HomeMy WebLinkAboutSD-03-81 - Decision - 0097 Spear StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
UVM PARKING GARAGE — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-03-81
FINDINGS of FACT AND DECISION
The University of Vermont, hereafter referred to as the applicant, is requesting fmal 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 January 20, 2004.
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 fmal 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 one (1) sheet entitled "South Campus Master Plan", prepared by Krebs
and Lansing Consulting Engineers, Inc., dated December 10, 2003; one (1) sheet entitled
"Overall Watersheds with Snow Storage", prepared by Krebs and Lansing Consulting Engineers,
Inc., dated December 11, 2003; sixteen (16) 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 October 30, 2003, last
revised on December 12, 2003; and one (1) survey plat entitled `Burlington/South Burlington
City Line from Main Street South to 233 Spear Street", prepared by Harris G. Abbott, dated June
25, 2003.
5. The Development Review Board granted preliminary plat plan approval of the project on
December 2, 2003.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
IA-N Zoning District
Required
Pro osed
4 Mn. Lot Size
10 acres
±14.43 acres
Max. Building Coverage
20%
10.31%
Max. Overall Coverage
40%
38.57%
4 Max. Front Yard Coverage
30%
38.07%
♦ Min. Front Setback
75 ft.
60 ft.
Min. Side Setback
50 ft.
>50 ft.
Min. Rear Setback
50 ft.
> 50 ft.
Max. Buildin Hei ht
35 ft.
34 ft.
zoning compliance
♦ waiver required pursuant to Section 15.02(A)(3) of the Land Development
Regulations
40 preexisting noncompliance
Setbacks
Pursuant to Table C-2 of the South Burlington Land Development Regulations, all structures in the
IA-N District require a 75 ft. front yard setback. The front yard setback of the proposed project is
approximately 60 ft., which is not in compliance with the South Burlington Land Development
Regulations. However, pursuant to Section 15.02(A)(3) of the South Burlington Land Development
Regulations, in conjunction with PUD review, the Development Review Board may allow a new
structure up to 5 ft. from any property line. Thus, the Development Review Board may approve this
setback encroachment for the proposed project.
Front Yard Coverage
Section 3.06(H) of the South Burlington 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, which is currently 38.07%, 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.
Pa
Height
Pursuant to Section 3.07 of the South Burlington Land Development Regulations, no point of the
parking structure shall rise more than 35 ft. above the average pre -construction grade. This standard
applies to the portions of the parking structure falling within the City of South Burlington. The
applicant submitted a building elevation plan which indicates that the height of the proposed
parking structure will be 34 ft., measured from the average pre -construction grade of the site (393')
to the top of the lighting fixtures (427).
Traffic
For a PUD application, Section 15.12(E)(1) of the South Burlington 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 South Burlington 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 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 submitted a traffic impact study prepared by Resource Systems Group, Inc. The
original traffic study is dated December 2001, but the study was updated in May 2003. On April 1,
2003, during the sketch plan review stage of this project, 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, worked with
Resource Systems Group, Inc. throughout the process of developing the traffic study. Roger
Dickinson reviewed the traffic study for UVM and provided his comments to Resource Systems
Group, Inc. in a memorandum dated November 26, 2003. Resource Systems Group, Inc. responded
to Roger Dickinson's concerns in a memorandum dated January 12, 2004. Roger then provided his
final comments on the traffic study in a memorandum dated January 16, 2004. The traffic study for
this project and associated memorandums are incorporated by reference.
Institutional & Agricultural District
Section 7.01(F)(1) of the South Burlington 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 of the South Burlington Land Development Regulations to ensure adequate buffering of non-
residential uses from residential uses.
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PLANNED UNIT DEVELOPMENT STANDARDS
Sidewalks & Recreation Paths
Section 15.13(M)(1) of the South Burlington 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 DRB does not require a sidewalk to be constructed along Spear Street as part of the proposed
project.
Section 15.13(F) of the South Burlington Land Development Regulations requires that the PUD
meet the standards of the Vermont Stormwater Management Manual. The City Engineer reviewed
and approved the final stormwater plans for the proposed project.
Pursuant to Section 15.18 of the South Burlington 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
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.
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 C 10 and C 11 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.
The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
The applicant submitted a traffic impact study prepared by Resource Systems Group, Inc. The
original traffic study is dated December 2001, but the study was updated in May 2003. On April 1,
2003, during the sketch plan review stage of this project, 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, worked with
Resource Systems Group, Inc. throughout the process of developing the traffic study. Roger
Dickinson reviewed the traffic study for UVM and provided his comments to Resource Systems
Group, Inc. in a memorandum dated November 26, 2003. Resource Systems Group, Inc. responded
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to Roger Dickinson's concerns in a memorandum dated January 12, 2004. Roger then provided his
final comments on the traffic study in a memorandum dated January 16, 2004.
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.
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 districts) in which it
is located
Section 7.01(A) of the South Burlington 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." The proposed project meets this standard.
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, this requirement is being met.
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
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.
Roads, recreation paths, storm waterfacilities, 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 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, which is contained on Sheet SL-1 of the
plans.
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Pursuant to Appendix A.9 of the South Burlington 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 does not indicate the average illumination at ground level on the site. Staff
notes that the area that the proposed lighting plan covers is sufficient for the proposed project.
However, the average illumination at ground level must be calculated to ensure it is in
compliance with the Appendix A.9 of the South Burlington Land Development Regulations.
Pursuant to Appendix A.10(b) of the South Burlington 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 plan describes the indirect illumination levels in relation to the "Spear Street corridor,
edge of pavement." However, the lighting plans must be revised to indicate the indirect
illumination levels in relation to the property line. The illumination levels at ground level on the
exterior of the property line shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot
candles.
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 South Burlington Land
Development Regulations. The applicant has submitted a lighting plan and exterior lighting details
for the proposed project, which are in compliance with Appendix D of the South Burlington 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 South Burlington Land
Development Regulations.
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 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.
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SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, and
shall require site plan approval. Section 14.06 establishes the following general review standards for
all site plan applications:
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 area&
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 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 depict a network of sidewalks extending from the proposed structure to facilitate
pedestrian movement.
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. Therefore, the location of both the existing and
proposed parking spaces is acceptable.
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 parking structure will be 34 ft., measured from the average pre -
construction grade of the site (393') to the top of the lighting fixtures (427').
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 dwellings on the opposite side of Spear Street, but sufficient landscaping is proposed
to mitigate the visual impacts from the proposed structure.
Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extentfeasible, be underground
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
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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 proposed project will incorporate a diversity of design elements that will offer
attractive transitions between the massive brick facade 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.
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 South Burlington 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 or 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.
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.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
All dumpsters and otherfacilities 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).
E:?
No solid waste facilities are shown. Dumpster-size solid waste containers are not necessary for the
proposed parking facilities.
Parking
Section 13.01(G)(1) of the South Burlington Land Development Regulations establishes design
requirements for parking spaces. Design guidelines for parking structures are further detailed in
Dego 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 8.5 ft. wide by 18 ft.
deep. This does not comply with the dimensional requirements outlined in Table 13-8 of the South
Burlington Land Development Regulations. However, during the sketch plan review of this project
the DRB 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. However, during the
preliminary plat approval of the project, the DRB approved the existing spaces on the exterior of the
proposed structure at 8.5' wide. Thus, the DRB has approved all of the spaces relating to the
subject project at 8.5' wide.
One of the conditions of preliminary approval was that 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. The applicant has responded to this condition stating that "the proposed
project complies with all applicable guidelines per the South Burlington Design Guidelines for
Parking Structures dated March 1997. This is sufficient for approval.
Section 13.01(G)(5) of the South Burlington Land Development Regulations requires that bicycle
parking or storage facilities are provided for employees, residents, and visitors to the site. The plans
depict four (4) bicycle parking facilities on each level of the proposed structure.
Pursuant to Section 13.01(I) of the South Burlington 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 applicant has referred to the University of Vermont "South Campus Master Plan" to fulfill this
requirement. On this plan, forty-seven (47) handicapped -accessible parking spaces are depicted,
eight (8) of which are van -accessible.
Section 13.01(M) of the South Burlington 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.
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Landscaping
Pursuant to Section 13.06(A) of the South Burlington 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 currently in existence.
Pursuant to Section 13.06(B)(4), snow storage areas must be shown on the plans. The plans contain
a note that states "snow to be removed and stored at the UVM stormwater treatment facility."
Section 13.06(C) of the South Burlington 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. Staff 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 South Burlington Land
Development Regulations. 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 South
Burlington Land Development Regulations, and shall be prepared by a landscape architect or
professional landscape designer. Required costs are based on construction costs.
Pursuant to Table 13-9 of the South Burlington Land Development Regulations, the proposed
project will require a minimum of $67,500 of landscaping. A landscape budget has been
incorporated into the planting schedule on sheet L-1 of the plans. The applicant is proposing to
provide approximately $106,400 of landscaping.
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 and provided comments in a letter dated January 8, 2004.
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DECISION
Motion by Mark Boucher, seconded by Chuck Bolton, to approve Final Plat Application 4SD-
03-81, 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 to show the following changes and shall require approval from the
Administrative Officer. Four (4) copies of the revised plat plans shall be submitted to the
Administrative Officer prior to recording:
a. The lighting plan shall be revised to indicate the average illumination on the site and shall be
in compliance with Appendix A.9 of the South Burlington Land Development Regulations.
b. The lighting plan shall be revised to indicate the indirect illumination levels on the exterior of the
property line, which shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot.
c. The plans shall be revised to clearly depict all property lines.
4. The plans shall be revised, prior to permit issuance, to depict three (3) crosswalks across Spear
Street. The design and location of these crosswalks shall be approved by the Director of Public
Works.
5. The exterior parking spaces that exist on the site today are grandfathered and are approved at 8.5'
wide.
6. Pursuant to Section 15.02(A)(3) of the South Burlington Land Development Regulations, the
Development Review Board approves a front yard setback of 60' for this project.
7. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater
Management Manual, pursuant to Section 15.13(F) of the South Burlington Land Development
Regulations.
8. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington South Burlington Land Development Regulations. In addition, the grading
plan shall meet the standards set forth in Section 16.04 of the South Burlington South Burlington
Land Development Regulations.
9. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines, services, and service modifications shall be underground.
10. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the proposed project will generate zero
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(0) additional vehicle trip ends during the P.M. peak -hour.
11. The applicant shall post a landscape bond for $67,500, prior to the issuance of the zoning
permit. This bond shall remain in effect for three (3) years to assure that the landscaping has
taken root and has a good chance of surviving.
12. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
13. The final plat plans (sheets C4 and survey plat) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk
prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of the
Director of Planning and Zoning.
Chuck Boltonley/abstain/not
ay/abstain/not present
Mark Boucheray/abstain/not present
John Dinklageay/abstain/not present
Roger Farley - present
Michele KupersmitWenay/abstain/not
nay/abstain/not present
Larry Kupferman - esent
Gayle Quimby - yea/nay/abstain/ of presen
Motion Carried by a vote of 6-0-0.
Signed the a � day of January, 2004, by
John Dinklage, Chair
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