10
feet into the Martin's Drive r.o.w. to cover a portion of the
sidewalk. The applicant is requesting a waiver to allow the
buildings on the r.o.w. and the hotel canopy projection. Staff
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south street connecting with Fayette Road to thesouthand the K-
recommended granting the waiver for the setbacks but not for the
canopy projection.
10. Parking: The total number of parking spaces required
excluding Red Lobster and Burger King is 1363 spaces and 1354
spaces are being provided including 51 handicapped spaces. This
results in a nine (9) space shortfall or 0.6%. The plans also show
13 reserve parking spaces located between buildings J and I. The
number of total parking spaces required includes 19 spaces which
the Burger King lot is short. A parking agreement should be
submitted for review by the City Attorney giving Burger King use of
19 spaces on the PCD portion of the development.
11. The parking spaces for Burger King along the north side of
Martin's Drive should be relocated to provide more green space
along the proposed street. Diagonal parking should be provided to
free -up space.
12. Applicant should provide bicycle parking or storage facilities
as required under Section 19.253b of the zoning regulations.
13. Landscaping: The minimum on -site landscaping requirement for
this project is $87,500 which is being met. The landscaping
schedule should separate street trees from the site landscaping.
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.
14. 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
should identify Class II and Class III wetlands.
15. Recreation path: The plans show a 20 foot easement along the
westerly boundary along the railroad tracks with a connection to
the north side of building B. The exact location of the easement
is to be determined at a later date.
16. Sewer: The applicant estimates a total sewage allocation
needed of 32,255 gpd. This is a 5620 gpd increase over the
estimate given at sketch plan. This increase is due to converting
building H from retail to a 200 seat restaurant. There is only
17,758 gpd of available capacity. The remaining 14,497 gpd will be
placed on a waiting list.
17. Traffic: A revised traffic impact analysis dated 4/16/93
prepared by Lamoureux & Stone was submitted. The analysis was
revised to include shorter future cycle lengths, effects of right
turns on red, and as recommended by VAOT, a higher saturation flow
rate. The consultant also evaluated the project's impact on the
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intersections south of Fayette Road. The report is divided into
two segments: North Segment (ie, north of Fayette Road) and South
Segment (ie, Holmes, Green Mountain, and Allen).
18. Comments from CCRPC and VAOT regarding the first traffic
impact study were also submitted. CCRPC and VAOT have not yet
reviewed the revised analysis.
19. North Segment: The analysis indicates that all intersections
north of Fayette Road will operate at an acceptable LOS for both
Phase I and full -build. The overall intersection LOS will not fall
below "D" for any intersection. The individual LOS for each
critical movement (i.e., north and south thru movement) will not
fall below LOS "D". No movements will fall below LOS "E".
20. South Segment: The consultant conducted two analyses for the
intersections in this segment. The first is an LOS analysis of the
project's impact assuming an improved Shelburne Road (ie, the plans
currently being developed by VAOT). The second is an analysis of
the project's impact assuming only "short term" improvements at the
Green Mountain Drive and Allen Road intersections. The first
analysis indicates that the Holmes Road, Green Mountain Drive, and
Allen Road intersections will operate at LOS "C" at full -build once
Shelburne Road is improved.
21. The analysis of "short term" improvements indicates that the
Green Mountain Drive and Allen Road intersections currently operate
at LOS "F" and will continue to operate at "F" with the project and
short term improvements. The capacity analysis for these
intersections analyzes v/c ratios, not LOS. The analysis indicates
that the overall v/c ratio for each intersection will slightly
improve with the project and short term improvements. In other
words, the project with short term improvements will result in a
slightly better LOS "F" than the "F" that currently exists.
Staff comments and concerns regarding the traffic study:
a) The trip generation estimates used ITE land use code
"hotel" for the proposed hotel and code "shopping center" for
all other new uses. Staff believes that perhaps land use code
"bank with drive -up" should be used for the proposed bank
rather than "shopping center" code since the proposed bank is
physically separated from the remainder of the development.
This may result in a slightly higher trip generation than
incorporated in the analysis.
b) Holmes Road intersection. The analysis indicates that
this intersection currently operates at LOS "F" and will be
LOS "C" once it is improved. Therefore, this intersection
will be further degraded until such time as the intersection
is improved.
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c) Green Mountain Drive and Allen Road. The analysis
indicates that the overall v/c ratios for these intersections
will be slightly improved with the project and short term
improvements. However, the v/c ratio for the northbound thru
movements for each intersection will be further degraded with
the project. It is City policy to require acceptable
operation of thru movements on arterial/collector roadways.
At a minimum, the operation of thru movements should not get
any worse.
d) The VAOT requested a queue analysis and signal
optimization analysis. These should be finalized and approved
by the VAOT prior to final plat submittal.
e) A pedestrian signal and activation button should be
provided at the intersection of Shelburne Road/Martins
Drive/Laurel Hill Drive.
22. Existing lots: It is the applicant's position that the Burger
King and Red Lobster lots are existing lots. Staff's research
indicated that the Red Lobster lot was approved by the Planning
Commission on 9/14/76. The mylar wasn't recorded until 5/27/77 and
it wasn't endorsed by the Planning Commission until 2/l/78. Staff
could find no evidence that the Burger Kin lot was ever subdivided.
These two (2) lots are currently being leased. The applicant is
requesting that the Planning Commission re -affirm the subdivision
approval to erase any doubt about the subdivision of these two (2)
lots.
23. Staff recommended re -affirming the legality of the Red Lobster
lot and approval of a Burger King lot as proposed. This new lot
would have Martin's Drive as its southerly boundary and the
proposed street connection to K-Mart as its westerly boundary.
This new lot must meet the minimum area and dimensional
requirements for the Cl District.
24. Lighting: Proposed exterior lighting will consist of the
following:
0 54-150 watt high pressure sodium lamps with cut-off
luminaires o 15 foot poles.
0 11-250 watt high pressure sodium lamps with cut-off
luminaires on 20 foot poles.
o five (5) 30 foot poles each with four (4) watt high
pressure sodium lamps with cut-off luminaires each, and
0 14-30 foot poles each with two (2) 400 watt high pressure
sodium lamps with cut-off luminaires.
25. Applicant is proposing street lighting type not owned and
maintained by Green Mountain Power. Staff suggested that the
applicant agree to paying the costs of replace light bulbs and
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damaged poles/fixtures for a period of ten years.
26. Staff previously recommended a maximum of 20 foot poles for
all lighting. At the 6/29/93 meeting, the Commission agreed to 20
foot maximum poles in locations east of Fayette Road and a 30 foot
maximum height in locations west of Fayette Road.
27. Dumpsters: Dumpsters will be screened with a six (6) foot
wooden fence. Dumpsters for buildings E, F and G will be located
internally.
28. Other:
--- sheet 6 of the Fitzpatrick -Llewellyn plans is incorrectly
labeled sheet 7.
--- the correct name for the north -south road is Fayette Road not
Fayette Drive.
--- plans do not show all finished contours.
--- legal documents (i.e., irrevocable offer of dedication) for
proposed streets and easements should be submitted for review
by the City Attorney prior to issuance of any permits.
--- applicant submitted a written report addressing the PUD
criteria contained in Section 19.151.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the Preliminary 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 commercial development
on the 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, 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. and dated
April, 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. 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 enter into an agreement with the City whereby the applicant
agrees to pay the maintenance, repair and replacement costs
associated with the proposed street lighting. This agreement shall
remain in effect for a period of ten (10) years.
4. Prior to issuance of a zoning/building permit, the applicant
shall post a landscape bond to cover the installation cost and
value of proposed street trees and site landscaping. The bond
shall remain if effect for three (3) years to assure that the
planted landscaping has taken root and has a good chance of
surviving. The amount of the bond shall be determined at final
plat.
5. This approval is contingent on the approval of a revised final
plat for the adjoining property to the south (L&M Park) showing the
proposed relocated Fayette Road r.o.w. The sketch plan application
for the L&M Park revised final plat shall be submitted prior to
submittal of a final plat application for this development.
6. 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. 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 in Figures 9 and 10 of the traffic impact report
entitled, "Traffic Evaluation for Southland Planned Commercial
Development" prepared by Lamoureux & Stone and dated 4/16/93.
Detailed plans showing these improvements shall be submitted
prior to final plat.
c) 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 b) above. Such improvements shall be completed prior to
occupancy of the first building.
d) 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.
e) Contribute a fee to the Shelburne Road Intersection
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Improvement Fund. The amount of the contribution shall be
determined at Final plat.
f) Work with CCTA to construct a bus transfer station within
the development.
g) Become a formal participating member of the Shelburne Road
Corridor Transportation Management Association. The applicant
shall submit evidence to the City prior to issuance of a
zoning/building permit which shows compliance with this
requirement.
7. 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) and roadway r.o.w.'s (irrevocable offer of
dedication) shall be submitted to the City Attorney for approval
and recorded in the South Burlington land records.
8. Prior to recording the final plat plans, a "Notice of
Condition" shall be recorded in the land records which identifies
this entire development as a planned commercial development (PCD)
and which legally ties all the lots in this development into one
PCD for all planning, zoning and subdivision purposes. The "Notice
of Condition" shall be approved by the City Attorney prior to
recording. This condition shall not apply to the Red Lobster and
Burger King lots which are considered separate, stand-alone lots
from the PCD.
9. Prior to final plat submittal, the plans shall be revised to
show the following:
a) The 60' r.o.w. located west of Fayette Road removed.
b) The hotel canopy not extending into the public r.o.w.
c) bicycle parking and storage
d) Fayette Road instead of Fayette Drive
e) all finished contours
f) sidewalks along both sides of Martins Drive continuous
across driveways.
g) additional hydrant and 10" water main as recommended by
the fire chief.
h) maximum 20' high lighting fixtures for all fixtures to be
located east of Fayette Road.
10. 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.
11. The applicant shall be responsible for maintaining the new
street until such time as the street and r.o.w. is accepted and
taken over by the City.
12. A sewer allocation of 32,255 gpd is granted. However, due to
an unavailability of sewer capacity at the Bartlett Bay Treatment
Facility, only 17,758 gpd is available at this time. The remaining
14,497 gpd shall be placed on a waiting list. A zoning/building
permit utilizing 14,497 gpd shall not be issued until such time as
capacity is available as determined by the City Planner.
13. 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 .
14. 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"
construction drawings certified by a registered engineer.
15. The final plat plans, including survey plat, shall be
submitted within 12 months or this approval is null and void.
Chairman or Clerk
South Burlington Planning Commission
Date
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