HomeMy WebLinkAboutSD-04-75 - Decision - 0360 Dorset StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SOUTH BURLINGTON REALTY- PLANNED UNIT DEVELOPMENT- 360
DORSET STREET
FINAL PLAT APPLICATION #SD-04-75
South Burlington Realty, hereinafter referred to as the applicant, is seeking final plat
approval to amend a planned unit development consisting of: 1) 34,506 sq ft of medical
office use, 2) 1,803 sq ft of general office use, and 3) 2,400 sq ft of restaurant & retail
use. The amendment consists of converting 2,400 sq ft of restaurant & retail use to
retail food establishment use with less than 5,000 sq ft, 360 Dorset Street. The South
Burlington Development Review Board held a public hearing on November 9, 2004.
John Jaeger 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 Development
Review Board finds, concludes, and decides the following:
FINDINGS of FACT
1. The applicant is seeking final plat approval to amend a planned unit development
consisting of: 1) 34,506 sq ft of medical office use, 2) 1,803 sq ft of general office
use, and 3) 2,400 sq ft of restaurant & retail use. The amendment consists of
converting 2,400 sq ft of restaurant & retail use to retail food establishment use
with less than 5,000 sq ft, 360 Dorset Street.
2. The owner of record of the subject property is South Burlington Realty.
3. The subject property is located in the Central District 2 Zoning District.
4. The plans consist of a plan entitled "South Burlington Realty South Burlington
Vermont", prepared by Llewellyn -Howley, Inc., dated 5/7/99, last revised on
10/7/04.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the proposed Land Development Regulations, PUDs shall
comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
If needed, the applicant shall obtain preliminary wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to final plat plan approval.
If needed, the applicant shall obtain water allocation approval from the South Burlington
Water Department, prior to final approval.
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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.
This criterion is not applicable to the proposed project
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access and circulation on the subject property will remain unchanged through the
proposed project.
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.
There are no wetlands, streams, wildlife habitat, or unique natural features on the subject
property.
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.
The exterior of the building on the subject property will not be altered through the proposed
project.
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 andlor
stream buffer areas.
Open space requirements are not applicable to the proposed project
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.
The building configuration and site layout are not being altered through the proposed
project, so review by the Fire Chief is not necessary.
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.
None of the above -mentioned utilities or infrastructure are being altered through the
proposed project.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
None of the above -mentioned utilities or infrastructure are being altered through the
proposed project.
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The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is in conformance with the Comprehensive Plan.
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:
Due attention by the applicant should be given to the goals and objectives and the
stated land use policies for the City of South Burlington as set forth in the
Comprehensive Plan.
The proposed project is in conformance with the Comprehensive Plan.
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 project will not have an impact on the relationship between structure and the
site, the relationship between structure and structure, planting areas, or pedestrian
movement.
Pursuant to Section 13.01 of the Land Development Regulations, the existing use of the
2,400 square foot space requires 16 parking spaces, while the proposed use requires
16.08 parking spaces. The 0.08 space increase in the parking requirement is not
significant enough to require an additional parking space at this time.
Pursuant to Section 13.01(G)(5) of the Land Development Regulations, the plans depict a
bicycle rack.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces on the subject properties currently exist and will not be altered through
this project.
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 building on the subject property is not being altered through the proposed project.
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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Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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.
The proposed project does not create any opportunities to create attractive transitions
between buildings.
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 building on the subject property is not being altered through the proposed project.
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:
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.
There are not any opportunities to provide additional access to adjacent properties.
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.
It has already been indicated that utility lines must be underground.
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).
The plans show an adequately screened dumpster on the subject property.
Landscaping
No construction or exterior alterations are proposed through this application. Thus, the
standard landscaping requirement for planned unit developments are not applicable to the
project.
Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas
must be shown on the plans. The plans do not show adequate snow storage areas.
Traffic
The existing use of subject 2,400 square foot space was estimated to generate 12 P.M.
peak -hour vtes. According the ITE, 7th Edition, the proposed use (LU: 814) is estimated
to generate 6.5 P.M. peak -hour vtes. Thus, there is no anticipated increase to P.M.
peak -hour traffic flows.
DECISION
Motion by 41416Z, seconded by
to approve F�Plat #SD-04-75 if South Burlington Realty, 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 plat submitted by the applicant, and
on file in the South Burlington Department of Planning & Zoning.
3) The plan shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plan shall be
submitted to the Administrative Officer prior to recording.
a) The plan shall be revised to depict adequate snow storage areas.
4) If needed, the applicant shall obtain preliminary wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to permit issuance.
5) if needed, the applicant shall obtain water allocation approval from the South Burlington
Water Department, prior to permit issuance.
6) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
7) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
8) The final plat plan (site plan) shall be recorded in the land records within 90 days or
this approval is null and void. The plan shall be signed by the Board Chair or Clerk
prior to recording.
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Chuck Bolton §yn1
ay/abstain/not present
Mark Boucher ay/abstain/not present
John Dinklage nay/abstain/n ent
Roger Farley —a /abstai not resent
Michele Kupersmith ye nay/abstain/not resent
Larry Kupferman — yea nay/abstain of presen
Gayle Quimby — e nay/abstain/not presen
Motion carried by a vote of 5-- 0 - D
Signed this � day of November, 2004 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).
Rev