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HomeMy WebLinkAboutAgenda - City Council - 05/30/2012 eel *44v southburlin qto 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. 1111 ‘040 southburlingten 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 Please Print Na -1 Name Name 1 I 18 35 2 S9'ari0 19 36 3 t-(_i c �c�6&.Ca 0 20 37 4 ?-yei geSV1 21 38 5 �q .,, s--- 22 39 6 ,c.:- `)-_kr`� `l 23 40 7 4 ,,.j "N ,,,1 24 41 8A-AeM 1r( 5 25 42 9 ni ra 1 ' ,kV- 26 43 10ter- 1 imoiJ O -& 27 44 11 6,1 ( S 1u.u.,J 0 28 45 12 29 46 13 30 47 14 31 48 15 32 49 16 33 50 17 34 51 • c Revised 4/2012 ilfrA Interested Persons R cord and Service List southh_ r n ton. VEP.M OiT 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). HEARING DATE: A PRiL$ so, 20 (Z (co 0, c+`a PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST J'ef 044Y1 j°`csVAleAta—vi,cor. Gi.,;1 • l-koe; to IVa^Sf1 elcl Ql-t Lv. NeFc Su. & (1\,,,3-0,, U oS4E-lo3 Gam' c�.t.,w -.1,.t. S5i2- .,li i v e F=p-}=wc. cc�i re �4: F6Lt Gt tau 21-d NI G.Tt1.!i T 05401 -z-i1/44, e z: J r �i�12 xl Ecc V r atz,t S z C i f i c Gc4,Q g ' Cr;‹ Nc__f-t- 0 1 S a . A U 1Ze(Af rtYAI i Car (MP C iiut 0 i\ t jcp H PatOces (teftiAlkk&& lUereAleak i()( (Al- c 1.s r (11 k Revised 4/2012 t` t � Ott q Interested Persons Record and Service List ` -- 1 south urlingto 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! NAME EMAIL ADDRESS1 MAILING ADDRESi PROJECT OF INTEREST II'' ✓ Inv i►es@�'nN/ i� itll/'e5 y ►ti Go 1 slrrr- * l- LJAi..15i 01pi C( 9iv± hhrJ �� � � .� ,� 4� bdsbnyAAA_ n i oro . site '► ra Cs Om iss sd S� ' c �k(i,\,e_is,b 1 cturlivief-c),\ , Shea C1)c.„a c-N ce- st•,�;r` ee@ swr.,r,;A e t<<aINn 'ftris'3 -3 VIC( .C- . e-a ur,;wer-Si'y A' \I � I �n . -\ I 14 ZPriN I{2 04 c,r1 N j ta-F 1�. 0-F/�R1z9P a P- ) S S D 002 'T LJ �V 1 Nl Sn 5 7 r1,► r AL y 3o 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 ,v tit southburlington 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 ti r t'g-', a"'7.,:;': %;;4,.''' -'I,Vx. ;6'l''';',.,1v k,- ' its\-- ':',',`,V14:1"17,-1.. ' if a li, tea. r„ � or Y t : r ,,.. ' ;•••,- ,. .t, - 4. ,,.'i ,,,,A. 4",.-7 ,,,,`..:„-„,4,T 4,),,' , 't tykirt?.;‘',4„,.• -*--4, .;...: . 7 '''t.4-.l's•'-' — * ''. ."-- 1 * SubjectParcel : 3 i t';‘,.- -A,- ,I. :;,,.-„-:170, , ,,....., ,, „ < { ,, w ,y Z. r "�.'....'+g. .III"���q. $= i V. Y � � .r � '� �� v -=,gip '.-': x 3 ,� �. '" d-`w � 3' gy �, *4I ^ ..t ." z} "*its'; '.y " " �.,".,�1 Yy ",�+c.�.. n Y �' sit i #` FL � F `� � 9.+..,... s i '2 1 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 10 /I&ta. 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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 The existing water, sewer and gas service sizes could not be verified through 11. The tolerance for finish grades for all pavement, walkways and lawn areas shall be 0.1 feet. C1.4 PROPOSED EPSC& CONSTRUCTION SITE PLAN w� ,�A1133 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 7I14201DA 1TE ca1'=20' as indicated on the plans or directed by the Engineer. 13. The Contractor shall coordinate oil work within the City Rood R,O.vc with the Public WorksORAVrti 3, rl(fn Pr 3. The Contractor shall maintain os-built plans(with ties) for all underground utilities. Deportment. MJW/JSO •`cSAV Those pions shall be submitted to the Owner at the completion of the project. 14. The Contractor shall install the electrical, cable and telephone services in accordance with eivrL. ,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 y 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 SH 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 9. The Contractor shall submit shop drawings for all items and materials incorporated into 18, Vertical datum based on a scaled elevation from a UGSG Goad Topo mop. Horizontal datum GRAPHIC SCALE SITE PLAN the site work. Work shall not begin on any item until shop drawing approval is granted. based on a magnetic reading token at the time of survey. 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CONIFEROUS TREE ,vb..'�3.¢4COMM.WOE•'"'011M 1•�.. w .ca rr uu.0 ottlwx o^'�•TMrt"00011011y I eaaxrcrar..ml oaaerlrxr. acr MONO aEcncr coo'w°a®rt.oar aawrto uwr muar urowr wwio.�Otwo.ro wvw. • a rues(.rw.) �s(r...y u (vvwwv-w� EDGE OF BRUSH/WOODS I m`w1mr"AN`ww°�sn"� 1111.10110 �0M0p1' M.nws e I w 'r ws�`avloe'are Ato O.an ss I —•—•— CHAIN LINK FENCE lwwrm /0011:0111.1 OW. sve oar —•—•— STOCKADE FENCE S -- -- DRAINAGE SWALE 1000 ' r HELBURNE ROAD F SOWN IURUNGTON ' VT 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 30 ao »eE NO (IN FEET) I inch.. 20 IL C1 e1 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 �►M► ! 1. +�! yr, w 'ham , # � ' y 71,,,:::tr,t. 4; , -ice v " � �. - r, ' _ X +y . , D 'e -4 , ,, �. N ,d to v — ac k a • a. �i 'a.. I— . subject Property E i i .; , .f + a J ; ::,:, r 5 x= :' s �'' k t„ ass "R� .` ti '^,I t�' 3` 1 s a eg t d „r. � fk 1 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 Locatwn dfap N/F I I UNIVERSITY OF VERMONT I ( 0 .Y{✓� w 1 HORIZON HEIGHTS i { fl.0 t yg -", /360 SEAR °.m„L.1 ',, ,, '� by ''- �.L_ CUPOLA GOLF COURSE INC. I I A. 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I / 1 --\' C� ASSOC. I I I N F W t __ __i 1 \ 1 N� I BARNES& I TEKRAMNPARTNERS I N� �� AMI BURUNGTON INC.NC. i I NOBLE i i CREER --� ` , 6 SOUTH BURUNGIONJ I I , I I I I LCHAMPLAIN, v REALTY CORP. `N/F / OIL CO. _�� v O SOUTH BURLINGTON / ~ Cil N/F REALTY CORP. O \ RW REALTY ASSOC �• NI / N s OWNERS OF RECORD: 0 205 DS LLC UNIVERSITY MALL, LLC In VOL 992,PG. 217 VOL 778,PG. 63 O 419 BOYLSTON STREET C/O FINARD PROPERTIES,LLC N SUITE 300 155 DORSET STREET / BOSTON,MA 02116 SOUTH BURUNGTON,VT 05403 SpPMY DAT, NPN 71■"y11■■■■■ EXISTING CONDITIONS PLAN OA7E cal seam a■ -�■ ■ 3/26/2012 n ■ GRAPHIC SCALE DFH a� I■ AP4NHVC NO. �Ae^ a 205 DORSET STREET EC1 .. 100 m '00 NPN SUMMIT ENGINEERING,INC UNIVERSITY MALL Q OfLo w E^pM-n.Surveyors.Mans.Landscapes Arc,0.n. (IN nrr) 1233 Shelburne Road C2 PRLiECT Na / 155 DORSET STREET I ion-tootL SCALE South Burlington, VT 05403 SOUTH BURUNGTON, VERMONT e 7723.11 b_ fYEX/M SfApOt_EC 1--100' a,..(e0z)658-5588 Fax(e02)65e-3628 Location Map -1 UNIVERSITY OF VERMONT N/F I l P f 'S 1 HORIZON HEIGHTS I N/F {� yI 1__—__—' #360 SPEAR ��. ., ----__ I CUPOLA GOLF COURSE INC. r' IIIE ± IJ______ _N/F > . • ,,,,r,, / - ____ 7 /iiiiiiiiiiiiiiiiiiii ri r/rii / 1 I1 t� \ \ 4HERIDAN� \ �. \ 19 T� �---_______ ii7/i�/�/ 2 :' -\•- w BEGIN - �� `♦ \ \ % /, 19O / ___ 5 rna. OFF-RAMP 1\5 DRA4YER `♦ \\ \� \ 7lOADING p 18 I = o O 20 •�, g LOT COVERAGE IN I.H.O. DISTRICT y \ HANNAFORD'S is , KOHL'S 6 s o,,� ALONG I-89: &YANG" ` \ ''\O \ AREA r - /N/F /`♦ \\ `� \ 1 19 UNIVERSITY MALL ��— 'I' `��. �'Py� BUILDINGS: 33,937 SF- 8.8E wus j" �� \\ \• .; 790 EXISTING MALL a 7 ` (PRAEENSPACE: 205.268 SF VEMENT: 144.705 SF-3365 \' \ \ TOTAL: 383,910 SF= 100E N/F `` \ \,l • ' p 20� STORES ' ,# . 7 ROBBINS /\♦ \ i %LOADIN,(-�\ A 5 ` ♦ V / 1 • r , AREA _{`U ` I 1 HOME 19 % r 10r 1 �\ N/F ♦1 ,. 1\ GOODS 0 191 JC PENNEY / `o % r SEARS ;& CHUNC �\ , 1919 0 �YIU cU • % ``\ ♦' \ \ 19 % %- i 8 1 TIRE ACCESS ♦ APPROVED BY CITY N F 1 ( / 0 19I �iiviivirrriirriir(.* / riiiviiiii riiriiJ,/,,/rirrr//� \\ COUTURE \• f I EXISTING S f ,�A BUT NOT CONSIRUCTED\ `♦I / \ 1�% MALL i i/iiiiiiii riiniiiin/,zw,0i riiiiiill/1l1' 1 `.\ --� \ \ 75 I 34 �6 n ENTRANCE r% i N/F \ I I 33 0`( C19 'eU1 / (TYP.) / JOPPE-MERCUREI I I 1 j - 1 1 \ 1 \ I 32 C21 j / r / N/F�� �, \\ I 31 20 O i PARKING STRUCTURE I SHEPARD-� i i 25'J1� 17 .' 1 1 N/F 7 �.. r (77VBON—TON j j I ``\SAUER� q Ti71CT\\ /�, 39 37 3939 37 36 3739 39370 20 21 21 20 ('�3 G i 5 DOT i N� \�♦ �1 / r / ONLY LARKIN,TARRANT ``\ �`O \\ C� oo ! 2 % t./ rirr//////iirir.47/7/ri//////// &HOEHL Q N/F I \ 1 SEARS 1a !� 13 �17cts i �LOAa� j C i MARCHESSAULT \ 1 \ AUTO 1818 %\\\\•\. , r AREACO I I O N F \\ `�\ \�� CENi�E G.— 1111 taeOPaaml I 191 a T �' �- jiiiiiiiiiiivi iiivr -1 Q -�S I. ; `�• 0.� 1 \ \ v/l I71ttDN0 �c=A U0�- \ �\ \ �I,y A17 `----, '3 10. \ / -III a e T I 6 - Trnc •\ _ \\ \\� \) O no 7 ■ �6 {'�� i, 10se I 1 LL ' 1 �� \� I r—�I �$ 8 8 8 8 8 8 8 8 9 9 9 DES JtNO I I 1 ( 14r ( 1 �+''� r ��8� 1,5 I 1 1 It I �1� �1 e 1( 1 I 11 f II�LxA1m — 1�= i�PROPOSED , 1\I� r�l I o R� cv m rs J t A DORSET STREET - RI --- ------ - ------------ ABJ INC. i 'MCKENNA'REASSOC.1�O UTti WOOD I ORSET SQUARE ASSOC. I I i i I `\ �� I I 3 N ~-- -'� I o ' ' AMI BURUNGTON INC. I BARNES& I N/F I N/F �_ �tj 1 � NOBLE I TEKRAM PARTNERS 1 GREY O� I I . N/ SOUTH BU/FRUNGON I 1 I I I CHAMPLAIN, ~ REALTY CORP. UR / OIL CO. .Z hj7 SOUTH BURUNGTON / p '�~ 0I lnivenity Mnll and?OS Dorset Street PUD - Lot CoverageN/F REALM CORP. OProposed Retail,Revised 3/26/12 RW REALTY ASSOC. �� Cr) Total Area 2,268,366 sf= 52.07 acres apt Coverage in 50'Setback Alona Dorset Street / W /_ Buildings: 707,776 sf Existing 31.2% Buildings: 4,546 of Existing c� +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 Impervious: 994,163 sf Existing 43.8% Impervious: 35,861 of Existing 205 DS LLC UNIVERSITY MALL,LLC Breakdown of 3,149 Spaces: u'� -7,700 of Proposed 983 in Parkin Structure 33-1,957 sf Proposed VOL 9 BOYLSTON G. STREET VOL7 FlNARD 778, GPROPERTIES,LLC N 987,063 of New Total = 43.5% 9 33,957 of New Total 35E 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 +3,539 of Proposed +366 sf Proposed 0.315 ACRE 51.76 ACRES 569,966 of New Total- 25.1E 58,050 of New Total_ 59% AAl1l7, GROSS LEASE AREA: DAFT, NPN ;;aayYY;:a OVERALL SITE PLAN °� 3 26 2012 Previously Permitted: 618,605 of GRAPHIC SCALE DFH s� Ni CRAWL*NO. j Proposed: 6,352 of MAWS - 205 DORSET STREET S1 Q New Total: 624,957 sf 10p '- we "e NPN SUMMIT ENGINEERING,INC UNIVERSITY MALL OYErXm desk see.surveyor..Perm....Lendesspe Architects (� (a;re=) SM 1233 Sbelbume Road C2 PR0.ECT NO. 155 DORSET STREET t Inch=toots MACE Burlington,VT 05403 SOUTH BURUNGTON, VERMONT 7723.11 L_ FIE NSW 511A0t_sr 1e�100' au.(a02)658-5568 Fax(032)658-3629 as III il--Th 30 — e .ii'11 t , � I — 0 I II I $ q I---- SS avbo 3on+vbtnr_v nvn-n ..� . 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NO , ro F:\CAD\7723.11\205 Dorset\SO1R00.dwg, S2 (2), 3/29/2012 11:44:09 AM �rr"®rrli�.,1 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