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HomeMy WebLinkAboutSD-08-51 - Decision - 0055 Dorset Street#SD-08-51 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHITTENDEN BANK - 55 DORSET STREET FINAL PLAT APPLICATION #SD-08-51 FINDINGS OF FACT AND DECISION Chittenden Corp., hereafter referred to as the applicant, is requesting final plat approval to amend a previously approved planned unit development consisting of a 704,655 sq. ft. GFA shopping center complex with 618,846 sq. ft. of GLA. The amendment consists of: 1) razing a 3310 sq. ft. drive-in bank, 2) constructing a 4638 sq. ft. GLA drive-in bank, and 3) installing a 1330 sq. ft. temporary drive-in bank, 55 & 155 Dorset Street. The application was originally approved at the December 11, 2007 meeting (minutes attached). The new application reduces the size of the proposed building footprint over both the existing bank and the approved bank. The Development Review Board held a public hearing on Tuesday, November 4, 2008. Sheila McIntyre represented the applicant. Based on testimony provided at the above mentioned public hearing, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting final plat approval to amend a previously approved planned unit development consisting of a 704,655 sq. ft. GFA shopping center complex with 618,846 sq. ft. of GLA. The amendment consists of: 1) razing a 3310 sq. ft. drive-in bank, 2) constructing a 4638 sq. ft. GLA drive-in bank, and 3) installing a 1330 sq. ft. temporary drive-in bank, 55 & 155 Dorset Street. 2. The application was originally approved at the December 11, 2007 meeting. The new application reduces the size of the proposed building footprint over both the existing bank and the approved bank. 3. The subject property is located in the Commercial 1 Zoning District. 4. The owner of record of the subject property is University Mall, LLC. 5. The plans submitted consist of a nine (9) page set of plans, page one (1) entitled, "Overall Plan Chittenden Bank University Mall 155 Dorset Street South Burlington, Vermont", prepared by Summit Engineering, Inc., dated 11/13/07, last revised 9/24/08. - 1 - #SD-08-51 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements C1 Zoning District Required Existing Proposed �l Min. Lot Size 4,000 S.F. 51.76 acres 51.76 acres Max. Building Coverage 40% 31.3% 31.3% + Max. Overall Coverage 70% 74.8% 74.8% Front Setback 50 ft. Approx 42 ft 60 ft. Side Setback 10 ft. >10 ft. >10 ft. �l Rear Setback 30 ft. >30 ft >30 ft. �l Front Yard Coverage 30% 34.1 % 29.5% �l Max. Building Height 40 ft. 30.8'. �l zoning compliance 4 pre-existing non-compliance; not made worse by this application PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. Prior to final plat approval, the applicant must obtain final water allocation approval from the South Burlington Water Department. The South Burlington Water Department reviewed an early set of plans and provided comments in a letter dated November 7, 2007. Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. 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. -2- #SD-08-51 The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Access to the property is proposed via an existing curb cut off of Dorset Street. There are no changes proposed to this curb cut. The applicant is proposing a change in vehicle circulation on the site. Specifically, vehicles will now be permitted to enter and proceed straight to the parking lot. The new circulation is acceptable. There are no changes proposed to the egress from the site. Two exit lanes remain. Traffic The Board has determined that the most appropriate variable to use to project additional traffic generation is the drive-in lane variable. ITE estimates that adding one (1) additional drive lane will generate 51.08 additional vehicle trip ends. 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. There are no wetlands, streams, wildlife habitat, or unique natural features on the site. 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 proposed use (drive -through bank) is a permitted use in the C1 Zoning District. The project is in compliance with the uses and goals specified in the Comprehensive Plan. 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. There is very little open space on this site as it is covered by 74% with impervious surfaces. The green spaces that are provided are contiguous and exist mainly along Dorset Street. The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided. The South Burlington Fire Chief has reviewed the plans and provided comments in a letter dated January 8, 2008. No changes to the plan are required. -3- #SD-08-51 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 properties. This criterion is met through the proposed project. 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 has reviewed the plans and provided comments in a memo dated November 29, 2007. One of the issues of concern is the walkway to the adjoining parking lot for the mall. The walkway enters the bank parking lot and dead -ends between 2 parking spaces. 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. The applicant has submitted lighting cut sheets and a point -by -point plan; they are in compliance with the South Burlington Land Development Regulations. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the goals and objectives of the Comprehensive Plan for the C1 Zoning District. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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 proposed project accomplishes a desirable transition from structure to site and from structure to structure. Pedestrian movement is adequate. According to Table 13-1 of the Land Development Regulations, the shopping center (to which the bank is part of the University Mall PUD) requires 5.5 parking spaces per 1,000 SF of GLA. Therefore, the 618,605 SF of GLA shall require a total of 3,403 parking spaces. The applicant is proposing a total of 3155 parking spaces, a shortfall of 248 parking spaces, or 7.5%. Therefore, a 256 parking space, or 7.3% parking waiver is requested. The board supports this waiver. #SD-08-51 (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Most of the proposed parking is located to the rear or side of the proposed building. (c) 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 and scale of the proposed building are compatible with the site and the existing buildings in the area. The height of the building is within the limits for the district. (d) 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. (e) 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 applicant has submitted architectural details of the proposed structure. The Board finds them aesthetically pleasing and in compliance with this criterion. (f) 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 applicant has submitted architectural details of the proposed structure. The Board finds them aesthetically pleasing and in compliance with this criterion. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations. - (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. The Board does not support a vehicular connection to the surrounding property. There is a pedestrian connection, via wooden stairs, to the south. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall -5- #SD-08-51 be located so as to have a harmonious relation to neighboring properties and to the site. It has already been stated that 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 an enclosed dumpster on the southwesterly corner of the property. (d) Landscaping and Screening Requirements Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the Land Development Regulations. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. The applicant has prepared a sufficient landscaping budget. The South Burlington City Arborist has reviewed the plans and stated that the plans are acceptable. However, the Tree and Shrub Planting Details and Specifications include a note to remove the wire from the visible root ball. This should instead be cut back to the top third or removed completely. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area must be specified and located in an area that will minimize the potential for run-off. The plans do not depict any snow storage areas. As part of a recent application involving another portion of the PUD, the applicant was required to show snow storage areas as a condition of approval. Other- Drive -Thu Facility Per Section 5.01 of the SBLDR, all applications for a drive -through facility shall be subject to conditional use review and the following restrictions: (a) Compliance with Traffic Overlay District Provisions, if applicable; The proposed project falls outside of the traffic overlay district. (b) Compliance with an approved access management plan, providing for curb cut consolidation and secondary access; The access management plan appears sufficient with respect to curb cuts. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. i+M3 #SD-08-51 The applicant had submitted comments from their engineer addressing this criterion. There are no changes in the number of vehicles which may be queued in the lanes. The available length is shortened, but an additional aisle is added. Again, the proposal shall be evaluated for conditional use review: a. the capacity of municipal or educational facilities The Board does not feel that this project will adversely impact this criterion b. the planned character of the neighborhood The Board does not feel that this project will adversely impact this criterion c. traffic on roadways and highways in the vicinity As previously noted, this proposal is projected to generate an increase in the vte's of the lot; however this will not have a net adverse effect. d. bylaws in effect This proposal is in compliance with the bylaws. e. utilization of renewable energy resources The Board does not feel that this project will adversely impact this criterion Other- Temporary Bank Trailer The applicant is proposing to temporarily locate a trailer on the University Mall site during the demolition and construction phase of the new building. The trailer is proposed to be located just south of the center entrance drive, in an existing parking lot. The trailer will be 24 x 60 ft and will include a walk-in entrance and drive -up window. The temporary trailer is proposed to be served by municipal water and sewer from within the Mall site and the trailer will temporarily occupy 29 parking spaces during construction. When the new bank is completed, the trailer will be removed and the site restored to its previous condition. The applicant is proposing a timeline of one year. The Board supports the location and duration of the proposed trailer, but advocates that it not be utilized until after January 1, 2009 and removed no later than May 1, 2010. DECISION Motion by y �-�C �fl %1? /✓� seconded by to approve Final lat Application #SD-08-51 of Chittenden Bank, 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 plans shall be revised to show the changes 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. 7- #SD-08-51 a. The plans shall be revised to adhere to the stipulations of the City Arborist: the burlap, rope, and wire which surrounds the root ball shall be cut back by the top third or removed completely. The planting specifications shall be revised to indicate this change. 4. The applicant shall adhere to the comments of the City Engineer's comments as outlined in a memo dated November 29, 2007, with the exception of comment #1. 5. The applicant shall adhere to the comments of the South Burlington Water Department as per the letter dated October 12, 2007 with the exception of item #7 and the letter dated November 7, 2007. 6. The applicant shall obtain final wastewater allocation approval from the Director of Planning and Zoning prior to permit issuance. 7. 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. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9. The Board grants a parking waiver of 248 spaces, or 7.3%. 10. The temporary trailer shall be removed by May 1, 2010. 11. The Board grants an additional, temporary, parking waiver of 29 parking spaces. 12. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this project will generate 51.08 vehicle trip ends during the p.m. peak hour. 13. The applicant shall post an $18,500 landscaping bond prior to permit issuance. 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. 14. Any new exterior lighting shall consist of downcasting fixtures. Any change to the approved lights shall require approval by the Administrative Officer prior to installation. 15. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 16. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 17. The mylar shall be recorded prior to zoning permit issuance. #SD-08-51 18. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 19. The final plat plan (sheet S3) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Mark Behr—'yea/nay/abstain/not present Matthew Birmingh—,yea/hay/abstain/not present John Dinklage — ay/abstain/not present Roger Farley — e ay/abstain/not present Eric Knudsen — ea ay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby —Cyeay/abstain/not present Motion carried by a vote of Signed this day of 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;