HomeMy WebLinkAboutSD-12-33 - Decision - 0005 Dorset Street#SD-12-33
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LARKIN FAMILY PARTNERSHIP — 5 DORSET STREET
FINAL PLAT APPLICATION #SD-12-33
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 Development Review Board held public hearings on February 5, February 19, & March 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.
3. The application was received on 12/05/12.
4. The subject property is located in the Commercial 1 — Residential 12 Zoning District.
5. The plan submitted consists of a 16 page set of plans; page one entitled "Dorset Street
Hotel South Burlington Vermont Existing Features Plan" prepared by Llewellyn -Howley
Incorporated, dated 1/19/12, and last revised on 9/12/12.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
C1 Zoning District
Required
Proposed
�l Min. Lot Size
40,000 SF
5.6 acres
�l Max. Building Coverage
40%
17.1 %
Max. Overall Coverage
70%
67.5%
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 %
� 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, 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.
Parkin
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-R12 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
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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.
The building shall a fire 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 Yon 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
mail 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).
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It is the Board's position that the proposed use of this property is in conformance with the South
Burlington Comprehensive Plan.
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;
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(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,
(u) 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(B) (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
Motion by Mark Behr, seconded by Tim Barritt, to approve final plat application #SD-12-33 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.
5. 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
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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 address the concerns 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.
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 (3) copies of the approved revised plans shall be submitted
to the Administrative Officer prior to recording the final plat plan.
a. The landscaping plan shall be revised to reflect accurate addition of the itemized
trees and shrubs. Only the itemized total may be changed.
b. The boundary survey shall be revised to clearly indicate the lease line and shall be
signed by the land surveyor.
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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— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Art Klugo— yea/nay/abstain/not present
Bill Miller — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 5 — 0 — 0
Signed this 27th day of March 2013, by
1� C. emDigitally signed by Mark C. Behr
Ma 1 k C B e h r em cn=Mark C. Behr, o, ail=mark@rhbpc.com, c=US
Date: 2013.03.27 12:54:10-04'00'
Mark Behr, Chairman
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.orp/GTC/environmental/default.asox for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or pennittee 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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