HomeMy WebLinkAboutSD-14-25 - Decision - 0005 Dorset Street#SD-14-25
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HALVORSEN DEVELOPMENT--- 5 DORSET STREET
PRELIMINARY PLAT APPLICATION #SD-14-25
FINDINGS OF FACT AND DECISION
Preliminary plat application # #SD-14-25 of Halvorsen Development to amend a previously
approved planned unit development consisting of: 1) a 9,356 sq. ft. 275 seat standard
restaurant, 2) a 71 room hotel (Comfort Suites), and 3) an 89 room hotel. The amendment
consists of; 1) razing the 275 seat restaurant building, and 2) constructing 11,242 sq. ft. retail
building, 1 Dorset Street.
The Development Review Board held a public hearing on October 21, 2014, November 18, 2014
and December 2, 2014. Debra Bell represented the applicant.
Based on the plans and materials contained in the document file for this application, the Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. The project consists of preliminary plat application # #SD-14-25 of Halvorsen
Development to amend a previously approved planned unit development consisting of:
1) a 9,356 sq. ft. 275 seat standard restaurant, 2) a 71 room hotel (Comfort Suites), and
3) an 89 room hotel. The amendment consists of; 1) razing the 275 seat restaurant
building, and 2) constructing 11,242 sq. ft. retail building, 1 Dorset Street.
2. The owners of record of the subject properties are Krislin 111, LLC and Larkin Family
Partnership;
3. The subject property is located in the Commercial 1— Residential 12 Zoning District.
4. The application was received on September 5, 2014.
5. The plan set submitted consists of a 19 page set of plans, page five (5) is entitled
"Halvorsen Development One Dorset Street South Burlington, VT Existing Conditions
Plan", prepared by Trudell Consulting Engineers, dated 6/14/13, and last revised on
11/8/14.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
C1 Zoning District
Required
Proposed
Existing
Min. Lot Size
40,000 SF
5.61 acres
5.61 acres
Max. Building Coverage
40%
17.1%
17.3%
Max. Overall Coverage
70%
65.8%
68%
46 Min. Front Setback (Williston Road)
50 ft.
9.5 ft.
^ 100 ft.
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rl► Min. Front Setback (Dorset Street)
50 ft.
10 ft.
—52 ft.
4 Min. Side Setback
10 ft.
>10 ft.
—62 ft.
Min. Rear Setback (Corner Lot: Not
applicable.)
n/a
n/a
n/a
46 Front yard coverage (Williston
Road)
30%
40.3%
89.0%
-16 Front yard coverage (Dorset Street)
30%
48.0%
54.9%
1✓- zoning compliance 4 -waiver requested
The Board, as part of its review of the previous proposal, had found the current front yard coverage
along Dorset Street to be 63.8% and found the proposed lowering of the front yard coverage to
48.0% to be acceptable in its progression towards the 30% maximum as only a portion of the site is
being redeveloped. Similarly, staff notes that the existing front yard coverage along Williston Road
is 89% and therefore the proposed coverage of 40.3% is a major improvement.
The Board had also previously indicated at a setback waiver would be appropriate as buildings
along Dorset Street have generally been supported to be closer to the street to promote
pedestrian -friendly activity. The same is true for Williston Road. See notes below, however,
concerning operable entrances.
The Board grants Front Setback waivers of 40.5 ft (resulting in a 9.5 ft. setback) along Williston Road
and 40 ft. (resulting in a 10 ft. setback) along Dorset Street.
The Board grants Front Yard coverage waivers to allow for 43.4% along Williston Road and for
45.2% along Dorset Street.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions
shall comply with the following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
The subject property is served by public water and public sewer that the proposed conversion from
a restaurant to a retail / pharmacy use would not likely require additional water or wastewater for
the PLID. This shall be confirmed, and any additional capacity shall be applied for, prior to
submission of a final plat application.
(A)(2) Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject
property and adjacent properties.
The Board finds that the proposed project shall adhere to standards for erosion control as set forth
in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading
plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development
Regulations.
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(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
1. Access
Prior to approval of the construction of the Homewood Suites hotel the curb cut was 70 feet wide.
In approving the plan for the hotel the Board approved a 55 ft. wide entrance. Access to the subject
lot is proposed to remain as a 55 ft. foot wide, shared entry and exit drive from Dorset Street. This
entry drive would be shared by the existing hotel, the hotel under construction and the proposed
retail building. The entry and exit are separated by a 12 ft. wide curb reveal reduction. The
applicant has proposed to lower the curb reveal island to 1 % inches in height to accommodate
delivery vehicles and fire apparatus. The Board finds this acceptable.
2. Circulation & Traffic
As previously noted, the Board considers the change from a restaurant use to a retail use would not
likely be an increase in p.m. peak hour trips.
The applicant has proposed that the southwest entry to the parking lot to be 18 ft. and will also
stripe the entry to indicate it as an entry only location. The applicant has also indicated that signage
will also be installed to direct the retail building users to exit at the SW corner.
The Board finds that the applicant has adequately addressed access, circulation and traffic
management and that this criterion is met.
(A)(4) The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the
site.
There are no wetlands or unique natural features on the site.
(A)(5) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which
it is located.
The Board finds the proposed project to be compatible with the planned development patterns of
the C1-R12 Zoning District. In response to staff comments and Board discussion, the applicant
made substantial revisions to create one, long pergola building along Dorset Street and has agreed
to explore enhancements to the architectural features of the western and north-western facades of
the building. It is the Board's understanding that the applicant will work with staff to refine the
design of the pergola prior to final plat application.
(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
This is among the densest and most urban areas in the City. Large areas of open space would be
uncommon and unfitting. Still, there is a large swath of open land along the property's boundary
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with the Interstate. No development is permitted in this overlay district. As noted for previous
applications concerning this property, the applicant is also proposing to keep green space along its
southern boundary which is shared with the University Mall.
The Board finds that this criterion is met.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to
ensure that adequate fire protection can be provided.
The fire chief has preliminarily examined the proposal with the applicant and given oral guidance.
The Board finds that the fire chief should provide written comments prior to final plat approval.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent landowners.
The PUD has an approved connection to the property to the south. Sidewalks are existing along
Dorset Street and Williston Road, and additional sidewalks are proposed to connect the building to
the pergola and hotels. Stormwater enhancements are proposed along the western side of the
property. See below for discussion of landscaping.
The Board finds that this criterion is met.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
Previous plans and discussions of the property showed a need for a pedestrian connection to the
mall property to the south. A connection is shown along the eastern edge of the parking area. The
Board finds this acceptable.
The Department of Public Works has preliminarily examined the proposal with the applicant and
given oral guidance. The Board finds that the Department should provide written comments prior
to final plat approval.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Board finds the proposed use of this property to be in conformance with the South Burlington
Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site
plan approval. Section 14.06 establishes the following general review standards for all site plan
applications:
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B. Relationship of Proposed Structures to the Site
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement,
and adequate parking areas.
Applicant has shown pedestrian connections between buildings and from the sidewalks to the
building. In response to staff comments and Board discussion the applicant has revised the
application to include a second operable entrance at the northwest corner of the building facing
Williston Road.
The Board finds that this operable entrance along Williston Road as well as the main entrance
facing the parking lot will be two-way operable during all business hours.
Parking requirements total 233 spaces continue to be calculated as follows:
-For the 71 room hotel with eight (8) employees, 79 spaces are required and are on site.
-For the 89-unit extended stay hotel with sixteen (16) employees 97 spaces are required
and are on site.
-For the proposed 11,242 SF retail store, 57 spaces are required and are proposed. Four
(4) parking spaces are marked as handicapped -accessible.
The total proposed parking spaces are 233 which match the amount required. Note that
the Board previously approved a 267 space parking plan in a prior proposal which
included a restaurant instead of a pharmacy.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a
building facing a public street shall be considered a front side of a
building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public
street and one or more buildings if the Board finds that one or more of
the following criteria are met. The Board shall approve only the
minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of
the Americans with Disabilities Act;
The parking area will serve a single or two-family home,
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be
located adjacent to the public street,
(iv) The lot contains one or more existing buildings that are to be re-
used and parking needs cannot be accommodated to the rear
and sides of the existing building(s), or,
(v) The principal use of the lot is for public recreation.
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(ui) The lot is located within the Mixed Industrial -Commercial
District.
(c) Where more than one building exists or is proposed on a lot, the total
width of all parking areas located to the side of building(s) at the
building line shall not exceed one half of the width of all building(s)
located at the building line. Parking approved pursuant to 14.06(8)(2)(b)
shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or
to the front of the building adjacent to the public street with the lowest
average daily volume of traffic. Where a lot abuts an Interstate or its
interchanges, parking shall be located to the side of the building(s) or to
the front adjacent to the Interstate. Parking areas adjacent to the
Interstate shall be screened with sufficient landscaping to screen the
parking from view of the Interstate.
The Board notes that the basic intent of the above section is to regulate and limit the amount of
space dedicated to parking between buildings along a street.
The applicant has revised the plan to add a 55' x 10' pergola along Dorset Street which, when
deemed to be a "building", increases the amount of building width in order to comply with the
building width to parking area width ratio and to add shrub landscaping along the length of the
parking area.
The length of this structure is sufficient to meet the standard for building to parking width ratio for
the parcel including the hotel, pergola, and proposed new principal building.
The landscaping is deciduous and is anticipated to reach a height of 4-6 feet at maturity which
should adequately screen the parking.
The architecture is consistent with the adjacent primary CVS building. The pergola is also 10' wide,
which is likely sufficient space for human use as described in the definition of building.
The Board finds that the pergola as proposed is a building and that this building and landscaping are
substantive enough to create an inviting environment and create architectural integration with the
property. The Board finds that the proposed pergola building together with the pedestrian
circulation, the presence of the building on Dorset and Williston Roads, and the installation of an
operable doorway on Williston Road, meet this standard.
The Board also finds that the applicant shall reserve space in the pergola to allow for future
"wayfinding" or "interpretive" information such as kiosks or panels or signs to provide greater
interest to users.
The Board finds that as a result of the pergola building and landscaping that criterion (c) above is
met.
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Criterion (d) above also requires that there be sufficient landscaping to "screen the parking from
view of the interstate". The Board finds that this requirement is being met with this proposal.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale
of each building shall be compatible with its site and existing or adjoining buildings.
The height of the proposed building is two stories with the top floor consisting of a small mezzanine
and 28 ft. high which is below the limit of 35 ft. for this zoning district.
The Board finds that this criterion is met.
(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
(5) The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive
transitions between buildings of different architectural styles.
The Board finds that this criterion is met.
(6) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
The Board finds that this criterion is met.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the Land Development Regulations:
(1) The reservation of land may be required on any lot for provision of access to abutting
properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or
collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
The Board has already discussed the issues, proposals, and possibilities for shared access with
abutting properties. The Board finds that this criterion is met.
(2) Electric, telephone and other wire -served utility lines and service connections shall be
underground. Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground. The Board finds that this criterion is met.
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All dumpsters and other facilities to handle solid waste, including compliance with any recycling
or other requirements, shall be accessible, secure and properly screened with opaque fencing to
ensure that trash and debris do not escape the enclosure(s).
The plans show proposed dumpsters or other waste facilities, adequately screened. The Board finds
that this criterion is met.
OTHER - Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall
be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land
Development Regulations requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers.
Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be
shown on the plans. The plans show adequate snow storage areas for the subject property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
In response to staff comments and discussions at the October 21' meeting, the applicant has
submitted a revised landscaping plan and itemized budget totaling $25,965. Based on $1,779,020
in building costs, the plans shall include a minimum of $25,490 in new trees and shrubs. This
requirement is being met.
The proposed parking areas contain more than twenty (20) parking spaces, and therefore should be
landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The site plan
shows proposed landscaping on the interior of the proposed parking area.
The Board finds this criterion to be met.
OTHER - Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
For the October 21" meeting, staff noted that indirect glare at ground level shall not exceed 0.3
Fc maximum, and 0.1 Fc average and that the maximum standard was exceeded at several
points just outside of the southeast edge of the parcel boundary just north of the proposed
entrance drive
The applicant has submitted a revised lighting plan showing existing foot candle values at the
property. Existing light values due to intersection lighting currently exceeding the maximum
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standard and the average standard. The lighting plan indicates that the project's luminaries shall
not exceed existing levels.
The Board finds this criterion to be met.
OTHER - INTERSTATE HIGHWAY OVERLAY DISTRICT
A new dumpster enclosure is proposed within the Interstate Highway Overlay District (IHO). This
type of use is not contemplated within this district in the regulations.
The Board finds that given the context of the proposed development with innovate features such as
buildings along the streets, operable entrances, and hidden parking areas, and that the existing
encroachment in the IHO District would be reduced with the project, that this new dumpster
enclosure would be acceptable if the landscaping requirement discussed above was being met.
Other
The survey plat submitted only shows a portion of the property. The Board finds that the plat
should be revised to show the entire property.
DECISION
Motion by Bill Miller, seconded by David Parsons, to approve preliminary plat application #SD-
14-25 of Halvorsen Development subject to the following stipulations:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. The applicant shall obtain preliminary wastewater allocation prior to final plat approval and
final wastewater allocation prior to issuance of a zoning permit.
3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
4. The Board grants Front Setback waivers of 40.5 ft (resulting in a 9.5 ft. setback) along Williston
Road and 40 ft. (resulting in a 10 ft. setback) along Dorset Street.
5. The Board grants Front Yard coverage waivers to allow for 40.3% along Williston Road and for
48.0% along Dorset Street.
6. The plans shall be revised to show the changes below prior to final plat submission:
a. The survey plat shall be revised to show the entire property.
b. The plans for the pergola should include a note that "wayfinding and/or
interpretive information" may be installed within or on the pergola.
7. The final plat application shall be submitted within 12 months of this decision.
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Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Brian Breslend —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons—
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
John Wilking—
yea
nay
abstain
not present
Motion carried by a vote of 5-1— 0.
Signed this ! % day of 6?M r 2014, by
Tim Barritt, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed
to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at
802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for more
information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant
state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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