The URL can be used to link to this page

Home My WebLink AboutSP-13-66 DR-13-06 - Decision - 0166 0150 Dorset Streetr IMP' O ,�.�N southburlington PLANNING & ZONING CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MALONE PROPERTIES, INC-150 & 166 DORSET STREET SITE PLAN APPLICATION #SP-13-66 and DESIGN REVIEW APPLICATION #DR-13-06 FINDINGS OF FACT AND DECISION Site plan application #SP-13-66 of Malone Properties, Inc. to amend a previously approved plan for a 54,480 sq. ft. shopping center, and the accompanying design review application #DR-13-06; the amendment consists of adding two (2) utility cabinets, 150 & 166 Dorset Street. This combined review will serve to satisfy the requirements for both design review in the LDRs and to amend the site plan for the subject property at 150 and 166 Dorset Street. As appropriate and required, the owners of 150 & 166 Dorset Street have consented to and signed on to these applications. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant seeks "after the fact" design and site plan approvals to amend a previously approved site plan for a 54,480 sq. ft. shopping center, in order to make legal two existing electrical utility cabinets behind the 166 Dorset Street building which is adjacent to the adjoining parking lot serving 200 Dorset Street and 59 Garden Street. One replaced a previously existing utility cabinet, and a second one has been added, for an additional 80 sq ft of overall lot coverage on the subject site. One utility cabinet continues to serve 166 Dorset Street; the other will serve 200 Dorset Street and 59 Garden Street. Both will be screened by a total of 17 five foot tall cedar shrubs 2. The applicant is Malone Properties, Inc. on behalf of PUD owners David Arnold and Dorset Square Associates; 3. The owner of record of the property upon which the utility cabinets will be placed is David Arnold. 4. The subject property is located in the Central District 1 Zoning District 5. The application was received on December 10, 2013. 6. The application included a four page set of plans, the cover sheet of which is entitled, "Dorset Square South Burlington, Vermont Proposed Site Plan" plan sheet 1 dated 7-23-98, prepared by O'Leary -Burke Civil Associates, PLC. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com SP_13_66 & DR_13_06_Dorset_150 & 166 Dorset Street Malone Properties, Inc.doc DESIGN REVIEW APPLICATION The subject property is located in Design District 1 of the City Center Design Review Overlay District which is defined as follows: 11.01 (C)(1) Design District 1 - This area is generally located on both sides of Market Street and extends south to San Remo Drive. This area is planned to be the core area of the City Center, with the highest density and greatest mix of uses. It is the intent of this area is to be the main "downtown" for South Burlington, and therefore, should uphold the highest quality of design. Building materials should consist only of natural, indigenous materials (brick or stone) and the buildings themselves should relate directly to the public street. They should be placed upfront on the property line and the main entrance should face the street rather than parking lots. In addition, a pedestrian promenade shall be provided along Market Street in order to promote pedestrian activity and provide cover from inclement weather. Section 11.01(F), Criteria for Approval, states: the Development Review Board shall find that any development or activity specified in Section (D) above shall conform substantially to the following design criteria: 11.02 Site Design for City Center Design Review District A. Landscape and plantings. Significant trees and vegetation should be preserved in its natural state insofar as practicable. Any grade changes should be in keeping with the general appearance of neighboring developed areas. Landscape plantings and amenities shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for screening purposes. In particular, parking areas shall be well screened by berms, plantings, or other screening methods to minimize their visual impact. Planting islands shall be used to break up larger expanses of paved parking areas. B. Integrate special features with the design. Storage areas, machinery and equipment installation, service areas, truck loading areas, garbage and refuse collection areas, utility connections, meters and structures, mailboxes, and similar accessory structures shall be positioned in such a way to minimize visibility from the public street, existing or planned. Such features shall be incorporated within or designed as part of the building on the site, not added as an afterthought. HVAC equipment should not be pad mounted at grade. Utility connections shall be installed underground and utilities shall co -exist to the greatest extent possible. The two proposed/existing utility cabinets are located in a manner consistent with this intent. They are behind a commercial building, adjacent to the private parking lot next door, and screened on three sides (one side must be left accessible for maintenance). If these did not already exist, it would have been worth considering whether the 'open' side of these should instead face to the rear (east), so that these are screened from anywhere visible by the public; or at least to the north, within the subject property. According to the applicant's engineer, the westerly cabinet is 5.6' x 2' and 2.4' high. The concrete base is set back roughly 5' from the edge of the 200 Dorset Street parking lot and roughly 2' from the property line. The easterly utility cabinet is 5.3' x 4.3' and is 5.3' high. It is set back from the edge of the parking lot by 12' and 10' from the property line. These cabinets are both dark green in color, a good choice that is less conspicuous, and blends in well with landscaping/screening. Page 2 SP_13_66 & DR_13_06_Dorset_150 & 166 Dorset Street Malone Properties, Inc.doc The Board finds these criteria satisfied. SITE PLAN REVIEW According to the application, the new utility cabinet added 80 sq ft of new lot coverage to the site. Existing building coverage is at 16%; this does not change, and is well within the otherwise permitted building coverage limitation of 40% in Central District 1. Overall impervious coverage goes from 69.1% to 69.9%; again well within the otherwise permitted limits of 90% as indicated in the LDRs. The value of the new plantings around the utility cabinets is $500. The applicant will be required to post a bond in that amount prior to the issuance of the permit. Section 13.18, Utility Cabinets and Similar Structures, also applies here. B. Specific Standards for Utility Cabinets and Similar Structures. (1) The facility shall serve the City of South Burlington and/or immediately adjacent communities. (2) The minimum required lot for a public utility cabinet, substation, or communication relay station may be reduced from the zoning district requirements, at the discretion of the Development Review Board. In the event that the facility shall be erected on property not owned by the utility, the Development Review Board shall require that the facility be located unobtrusively. (3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility. (4) There shall be sufficient landscaping with evergreens of sufficient height and density to screen effectively the facility from surrounding property. Landscaping may allow for the use of any doors so long as the door -side of the units are not visible from an existing or planned public street. (5) There shall be adequate off-street parking for maintenance, service, or other vehicles. (6) The location of the facility shall be shown on all relevant site plans. (7) The Development Review Board may attach conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Utility cabinets shall be located a minimum of five (5) feet from all existing or planned public roads or rights -of -way. (8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration shall not be permitted in any district. The Board finds these criteria satisfied. In addition, if any nuisance due to smoke, gas, heat, odor, noise, or vibration were to develop, then the applicant/landowner shall remedy that nuisance promptly. DECISION Motion by Bill Miller, seconded by David Parsons, to approve site plan application #SP-13-66 and design review application #DR-13-06 of Malone Properties, Inc., subject to the following conditions: Page 3 SP_13 66 & DR_13_06_Dorset_150 & 166 Dorset Street Malone Properties, lnc.doc 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to permit issuance, the applicant shall post a $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. 3. If any activity results in smoke, gas, heat, odor, noise, vibration or other effects which exceed the performance standards of the LDRs, , then the applicant/landowner shall remedy that activity promptly. 4. Any subsequent changes to the approved site plan that deviate in a manner described in Section 15.07(D) (3) of the LDRs shall require a subsequent amendment at that time. 4. 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. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the new utility cabinets. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Michael Sirotkin — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present Jennifer Smith -- yea nay abstain not present David Parsons -- yea nay abstain not present Motion carried by a vote of 5 — 1 — 1 Signed this E� ,f day of ��{� '� � v1 2014, by Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/defauIt.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. Page 4