HomeMy WebLinkAboutSD-03-72 - Decision - 0097 Spear StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
UVM PARKING GARAGE — PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAT APPLICATION #SD-03-72
FINDINGS of FACT AND DECISION
The University of Vermont, hereafter referred to as the applicant, is requesting preliminary plat plan
approval for a Planned Unit Development (PUD) consisting of a proposed 254,100 sq. ft. parking garage,
176,400 sq. ft. of which falls within the City of South Burlington. The subject property contains
approximately 14.43 acres located in South Burlington. The South Burlington portions of the property are
located in the Institutional and Agricultural -North (IA-N) District. The South Burlington
Development Review Board (DRB) held a public hearing on December 2, 2003. Bob Penniman
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the DRB finds, concludes, and
decides the following:
FINDINGS OF FACT
1. The applicant is requesting preliminary plat plan approval for a Planned Unit Development (PUD)
consisting of a proposed 254,100 sq. ft. parking garage, 176,400 sq. ft. of which falls within the City of
South Burlington. The subject property contains approximately 14.43 acres located in South Burlington.
2. The owner of the record is the University of Vermont.
3. The subject property contains 14.43 acres and is located in the Institutional and Agricultural -
North (IA-N) District.
4. The plans consist of twenty-one (21) sheets entitled "UVM Gutterson Parking Facility -
Burlington, Vermont", prepared by Civil Engineering Associates, Inc.; Smith, Alverez, and
Sienkiewycz Architects; Desman Associates; and Barr & Barr, Inc., dated December 28, 2001.
5. The Development Review Board reviewed the sketch plan on April 1, 2003.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional
IA-N Zoning District Required Proposed
Min. Lot Size 10 acres ±14.43 acres
Max. Buildinq Coverage 20% 10.31 %
4 Max. Overall Coverage
40%
38.57%
A Max. Front Yard Coverage
30%
unknown
♦ Min. Front Setback
75 ft.
<60 ft.
�l Min. Side Setback
50 ft.
>50 ft.
�l Min. Rear Setback
50 ft.
I >50 ft.
•Max. Building Height
1 40 ft.
unknown
q zoning compliance
+ information needs to be provided
♦ zoning discrepancy
Front Setback
Pursuant to Table C-2 of the Land Development Regulations, all structures in the IA-N Zoning
District shall be setback 75' from the front property line or street right-of-way, whichever is closer.
The proposed project has a front yard setback of only 60'. This will require a 15' waiver from the
DRB, pursuant to Section 15.02(3) of the Land Development Regulations.
Front Yard Coverage
Section 3.06(H) of the Land Development Regulations prohibits more than 30% of the front
setback from being used for driveways and parking, and the balance shall be landscaped.
Furthermore, a continuous landscaped strip of 15 ft. in width traversed only by driveways and
sidewalks shall be maintained between the street right-of-way and the balance of the lot.
The applicant has stated that the front yard coverage will not change as a result of the proposed
project. The applicant has received permission from the City Council to use the City's right-of-way
along Spear Street for landscaping, but it shall not count towards coverage requirements.
Height
The applicant has indicated that the height of the proposed parking structure will be 29 ft. to the top
of the brick columns and 32.5 ft. to the top of the stair towers, measured from the finished grade of
the lower parking level. Pursuant to Section 3.07 of the Land Development Regulations, no point of
the parking structure shall rise more than 35 ft. above the average preconstruction grade. The
Development Review Board notes that this standard applies to the portions of the parking structure
falling within the City of South Burlington. The plans, therefore, need to be revised to show the
average pre -construction grade of the area under the garage footprint and indicate the maximum
height of the garage in relation to the average pre -construction grade.
Traffic
For a PUD application, Section 15.12(E)(1) of the Land Development Regulations establishes level
of service measures rather than traffic generation measures as limiters to the proposed
development. According to Section 15.12(E)(1) of the Land Development Regulations, the nearest
signalized intersection, or those intersections specified by the DRB , must maintain a level of
service of "D" or better at the peak hour, including the anticipated impact of the proposed
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development. It is unclear what the current level of service is or what level of service would result
from the development of the proposed parking facility.
The applicant has submitted a traffic impact study prepared by Resource Systems Group, Inc.
During the sketch plan review stage of this project, on April 1, 2003, the DRB passed a motion to
invoke technical review of the applicant's traffic study. The City contracted Lamoureux and
Dickinson to perform the technical review. Roger Dickinson, of Lamoureux and Dickinson, is
currently reviewing the applicant's traffic study and his comments and analysis will be made
available at the meeting.
Institutional & Agricultural District
Section 7.01(F)(1) of the Land Development Regulations requires properties in the IA-N District
west of Spear Street and north of Quarry Hill Road to maintain an undeveloped area for a minimum
of 65 ft. between the boundary of an adjacent residential district and any new non-residential
structure. The plans show that the proposed parking structure will be approximately 95 ft. from the
zoning district boundary, which occurs at the center of the Spear Street right-of-way. However, the
DRB may require landscaping or other suitable screening in accordance with Section 3.06 to
ensure adequate buffering of non-residential uses from residential uses.
PLANNED UNIT DEVELOPMENT STANDARDS
Sidewalks & Recreation Paths
Section 15.13(M)(1) of the Land Development Regulations requires sidewalks and/or recreation
paths on both sides of arterial streets at locations to be determined by the DRB. The plans indicate
no sidewalk or recreation path exists on either side of Spear Street in the vicinity of the Gutterson
parking facility. The applicant has not proposed any sidewalk or recreation path. The Development
Review Board does not recommend a sidewalk be constructed along Spear Street as part of the
proposed project.
In a letter dated November 4, 2003, the Recreation Path Committee requested that the applicant
provide recreation path easement along Spear Street from the jug handle to the northerly end of
the proposed parking facility.
Section 15.13(F) of the Land Development Regulations requires that the PUD meet the standards
of the Vermont Stormwater Management Manual. The City Engineer reviewed the plans and did
not have any issues with the preliminary stormwater details.
Pursuant to Section 15.18 of the Land Development Regulations, PUDs shall comply with the
following standards and conditions:
(a) Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
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As already indicated water and wastewater services are not proposed. The applicant has
submitted a letter from the City of Burlington's Public Works Department stating that the City of
Burlington has sufficient water and wastewater capacity to serve the proposed project.
(b) Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
Sheets C10 and C11 of the plans contain the applicant's erosion control plan and associated
details. The City Engineer reviewed the plans and did not raise any issues with the erosion control
plans or details.
(c) The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
The applicant has submitted a traffic impact study prepared by Resource Systems Group, Inc.
During the sketch plan review stage of this project, on April 1, 2003, the DRB passed a motion to
invoke technical review of the applicant's traffic study. The City contracted Lamoureux and
Dickinson to perform the technical review. Roger Dickinson, of Lamoureux and Dickinson,
reviewed the applicant's traffic study.
(d) The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
No wetlands, streams, wildlife habitat, or unique natural features are present on the site.
(e) The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
Section 7.01(A) of the Land Development Regulations indicates that university -related uses should
be integrated "into the City's overall land use pattern through the use of appropriate site planning
techniques that promote a beneficial pattern of access, circulation, landscaping, and pedestrian
connections between University properties and adjacent neighborhoods."
(� Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
The portions of the site currently covered by the parking lot will be covered by the new parking lot
and the proposed parking structure. Some green space within the existing parking lot will be
eliminated for the construction of the parking structure. However, open space areas on other
portions of the subject property will not be affected. Therefore, it is the Development Review
Board's opinion that this requirement is being met.
(g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
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Fire Chief Doug Brent has indicated that the City of Burlington Fire Department has jurisdiction for
emergency response to the subject property. The applicant has submitted a letter from the City of
Burlington's Fire Department indicating they have jurisdiction over the proposed structure.
(h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
Stormwater details have been approved by the City Engineer. Landscaping is proposed within the
Spear Street right-of-way to screen the parking structure. The Development Review Board has
recommended that the DRB require the applicant to comply with the requests of the Recreation
Path Committee to provide a recreation easement along Spear Street.
The applicant has submitted a letter from the Burlington Electric Department stating that the City of
Burlington will provide the necessary electrical services to the proposed project.
The applicant submitted a lighting point by point plan.
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more
than 30' above ground level and the maximum illumination at ground level shall not exceed an average of
three (3) foot candles.
The lighting plan that the applicant has submitted indicates that the average illumination at ground level is
1.76 foot candles, which meets the requirement.
Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect glare produced by
illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot
candles average.
The lighting point plan submitted by the applicant does not show spillage points, so The Development
Review Board does not have sufficient information to make a determination on this requirement.
(i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The parking area lighting plan must comply with Section 13.07 of the Land Development
Regulations. The applicant has submitted exterior lighting details for the proposed project, which
are in compliance with Appendix D of the Land Development Regulations. The height of poles for
the proposed lighting for the parking area is 19' 9" and the height of the poles for the proposed
lighting for the pedestrian areas is 12' 0". Both of the proposed heights are in compliance with
Section 13.07(B) of the Land Development Regulations.
Q) The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
In general, the project is consistent with the goals and objectives of the Comprehensive Plan. The
Comprehensive Plan recommends that the City pursue partnerships to explore the implementation
of transportation management techniques as mitigation to potential negative traffic impacts
resulting from proposed development. The Development Review Board feels that the potential
traffic management techniques that arise as a result of the applicant's traffic study's
recommendations and the recommendations of the technical review of that traffic study will work
towards accomplishing this goal.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site
plan approval. Section 14.06 establishes the following general review standards for all site plan
applications:
(a) The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
The proposed parking facility is part of a much larger site, which includes the University of Vermont
athletic complex, student housing, and administrative offices, with existing pedestrian pathways,
roadways, landscaping, and parking facilities. Most of the site falls within the City of Burlington. The
proposed parking garage would be the only structure within the City of South Burlington on the
subject parcel of land. The applicant has indicated that the parking facility would add an additional
550 parking spaces for the site. The Development Review Board feels the proposed structure
accomplishes a reasonable transition from structure to site and from structure to structure, as the
existing buildings on the site are all large. The applicant received permission from the City Council
to utilize the Spear Street right-of-way, so adequate planting area is being provided.
The plans do not clearly depict existing or proposed sidewalks that will facilitate pedestrian
movement to and from the proposed structure.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The site is already extensively developed and the new parking facility is proposed to be built over
existing parking lot along the Spear Street frontage. The Development Review Board believes that
this is acceptable.
(c) Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
The height of the proposed structure is 32.5 feet from the finished grade of the site. The
Development Review Board has already stated that the plans shall be revised to indicate that
height of the proposed structure from average pre -construction grade.
The Development Review Board feels the proposed parking structure is compatible with the scale
and height of the existing buildings on the site, which are all UVM buildings. The proposed
structure is not compatible with the existing single-family dwelling on the opposite side of Spear
Street, but sufficient landscaping is proposed to mitigate the visual impacts from the proposed
structure.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
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The Development Review Board has already noted that pursuant to Section 15.13(E) of the Land
Development Regulations, any new utility lines, services, and service modifications shall be
underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
It appears that the proposal will incorporate a diversity of design elements that will offer attractive
transitions between the massive brick fagade of the adjoining PFG Complex and the parking
garage, including brick columns on the parking structure and a mix of deciduous and conifer tree
species surrounding the parking facility.
(f) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
The proposed parking structure takes advantage of the sloped grade of the site to minimize the
size of the structure and integrate it with the terrain. In addition, the applicant proposes regrading
the easterly tier of exterior parking below existing grade to prevent vehicle headlights from shining
onto adjacent residential properties. Again, landscaping and the columnar structure of the parking
garage offer an attractive visual alternative to the massive brick fagade of the athletic complex.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
The subject site is part of a much larger site containing multiple university offices and facilities. The
existing Spear Street curb cuts will be retained. In addition, the applicant will be upgrading
University Heights to provide access onto Main Street in Burlington. Interior connections to
Prospect Street in Burlington will also be provided.
(b) Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
The Development Review Board has already indicated that pursuant to Section 15.13(E) of the
Land Development Regulations, any new utility lines, services, and service modifications shall be
underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
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No solid waste facilities are shown. The Development Review Board suggests that the parking
structure include small solid waste disposal receptacles in that vicinity of interior staircases and/or
pedestrian exits. Dumpster sized solid waste containers are not necessary for the proposed
parking facilities.
Parking
Section 13.01(G)(1) of the Land Development Regulations establishes design requirements for
parking spaces. Design guidelines for parking structures are further detailed in Design Guidelines
for Parking Structures, dated March 1997. Internal aisles appear to be between 18 and 24 ft. wide.
Some parking spaces appear to be at a 70 degree angle to internal aisles. Other spaces appear to
be at a 90 degree angle to internal aisles. Stall dimensions are not indicated on the plans, but all
stall appear to be 8.5 ft. wide by 18 ft. deep. This does not comply with the dimensional
requirements outlined in Table 13-8 of the Land Development Regulations. However, during the
sketch plan review the Development Review Board stated that 8.5' wide parking spaces were
acceptable within the proposed parking structure, but that the spaces surrounding the proposed
structure need to be 9' wide.
Section 13.01(G)(5) of the Land Development Regulations requires that bicycle parking or storage
facilities are provided for employees, residents, and visitors to the site. The plans do not depict
bicycle parking facilities associated with the proposed project
Pursuant to Section 13.01(1) of the Land Development Regulations, 2% of the spaces within the
proposed parking facility must be handicapped -accessible and comply with ADA Accessibility
Guidelines. The proposed project contains a total of 1,312 parking spaces (765 existing and 550
new), so a total of 27 handicapped -accessible parking spaces shall be provided. Furthermore, one
in every eight handicapped -accessible spaces must be van accessible and signed "van
accessible". The plans do not indicate the number, size, or location of accessible spaces, although
the applicant has indicated accessible spaces will be located proximate to buildings on the first two
levels of the parking facility.
The Development Review Board notes that Section 13.01(M) of the Land Development
Regulations gives the DRB authority to require design elements for parking structures that
specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for
approval.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping, and screening
shall be required for all uses subject to site plan and PUD review, and street tree plantings shall be
required for all public streets in a PUD. Landscaping plans are provided on Sheet L-1 of the plans.
Section 13.06(B) requires parking facilities to be curbed and landscaped with appropriate trees,
shrubs, and other plants including ground covers. This Section does not apply to the project
because the parking area surrounding the proposed structure is existing.
Pursuant to Section 13.06(B)(4), snow storage areas must be shown on the plans. The plans do
not show snow storage areas.
Section 13.06(C) of the Land Development Regulations requires landscaping and/or screening
whenever two adjacent uses are dissimilar. Furthermore, Section 13.06(C)(3) requires landscaping
to be designed to minimize erosion and stormwater runoff, and to protect neighboring residential
properties from parking areas. The adjacent residential uses necessitate such screening along the
Spear Street right-of-way. The Development Review Board notes that the proposed landscape
screening is entirely within the Spear Street right-of-way. At its meeting on September 15, 2003
the City Council granted the applicant permission to utilize the City's Spear Street right-of-way for
landscaping to meet the requirements of Section 13.06(C) of the Land Development Regulations
(minutes attached). The Development Review Board notes that this approval is solely for the
purposes of landscaping and is not to count towards the applicant's coverage requirements for the
property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(3) of the
Land Development Regulations, and shall be prepared by a landscape architect or professional
landscape designer. Required costs are based on construction costs. Accordingly, the applicant
must submit a proposed landscape budget.
The City Arborist has approved the most recent landscaping plans and provided comments in a
letter dated November 24, 2003.
Other
The City Engineer reviewed the plans.
DECISION
Motion by Mark Boucher, seconded by Gayle Quimby, to approve Preliminary Plat Application
#SD-03-72, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended herein.
2. This project shall be completed as shown on the plans submitted by the applicant, as amended
by this decision, and on file in the South Burlington Department of Planning & Zoning.
3. The plans shall be revised prior to final plat submittal as follows:
a. The plans shall be revised to show pre -construction and post -construction front yard coverage
information.
b. The plans shall be revised to show the average preconstruction grade of the area under the garage
footprint and indicate the maximum height of the garage in relation to the average pre -construction
grade.
c. The plans shall be revised to include detailed stormwater plans for review and approval of the
City Engineer.
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d. The lighting plan shall be revised to show spillage points that are in compliance with
Appendix A.10(b) of the Land Development Regulations.
e. The plans shall be revised to clearly depict the location of all proposed lighting.
f. The plans shall be revised to clearly depict any existing or proposed sidewalks extending to and
from the proposed structure.
g. The plans shall be revised to provide bicycle parking facilities for the site.
h. The plans shall be revised to clearly depict the size and location of at least 27 handicapped -
accessible parking spaces.
i. The landscape plan shall be revised to indicate the landscape professional who prepared the plan.
j. The plans shall be revised to clearly depict snow storage areas on the subject property.
4. The exterior parking spaces that exist on the site today are grandfathered and are approved at 8.5'
wide.
5. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater
Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations.
6. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan shall meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
8. The applicant shall submit a document with the final plat application that describes how the
proposed parking facility complies with the standards set forth in the South Burlington Design
Guidelines for Parking Structures dated March 1997. Any discrepancies shall be identified and
defended in this document, so that the DRB can make an informed decision
9. The applicant shall submit a proposed landscape budget pursuant to Section 13.06(Gx3) of the
Land Development Regulations with the final plat application.
10. The applicant shall submit a revised traffic impact study with the final plat application that
includes all of the recommendations outlined in the letter from Roger Dickinson, dated November
26, 2003. In additional, the final plat plans shall incorporate the recommendations of the updated
traffic impact study.
11. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit a Certificate of Title, with the final plat submittal, showing the ownership
of all property and easements to be dedicated or acquired by the City, and said Certificate of
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Title shall be approved by the City Attorney.
12. The applicant shall submit a final plat plan application within 12 months of this decision or
this approval is null and void.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-1-0.
Signed the _6day of December, 2003, by
-' V hn Dinklage, Chair"
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