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VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Regular Session 5:00 p.m. Monday, April 30, 2012
1. Agenda Review: Additions, deletions or changes in order of agenda items.
2. Comments and questions from the public (not related to the agenda).
3. Announcements and City Manager's Report.
4. Consent Agenda: Nothing at this time.
5. Training on criteria and site plan review for IZ applications (Planning & Zoning Staff).
6. Discuss when Council wants to meet in Deliberative Session regarding the US2 Widening/Sheraton
3rd Lane Project Necessity Hearing that was held on April 16, 2012 (Councilors and Staff).
7. Discuss the procedure of reviewing minutes prior to Council meetings (Councilors and Staff).
8. Discuss when to schedule the Steering Committee meeting in May—the School Board recommends
against a 5:00 p.m. start and is suggesting the meeting be on a night other than when a City Council
or School Board meeting is being held (Councilors and Staff).
9. ** Continue to discuss possible Rules of Procedure and Other Regular Expectations for City Council
(Councilors and Staff).
10. Other Business.
a. Any items held from the Consent Agenda.
b. Other?
Public Hearings 6:00pm Monday, April 30, 2012
11. *** Interim zoning application#IZ-12-01 of New England Federal Credit Union for a planned unit
development to: 1) raze an existing office building, and 2) construct a 3,920 sq. ft. drive-in bank
facility, 1000 Shelburne Road.
12. *** Interim zoning application#IZ-12-02 of University Mall, LLC to 1 :) raze an existing commercial
building, and 2) construct a 6,000 sq. ft. building to be used for shopping center use, 205 Dorset
Street.
Regular Session Resumes Following Hearings and Deliberations - Monday, April 30, 2012
13. Consider entering executive session for discussion of personnel matters, litigation and real property
matters.
Respectfully S bmitted:
Sanford I. Miller, City Manager
Attachments Included
### Attachments Sent Separately or Previously
South Burlington City Council Meeting Participation Guidelines
The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings
in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible.
1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the
order in which hands are raised.
2. Once recognized by the Chair, please identify yourself to Council.
3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in
making sure everyone is heard and sufficient time is available for Council to conduct business items.
4. In order for City Councilors and other members of the audience to hear speakers' remarks, side conversations
between audience members should be kept to an absolute minimum. The hallway outside the Community Room
is available should people wish to chat more fully.
5. Please address the Chair. Please do not address other audience members or staff or presenters and please do
not interrupt others when they are speaking.
6. Make every effort not to repeat the points made by others.
7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Council for a second time.
8. Council desires to be as open and informal as possible within the construct that the Council meeting is an
opportunity for Councilors to discuss, debate and decide upon policy matters. Council meetings are not"town
meetings". To this end, after the public has had the opportunity to make comments,the Chair may ask that
discussion be among Councilors.
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VERMONT
WARNING
SOUTH BURLINGTON CITY COUNCIL
SOUTH BURLINGTON, VERMONT
Social Meeting 6:00 p.m. Saturday, April 28, 2012
Social Dinner at Pauline's Café, 1834 Shelburne Rd., South Burlington, VT in the Rose
Room: City Councilors and their significant others will be in attendance at a dinner
scheduled solely for social purposes. Councilors will not discuss any City business and,
of course, they take any action.
Respectfully Submitt dt
Sanford I. Miller, City Manager
April 30, 2012 City Council Meeting
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Interested Persons R cord and Service List
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Under the 2004 revisions to Chapter 117, the Appropriate Mun cipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any
hearing, there must be an opportunity for each person wishing toliachieve interested person statu to demonstrate compliance with the applicable criteria. 24
V.S.A. §4461(b). The AMP must keep a written record of the rame, address and participation ofl ch person who has sought interested person status. 24 V.S.A.
§4461(b). A copy of any decision rendered by the AMP must be mailed to every person or bodyp�pearing and having been heard by the AMP. 24 V.S.A. §
4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supplyj 'ist of interested persons to the appellant in five working days.
24 V.S.A. §4471(c).
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VERMO?T
Under the 2004 revisions to Chapter 117, the Appropriate Mu icipal Panel (AMP) has certain adr inistrative obligations with respect to interested persons.At any
hearing, there must be an opportunity for each person wishing to achieve interested person statisto demonstrate compliance with the applicable criteria. 24
V.S.A. §4461(b). The AMP must keep a written record of the lame, address and participation of e ch person who has sought interested person status. 24 V.S.A.
§4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body abpearing and having been heard by the AMP. 24 V.S.A. §
4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days.
24 V.S.A. §4471(c).
•
HEARING DATE: APR1 L. 30, 2On_ c(OUPCI1)
PLEASE PRINT CLEARLY!
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SB CITY COUNCIL AGREED-UPON PROCEDURES
APRIL 2012
1. Rules of Procedures for City Council Meetings
A. Roberts Rules of Order: appropriate?
• Too complex •
B. Vermont League of Cities and Towns rules: OK or too simple?
• Too general
C. Suggested SB City Council Rules of Order: (to facilitate an orderly efficient
meeting)
• Raise hand and wait to be acknowledged by chair
• Don't interrupt whomever is speaking
• No side remarks or conversations
• Speak only once on the topic until all other Councilors have had an opportunity
to speak
• All initiatives must be made by motion and seconded in order to be discussed
• Anything else???
2. Agenda: how formed and put on the agenda?
• Routine procedure: Chair and City Manager prepare the agenda
• Councilors may suggest items at the end of each meeting for subsequent
meetings
o Items will be added to agenda, if approved by a majority of Council
• No new items/issues will be added to the meeting less than two business days
prior to meeting(unless it is urgent or time sensitive)
3. Motions: continue to use them?
• Yes
4. Councilors, Staff and the Public: how to recognize them?
• Raise hands and wait to be acknowledged by the Chair
• Suggested a different table arrangement to help visibility
5. Confidentiality: important for items discussed in executive session?
• Yes
6. Councilors communications: appropriate conferring outside of meetings?
• Yes
• Serial conversations should be discouraged, especially if intent is to reach a
decision
7. City Staff: ok for individual Councilors to contact them?
• OK to contact Miller and Rusten; but only for maters of clarification
• No individual Councilor should contact other City staff
• No individual Councilor should task any City staff
• Tasking of City staff is done by majority vote
•
8. City attorneys, auditors, and other paid consultants: ok to contact?
• Legal opinion says this is legal
• No consensus mentioned on whether this is appropriate or desired
9. Joint sessions with PC and DRB: should this happen routinely?
• Joint sessions should occur at least annually with the DRB; more frequently
with PC
10. Alternate meeting locations (per charter): should this happen more frequently?
• Very difficult for staff(carrying needed paperwork)
• Difficult/sometimes impossible for CCTV (lack of electronic hook-ups)
• Suggestion on holding Town Forums--not City Council meetings -- at schools
on area-relevant topics
11. Appointments to Boards and Commissions: review current process; make
appointments out of cycle?
• Current process seemed OK
o Review criteria/qualifications, e.g., requirement to be a SB resident
• Discussed alternate positions -- but no consensus was reached
12. Interacting with the Media and Press and using social media: who/how to do it?
• City Manager and Chair should be the official spokespersons
• Make better use of The Other Paper,i.e., use their survey tool (Survey
Monkey) to acquire resident opinions; use Front Porch Forum
• Discussed City Facebook page; question on whether it is legal to have City
Councilors' Facebook page
• No use of cell phones or texting during the meeting
13. Reports and updates from representatives on City boards: should these and/or
attendance at Council meetings (or other kinds of coordination efforts) be required?
• Discussion on this;but issue not resolved
14. Evaluating City Manager: develop a process and time frame?
• Yes
15. Responding to Residents?
• City Manager to respond in some cases;but issue not resolved
41 • 3•o• i �
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City
matters. We want to be as open and informal as possible; but Council meetings are
not town meetings. In an effort to conduct orderly and efficient meetings, we kindly
request your cooperation and compliance with the following guidelines.
1. Please be respectful of each other(Council members, staff, the public).
2. Please raise your hand to be recognized by the Chair. Once recognized,
please state your name and address.
3. Please address the Chair and not other members of the public, staff,or
presenters.
4. Please abide by any time limits that have been set. Time limits will be used
to insure everyone is heard and there is sufficient time for the Council to
conduct all the business on the agenda.
5. The Chair will make a reasonable effort to allow everyone to speak once
before speakers address the Council a second time.
6. The Chair may ask that discussion be limited to the Councilors once the
public input has been heard.
7. Please do not interrupt when others are speaking.
8. Please do not repeat the points made by others, except to briefly say whether
you agree or disagree with others views.
9. Please use the outside hallway for side conversations. It is difficult to hear
speaker remarks when there are other conversations occurring.
April 2012
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PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: Cathyann LaRose, City Planner
Paul Conner, Director of Planning and Zoning
SUBJECT: Planning Staff Support of Interim Zoning Applications
DATE: April 30, 2012 City Council meeting
Attached you will find two sets of staff comments related to the Interim Zoning
applications which are scheduled before the City Council for public hearing on April 30,
2012.
These staff comments include a comprehensive list of the Conditional Use standards to
be assessed in the City Council review of applications which are subject to Interim
Zoning.
Staff has also included information which may be of assistance in assessing these
criteria, including information specific to the proposed projects, relevant text from the
Comprehensive Plan, and an assessment of current conditions related to public safety,
public infrastructure, schools and library service from respective heads of these City
departments.
You will also find attached copies of relevant documents or portions thereof.
We understand that the sheer bulk of this information can at first appear overwhelming,
and that you may have additional questions relating to items that were either not clear in
the Staff's notes, or perhaps even that you seek additional information. Please do not
hesitate to contact the Planning office with any questions in relation to the broad review
criteria, or specific to the application. Such communication with staff does not constitute
ex-parte communication and will be readily received. Members of other City review
bodies often call with questions, or stop in for a closer look at plan sets. Members
sometimes seek clarification on items or wish to have additional information. We
encourage the members of the City Council to feel welcome to do the same; Staff is
always available to assist.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING
CITY COUNCIL Report preparation date: April 27, 2012
\drb\staffcomments\2012\ZP_12_01_1000ShelburneRd_NE Plans received: January 31, 2012
FCU
1000 Shelburne Road
INTERIM ZONING CONDITIONAL USE APPLICATION#ZP-12-01
Agenda #11 Meeting date: April 30, 2012
Owner/Applicant Contact Person
New England Federal Credit Union Thomas Richards
141 Harvest Lane NEFCU
Williston, VT 05495 (802) 879-8776
richards@nefcu.com
Engineer Property Information
Tax Parcel 1540-1000
Freeman French Freeman
Commercial 1 — Residential 15 District
Location Map
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KEY TO STAFF NOTES
SUBJECT HEADINGS are bold, italic, capitals, and double-underlined
Orientation to text from the Interim Zoning Bylaw or other city documents, or review
criteria, are underlined.
Text excerpted from the Interim Zoning Bylaw are bold italic
Text excerpted from other City ordinances are in regular italic
Staff comments are in normal text.
PROJECT DESCRIPTION
New England Federal Credit Union, hereafter referred to as the applicant, is seeking
conditional use approval under Interim Zoning to raze existing building & construct 4,000 sq.
ft. drive-in bank facility, 1000 Shelburne Road.
COMMENTS
City Planner Cathyann LaRose and Director of Planning & Zoning Paul Conner, referred to
herein as Staff, have reviewed the plans submitted on January 31, 2012 and have the
following comments:
APPLICABILITY OF INTERIM ZONING BYLAW, ADOPTED FEBURARY 22, 2012
Interim Bylaw Section III: Limitations on Land Development
Within the areas affected by this Interim Bylaw, the following shall not be allowed:
A. New Planned Unit Developments.
B. New subdivisions.
C. New principal buildings that require site plan approval.
D. Alterations to existing principal buildings.
E. Alterations to any other existing structures used for commercial or
industrial purposes.
F. Amendment of a master plan or any related site plans or plats that deviates
from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-
(e) of the South Burlington Land Development Regulations.
The proposed development is subject to the Interim Zoning Bylaw under subsections (C),
(D), and (E) above. The proposed development does not qualify for an exemption under
Section III of the Bylaw as it includes an amendment to a Planned Unit Development and an
amendment to a Site Plan showing a replacement of an existing principal structure.
Interim Zoning Bylaw Section VI: Review of Applications
The City Council may, upon application, authorize the issuance of permits for any type
of development as a conditional use not otherwise permitted by this Interim Bylaw,
after public hearing preceded by notice in accordance with 24 V.S.A. section 4464.
2
The applicant has submitted a complete application for Conditional Use approval by the City
Council pursuant to this section. As such, the City's Administrative Officer warned the public
hearing scheduled for April 30, 2012.
INTERIM ZONING BYLAW CONDITIONAL USE CRITERIA
Pursuant to Section VI of the South Burlington Interim Zoning Bylaw, adopted February 22,
2012, authorization by the City Council shall be granted upon a finding by the Council that:
The proposed use is consistent with the health, safety, and welfare of the municipality.
The law is well settled that municipal zoning ordinances are constitutional in principle as a
valid exercise of the police power when reasonably related to public health, safety, morals, or
general welfare. City of Rutland v. Keiffer, 124 Vt. 357, 359, 205 A.2d 400, 402 (1964); see
also Galanes v. Town of Brattleboro, 136 Vt. 235, 240, 388 A.2d 406, 410 (1978). However,
references in an ordinance to the "public health, safety, and welfare" of the municipality are
not adequate standards in that they fail to provide both adequate guidance to the reviewing
body and fair notice to landowners. See Town of Westford v. Kilburn, 131 Vt. 120, 123-125,
300 A.2d 523, 525-526 (1973); see also In re Handy, 171 Vt. 336, 344-345 and 347, 764
A.2d 1226, 1235-1237 (2000). For these reasons, the City Council does not conduct a
separate review of applications under this standard in 24 V.S.A. section 4415(d) and Section
VI of the Interim Bylaw.
Interim Zoning Bylaw Section Vl(a): The proposed development shall not result in an
undue adverse effect on the capacity of existing or planned community facilities,
services, or lands.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
Community Facilities & Services:
• Schools & Education: The proposed development will not change the number of students
in South Burlington schools.
• Highway Capacity & Maintenance: The proposed development will create an estimated
36.62 additional afternoon peak hour vehicle trips, but will also reduce the number of curb
cuts on Laurel Hill Drive. . The Director of Public Works has reviewed the application and
feels that the proposed project will not have an adverse effect upon highway capacity or
maintenance.
• City Hall & Services: The proposed development will not change demands on city hall or
services.
• Fire /EMS Facilities & Services: The proposed development has been reviewed by the
Fire Chief. He feels that this development will not have an adverse effect on Fire/EMS
facilities or services.
• Police Facilities and Services: The proposed development has been reviewed by the
3
Police Chief. He feels that this development will not have an adverse effect on police
facilities or services.
• Water & Sewer Facilities: The proposed development will result in less water and sewer
usage than the current structure, due to the reduced size.
• Stormwater Facilities: The proposed development incorporates stormwater catchbasins
and grass swales to manage discharges from the site.
• Library Facilities & Services: The proposed development will not change the number of
users of the library.
• Recreational Facilities & Services: The proposed development will not change the
number of users of the city's recreational facilities or services.
• Housing & Affordable Housing: The proposed development does not include any
housing. The district in which the project is located allows for both residential and non-
residential land uses.
Community Lands
• Open Space. The proposed development does not significantly alter the amount of open
space on the property. The current building and parking will be replaced by a new
building and parking facility.
• Primary Agricultural Soils: In Vermont, regulated soils under Act 250 include both those
classified as "prime" and those classified as "statewide." In making a determination of
whether these soils are to be regulated, a site is reviewed to determined current use,
agricultural viability, and adjacent uses. The basic classification of soil types does not
account for whether the land is developed or not. In South Burlington, the significant
majority of all land includes a basic classification of containing either "prime" or
"statewide" soil types.
For this site, the existing development on the property is located on soils classified as
"prime" agricultural soils. The proposed development will replace existing development
on the property. No assessment has been completed as to the viability of agriculture on
the site. However, in accordance with the Farmland Classification Systems for Vermont
Soils produced by the USDA & Natural Resources Conservation Service, "Prime,
Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a
Prime, Statewide, or Local soil map unit which has been converted to urban land or build-
up areas should no longer be considered Important Farmland. "
• Form Based Codes: No form based codes are under consideration for this parcel.
• Travel Corridors: The proposed development is located adjacent to Shelburne Road, an
area that has been examined as part of the Cars to People and Shelburne Road Corridor
Study. The proposed development is adjacent to roadways with sidewalk and includes a
pedestrian entry from Shelburne Road.
Interim Zoning Bylaw Section Vl(b): The proposed development shall not result in an
undue adverse effect on the existing patterns and uses of development in the area.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
4
Type of development:
The proposed development is a drive-through bank. The current use of land on the property
is a bank/office building. Adjacent uses include:
• To the west (across Shelburne Road), People's United Bank and other commercial uses
• To the north (across Laurel Hill Drive), Burlington Bagel Factory and other commercial
uses
• To the south, a hotel and other commercial uses
• To the east, single family residential uses.
Orientation of development
The proposed development includes a principal structure that is located proximate to
Shelburne Road and Laurel Hill Drive. Parking for the use is located on the eastern portion of
the property, adjacent to single family residential homes, as is presently the case with the
existing bank. Adjacent properties include a mix of parking in front of and behind the
buildings. The proposed use includes landscape screening between the uses.
Scale of development
The existing development consists of a two-story commercial building and associated
parking. The proposed development consists of a one-story commercial building and
associated parking. The scale of existing uses in the area varies between single and two-
story structures. The hotel is a two-story structure, as are the adjacent single family homes.
The size of the building is similar to other commercial facilities in the area.
Interim Zoning Bylaw Section Vl(c): The proposed development shall not result in an
undue adverse effect on traffic on roads and highways in the vicinity.
The City Council should review the following (and any other) elements of this standard and
determine whether(a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
The proposed development will result in the removal of one (1) of the two (2) curbs cuts
located on Laurel Hill Drive. It will also result in an estimated increase in afternoon peak hour
trip ends of 36.62, due to the addition of a drive-through. The applicant will be required to pay
into the city's Roads Impact Fee as a result of these increases.
The project will also create a front door facing onto Shelburne Road, for easier pedestrian
access.
The Director of Public Works has reviewed the proposed development and does not feel that
it will present an adverse affect on traffic on roads and highways in the vicinity.
Interim Zoning Bylaw Section VI(d): The proposed development shall not result in an
undue adverse effect on environmental limitations of the site or area and significant
natural resource areas and sites.
The City Council should review the following (and any other) elements of this standard and
determine whether(a) the proposed development presents an adverse effect and (b) if yes to
5
(a), whether such adverse effect is undue.
Limitations of the site or area:
The site in question does not appear to have any environmental limitations (wetlands, steep
slopes, shallow depth to water tables), save for the historic presence of prime agricultural
soils beneath the existing parking lot and building. There appear to be no adjacent
connected environmental limitations.
Significant Natural Resources:
The site in question does not appear to have any significant natural resources (wildlife
habitat or corridors, rare tree stands, etc.). There appear to be no adjacent connected
significant natural resources.
Interim Zoning Bylaw Section Vl(e): The proposed development shall not result in an
undue adverse effect on utilization of renewable energy resources.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
Utilization of renewable energy resources on site:
The proposed development does not include renewable energy production on site.
Utilization of renewable energy resources off site:
The proposed development does not appear to preclude the use of renewable energy by
adjacent properties, as the structure on the site is only a single story in height and is located
towards the western edge of the property. The properties to the east of the proposed
development are adjacent only to parking and landscaping designed for screening purposes
(as required by the Land Development Regulations). Properties to the west and north and
buffered by city streets.
Interim Zoning Bylaw Section Vl(t): The proposed development shall not result in an
undue adverse effect on municipal plans and other municipal bylaws, ordinances, or
regulations in effect.
The City Council should review the following (and any other) elements of this standard and
determine whether(a)the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
South Burlington Comprehensive Plan Goals (adopted March 9, 2011)
• Comprehensive Plan, page 7: Regional Cooperation: "Through reciprocal cooperation
with neighboring towns, regional agencies and entities with regional influence, the
City plans to promote economical and efficient administration of certain public
6
services including water supply, fire and police protection, transportation, parks,
water quality improvement, and waste disposal. In addition, the City recognizes its
role within a larger regional context and shall plan in cooperation with neighboring
municipalities and other towns in the region."
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use.
• Comprehensive Plan, page 7: City Identify & City Center: The City shall strive to
establish a vital and dynamic focal point consisting of residential and commercial
uses and public spaces in the Dorset Street area. This City Center shall welcome
travelers to the City and provide an exciting area for residents and visitors to live,
work, shop and recreate. It is a goal of this City to strive to establish a vital and
dynamic focal point consisting of residential and commercial uses and public spaces
in the Dorset Street area. This City Center will welcome travelers to the City and
provide an exciting area for residents and visitors to live, work, shop and recreate.
The proposed development is not located within the City Center area.
• Comprehensive Plan, page 7: Population & Balanced Rate of Growth: It is a goal of this
City to promote through appropriate growth management techniques a reasonable
rate of population growth and development to ensure a vital and healthy community.
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use.
• Comprehensive Plan, pages 7-8: Quality Environment: The City plans to protect the
aesthetic quality and maintain the diversity of the living environment, both natural and
man-made, through open space preservation; minimized view disruption; acquisition
of adequate lakeshore properties; protection of watercourses, wetlands, and wildlife
habitats; requirements for landscaping, buffers, and setbacks;protection for historic
and cultural resources; and maintenance of ample outdoor recreation facilities. Both
fiscal and statutory resources shall be used to this end.
The proposed development is a redevelopment of an existing site. The development includes
a landscaping buffer to separate the commercial use from residential uses to the east.
• Comprehensive Plan, page 8: Land Use Distribution: The City shall encourage a land
use pattern generally consisting of a higher density, compact urban core in the Dorset
Street/Market Street area (i.e., proposed City Center), continued investment and
growth in the City's existing developed corridors (i.e., Shelburne Road and Williston
Road corridors), and generally decreasing densities and less intensive uses toward
the more rural communities to the south and southeast. The City shall strive to
maintain an appropriate balance between residential, commercial and industrial
development and open space and natural resource preservation.
The proposed development is located along the existing developed Shelburne Road
7
corridor, included in the goal statement above.
• Comprehensive Plan, page 8: Open Space Planning: It is a goal of this City to promote
the conservation and restoration of its natural resources in planning for the City's
future while allowing for the City's continued growth as an urban center.
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use. No open spaces presently exist on the site
on in adjacent areas.
• Comprehensive Plan, page 8: Housing: Shelter is a basic need and providing for
housing is a fundamental element of the Plan. The availability of quality housing, and
quality affordable housing, is important in attracting and retaining a qualified work
force. Existing and developing residential neighborhoods shall be identified and
protected through appropriate zoning and responsible site planning.
The proposed development does not include housing. Existing housing is present to the
east of the property. The development includes a landscaped buffer between the two
uses.
• Comprehensive Plan, page 8: Schools: It is a goal of this City to provide a quality
education system through its public school system and promotion of other public and
private educational programs.
The proposed development does not includes housing or other demands placed upon
schools.
• Comprehensive Plan, page 8: Recreation:A goal of the City is to provide for the varied
recreational needs and interests of its citizens by providing areas and facilities for
passive recreation, active sports, cultural and educational programs.
The proposed development does not include any recreation facilities but is located adjacent
to sidewalks on Laurel Hill Road and Shelburne Road.
• Comprehensive Plan, page 9: Economic Development: The City will promote a stable
and orderly rate of economic development in order to maintain existing jobs and
provide new employment opportunities. The City will remain aware of the substantial
secondary effects of this development, such as increased demand for new housing,
more numerous and extensive municipal services, and potential environmental
degradation, and work to properly address such effects.
The proposed development is a redevelopment of an existing site and will result in a
smaller building than is presently on the site.
8
• Comprehensive Plan, page 9: Transportation: It is a goal of this City to improve and
expand all modes of transportation including private automobile, public transit, air,
rail, biking, walking, ride sharing and private sector involvement. Such expansion and
improvement shall be consonant with equal access for all income levels and abilities,
reasonable costs, orderly and continued economic growth, existing and proposed
land use, the fixed supply of land, the increasing cost of energy, and other goals of
this plan.
The proposed development is located along Shelburne Road, which is served by public
transit. The development includes a new front-door entry for pedestrians. The
development also include a proposed addition of a drive-though window.
• Comprehensive Plan, page 9: Public Utilities & Services: It is a goal of this City to
provide quality public and quasi-public utilities and services to all residents and
businesses in a manner that is efficient, cost-effective and environmentally sound.
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use.
• Comprehensive Plan, page 9: Land Use through Zoning: The City plans to zone land for
its best use, taking into consideration the physical nature of the land, the economics
of its development, its relation to existing uses, and the needs of the community as a
whole.
The subject property is located within the Commercial 1- Residential 15 zoning district.
Land Development Regulations (amended January 9, 2012)
Staff recommends that the Council include a condition in any approval of this proposed
development that the applicant must receive approval from the Development Review Board
prior to issuance of a zoning permit.
All other city ordinances
Staff recommends that the Council include a condition in any approval of this proposed
development that the applicant must receive all other applicable permits prior to issuance of
a zoning permit.
STAFF REVIEW SUMMARY
Staff has reviewed the proposed development for consistency with the Interim Zoning Bylaw
review standards. The City Council is encouraged to examine the proposed development
against each of these standards and staff analyses. The Council should feel free, as well, to
consider and discuss any analysis of the standards not considered by staff in this review.
For ease of use, staff has prepared a short summary of key discussion items for the Council
under this application.
• The proposed development is located adjacent to 1-2 story commercial buildings to the
9
north, south, and west, and 1-2 story single homes to the east, and includes a proposed
vegetated buffer between the parking area and residential neighborhood.
• The proposed development is anticipated to increase afternoon peak hour vehicle trips as
a result of establishing a drive-through bank facility, but will also reduce curb cuts on
Laurel Hill Drive and include a pedestrian access from Shelburne Road.
Respectfully sub itted,
Pa Conner, AICP, Cathyan aRose, AICP,
Director of Planning & Zoning City Pla er
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1. Utilities shown do not purport to constitute or represent all utilities located upon or 10. In addition to the requirements set in these plans and specifications, the Contractor shall C1.0 EXISTING CONDITIONS SITE PLAN SOUTH BURLINGTON
adjacent to the surveyed premises. Existing utility locations are approximate only. The complete the work in accordance with all permit conditions and any local Public Works C1.1 PROPOSED UTILITIES SITE PLAN } VT
Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Standards. C1.2 PROPOSED GRADING SITE PLAN 3 Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. C1.3 PROPOSED LIGHTING SITE AND DETAIL PLAN
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reconnaissance or public record. These utilities shall be field verified prior to construction. C2.0 PROPOSED DETAIL PLAN
0.12. Any dewotering necessary for the completion of the sitework shall be considered as part of __2. All existing utilities not Incorporated into the final design shall be removed or abandoned the contract and shall be the Contractor's responsibility. 0
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Those pions shall be submitted to the Owner at the completion of the project.
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,2.oEVa GENERAL NOTE
4. The Contractor shall repair/restore all disturbed areas (on or off the site) as a direct the utility companies requirements.
or indirect result of the construction.
15. Existing pavement and e tuts stumps to be removed shall beEt disposed of at on approved
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5. All grossed areas shall be maintained until full vegetation is established. off-site location. All pavement cuts shall be made with a pavement sow.
6. Maintain all trees outside of construction limits. 16. If there ore any conflicts or inconsistencies with the plans or specifications, the Contractor
shall contact the Engineer for verification before work continues on the item in question.
7. The Contractor shall be responsible for all work necessary for complete and operable
facilities and utilities. 17. Property line and site information is based upon a plan entitled `New England Federal Credit
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Union - Proposed Site Plan-, dated Aug. 2001, lost revised June 3rd, 2003, prepared by Civil
8. If the building is to be sprinklered, bockflow prevention shall be provided in accordance Engineering Associates, Inc. and approved by the Director of Planning and Zoning of City ofEET CCN }
with AWWA M14. The Site Contractor shall construct the water line to two feet above the South Burlington on May 14th, 2003. This pion is not a boundary survey and is not intended to EXISTING
finished floor. See mechanical plans for riser detail, be used as one.
CONDITIONS
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ZONING REQUIREMENTS PARKING CALCULATIONS DESIGN FLOW CALCULATIONS �`"°x.10..A1133��—
Zoning District - Commercial 1 - Residential 15 Use - Dive Through Bank Use - Banking Facility 7I741201,, I<1•=2a'
Overlay Districts - Traffic
Required Spaces - Water Design Flows -
Reauired Fxisting, Proposed MJWIJ50 ca SAV
Lot Size (SF) 20,000 ±30.056 ±30,056 5.8 spaces per 1,000 GFA 15 gpd/wprker 0 10 workers = 150 gpd
Maximum Lot Coverage (%) 70 ±61.2 ±61.9 3.900 sf of GFA Low flow fixture credit (10x) = -15 gpd eme LOG
Maximum Building Coverage(%) 40 ±17.7 ±15.2 5.8 0 3,900/1,000 = 22.6 = 23 spaces Total Water Design Flow = 135 gpd
Front Yord Coverage (x) ;�
Lourel Hill Dr. 30 *45.5 ±31.6• Proposed Spaces - Wastewater Design Flows - 9
Shelburne Rd. 30 ±24.1 ±20.0
Front Yard Setback(LF) 21 standard spaces proposed 15 gpd/worker 0 10 workers - 150 gpd
Laurel Hill Dr. 30 ±25 ±30 1 handicap space proposed Municipal connection credit (20%) = -30 gpd
Shelburne Rd. 50 ±34 t34• 22 total spaces proposed Total Wastewater Design Flow = 120 gpd
Side Yord Setback (LF) 10 315 ±10 Request 1 space (4.3%) waiver
Rear Yard Setback (LF) 65(Abuts Res.) ±148 ±159
• - Proposed improvements do not meet Laurel Hill Dr. Front Yard Coverage ""ONTRes
and Shelburne Rd. Front Yord Setback requirements, however they do represent PROPOSED
improvements. or at worst no change, over the existing conditions. UTILITIES
GRAPHIC SCALE SITE PLAN
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(IN FEET)
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CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING
CITY COUNCIL Report preparation date: April 27, 2012
\drb\staffcomments\2012\ZP_12_02_155DorsetSt_UMall Plans received: March 26, 2012
155 & 205 DORSET STREET
INTERIM ZONING CONDITIONAL USE APPLICATION#ZP-12-02
Agenda #12 Meeting date: April 30, 2012
Owner/Applicant Contact Person/Engineer
University Mall LLC Sheila McIntyre
c/o Finard Properties LLC Summit Engineering LLC
155 Dorset Street South Burlington, VT 05403 1233 Shelburne Road
South Burlington, VT 05403
205 DS, LLC 802-658-5588
419 Boylston Street
Boston, MA 02116
Property Information
Tax Parcel 1540-1000
Commercial 1 — Residential 15 District
Location Map
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KEY TO STAFF NOTES
SUBJECT HEADINGS are bold, italic, capitals, and double-underlined
Orientation to text from the Interim Zoning Bylaw or other city documents, or review
criteria, are underlined.
Text excerpted from the Interim Zoning Bylaw are bold italic
Text excerpted from other City ordinances are in regular italic
Staff comments are in normal text.
PROJECT DESCRIPTION
University Mall, LLC, hereafter referred to as the applicant, is seeking conditional use
approval under Interim Zoning to:) raze an existing commercial building, and 2) construct a
6,000 sq. ft. building to be used for shopping center use, 205 Dorset Street
COMMENTS
City Planner Cathyann LaRose and Director of Planning & Zoning Paul Conner, referred to
herein as Staff, have reviewed the plans submitted on March 26, 2012 and have the
following comments:
APPLICABILITY OF INTERIM ZONING BYLAW, ADOPTED FEBURARY 22, 2012
Interim Bylaw Section III: Limitations on Land Development
Within the areas affected by this Interim Bylaw, the following shall not be allowed:
A. New Planned Unit Developments.
B. New subdivisions.
C. New principal buildings that require site plan approval.
D. Alterations to existing principal buildings.
E. Alterations to any other existing structures used for commercial or
industrial purposes.
F. Amendment of a master plan or any related site plans or plats that deviates
from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-
(e) of the South Burlington Land Development Regulations.
The proposed development is subject to the Interim Zoning Bylaw under subsections (C),
(D), and (E) above. The proposed development does not qualify for an exemption under
Section III of the Bylaw as it includes an amendment to a Planned Unit Development and an
amendment to a Site Plan showing a replacement of an existing principal structure.
Interim Zoning Bylaw Section VI: Review of Applications
The City Council may, upon application, authorize the issuance of permits for any type
2
of development as a conditional use not otherwise permitted by this Interim Bylaw,
after public hearing preceded by notice in accordance with 24 V.S.A. section 4464.
The applicant has submitted a complete application for Conditional Use approval by the City
Council pursuant to this section. As such, the City's Administrative Officer warned the public
hearing scheduled for April 30, 2012.
INTERIM ZONING BYLAW CONDITIONAL USE CRITERIA
Pursuant to Section VI of the South Burlington Interim Zoning Bylaw, adopted February 22,
2012, authorization by the City Council shall be granted upon a finding by the Council that:
The proposed use is consistent with the health, safety, and welfare of the municipality.
The law is well settled that municipal zoning ordinances are constitutional in principle as a
valid exercise of the police power when reasonably related to public health, safety, morals, or
general welfare. City of Rutland v. Keiffer, 124 Vt. 357, 359, 205 A.2d 400, 402 (1964); see
also Galanes v. Town of Brattleboro, 136 Vt. 235, 240, 388 A.2d 406, 410 (1978). However,
references in an ordinance to the "public health, safety, and welfare" of the municipality are
not adequate standards in that they fail to provide both adequate guidance to the reviewing
body and fair notice to landowners. See Town of Westford v. Kilburn, 131 Vt. 120, 123-125,
300 A.2d 523, 525-526 (1973); see also In re Handy, 171 Vt. 336, 344-345 and 347, 764
A.2d 1226, 1235-1237 (2000). For these reasons, the City Council does not conduct a
separate review of applications under this standard in 24 V.S.A. section 4415(d) and Section
VI of the Interim Bylaw.
Interim Zoning Bylaw Section VI(a): The proposed development shall not result in an
undue adverse effect on the capacity of existing or planned community facilities,
services, or lands.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
Community Facilities & Services:
• Schools & Education: The proposed development will not change the number of students
in South Burlington schools.
• Highway Capacity & Maintenance: The use of the subject property will be changing from an
approved umbrella permit (approved 18 pm peak vehicle trip ends) to a retail store of 6,000
sq. ft., which is estimated to generate 16.26 pm peak vehicle trip ends. Therefore the
expected traffic generation will decrease as a result of the new proposal. The applicant
proposes to utilize the existing signalized intersection at Dorset Street for access. No
additional curb cuts are proposed as part of this application. The Director of Public Works
has reviewed the application and feels that the proposed project will not have an adverse
effect upon highway capacity or maintenance.
• City Hall & Services: The proposed development will not change demands on city hall or
services.
3
• Fire /EMS Facilities & Services: The proposed development has been reviewed by the
Fire Chief. He feels that this development will not have an adverse effect on Fire/EMS
facilities or services.
• Police Facilities and Services: The proposed development has been reviewed by the
Police Chief. He feels that this development will not have an adverse effect on police
facilities or services.
• Water & Sewer Facilities: As the proposed development result in an increase of 2000
square feet, it will likely require a slight increase in water and sewer service. There are
no current limitations on the City's water and sewer capacity at this time.
• Stormwater Facilities: The proposed development proposes to utilize existing stormwater
treatment on site. The overall impervious coverage on the site is proposed to decrease
slightly.
• Library Facilities & Services: The proposed development will not change the number of
users of the library.
• Recreational Facilities & Services: The proposed development will not change the
number of users of the city's recreational facilities or services.
• Housing & Affordable Housing: The proposed development does not include any
housing. The district in which the project is located allows for both residential and non-
residential land uses.
Community Lands
• Open Space. The proposed development does not significantly alter the amount of open
space on the property. The current building and parking will be replaced by a new
building and parking facility. Overall impervious coverage is proposed to decrease slightly
with the addition of some green space to the front of the newly proposed building.
• Primary Agricultural Soils: In Vermont, regulated soils under Act 250 include both those
classified as "prime" and those classified as "statewide." In making a determination of
whether these soils are to be regulated, a site is reviewed to determined current use,
agricultural viability, and adjacent uses. The basic classification of soil types does not
account for whether the land is developed or not. In South Burlington, the significant
majority of all land includes a basic classification of containing either "prime" or
"statewide" soil types.
For this site, the existing development on the property is located on soils classified as
"statewide" agricultural soils. The proposed development will replace existing
development on the property. No assessment has been completed as to the viability of
agriculture on the site. However, in accordance with the Farmland Classification Systems
for Vermont Soils produced by the USDA & Natural Resources Conservation Service,
"Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A
delineation of a Prime, Statewide, or Local soil map unit which has been converted to
urban land or build-up areas should no longer be considered Important Farmland. "
• Form Based Codes: Form based codes are under consideration for this parcel. The
subject parcel lies immediately adjacent to existing Central District zoning. The initial draft
Form Based Codes for this area contemplate pedestrian-friendly design, with buildings
being oriented towards streets and having a minimum of two stories in height.
The proposed development is located at the corner of Dorset Street and the umall access
drive. It is unclear in which direction the building is oriented. Pedestrian access from
4
Dorset Street is proposed for one of the two retail stores but does not appear to be from
the second. The proposed building is one story in height,
• Travel Corridors: The proposed development is located adjacent to Dorset Street. The
proposed development is adjacent to roadways with sidewalk. While the plans include a
singular pedestrian entry from Shelburne Road, it is unclear if this is adequate to serve
this goal and related standard.
Interim Zoning Bylaw Section VI(b): The proposed development shall not result in an
undue adverse effect on the existing patterns and uses of development in the area.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
Type of development:
The proposed development is for retail use. The current use of the larger parcel is a
shopping mall. Adjacent uses currently include:
• To the east, non-conforming single family residential uses, and a retail food building. The
properties to the east and the south lie within the existing Central District zoning district
and are currently reviewed under standards which encourage urban form, design, and
function.
Orientation of development
The proposed development includes a principal structure that is located on the corner of the
Dorset Street and the southern access to the University Mall shopping center. Parking for the
use is located to the rear of the building, on the western portion of the property, adjacent to
additional parking for the University Mall, as is presently the case with the existing building.
As previously stated, it is unclear in the plans submitted if the orientation of the new building
will be towards the street. Surrounding buildings all have doors facing the street.
Scale of development
The existing development consists of a two-story commercial building and associated
parking. The proposed development consists of a one-story commercial building and
associated parking. The scale of existing uses in the immediate area varies between single
and two-story structures. The most recently constructed buildings east of the subject lot are
two-story and provide an urban scale.
Interim Zoning Bylaw Section VI(c): The proposed development shall not result in an
undue adverse effect on traffic on roads and highways in the vicinity.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
The proposed development will result in the removal of one curb cut from the mall access
drive, which had been located too close to the signalized intersection at Dorset Street. The
5
proposed use is estimated to result in a reduction of traffic and there would be traffic impact
fees expected. There will be no need for adjustments to the adjacent signalized intersection;
sidewalks and a recreation path are already in place along Dorset Street.
The Director of Public Works has reviewed the proposed development and does not feel that
it will present an adverse affect on traffic on roads and highways in the vicinity.
Interim Zoning Bylaw Section VI(d): The proposed development shall not result in an
undue adverse effect on environmental limitations of the site or area and significant
natural resource areas and sites.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
Limitations of the site or area:
The site in question does not appear to have any environmental limitations (wetlands, steep
slopes, shallow depth to water tables), save for the historic presence of unregulated
statewide agricultural soils beneath the existing parking lot and building. There appear to be
no adjacent connected environmental limitations.
Significant Natural Resources:
The site in question does not appear to have any significant natural resources (wildlife
habitat or corridors, rare tree stands, etc.). There appear to be no adjacent connected
significant natural resources. The subject lot lies within a relatively densely developed area of
the City and the new construction is proposed to replace an existing structure.
Interim Zoning Bylaw Section VI(e); The proposed development shall not result in an
undue adverse effect on utilization of renewable energy resources.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
Utilization of renewable energy resources on site:
The proposed development does not include renewable energy production on site.
Utilization of renewable energy resources off site:
The proposed development does not appear to preclude the use of renewable energy by
adjacent properties, as the structure on the site is only a single story in height and is located
apart from existing buildings. A property to the east of the proposed development currently
utilizes solar access for some power generation, but is of a sufficient distance to not be
impacted by the proposed building.
Interim Zoning Bylaw Section VI(f): The proposed development shall not result in an
6
undue adverse effect on municipal plans and other municipal bylaws, ordinances, or
regulations in effect.
The City Council should review the following (and any other) elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
South Burlington Comprehensive Plan Goals (adopted March 9, 2011)
• Comprehensive Plan, page 7: Regional Cooperation: "Through reciprocal cooperation
with neighboring towns, regional agencies and entities with regional influence, the
City plans to promote economical and efficient administration of certain public
services including water supply, fire and police protection, transportation, parks,
water quality improvement, and waste disposal. In addition, the City recognizes its
role within a larger regional context and shall plan in cooperation with neighboring
municipalities and other towns in the region."
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use.
• Comprehensive Plan, page 7: City Identify & City Center: The City shall strive to
establish a vital and dynamic focal point consisting of residential and commercial
uses and public spaces in the Dorset Street area. This City Center shall welcome
travelers to the City and provide an exciting area for residents and visitors to live,
work, shop and recreate. It is a goal of this City to strive to establish a vital and
dynamic focal point consisting of residential and commercial uses and public spaces
in the Dorset Street area. This City Center will welcome travelers to the City and
provide an exciting area for residents and visitors to live, work, shop and recreate.
The proposed development is located within the broader City Center area. The
Comprehensive Plan, pursuant to Chapter 5(B)(2), includes the Dorset Street/Market Street
area of the City and envisions "higher density, mixed uses" which will allow people and
visitors to "live, work, and shop within a physically attractive, pedestrian friendly
environment."
The Comprehensive Plan, Chapter 7, states that "mixed-use buildings orient directly onto the
public way to maximize the interaction between public and private activity. Amenities such as
benches, on-street parking, attractive lighting and signs, large windows, etc, further animate
the street life....." It also recommends that the promotion of"an appropriate level of density
(coverage and building heights) to provide a 'critical mass' of activity."
The proposed building is only one story in height, while the current building is two stories.
Another stated recommendation of the adopted Comprehensive Plan is that the City
"continue to promote the development of an aesthetically pleasing environment through
design control of buildings and related open space (signs, materials, landscaping, etc.)"
The submittal of architectural plans would likely assist in assessing the proposal's
compliance with this stated City objective.
7
A full listing of goals can be found in Chapter 7 of the Comprehensive Plan (attached).
As already stated, the City Council should review the elements of this standard and
determine whether (a) the proposed development presents an adverse effect and (b) if yes to
(a), whether such adverse effect is undue.
• Comprehensive Plan, page 7: Population & Balanced Rate of Growth: It is a goal of this
City to promote through appropriate growth management techniques a reasonable
rate of population growth and development to ensure a vital and healthy community.
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use.
• Comprehensive Plan, pages 7-8: Quality Environment: The City plans to protect the
aesthetic quality and maintain the diversity of the living environment, both natural and
man-made, through open space preservation; minimized view disruption; acquisition
of adequate lakeshore properties; protection of watercourses, wetlands, and wildlife
habitats; requirements for landscaping, buffers, and setbacks; protection for historic
and cultural resources; and maintenance of ample outdoor recreation facilities. Both
fiscal and statutory resources shall be used to this end.
The proposed development is a redevelopment of an existing site. The criteria included
above are addressed in other areas of this report.
• Comprehensive Plan, page 8: Land Use Distribution: The City shall encourage a land
use pattern generally consisting of a higher density, compact urban core in the Dorset
Street/Market Street area (i.e., proposed City Center), continued investment and
growth in the City's existing developed corridors (i.e., Shelburne Road and Williston
Road corridors), and generally decreasing densities and less intensive uses toward
the more rural communities to the south and southeast. The City shall strive to
maintain an appropriate balance between residential, commercial and industrial
development and open space and natural resource preservation.
The proposed development is located along the existing developed Dorset Street
corridor, included in the goal statement above.
• Comprehensive Plan, page 8: Open Space Planning: It is a goal of this City to promote
the conservation and restoration of its natural resources in planning for the City's
future while allowing for the City's continued growth as an urban center.
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use. No open spaces presently exist on the site
on in adjacent areas.
• Comprehensive Plan, page 8: Housing: Shelter is a basic need and providing for
housing is a fundamental element of the Plan. The availability of quality housing, and
8
quality affordable housing, is important in attracting and retaining a qualified work
force. Existing and developing residential neighborhoods shall be identified and
protected through appropriate zoning and responsible site planning.
The proposed development does not include housing. Existing housing is present at the
fringes of adjacent properties.
• Comprehensive Plan, page 8: Schools: It is a goal of this City to provide a quality
education system through its public school system and promotion of other public and
private educational programs.
The proposed development does not include housing or other demands placed upon
schools.
• Comprehensive Plan, page 8: Recreation:A goal of the City is to provide for the varied
recreational needs and interests of its citizens by providing areas and facilities for
passive recreation, active sports, cultural and educational programs.
The proposed development does not include any recreation facilities.
• Comprehensive Plan, page 9:Economic Development: The City will promote a stable
and orderly rate of economic development in order to maintain existing jobs and
provide new employment opportunities. The City will remain aware of the substantial
secondary effects of this development, such as increased demand for new housing,
more numerous and extensive municipal services, and potential environmental
degradation, and work to properly address such effects.
The proposed development is a redevelopment of an existing site and will result in a
similar sized building to what is presently on the site.
• Comprehensive Plan, page 9: Transportation: It is a goal of this City to improve and
expand all modes of transportation including private automobile, public transit, air,
rail, biking, walking, ride sharing and private sector involvement. Such expansion and
improvement shall be consonant with equal access for all income levels and abilities,
reasonable costs, orderly and continued economic growth, existing and proposed
land use, the fixed supply of land, the increasing cost of energy, and other goals of
this plan.
The proposed development is located along Dorset, which is served by public transit.
The larger University Mall property is currently host to the busiest transfer point for public
bus service in the City.
9
• Comprehensive Plan, page 9: Public Utilities & Services: It is a goal of this City to
provide quality public and quasi-public utilities and services to all residents and
businesses in a manner that is efficient, cost-effective and environmentally sound.
The proposed development is located within an existing developed area and is a
redevelopment of an existing commercial use.
• Comprehensive Plan, page 9: Land Use through Zoning: The City plans to zone land for
its best use, taking into consideration the physical nature of the land, the economics
of its development, its relation to existing uses, and the needs of the community as a
whole.
The subject property is located within the Commercial 1- Residential 12 zoning district.
Land Development Regulations (amended January 9, 2012)
Staff recommends that the Council include a condition in any approval of this proposed
development that the applicant must receive approval from the Development Review Board
prior to issuance of a zoning permit.
All other city ordinances
Staff recommends that the Council include a condition in any approval of this proposed
development that the applicant must receive all other applicable permits prior to issuance of
a zoning permit.
STAFF REVIEW SUMMARY
Staff has reviewed the proposed development for consistency with the Interim Zoning Bylaw
review standards. The City Council is encouraged to examine the proposed development
against each of these standards and staff analyses. The Council should feel free, as well, to
consider and discuss any analysis of the standards not considered by staff in this review.
For ease of use, staff has prepared a short summary of key discussion items for the Council
under this application:
• Conformance with comprehensive plan goal of mixed use, building height, and
building orientation. The proposed building is single story and its building orientation
is unclear. The Council may wish to seek additional information to better assess these
criteria.
• Pedestrian accessibility in conformance with goals for public land.
Respectfully submitted,
kr
ul Conner, AICP, thyann LaRose, AICP,
Director of Planning & Zoning City Planner
10
South Burlington Comprehensive Plan
Chapter 7—City Center
CHAPTER VII CITY CENTER
•
GOAL STATEMENT: It is a goal of this City to strive to establish a vital
and dynamic focal point consisting of residential and commercial uses
and public spaces in the Dorset Street area. This City Center will
welcome travelers to the City and provide an exciting area for
residents and visitors to live, work, shop and recreate.
In response to growing public concern regarding an identity for South
Burlington, the City Council formed a committee of citizens in 1986 to
study the feasibility of developing a physical "center" of the city in the
Dorset Street area. Foremost in the committee's discussion was the
need to develop the city center as a place where citizens could come
together in a variety of social, economic and civic activities.
Substantial increases in both the density and the diversity of allowed
uses were felt to be essential to develop the necessary "critical mass"
of a vital, bustling central core. It was also felt that the clustering of
activity may further promote the preservation or conservation of
outlying agricultural and natural landscapes by directing intense
development to an identified area and through implementing such
means as transfer of development rights and density bonuses.
The central core or "City Center" plan recognizes the importance of
directing and focusing the incremental development of a center
around a strong framework of public infrastructure (i.e., streets,
sewer, water and public space). Mixed-use buildings (retail, office and
residential) orient directly onto the public way to maximize the
interaction between public and private activity. Amenities such as
benches, on-street parking, attractive lighting and signs, large
windows, etc., further animate the street life. Off-street parking
needs are substantially reduced by the mixed-use, pedestrian
character of the center. Walk-up, townhouse-type units would provide
a more residential character as a transition to surrounding
neighborhoods. The entire area is anchored by a central pedestrian
corridor comprised of connecting promenades, marketplaces, square
and greens. The core area will be connected to the municipal center
and the planned Dorset Park and surrounding neighborhoods via the
reconstructed Dorset Street boulevard and a network of greenbelt
trails.
Several steps are recommended to implement the plan. A new mixed-
South Burlington Comprehensive Plan
49
South Burlington Comprehensive Plan
Chapter 7—City Center
use city center zoning district (i.e., Central District) was adopted in
1988 which encompasses the San Remo Dr./Market Street area.
Increased density is recommended in exchange for provision of public
amenities. The City Center zoning district includes primarily
residential and office use for the undeveloped area west of Dorset
Street. Other recommended aids to implementation include the
formation of a local development corporation, tax incremental
financing, transfer of development rights, a design control district
and an official map. Together these changes can work to build a
center where South Burlingtonians of all ages can meet and exchange
the shared spirit of their community.
Integral to the City Center plan was the Dorset Street reconstruction
project. This was seen as the foundation -- the backbone-- of the City
Center. Originally planned as a five-lane road (65 feet curb to curb)
with uncontrolled left turns and little or no pedestrian amenities, the
project created significant concern among the City, the School Board
and adjoining neighborhoods. Many were concerned about Dorset
Street becoming another Shelburne Road or Williston Road strip.
Concerns about safety, traffic congestion, aesthetics and pedestrian
amenities led to the redesign of the road as a tree lined boulevard.
The introduction of the median strip works to move traffic more
safely and efficiently by consolidating left hand turning movements
to the median breaks at major intersections. This drastically reduces
the number of "conflict points" and thus increases both vehicular
safety and capacity. Furthermore, the limited island breaks will cause
future development along the corridor to consolidate access at major
intersections. This, in conjunction with the consolidation of Dorset
Street driveways and relocation of driveways to side streets will
prevent the throttling of economic growth by traffic congestion and
will promote a more orderly future development.
The boulevard design also sets a strong tone and character for the city
center. Parallel rows of large shade trees and a landscaped median
create a linear park at the heart of the city. Parallel sidewalks and
bikepaths along both sides provide an inviting and safe environment
for evening strollers, joggers and children on their way to school.
Crosswalks and crossing signals as well as use of the center median as
a resting area reduce the intimidation and danger of a major street
crossing. The under-grounding of visually obtrusive overhead power
lines completed the transformation of the previous unattractive
roadway into a pleasing focal point of the city center. In the future,
extending the concept south under the interstate to Swift Street will
South Burlington Comprehensive Plan
50
South Burlington Comprehensive Plan
Chapter 7—City Center
help to integrate the developing park and southeast quadrant with the
planned activities in the city center core.
On January 5, 1987 the City Council endorsed the concepts of the plan
entitled "City Center, South Burlington, Vermont: A Planning Study for
the Dorset Street Corridor" (26) This Comprehensive Plan hereby
incorporates the Dorset Street Planning study as the foundation for
implementation of the above mentioned goals and objectives.
Since adoption of the City Center plan and related amendments to the
zoning regulations in 1987 and 1988, the City has learned that
implementing the City Center concept has been and will continue to
be a great challenge. It is clear that the public and private sectors will
need to work in partnership to achieve this vision. As previously
stated, the City has already contributed financially to the
implementation of the plan through the completion of the Dorset
Street project. Other areas where a public/private partnership may
prove to be beneficial include the completion of Market Street through
to Hinesburg Road and joint loan applications for parking facilities.
The City conducted, in 1999, a feasibility study of establishing a local
development corporation. It was recommended in the study that the
City establish such an organization. The purpose of the organization
would be to promote South Burlington and its City Center as a good
place to live, work and shop, support existing and new businesses,
FrHJNINEV, DnG IP SrRvHVI%HCIW'Vinfrastructure in support of
economic development and residential neighborhoods. A primary
focus of the local development corporation, as recommended in the
study, would be to facilitate development of the City Center. It was
felt that a local development corporation could work with both the
City and businesses to properly plan the City Center, secure funding
for infrastructure improvements, and offer any other support that
existing and new businesses may need.
A. OBJECTIVES
In considering the specific needs of South Burlington in relation to the
criteria for successful town and city centers, the following objective
and supporting recommendations have been established to guide the
planning process:
1. To create through the blending and arranging of an appropriate
mix of uses, a diverse, dynamic and people-oriented South Burlington
South Burlington Comprehensive Plan
51
South Burlington Comprehensive Plan
Chapter 7—City Center
City Center .
B. RECOMMENDATIONS
1. Promote through the zoning and subdivision regulations an
appropriate level of density (coverage and building heights) to
provide a "critical mass" of activity.
2. Require developers to provide necessary public amenities (e.g.
open space, sidewalks, trees, parking, lighting, and public transit
amenities such as bus lanes, shelters and benches) in exchange for
increased densities.
3. Create a well defined central open space as a focus of a city center
district. This should include development of Dumont Park into an
accessible, usable downtown park to enhance the City Center.
4. Continue to promote the development of an aesthetically pleasing
environment through design control of buildings and related open
space (signs, materials, landscaping, etc.)
5. Provide public street environments in which pedestrians, vehicles,
bicyclists, joggers and school children can co-exist safely. The City
should work with developers to implement streetscape improvements
as development occurs. Simultaneously, the City should seek funding
to implement streetscape improvements in critical areas which may
not be directly adjacent to developing properties.
6. Develop an efficient, convenient and attractive parking plan to
serve the center area. The City should seek funding to acquire land
and construct public parking facilities.
7. The City should conduct a study to design and evaluate a new
government complex consisting of a new City Hall and possibly a
library, regional and state offices, and a post office (i.e., retail portion
only).
8. Preserve and protect existing residential areas and encourage new,
mixed-use residential development.
9. The City should establish a non-profit South Burlington
Community Development Corporation as recommended in the report
entitled, "Establishing a Local Development Corporation in South
South Burlington Comprehensive Plan
52
South Burlington Comprehensive Plan
Chapter 7—City Center
Burlington", dated December, 1999. The primary focus of this
organization should be facilitating development in the City Center.
For initial funding of this CDC, the City should place an item on the
ballot asking voters to approve $100,000 per year for at least three
years.
10. Explore such means as a local development corporation, tax
increment financing, transfer of development rights, density bonus
program, and parking trust fund to aid in implementing the City
Center plan.
11. Work with existing landowners and developers to develop a
stream alteration and wetland mitigation plan, and obtain necessary
permits to implement such plan.
12. Pursue completion of the construction of Market Street through to
Hinesburg Road.
13. Pursue planning and funding for extending the Dorset Street
Boulevard concept southward to the proposed Dorset Street Park.
14. Continue refining the Central District Zoning Ordinance to
promote the plans goals and objectives.
South Burlington Comprehensive Plan
53
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+3,561 of Proposed = PARKING +1,538 sf Proposed V
771,337 of New Total- 31.4% Total spaces = 3,149 Spaces(or 5.03/1000af GLA) 6,084 of New Total- 6% OWNERS aF RECORD C
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2,166 on site
_ SUITE 300 155 DORSET STREET
Pervious: 568,427 of Existing 25.0% .---
Pervious: 57,684 of Existing BOSTON, MA 02118 SOUTH BURUNGTON,VT 05403
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s'C - 11 SUMMIT ENGINEERING , INC
Engineers + Surveyors + Planners + Landscape Architects
March 26, 2012
City Council
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
RE: University Mall PUD, 155 Dorset Street & 205 Dorset Street, Interim
Zoning/Conditional Use Application
Dear Council Members:
On behalf of Finard Properties, LLC and 205 DS, LLC (Owners), I am submitting an application
for Interim Zoning Review to incorporate the 0.31 acre parcel at 205 Dorset Street in the existing
51.76 acre University Mall PUD. We are seeking approval of the Council for the reconstruction
of the existing commercial building on the 205 DS parcel with a new 6,000 sf building for
shopping center use. Sketch Plans currently includes a retail space, and the relocation of an
existing ATM building.
There are no changes proposed to the Mall intersections or vehicle access to the site. Access to
the 205 parcel will be via the existing driveways. It is the intention of the plan to preserve the
existing site function and general layout, with minimal disturbance to the surroundings. It is also
the intention of the plan to create an updated, efficient building that adds an aesthetic attribute to
Dorset Street and to the University Mall site.
As part of this design:
1) A parking waiver of 8.4% for the shopping center is requested. This represents a waiver
from the 5.5 parking spaces per 1,000 sf gross lease area to 5.03 parking spaces per 1,000
sf gross lease area. The existing approved waiver is 7.1% or a parking ratio of 5.1. The
University Mall site and the 205 Dorset sites are not located in a Traffic Overlay District.
2) There is no parking proposed along the frontage of any buildings. Existing parking
behind the building will be utilized to serve this area of the shopping center. There is no
new parking proposed in the 50 ft front yard setback.
3) Pedestrian access off of Dorset Street will be via a proposed sidewalk along the north
edge of the existing Mall driveway where no sidewalk currently exists.
4) The Mall PUD is currently a nonconforming lot regarding total lot coverage. Lot
coverage is currently at 75%. With the proposal, it will be decreased to 74.9%
5) The Mall PUD is currently a nonconforming lot regarding lot coverage in the frontyard
setback. With this proposal, front yard setback coverage will decrease from 41.2% to
40.8%.
6) Although the new building and ATM are proposed within the 50 ft front yard setback,
they are intruding less than the existing situation, and the design elements intend to
1233 Shelburne Rd., C-2, South Burlington, VT 05403
Business (802) 658-5588 Fax (802) 658-3629
City Council I.Z.
March 26, 2012
Page 2
improve upon the aesthetic features, and include landscaped greenspace between Dorset
Street and new building. A landscaped buffer of 15 ft is incorporated onto the 205 parcel
to continue the unified landscape theme of the Mall, similar to that approved for the
Vitamin Shoppe. A waiver is requested for this new building.
7) Although there is some impervious area proposed between Dorset Street and the new
building for pedestrian access, it is not proposed for parking or vehicle access as it
currently exists. Vehicles will use the existing Mall entrance drives for access to the
existing Mall parking areas.
Both lots are located in the Commercial 1 District. With regard to the Interim bylaw standards of
review per 24 V.S.A. Sec. 4415(e), we offer the following considerations:
(1) The capacity of the existing or planned community facilities, services or lands.
The University Mall is an existing PUD and there is currently commercial development on the
205 parcel. The 205 parcel was never formally incorporated into the University Mall PUD
although the sites currently function in that respect with shared access. The reconstruction of a
commercial use will not adversely impact the capacity of any existing or planned community
facilities, services or lands as there will be no expansion of the site off of the existing lots, no
changes or alterations to public facilities including Dorset Street, an no need for new City
Services beyond those that already serve these commercial uses. As part of the project, a new
sidewalk connection to Dorset Street will be added along the Mall entrance drive to enhance
pedestrian access.
(2) The existing patterns and uses of development in the area.
The patterns and uses in the area include the University Mall which is a shopping center.
Included in the existing PUD is retail space throughout the mall site and a drive through bank at
the north end of the site; thus there will be no overall change in use in the PUD. The
commercial building on the 205 Parcel will continue to be a commercial use with the same
vehicle access to Dorset Street, only the proposed structure will be set back further from the
Dorset Street property line in order to provide a more consistent streetscape including a
landscaped buffer. This layout is consistent with the adjacent City Center goals for the Dorset
Street streetscape with a scale that promotes pedestrian accessibility between the two districts.
(3) Environmental limitations of the site or area and significant natural resource areas and
sites.
There are no known or mapped significant natural areas on or adjacent to the 205 Dorset parcel.
It is currently developed with approximately 88% coverage and no front yard setback. The
reconstruction of the building will allow for greater greenspace and infiltration. There is a stream
and associated Class Two wetland at the southern limits of the existing Mall PUD, however,
there is no development proposed in or near this area of the site.
City Council L Z.
March 26, 2012
Page 3
(4) Municipal Plans and other Municipal Bylaws.
The City of South Burlington Comprehensive Plan was adopted by the City Council on March 9,
2011. In this plan, the Land Use Goal includes the following language: "It is a goal of this City
to encourage a land use pattern generally consisting of a higher density, compact urban core in
the Dorset Street/Market Street area(i.e., proposed City Center), continued investment and
growth in the City's existing developed corridors (i.e., Shelburne Road and Williston Road
corridors)." Further, "In 1987, the area surrounding Dorset Street and Market Street was
designated as the future City Center of South Burlington. This area is planned to be
a downtown consisting of higher density, mixed uses including residential, retail, office, and the
municipal and school complex. This area is planned to be the focus or physical center of the City
where people and visitors can live, work and shop within a physically attractive, pedestrian
friendly environment."
The Mall PUD and the 205 Dorset parcel are located in the Commercial 1 Zoning District,
adjacent to the City Center Zoning District. The Mall provides, and with this amendment to the
PUD, will continue to provide the mix of goods and services that the Mall offers to the City
including places to work and shop, including retail, grocery, auto repair, banking, personal care
and restaurants, all within potential walking and biking distance to the City Center and nearby
residential neighborhoods.
If you have any questions about the materials provided, please do not hesitate to contact me.
Sincerely,
Sheila McIntyre
Environmental Planner
4 0-O.c-t h€A t 6U
SB CITY COUNCIL AGREED-UPON PROCEDURES
APRIL 2012
1. Rules of Procedures for City Council Meetings
A. Roberts Rules of Order: appropriate?
• Too complex
B. Vermont League of Cities and Towns rules: OK or too simple?
• Too general
C. Suggested SB City Council Rules of Order: (to facilitate an orderly efficient
meeting)
• Raise hand and wait to be acknowledged by chair
• Don't interrupt whomever is speaking
• No side remarks or conversations
• Speak only once on the topic until all other Councilors have had an opportunity
to speak
• All initiatives must be made by motion and seconded in order to be discussed
• Anything else???
2. Agenda: how formed and put on the agenda?
• Routine procedure: Chair and City Manager prepare the agenda
• Councilors may suggest items at the end of each meeting for subsequent
meetings
o Items will be added to agenda, if approved by a majority of Council
• No new items/issues will be added to the meeting less than two business days
prior to meeting (unless it is urgent or time sensitive)
3. Motions: continue to use them?
• Yes
4. Councilors, Staff and the Public: how to recognize them?
• Raise hands and wait to be acknowledged by the Chair
• Suggested a different table arrangement to help visibility
5. Confidentiality: important for items discussed in executive session?
• Yes
6. Councilors communications: appropriate conferring outside of meetings?
• Yes
• Serial conversations should be discouraged, especially if intent is to reach a
decision
7. City Staff: ok for individual Councilors to contact them?
• OK to contact Miller and Rusten; but only for maters of clarification
• No individual Councilor should contact other City staff
• No individual Councilor should task any City staff
• Tasking of City staff is done by majority vote
8. City attorneys, auditors, and other paid consultants: ok to contact?
• Legal opinion says this is legal
• No consensus mentioned on whether this is appropriate or desired
9. Joint sessions with PC and DRB: should this happen routinely?
• Joint sessions should occur at least annually with the DRB; more frequently
with PC
10. Alternate meeting locations (per charter): should this happen more frequently?
• Very difficult for staff(carrying needed paperwork)
• Difficult/sometimes impossible for CCTV (lack of electronic hook-ups)
• Suggestion on holding Town Forums--not City Council meetings -- at schools
on area-relevant topics
11. Appointments to Boards and Commissions: review current process; make
appointments out of cycle?
• Current process seemed OK
o Review criteria/qualifications, e.g., requirement to be a SB resident
• Discussed alternate positions -- but no consensus was reached
12. Interacting with the Media and Press and using social media: who/how to do it?
• City Manager and Chair should be the official spokespersons
• Make better use of The Other Paper, i.e., use their survey tool (Survey
Monkey) to acquire resident opinions; use Front Porch Forum
• Discussed City Facebook page; question on whether it is legal to have City
Councilors' Facebook page
• No use of cell phones or texting during the meeting
13. Reports and updates from representatives on City boards: should these and/or
attendance at Council meetings (or other kinds of coordination efforts) be required?
• Discussion on this;but issue not resolved
14. Evaluating City Manager: develop a process and time frame?
• Yes
15. Responding to Residents?
• City Manager to respond in some cases;but issue not resolved
�&rat,,4,t R�
`1 • 3.0 ) �
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City
matters. We want to be as open and informal as possible; but Council meetings are
not town meetings. In an effort to conduct orderly and efficient meetings, we kindly
request your cooperation and compliance with the following guidelines.
1. Please be respectful of each other (Council members, staff, the public).
2. Please raise your hand to be recognized by the Chair. Once recognized,
please state your name and address.
3. Please address the Chair and not other members of the public, staff, or
presenters.
4. Please abide by any time limits that have been set. Time limits will be used
to insure everyone is heard and there is sufficient time for the Council to
conduct all the business on the agenda.
5. The Chair will make a reasonable effort to allow everyone to speak once
before speakers address the Council a second time.
6. The Chair may ask that discussion be limited to the Councilors once the
public input has been heard.
7. Please do not interrupt when others are speaking.
8. Please do not repeat the points made by others, except to briefly say whether
you agree or disagree with others views.
9. Please use the outside hallway for side conversations. It is difficult to hear
speaker remarks when there are other conversations occurring.
April 2012