HomeMy WebLinkAboutSD-13-31 - Decision - 0005 Dorset Street#SD-13-31
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LARKIN FAMILY PARTNERSHIP — 5 DORSET STREET
PRELIMINARY & FINAL PLAT APPLICATION #SD-13-31
FINDINGS OF FACT AND DECISION
Larkin Family Partnership, hereafter referred to as the applicant, is seeking final plat approval to amend
a previously approved planned unit development consisting of: 1) a 275 seat standard restaurant, 2) a
71 room hotel (Comfort Suites), and 3) an 89 room hotel (University Inn). The amendment consists of
razing the 89 room hotel and replacing it with a new 89 room extended stay hotel (Homewood Suites), 5
Dorset Street.
The prior approval had expired and become null and void due to failure to record the plat in the land
records within the statutorily -required timeframe.
The Development Review Board held a public hearing on November 5, 2013. Greg Rabideau represented
the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
Larkin Family Partnership, hereafter referred to as the applicant, is seeking final plat approval to
amend a previously approved planned unit development consisting of: 1) a 275 seat standard
restaurant, 2) a 71 room hotel (Comfort Suites), and 3) an 89 room hotel (University Inn). The
amendment consists of razing the 89 room hotel and replacing it with a new 89 room extended stay
hotel (Homewood Suites), 5 Dorset Street.
2. The owner of record of the subject property is Larkin Family Partnership.
The application was received and deemed complete on October 4, 2013.
4. The subject property is located in the Commercial 1— Residential 12 Zoning District.
5. The plans submitted consists of a 24 page set of plans; page two (2) entitled "Dorset Street Hotel 5
Dorset Street, South Burlington Vermont" prepared by Ruggiano Engineering, Inc., dated 05/01/12,
and last revised on 2/212/13.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
C1 Zoning District
Required
Proposed
Min. Lot Size
40,000 SF
5.6 acres
Max. Building Coverage
40%
17.1%
Max. Overall Coverage
70%
68.4%
Min. Front Setback
50 ft.
>50 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
4 Front yard coverage (Dorset Street)
30%
54.9
�1 Zoning compliance
Non compliance
The Board finds the current front yard coverage along Dorset Street to be 63.8% and finds the proposed
lowering of the front yard coverage to 54.9% to be acceptable in its progression towards the 30% maximum
as only a portion of the site is being redeveloped.
It should also be noted that it appears that a whole line of parking on the north side of the PUD is within the
City Right of Way. These are pre-existing and non -conforming.
The Board supports having a building closer to the road. Most of the other buildings in the vicinity sit
within the front yard setback of Dorset Street. The recent historical trend that has been favored by the
City has been to pull buildings closer to the roads to present a more pedestrian friendly design. This has
been quite successful.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall
comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water
system shall be extended so as to provide the necessary quantity of water, at acceptable pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved
by the City and the State in any subdivision where off -lot wastewater is proposed.
The City Engineer has reviewed the plans and provided comments in a memo dated February 1, 2013. He
has no comments with respect to water supply and wastewater disposal capacity.
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Sufficient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
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.
The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Access to the subject lot is proposed via a 55' foot wide, shared entry and exit drive from Dorset Street. This
entry drive is shared with another existing hotel and an existing restaurant on the property.
The existing curb cut is 70 feet wide. At the sketch plan review for the expired plan, staff recommended
narrowing this to 30 feet. The preliminary plat plans showed a width of 40 feet. This final plat plan is
showing 55 feet. The Board sought additional input from the Director of Public Works who indicated that
the access modifications are acceptable.
There is good circulation around the existing and proposed buildings. A one-way travel lane allows vehicles
to move behind the existing hotel. The access to the front of the new building is 18 feet wide. There is also
a drive under the porte-cochere. This drive needs to serve only two lanes of slow -moving internal
circulation. The Board accepts the 18 foot width of the access drive to the east of the porte-cochere.
There are two points of access from the subject property to the property to the south, the University Mall
that merit discussion and evaluation.
First, an access easement was previously required to the University Mall property near the slip lane from
Dorset Street. This was approved on the subject parcel. When the University Mall was last reviewed, the
Board decided not to require the Mall property to create the corresponding easement on their side of the
property line, instead requesting that it be located further to the west. As such, the easement which
currently exists on the subject parcel, near the eastern slip lane, be abandoned. In return, the easement
should be created further west to match the corresponding access easement on the University Mall
property. The applicant has shown this on the plans. This access is proposed to be less than 15 feet wide.
As such, it should be one -direction only. Previous plans and sign proposals have indicated that it is to be one
direction, from the subject parcel to the University Mall. This direction has been shown on the plans.
The Board accepts the access easements as shown on the plans.
Parkins
Based on a 71 room hotel, 9,552 SF restaurant, and 89-unit extended stay hotel with sixteen (16)
employees, a base total of 348 parking spaces are required. Eight (8) parking spaces shall be marked as
handicapped -accessible.
267 parking spaces are proposed to be provided on site, including eight (8) reserved for handicapped
accessibility. This is a shortfall of 81 parking spaces, or 23.3%.
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The Board grants the applicant's request for a 23.3% parking waiver representing an 81 space shortfall
for a total of 267 spaces provided, due to the mix of site uses, the proximity of various services in the
vicinity and because the site is serviced by frequent public transport.
Traffic
There is no change in traffic generation as a result of this proposal. The applicant is replacing the prior
building with the exact number of rooms as existed previously.
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 on the subject property.
The project is designed to be visually compatible with the planned development patterns in the area, as
specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located.
It is the Board's position that the proposed project is in keeping with the planned development patterns of
the C1-1112 Zoning District.
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 with the Interstate. No
development is permitted in this overlay district. The applicant is also proposing to keep green space along
its southern boundary which is shared with the University Mall.
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 South Burlington Deputy Fire Chief has reviewed the plans and provided comments in a letter dated
February 25, 2013. A majority of the comments relate to building codes which the Board has no authority to
enforce. His comments are as follows:
South Burlington Fire Department has had the opportunity to review the
construction project proposed for the Hilton Group/Larkin Realty at 5 Dorset St.
The proposed structure is Type 5 construction (NFPA standards citation) and
shall be fully protected, to include: a full fire alarm/CO detection system
reporting to a UL listed monitoring company, NFPA compliant sprinkler system
with floor control valves, and a Class 1 standpipe system in all egress stair
towers. The suppression systems shall be designed by a NCET certified as
dictated by the Fire Code.
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The building shall afire department access key box (Supra box) installed at the
fire department access points. Remote fire alarm annunciation panels will also
be required at these locations.
The plan indicated that the fire department connection (FDC) to the sprinkler
system will be adjacent to the South East entry. This connection shall be a 4"
Storz type. The FDC shall be served by the adjacent hydrant. The owner shall
ensure that a clear access of 3' on either side of this connection to the public way
and shall be maintained in perpetuity.
Access to the site and vehicle turning movements were studied and are
acceptable to the SBFD. The current configuration of the project curb cut
meets SBFD turning requirements.
No changes to the plan are necessary.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been
designed in a manner that is compatible with the extension of such services and infrastructure to adjacent
landowners.
The Board has already discussed the issues, proposals, and possibilities for shared access with abutting
properties as well as the need to reduce the size of the curb cut.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with
City utility and roadway plans and maintenance standards.
The Board has already noted that the City Engineer has reviewed the plans. His comments are as follows:
Justin Rabidoux, Director of Public Works, Dated February 1, 2013
In reviewing the latest set of plans my only comments is that Public
Works shall have final approval of detectable warning plate material as
well as any pavement markings proposed in the ROW.
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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
It is the Board's position that the proposed use of this property is in conformance with the South Burlington
Comprehensive Plan.
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AFTER THE FACT SUBDIVISION
This application also includes the creation of lease lines (after the fact) to separate the Friendly's building
from the area with the two hotels. These two lots do not meet dimensional standards and could not exist as
separate lots. For planning and zoning purposes, these two lots shall be considered one lot. The applicant
shall record a NOTICE OF CONDITIONS to this effect.
For planning and zoning purposes, these two lots shall be considered one lot. The applicant shall record a
NOTICE OF CONDITIONS to this effect.
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:
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.
The Board has already addressed pedestrian connections to the abutting property to the south, as well as
the vehicular connections and easements. Furthermore, narrowing the wide curb -cut on Dorset Street
would improve pedestrian safety along the subject portion of Dorset Street.
The Board has also already addressed the adequacy of the parking proposed and provided.
((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;
(ii) The parking area will serve a single or two-family home,
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,
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(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.
(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 finds that the parking is in compliance with the land development regulations. The existing
spaces to the front of the restaurant are already in existence and use and associated with a building that is
to be re -used and thus permissible under criterion (iv). Further, this area is not part of the proposed
application.
The proposed parking and building are all to the sides and rear of buildings and meet each of the standards
above with the exception of handicapped spaces. The Board finds that these handicapped spaces meet the
standards of criterion (i).
The Board grants the placement of four (4) handicapped parking spaces in front of the building as shown on
the plans.
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 four stories and proposed to be 47 feet to the mid -point of the
pitched roof. The applicant is seeking a height waiver of seven (7) feet. The Board finds applicant's request
for a height waiver of seven (7) feet, for a total height of 47 feet to the midpoint of the pitched roof will not
detract from scenic views from adjacent public roadways and other public rights -of -way and that the
general objectives of the zoning district are met.
The Board grants the applicant's request for a height waiver of seven (7) feet, for a total height of 47 feet to
the midpoint of the pitched roof.
Newly installed utility services and service modifications necessitated by exterior alterations or building
expansions shall, to the extent feasible, be underground.
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Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground.
The DRB shall encourage the use of a combination of common materials and architectural characteristics,
landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of
different architectural styles.
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.
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
The reservation of land may be required on any lot for provision of access to abutting properties
whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to
provide additional access for emergency or other purposes, or to improve general access and circulation in
the area.
The applicant has submitted architectural elevations. The Board finds them satisfactory.
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.
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.
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.
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The applicant has submitted a landscaping plan and itemized budget. Based on $7,000,000 in building costs,
the plans shall include a minimum of $77,500 in new trees and shrubs. The plans state that the applicant is
proposing $73,307 in new landscaping, and is seeking a credit for $4344.50 in existing landscaping to bring
the total to $77,651.50. However, when the itemized plants are added, the totals in new landscaping are
actually $73,155.50. With the credit for existing trees, this brings the total to $77,500, exactly the minimum
requirement.
The Board grants a credit of $4344.50 for the existing crabapple trees.
The plans shall be revised to reflect accurate addition of the itemized trees and shrubs.
The City Arborist has reviewed the plans and stated that the plans for tree species and planting details are
satisfactory.
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.
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.
DECISION
r/ �,A ?
Motion by , seconded by7901 ( �/�'/L71 , to approve final plat
application #SD-13-31 of Larkin Family Partnership, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The Board finds the current front yard coverage along Dorset Street to be 63.8% and finds the
proposed lowering of the front yard coverage to 54.9% to be acceptable in its progression towards
the 30% maximum as only a portion of the site is being redeveloped.
4. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
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5. The proposed project shall adhere to standards for erosion control asset 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.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
7. The Board grants the applicant's request for a 23.3% parking waiver representing an 81 space
shortfall for a total of 267 spaces provided.
8. The applicant shall comply with the requirements of the South Burlington Fire Chief per letters
dated 2/6/12 and 7/12/12.
9. The Board grants the placement of four (4) handicapped parking spaces in front of the building as
shown on the plans.
10. The Board grants the applicant's request for a height waiver of seven (7) feet, for a total height of
47 feet to the midpoint of the pitched roof.
11. All new exterior lighting shall consist of downcasting, shielded fixtures. Any change to approved
lights shall require approval of the Administrative Officer prior to installation.
12. For planning and zoning purposes, these two lots shall be considered one lot. The applicant shall
record a NOTICE OF CONDITIONS to this effect prior to the recording of the final plat plan.
13. The applicant shall obtain a zoning permit for the building within six (6) months of this approval.
The Development Review Board grants a period of five (5) years for approval of phase 2 of the
proposed development. At such time as the five years is reached and the applicant has not
sought a zoning permit for phase 2, they shall be eligible, per Section 17.04 of the South
Burlington Land Development Regulations, for one (1) extension to an approval if the
application takes place before the approval has expired and if the Development Review Board
determines that conditions are essentially unchanged from the time of the original approval. In
granting such an extension, the Development Review Board may specify a period of time up to
one (1) year for the extension.
14. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the hotel will generate zero (0)
additional vehicle trip ends during the P.M. peak hour.
15. Prior to permit issuance, the applicant shall post a $77,500 landscaping bond. This bond shall
remain in full effect for three (3) years to assure that the landscaping has taken root and has a
good chance of survival.
16. The plat shall be revised to show the change below and shall require approval of the
Administrative Officer. Three full sized (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording the final plat plan.
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The boundary survey shall be revised to clearly indicate the lease line and shall be signed by
the land surveyor.
17. The mylar shall be recorded prior to permit issuance.
18. The applicant shall complete connection of the access drive to the University Mall entrance prior
to issuance of a Certificate of Occupancy.
19. The final plat plans (Sheet #C-2 & boundary survey) shall be recorded in the land records within
180 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk
prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of the
South Burlington GIS Coordinator.
Tim Barritt—
0ea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not resent
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
< not pres—en
David Parsons
"yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
no resen
Jennifer Smith —
yea
nay
abstain
not present
Motion carried by a vote of
Signed this S day of
// p-i/c ^ h ,`r
Art Klugo, hairman
2013, by
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
htto.Ilvermontiudiciary.orgIGTC/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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