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HomeMy WebLinkAboutSP-08-75 - Decision - 0155 Dorset Street#SP-08-75 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY MALL, LLC -155 DORSET STREET SITE PLAN APPLICATION #SP-08-75 FINDINGS OF FACT AND DECISION University Mall LLC., hereafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for a 705,000 sq. ft. shopping center. The amendment consists of constructing a new pedestrian entrance, 155 Dorset Street. The Development Review Board held a public hearing on Tuesday, September 2, 2008. Sheila McIntyre 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 1. The applicant is seeking site plan approval to amend a previously approved plan for a 705,000 sq. ft. shopping center. The amendment consists of constructing a new pedestrian entrance, 155 Dorset Street. 2. The owner of record of the subject property is University Mall, LLC. 3. The subject property is located in the Commercial 1 — Residential 12 (C1-R12) Zoning District. 4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "IHOP AT UNIVERSITY MALL South Burlington Vermont" prepared by Civil Engineering Associates, Inc., dated Aug, 2008. #SP-08-75 Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements C1 Zoning District Required ]E--Existing Proposed 4 Min. Lot Size 4,000 S.F. 51.76 acres 51.76 acres 4 Max. Building Coverage 40% 31.3% 31.3% + Max. Overall Coverage 70% 74.8% 74.8% 4 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. + Front Yard Coverage 30% 34.1 % 32.8% 4 Max. Building Height 40 ft. 45ft. n/a zoning compliance 4 non -compliant- see discussion below The subject property is non -compliant with respect to overall coverage. Within the last year, the applicant, via a detailed survey, discovered that the level of impervious surface on the site exceeded the numbers they previously believed to be accurate, and also exceeding the maximum amounts permitted for the district. This application does not seek to expand the non -conformity. However, even if by mistake, staff is concerned about the level of impervious pavement on this site. The only time to reduce this impervious surface and attempt to bring the property into conformity is through subsequent development 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. 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 -2- #S P-08-75 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 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. There are no changes in circulation or traffic management on site. The entirety of the mall is viewed as a shopping center. The change of uses within the building do not change the estimated traffic generation or parking requirements. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Short of demolishing the existing building and rebuilding it along Dorset Street, it is practically impossible to meet this criterion at this time. (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. There are no changes to the height of the building as a result of this application. (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 proposed entrance appears to be compatible with existing development in the University Mall planned unit development. (fl 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. -3- #SP-08-75 The proposed entrance appears to be compatible with existing development in the University Mall planned unit development. 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. There is no need for changes with respect to this criterion. (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. 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). There are no changes to the dumpster facilities as a result of this application. All dumpsters appear to be in compliance. (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. Based on construction costs of $26,700, the applicant shall submit a minimum landscaping budget of $801. The applicant is proposing $1018 worth of new plantings in concrete planters. The applicant is also proposing to relocate or replace the existing 6" Black Locust. 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. Other- Signage The proposed plans include references to signage on the property. All signage shall be subject to the sign ordinance and not the Land Development Regulations. Therefore, it shall not be approved, denied, or otherwise considered as part of this application. #SP-08-75 Any such signage will be subject to the mall's master sign permit. DECISION Motion by `-' ��� Qw.-V 6 seconded byA6qx 6f to approve Site Plan Application #SP-08-75 of University Mall, LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans 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 permit issuance. a. The plans shall be revised to depict adequate snow storage areas or other method of snow removal if it is to be stored off -site. b. The plans shall be revised to indicate the location of the new or replacement 6" Black Locust. 4. The applicant shall either relocate or replace the 6" Black Locust tree in the location shown on the plan. 5. Prior to permit issuance, the applicant shall post a $4400 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. 6. No signs are approved as part of this application. 7. The applicant shall obtain final water and wastewater allocation, prior to permit issuance. 8. 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. 9. 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. 10. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the new pedestrian entrance. - 5 - #SP-08-75 11. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain not present John Dinklage — yea/nay/abstain not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain of re Peter Plumeau — e*nay/abstain/not present Gayle Quimby — nay/abstain/not present Motion carried by a vote of 4-& -v Signed this day of �F'2008, by Mark Behr, Vice 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; finality). -6-