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HomeMy WebLinkAboutSP-23-014 - Decision - 0155 0225 Dorset Street#SP-23-014 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY MALL, LLC – 155 DORSET STREET SITE PLAN APPLICATION #SP-23-014 FINDINGS OF FACT AND DECISION Burlington UMall Owner, LLC, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 705,335 sf shopping center complex. The amendment consists of site modifications at an existing building in the southeastern corner of the property, including altering the approved exterior lighting and expanding the sidewalk, 155 Dorset Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking site plan approval to amend a previously approved plan for a 705,335 sf shopping center complex. The amendment consists of site modifications at an existing building in the southeastern corner of the property, including alterations to the approved exterior lighting and expanding the sidewalk, 155 Dorset Street. 2. The application was received on May 12, 2023. 3. The owner of record of the subject property is Burlington UMall Owner, LLC. 4. The subject property is located in Transect Zone 4 of the Form Based Code Zoning District and the Transit Overlay District. 5. Portions of the subject property which are not proposed to be impacted are located within the River Corridor Overlay District, the 500-Year Floodplain Zone B1, and the Wetland Advisory Layer. 6. The subject property is a roughly 50-acre parcel that is developed with a Planned Unit Development including a number of commercial buildings that total 705,335 square feet of Shopping Center use. 7. The plans submitted consist of the following: Sheet No. Plan Description Prepared by Last Revised Date C-1.00 Site Plan VHB 5/18/2023 C-2.00 General Notes & Details VHB 5/3/2023 LI1.00 Site Lighting Plan VHB 4/11/2023 unnumbered Altered Building Renderings/Elevations Smith Buckley 4/12/2023 DIMENSIONAL REQUIREMENTS No changes to dimensional standards are being proposed. All additional sidewalk area is proposed to replace existing paved surface – as such, there will be no increase in impervious lot coverage. #SP-23-014 SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 14.07 Disposal of Wastes The existing dumpster enclosure meets the standards of this section. No changes or alterations to this dumpster enclosure are being proposed as part of this application. OTHER STANDARDS 13.03 Bicycle Parking and Storage This property Table 13-3 specifies the minimum number of short-term bicycle parking spaces required by different uses of various sizes, measured in square feet GFA. The parking requirement for “retail, restaurant, office, and all other non-residential uses except Educational facility” is 1 short-term bike parking space per 5,000 sf GFA, with a minimum of 4 bike parking spaces for any one building. The subject property (the UMall) has 705,335 sf of retail use and has a previously approved bicycle parking plan (#SP-22- 037) that provides 133 short-term parking spaces. The applicant is proposing to relocate 4 of these previously approved 133 spaces to provide short-term bicycle parking services for an existing building in the southeastern corner of the property. The applicant is proposing two (2) ‘inverted-U’-style bike racks in a converted vehicle parking space near the principal entrance to the building in question, which will provide 4 short-term bicycle parking spaces. The spaces will be protected from vehicle traffic via proposed curbing and will meet the bicycle parking installation standards of Appendix G. Long-term bike parking is only required for new builds or for renovations that affect at least 50% of load-bearing walls or beams. The applicant is proposing an interior fit-up that will impact fewer than 50% of load-bearing walls or beams, so this project does not necessitate the creation of a long-term bike storage area. The Administrative Officer finds this criterion met. 13.04.B(7) Snow Storage Per Section 13.04(B)(7), “snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface water.” The snow storage areas are indicated on the site plan. The Administrative Officer finds this criterion met. 13.07 Exterior Lighting Per Section 13.07.A, exterior lighting “shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street”. Additional standards pertaining to lighting levels are included in Appendix B. The proposed exterior light fixtures are all proposed to be downcast and shielded, and the light emitted by the fixtures will not be visible from any adjacent property or from Dorset Street. Illumination levels are consistent with those permitted in Appendix B. As such, the Administrative Officer finds this criterion met. #SP-23-014 Traffic Impacts The subject property (the UMall) has an approved trip generation that is based on all uses within the entire property being classified as ‘Shopping Center’ use (ITE Land Use Code #820). The traffic impact analysis approved in conjunction with a 1996 Subdivision approval for a 126,861 sf expansion of the existing shopping center calculated the trip generation of the expansion by applying the ‘Shopping Center’ land use code to entire 126,861 sf expansion, including an 111,392 sf department store and the 15,469 sf building in the southeast corner of the property that is the subject of this present application. The traffic impact analysis found that the additional 126,861 sf of ‘Shopping Center’ use would collectively result in an increase of 379 PM peak hour trips. Although the building in the southeastern corner of the subject property has previously been used as an automobile care center, it was initially approved as ‘Shopping Center’ use, as evidenced by the 1996 traffic impact analysis referenced above and a 2013 Subdivision approval which identifies the land use of the entire UMall property as ‘Shopping Center’ use. The proposed conversion of this building into six retail suites will increase the amount of PM peak hour trips as compared to the number of trips currently generated by this building, but the proposed conversion will not increase that amount of traffic generation beyond the previously approved amount for this building. Therefore, the Administrative Officer finds that the proposed project will not have an impact on traffic beyond that which has been approved and finds that the applicant is not required to provide any traffic mitigation measures or pay any traffic impact fees. Water & Wastewater Allocation The applicant has provided an Ability to Serve notice from the South Burlington Water District, certifying that the City can furnish the required water allocation of 1,776 gallons per day. Additionally, the Director of Public Works has preliminarily approved the applicant’s wastewater allocation application #WWA-23-122, certifying that the City can provide the required wastewater allocation of 1,776 gallons per day. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-014 of Burlington UMall Owner, LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDRs, but the request must be submitted prior to the expiration of this approval. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. #SP-23-014 5. Any new exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 6. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the features amended herein. 8. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 9. Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this 31st day of May, 2023 by ___________________________________ Marty Gillies, Acting Administrative Officer Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.