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HomeMy WebLinkAboutSD-04-50 - Decision - 0155 Dorset StreetCITY of SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY MALL REALTY TRUST — ELIMINATE CONDITION #11 FINAL PLAT APPLICATION #SD-04-50 FINDINGS OF FACT AND DECISION University Mall Realty Trust, hereafter referred to as the applicant, is requesting final plat approval #SD-03-70 to expand the shopping center by 1884 sq ft GLA at 155 Dorset Street. The applicant is requesting the Development Review Board eliminate condition #11 which requires a mutual access easement to the property to the north (University Inn). The South Burlington Development Review Board held public hearings on this application on August 3 and September 7, September 28, October 5, October 19, and November 9, 2004. George Khouri represented the applicant. Based on testimony provided at the above mentioned public hearings and the plans and supporting materials contained in the document file for the application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting final plat approval #SD-03-70 to expand the shopping center by 1884 sq ft GLA at 155 Dorset Street. The applicant is requesting the Development Review Board eliminate condition #11 which requires a mutual access easement to the property to the north (University Inn). 2. The property is located at 155 Dorset Street and lies within the C1 District. 3. The owner of record of this property is University Mall Realty Trust. 4. The final plat application was submitted on 6/25/04. 5. The final plat application included the following documents: a) Letter dated June 22, 2004 to the Development Review Board from Peter Waning of Finard & Company. b) Attachment A which is a lease agreement between Finard & Co and John Larkin dated 9/9/97. c) Attachment B which include excerpts from University Mall Leases with major tenants. d) Attachment C which includes the Planning Commission decision for the Sears store approval on 4/28/98. e) Attachment D which is a study of a northern connection to Unversity Inn prepared by Summit Engineering dated 6/2/04. 6. The plan submitted consists of a plan entitled "Overall Site Plan University Mall 155 Dorset Street South Burlington", prepared by Summit Engineering, Inc., dated 4/28/04. 7. On April 28, 1998, the adjacent University Inn was issued a permit that included a condition requiring construction of a vehicular connector between the Inn and the Mall at such time as there was any modification of the Final Plat approval for the Mall. A Notice of Conditions including this condition was filed in the land records as a requirement of the Inn approval. 8. The University Mall Realty Trust next came in front of the Development Review Board for final plat approval on November 4, 2003 for site design changes for the Kohl's Department Store. Condition #11 of that approval reads as follows: The applicant shall provide a mutual access easement to the property owner to the north (University Inn) approved by the City Attorney, to facilitate the construction of driveway and pedestrian connections between the two (2) properties, as depicted on the plans recorded in the South Burlington Land Records in Book 450, Page 83, within six (6) months of recording the final plat plan. This driveway and pedestrian connection shall be constructed by the applicant within one (1) year of the date of the exchange of legal documents facilitating this access connection. 9. This condition was imposed pursuant to Section 13.01(F) of the Land Development Regulations which reads in part as follows, "All commercial lots...... located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot". [emphasis added] 10. Along with the application for the Development Review Board meeting on August 3, 2004, the applicant submitted a traffic study which suggested that completion of the connector, which was contemplated in the University Inn permit and the Kohl's (11/2003) permit, would lead to deteriorating conditions at the Mall's entrance on Dorset Street. The board felt the assumptions in the traffic study were dubious, and asked Dufresne -Henry's traffic engineering consultant to evaluate the study. 11. The City's traffic consultant, Thaddeus Luther of Dufresne -Henry, reviewed the applicant's study. He submitted a report dated August 23, 2004. Nothing in -2- this report suggests that there should be no vehicular access connection between the Mall and the University Inn. It appears that the assumptions in the report are not consistent with standard traffic evaluation and paint a "worst case" picture for construction of the connector. The board is comfortable with the conclusions of the Dufresne -Henry evaluation. 12. It should be noted that despite the suggestion in the Dufresne -Henry report of moving the proposed connector west to make a four-way intersection, this is not before the Development Review Board at this time. The only issue to be decided is whether to eliminate condition #11 of the November 4, 2003 decision. 13. The applicant had the right and opportunity to appeal the previous decision (#SD-03-70) if condition #11 was unsatisfactory. They chose not to appeal. A relevant question to be asked is whether new information has come to light that was not or could not have been available as part of the review for #SD-03-70. The report entitled, "Study of a Northern Connection to University Mall" dated 6/2/04 prepared by the applicant for this application could have been prepared for the previous application. 14. The applicant has submitted a letter dated August 23, 2004 from Summit Engineering, Inc. This letter proposes a pedestrian link to the University Inn property in place of a vehicular access. The board supports a pedestrian connection, but only if it is built in addition to the requested vehicular access. 15. The applicant has also submitted a response to the City's traffic consultant's report of August 23, 2004. This response is dated September 1, 2004 from Summit Engineering, Inc. DECISION Motion by iA AXK boix C t1 ��, seconded by &A tO OW It, 6 /__, to approve Final Plat Application #SD-04-50 of University Mall Realty Tru t. Chuck Bolton - ye n abstain/not present Mark Boucher - yea na abstain/not present John Dinklage - yea na /abstain/not present Roger Farley - yea a abstain/not present _ Michele Kupersmith - yea/nay/abstainnot present Larry Kupferman - yea a abstain/not presen Gayle Quimby - yea na abstain/not present Motion Failed by a vote of D - (l - D . -3- Signed this day of January, 2005 by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -4-