HomeMy WebLinkAboutSD-97-0000 - Decision - 0155 Dorset StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT S �i7- 0 000
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of University Mall Realty Trust
to amend a previously approved planned unit development consisting
of a 525,100 square foot shopping center and drive -through bank
facility. The amendment consists of the following: 1) construct
a 111,392 square foot GLA addition to the main building, 2)
construct a 990 space multi -level parking structure, and 3) acquire
a 1.7 acre adjoining parcel, raze a single family dwelling and
construct a 15,469 square foot automotive center, University Mall,
155 Dorset Street.
On the 17th day of December, 1996, the South Burlington Planning
Commission approved the request of University Mall Realty Trust for
revised final plat approval under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This project consists of amending a previously approved planned
unit development consisting of a 525,100 square foot shopping
center and drive -through bank facility. The amendment consists of
the following: 1) construct a 111,392 square foot GLA addition to
the main building, 2) construct a 990 space multi -level parking
structure,and 3) acquire an 1.7 acre adjoining parcel, raze a
single family dwelling and construct a 15,469 square foot
automotive center, University Mall. The preliminary plat was
approved on 9/17/96.
2. This property located at 155 Dorset Street lies within the C1
and CO Districts. It is bounded on the north by a
motel/restaurant, on the west by I-89, on the east by Dorset Street
and on the south by single family residences.
3. Access/circulation: Access is currently provided by two (2)
signalized curb cuts serving the shopping center and one (1)
signalized curb cut serving the drive -through bank. Applicant is
proposing a right -turn entrance only driveway just north of the
Chittenden Bank. The applicant has designed this driveway to
comply with the requirement for a minimum 200 foot separation from
signalized intersections (Section 26.103(d) of the zoning
regulations).
4. Section 12.403(b) of the zoning regulations requires a minimum
separation of 400 feet between entrances to PUD's on either side of
a public street. Both University Mall and 100 Dorset Street are
PUD's. The Planning Commission has the authority to waive the 400
foot separation requirement between PUD entrances if the Planning
Commission finds that limitations of the site cause unusual
hardship.
5. In the parking structure, the furthest parking space from a
stairwell is 190 feet. Several sources recommended no more than
200 feet. The furthest space from an elevator is 328 feet, sources
recommend a maximum of 350 feet.
6. Coverage/setbacks: Building coverage is 29.9% (maximum allowed
is 30%). This percentage includes the parking structure which
should be included in the building coverage calculations. Overall
coverage is 68.7% (maximum allowed is 70%). Front yard coverage
will decrease from 39.5% to 36.2% (maximum allowed is 30%).
Setback requirements are being met.
7. Landscaping: The minimum landscaping requirement, based on
building costs, is $107,500 which is not being met. Proposed
landscaping is $10,110 short of the minimum requirement. The
applicant has complied with the following preliminary plat
conditions: 1) plant a row of trees along the U-Mall entrance road
in front of the auto service center, 2) use larger plant species
throughout the site, in particular, proposed size of deciduous
trees shall be increased to a minimum 22" - 3" caliper, and 3)
plant a row of trees in the new curbed area along the western limit
of the former Gleason parcel. Despite meeting these conditions the
amount of landscaping proposed is still short $10,110 from the
minimum landscaping requirement. The applicant proposed to plant
$10,110 worth of landscaping in an off -site location approved by
the City.
8. Parking: A total of 3383 parking spaces are required and 3160
spaces will be provided including 47 handicapped spaces (990 spaces
in the parking structure and 2170 surface spaces). This represents
a 223 space or 6.6% shortfall. The Planning Commission approved
this parking waiver as part of the preliminary plat approval. Two
(2) additional bike racks will be provided.
9. The City's required parking ratio is 5.5 spaces/1000 square
feet gla. The applicant is proposing 5.2 spaces/1000 square feet
gla. The Urban Land Institute recommends 5.0 spaces/1000 square
feet gla. The International Council of Shopping Centers recommends
4.8 spaces/1000 square feet gla.
10. Sewer: The additional sewer allocation requested is being
decreased from 4798 gpd to 4390 gpd. The applicant will be
required to pay the per gallon fee prior to permit.
11. C.O. District: The proposed addition no longer encroaches
into the C.O. District along the I-89 r.o.w. as was the case at
sketch plan review. The existing coverage along the interstate
corridor in the C.O. District will decrease form 47.2% to 45.8%.
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12. A portion of the automotive service center will encroach into
the C.O. District wetland buffer area. The Planning Commission may
allow this encroachment under Section 3.503 of the zoning
regulations if the encroachment will not significantly affect
adversely the attributes provided in Section 3.503(a)-(e). The
Natural Resources Committee reviewed this project and opposes the
encroachment. The applicant submitted a report addressing criteria
(a)-(e) which indicates that these criteria will not be adversely
affected. The Planning Commission approved this encroachment as
part of the preliminary plat approval.
13. Building height: The proposed department store addition will
meet the 35 foot height limitation for a flat roofed structure.
The stairwell and elevator areas for the proposed parking structure
will exceed the 35 foot height limitation by four (4) feet. The
pole lights on the top deck of the parking structure will exceed
the 35 foot height limit by nine (9) feet. The proposed HVAC units
will exceed the 35 foot height limitation by eight (8) feet.
14. The Planning Commission may allow an increase in height up to
45 feet if the Commission determines that a taller structure meets
the following criteria contained in Section 25.113(b)(i) - (iii) of
the zoning regulations:
(i) Will utilize topography and will relate to other existing
and proposed structures so as to be aesthetically compatible
with the neighborhood;
(ii) will not detract from scenic views of adjacent
properties or public streets and walkways; and
(iii) will allow retention of additional green space that
will enhance the appearance of the developed property.
15. The applicant requested a height waiver for the rooftop
apparatus, stairwell towers, and pole lights that will extend above
the 35 foot height limit. The applicant provided more green space
on the site to comply with Section 25.113(b) (iii) of the zoning
regulations to justify the increased height. The applicant
proposed to increase the square footage of the parking garage in
order to provide more parking spaces, and thereby turn some
existing surface parking into green space. Areas to be converted
to green space include providing more landscaped area along Dorset
Street, more planting islands in the parking area near Coburn and
Feeley, and provide a larger green belt along the interstate. The
Planning Commission approved the requested increase in height as
part of the preliminary plat approval.
16. Traffic: The applicant submitted a traffic impact analysis
which assesses the impact of the proposed development on the
following intersections:
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o Dorset Street/Williston Road
o Dorset Street/U-Mall north/Corporate Way
o Dorset Street/U-Mall south
o Dorset Street/Kennedy Drive
o I-89 northbound off-ramp/Williston Road east
o Dorset Street/100 Dorset Street/Chittenden Bank
o Dorset Street/Dorset Square driveway
o Patchen Road/Hinesburg Road/Williston Road
17. The study concluded that good levels of service are available
at the two (2) intersections on Dorset Street where direct access
is provided to University Mall. Acceptable performances were also
noted at the other six (6) intersections that were included in the
traffic impact study.
18. The following conditions (#19,20 and 21) regarding traffic
were required as part of preliminary plat approval:
19. Within fifteen months after the opening of the new north
entrance, the applicant shall file with the Commission a traffic
safety study of the southbound segment of Dorset Street between
Williston Road and the new north entrance of the Mall. The study
shall provide accident data for the one-year period following the
opening of the new north entrance and shall compare that data to
accident data for preceding periods of the same segment, in its
current configuration.
20. The Commission reserves jurisdiction over the project with
respect to traffic safety issues; the Commission shall have the
right to hold additional hearings and to impose additional approval
conditions, including without limitation the right to close the
most northern access to said planned unit development, if it
determines that unsafe conditions have resulted from the project.
21. Upon expiration or termination of the applicant's lease with
Chittenden Bank, or if an opportunity arises upon assignment or
renewal or otherwise of said lease, the applicant shall implement
certain changes in the access to the Chittenden property and U-Mall
property as required by the Commission. Details of these changes
shall be finalized at the final plat hearing. Prior to the final
plat hearing,the applicant shall submit a copy of the lease to the
City for review.
22. Lighting: Additional exterior lighting will consist of the
following:
--- 12 - 30 foot poles with 2-400 watt metal halide lamps with
downcasting shielded fixtures.
--- four ( 4 ) 30 foot poles with 1-400 watt metal halide lamps with
downcasting shielded fixtures.
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23. The proposed pole lights exceed the 20 foot height limitation
in the Performance Standards. These 30 foot poles were approved as
part of the preliminary plat approval. Details of any building
mounted lights should be approved by the City Planner prior to
permit issuance. A point by point lighting plan was submitted for
the entire site as required under the preliminary plat approval.
This plan conforms with the requirement that the maximum
illumination at ground level not be in excess of an average of
three (3) foot candles.
24. Dumpsters: Screened dumpster storage areas will be provided
on the entire site.
25. Other: As required by a condition attached to the preliminary
plat approval, the applicant submitted a conceptual plan showing a
future access through the Chittenden Bank property. Based on the
lease agreement with the Chittenden Bank, the earliest the U-Mall
could require this improvement to be made is in the year 2012,
unless the bank defaults on the present lease before then. The
Commission should include a condition similar to the preliminary
plat condition which requires this plan to be implemented when the
lease expires. Staff suggested that a final decision on whether or
not to implement the plan be made by the Commission prior to it
actually happening. The decision should be based on a final plan
and full evaluation of the impacts.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of
University Mall Realty Trust to amend a previously approved planned
unit development consisting of a 525,100 square foot shopping
center and drive -through bank facility. The amendment consists of
the following: 1) construct a 111,392 square foot GLA addition to
the main building, 2) construct a 990 space multi -level parking
structure,and 3) acquire a 1.7 acre adjoining parcel, raze a single
family dwelling and construct a 15,469 square foot automotive
center, University Mall, 155 Dorset Street, as depicted on an 18
page set of plans, sheet 1 of 15 entitled, "Overall Site Plan,
Proposed Expansion University Mall, 155 Dorset Street, South
Burlington," prepared by Pinkham Engineering Associates, Inc.,
dated 5/21/96, last revised 10/29/96 and a seven (7) page set of
plans entitled, "University Mall Dorset Street South Burlington,
Vermont, Grade Level Plan of Parking Structure," prepared by Sumner
Schein Architects and Engineers, Inc, dated 10/3/96, with the
following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
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2. Prior to issuance of a zoning permit, the applicant shall post
a $107,500 landscape bond. The bond shall remain in effect for
three (3) years to assure that the landscaping takes root and has
a good chance of surviving.
3. The Planning Commission grants a sewer allocation of 4390 gpd.
The applicant shall pay the per gallon fee prior to issuance of a
permit.
4. All new exterior lighting shall consist of downcasting shielded
fixtures so as not to cast light beyond the property line. Any
changes in lighting shall be approved by the City Planner prior to
installation.
5. Based upon the expressed representation of the applicant, the
applicant shall plant $10,110 worth of landscaping in a public
location determined appropriate by the City, in order to make up
y�the shortfall in required landscaping.
6. Pursuant to Section 26.256(b) of the zoning regulations, the
Planning Commission approves a total of 3160 parking spaces which
represents a 223 space or 6.6% shortfall. It is the Commission's
opinion based on guidelines published by the Urban Land Institute
and the International Council of Shopping Centers that the proposed
number of spaces will be adequate.
7. Pursuant to Section 3.503 of the zoning regulations, the
Planning Commission allows the encroachment of the automotive
service center with associated parking into the C.O. District
wetland buffer area. It is the Commission's opinion that the
attributes provided in section 3.503(a)-(e) of the zoning
regulations will not be adversely affected.
8. Trees shall be located outside of the relocated sewer main
easement.
9. The sewer main maximum distance between manholes shall be no
more than 300 feet.
10. Legal documents for the relocated sewer easement and access
drive easement shall be submitted to the City Attorney for approval
and shall be recorded in the South Burlington land records prior to
issuance of a zoning permit.
11. Pursuant to Section 12.406(a) of the zoning regulations, the
Planning Commission modifies the provisions of Section 12.403(b)
requiring a minimum separation of 400 feet between PUD entrances
due to limitations of the site.
12. Pursuant to Section 25.113(b) of the zoning regulations, the
Commission approves an increase in height for the parking structure
and building addition. For the parking structure,
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stairwell/elevator towers shall not exceed thirty-nine (39) feet
and light poles shall not exceed forty-four (44) feet as shown on
sheet A-5. For the building addition, the proposed HVAC units
shall not exceed eight (8) feet in height for a total building
height of forty-three (43) feet. It is the Commission's opinion
that the criteria under Section 25.113(b)(i)-(iii) are being met.
13. Within six (6) months of occupancy of the expanded shopping
center and automotive service center, the applicant shall submit to
the City for review a signal timing/phasing study for all Dorset
Street signals. The applicant shall be responsible for retiming
the signals based on the recommendations of the study and as
approved by the City. The methodology of the study shall be
approved by the City prior to commencement of the study.
14. For purposes of calculating required road impact fees under
the South Burlington Impact Fee Ordinance, the Planning Commission
estimates that the project will generate 379 additional P.M. peak
hour trip ends.
15. As expressly represented by the applicant, there shall be no
storage or display of tires, batteries or other merchandise outside
of the auto service center building.
16. Within fifteen months after the opening of the new north
entrance, the applicant shall file with the Commission a traffic
safety study of the southbound segment of Dorset Street between
Williston Road and the new north entrance of the Mall. The study
shall provide accident data for the one-year period following the
opening of the new north entrance and shall compare that data to
accident data for preceding periods of the same segment, in its
current configuration.
17. The Commission reserves jurisdiction over the project with
respect to traffic safety issues; the Commission shall have the
right to hold additional hearings and to impose additional approval
conditions, including without limitation the right to close the
most northern access to said planned unit development, if it
determines that unsafe conditions have resulted from the project.
18. Upon expiration or termination of the applicant's lease with
Chittenden Bank, or if an opportunity arises upon assignment or
renewal or otherwise of said lease, the applicant shall implement
certain changes in the access to the Chittenden Bank property and
U-Mall property as required by the Commission. Such changes may
include closing the northernmost entrance - only access to the U-
Mall property and constructing a joint access through the
Chittenden Bank property, as shown on the plan entitled,
"Conceptual Access Through Chittenden Bank," prepared by Pinkham
Engineering Associates, Inc., and dated 10/24/96. Prior to
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implementing said certain changes in access, the applicant shall
return to the Commission for a final decision on the access
changes, if any, to be implemented.
19. Prior to recording the final plat plans, the applicant shall
record a "Notice of Condition" in the South Burlington Land records
highlighting conditions under 16, 17, and 18, above.
20. Any change to the plat plans shall require approval by the
South Burlington Planning Commission.
21. The final plat plans (i.e., two (2) survey plats and sheets 1
of 15, 2 of 15, 6 of 15 and 8 of 15) shall be recorded in the land
l? records within 90 days or this approval is null and void. The
C�plans shall be signed by the Planning Commission Chair or Clerk
jr'yrior to recording.
22. The applicant shall install a physical barrier along the west
side of the property to prevent the parking of vehicles on
landscaped areas. The type of barrier shall be approved by the
City Planner prior to installation.
I
Chairman or Clerk
South Burlington Planning Commission
Date '
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