HomeMy WebLinkAboutSD-11-50 - Decision - 0005 Dorset Street#SD-11-50
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LARKIN FAMILY PARTNERSHIP — 5 DORSET STREET
PRELIMINARY PLAT APPLICATION #SD-11-60
FINDINGS OF FACT AND DECISION
Larkin Family Partnership, hereafter referred to as the applicant, is seeking preliminary 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 a public hearing on July 17, 2012. Skip McClellan and
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 preliminary 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 12/22/11.
4. The subject property is located in the Commercial 1 — Residential 12 Zoning District.
5. The plan submitted consists of an 11 page set of plans; page one entitled "Dorset Street
Hotel' prepared by Llewellyn -Howley Incorporated, dated 1/19/12, latest revision, 6/20/12 to
Sheet L-1.
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 %
�l Max. Overall Coverage
70%
65.1 %
�l Min. Front Setback
50 ft.
>50 ft.
�I Min. Side Setback
10 ft.
>10 ft.
�I Min. Rear Setback
30 ft.
>30 ft.
Front yard coverage Dorset Street
30%
54.9 %
� Zoning compliance
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4 Non compliance
6. 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.
7. The Final Plat Plan shall be revised to show the proposed front yard coverage for the
portion of the site to be redeveloped to the Board with its Final Plat submission.
8. The Board is aware that a line of parking on the north side of the PUD is within the City
Right of Way. These are pre-existing and non -conforming and not subject to the current
application.
SUBDIVISION CRITERIA
Pursuant to Section 15.18(A) of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
(1) 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.
9. The City Engineer shall review the plans prior to final plat approval.
The applicant shall obtain preliminary wastewater allocation prior to final plat approval and final
wastewater allocation prior to issuance of a zoning permit.
(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.
10. 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.
(3) 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 40' foot wide, shared entry drive from Dorset Street.
This entry drive is shared with another existing hotel and an existing restaurant on the property.
The applicant is proposing a "raised, mountable island" in this entry way. This entrance way is
proposed to be narrowed from an existing 70 foot curb cut. It appears that it impedes the existing
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recreation path on Dorset Street, whereas it should instead serve as a place of refuge for
pedestrians attempting to cross this large curb cut.
A portion of the mountable island is in the City Right of Way and has been reviewed by the Director
of Public Works. Comments from the Director, dated July 2, 2012, were reviewed by the Board.
11. The applicant shall provide additional detail for the "raised, mountable island" as part of its
final plat application.
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.
Parkinq
Based on a 71 room hotel, 9,552 SF restaurant, and 89-unit extended stay hotel with eight (8)
employees, a base total of 340 parking spaces are required. Eight (8) parking spaces shall be
marked as handicapped -accessible.
263 parking spaces are proposed to be provided on site, including eight (8) reserved for
handicapped accessibility. This is a shortfall of 77 parking spaces, or 22.6%.
12. The Board grants the applicant's request for a 22.6% parking waiver representing a 77
space shortfall for a total of 263 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.
13. The final plat plan shall be revised to include the correct parking calculations.
Traffic
There is no change in traffic generation as a result of this proposal. The applicant is replacing
the prior building with the same number of rooms as existed previously.
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(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 on the subject property.
(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 that the proposed project is in keeping with the planned development patterns of
the C1-R12 Zoning District.
(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. The existing development includes a
large swath of open land along the property's boundary with the Interstate. No development is
permitted in this overlay district and no development is proposed. The applicant is also proposing
to keep green space along its southern boundary which is shared with the University Mall.
(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 South Burlington Fire Chief has reviewed the plans and provided comments for the proposed
development in letters dated 2/6/12 and 7/12/12.
14. The final plat plans shall be revised to include one (1) additional fire hydrant, the location of
which has been approved by the fire Chief and the Water Department.
(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 Board finds that the proposed project meets these criteria. See above.
(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.
The City Engineer shall review the final plat plans and provide comments prior to approval of the
final plat application.
The Board accepts the proposed plans as showing safe and appropriate pedestrian access.
15. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(10) The project is consistent with the goals and objectives of the Comprehensive Plan for
the affected district(s).
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The Board finds that the proposed use of this property is 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:
(A) Relationship of the Proposed D3evelopment to the City of South Burlington
Comprehensive Plan.
The Board finds that the proposed use of this property is in conformance with the South Burlington
Comprehensive Plan.
(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.
((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;
(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.
(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.
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(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).
16. The Board grants the placement of four (4) handicapped parking spaces in front of the
building as shown on the plans.
(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 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.
9. 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.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
As noted pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(C)(1) 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.
(C)(2)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 the proposed development and elevations meet these standards.
In addition to the above general review standards, site plan applications shall meet the followinq
specific standards as set forth in Section 14.07 of the Land Development Regulations:
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(A) 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.
See above under Subdivision criteria.
(B) 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.
(C) 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.
(D) 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.
The City Arborist has reviewed the initial landscaping plans submitted, with comments included in
the letter submitted by the Director of Public Works.
17. The applicant shall submit additional information, with the final plat submittal, regarding the
landscaping in the interior of the proposed parking area, to ensure that the requirements in
Section 13.06(B) of the Land Development Regulations are being met. No expanse of
parking shall include more than 20 parking spaces without being broken up by
landscaped islands.
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
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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.
18. All lighting shall be shielded and downcasting.
Other
The applicant has submitted plans detailing the existing conditions, and the site plan for
proposed changes. Some of the information related to existing conditions is carried onto the
plan for proposed development. This makes it very confusing to understand what is existing and
what is proposed, and is not at all necessary on the proposed plan. The proposed plan should
reflect the concluding proposal of the application. Existing conditions should be removed from
the site plan.
19. The site plan shall be revised to reflect only those items proposed. Current conditions
which are to change should be removed from the site plan.
DECISION
Motion by Bill Stuono, seconded by Michael Sirotkin, to approve Preliminary Plat Application
#SD-11-50 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 applicant shall obtain preliminary wastewater allocation prior to final plat approval and
final wastewater allocation prior to issuance of a zoning permit.
4. 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.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
6. 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.
7. The City Engineer shall review the plans prior to final plat approval.
10. The Board grants the applicant's request for a 22.6% parking waiver representing a 77
space shortfall for a total of 263 spaces provided.
11. The applicant shall address the concerns of the South Burlington Fire Chief per letters dated
2/6/12 and 7/12/12. Other specifications including sprinkler systems, alarm systems, and lock
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boxes must be met to the Fire Chiefs satisfaction prior to issuance of a Certificate of
Occupancy.
12. The final plat plans shall be revised to include one (1) additional fire hydrant, the location of
which has been approved by the fire Chief and the Water Department.
13. The applicant shall provide additional detail for the "raised, mountable island" as part of its final
plat application.
14. The final plat plan shall be revised to include the correct parking calculations.
15. The Board grants the placement of four (4) handicapped parking spaces in front of the building
as shown on the plans.
16. 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.
17. The applicant shall submit construction costs, landscaping plan, and itemized budget (including
any requested credits) as part of the final plat application.
18. All lighting shall be shielded and downcasting.
19. The plat plans shall be revised to show the changes below prior to final plat submission:
a. Where necessary, the plans shall be revised based on the comments of the City
Engineer
b. Where necessary, the plans shall be revised based on the comments of the Fire Chief
C. Where necessary, the plans shall be revised based on the comments of the City Arborist.
d. The plans shall be revised to indicate the proposed front yard coverage for the portion of
the site to be redeveloped the Board with its Final Plat submission.
e. The applicant shall submit additional information, regarding the landscaping in the interior
of the proposed parking area, to ensure that the requirements in Section 13.06(B) of the
Land Development Regulations are being met. No expanse of parking shall include more
than 20 parking spaces without being broken up by landscaped islands.
f. The site plan shall be revised to reflect only those site modifications proposed. Current
conditions which are to change shall be removed from the site plan.
20. The final plat application shall be submitted within 12 months of the date of this decision.
Tim Barritt— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Roger Farley — 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
G�
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Motion carried by a vote of 6 — 0 — 0
Signed this 13th day of August 2012, by
Digitally signed by Mark C. Behr
Mark C BehrDN:cn=MarkC.Behr, o,c
email=mark@rhbpc.com,=US
Date: 2012.08.13 16:01:34-04'00'
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://vermont*udiciary.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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