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HomeMy WebLinkAboutSD-05-67 - Decision - 0155 Dorset StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY MALL REALTY TRUST - PLANNED UNIT DEVELOPMENT 155 DORSET STREET FINAL PLAT APPLICATION #SD-05-67 FINDINGS OF FACT AND DECISION University Mall Realty Trust, hereafter referred to as the applicant, is seeking final plat approval to amend a previously approved planned unit development consisting of 675,115 sq. ft. GFA shopping center complex with 614,338 sq. ft. of GLA. The amendment consists of: 1) razing an existing single family dwelling, and 2) constructing a 2,624 sq. ft. retail store, 155 Dorset Street. The Development Review Board held a public hearing on August 16, 2005. 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 final plat approval to amend a previously approved planned unit development consisting of 675,115 sq. ft. GFA shopping center complex with 614,338 sq. ft. of GLA. The amendment consists of: 1) razing an existing single family dwelling, and 2) constructing a 2,624 sq. ft. retail store, 155 Dorset Street. 2. The owner of record of the subject property is University Mall Realty Trust, 3. The subject property is located in the Commercial 1 (C1) Zoning District. 4. The preliminary plat for this property was approved on May 20, 2005. 5. The plans submitted consist of a seven (7) page set of plans, page one (1) entitled, "Overall Plan University Mall Vitamin Shoppe 155 Dorset Street South Burlington, Vermont", prepared by Summit Engineering, Inc., dated 6/30/05, last revised on 7/20/05. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 9. Dimensional Requirements C9 Zoning District Min. Lot Size Required 4,000 S.F. Proposed 51.76 acres Max. Building Coverage Max. Overall Coverage 40% 70% 30% 69% ♦ Front Setback 30 ft. 15 ft. _ Side Setback 10 ft. ft__ Rear Setback 30 ft. _>10 >30 ft. ♦ Front Yard Coverage 30% 40.2% Max. Building Height <35 ft. ±25 ft. i zoning compliance ♦ waiver required Front Yard Coverage The existing front yard coverage is 36.4%, which is a pre-existing nonconformance. The proposed project would increase the front yard coverage to 40.2%. This topic was discussed at the preliminary plat hearing on May 17, 2005, with the Development Review Board approving the 40.2% coverage. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs shall comply with the following standards and conditions. - (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The South Burlington Water Department has reviewed the plans and submitted comments in a letter dated July 8, 2005. The South Burlington City Engineer has reviewed the plans and submitted comments in a memo dated August 4, 2005. (b) 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 -1)- shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed project will not result in any changes to the access or circulation patterns in the University Mall planned unit development. (d) 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. This criterion is not applicable to the proposed project. (e) 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 building appears to be compatible with existing development in the University Mall planned unit development. The applicant has submitted visual simulations of the proposed building. (t) 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 criterion is not applicable to the proposed project. (g) 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 reviewed the plans for the proposed project and provided comments in a letter dated May 12, 2005. The Fire Chief has reviewed the applicant's request that they not be subject to sprinklers for the building. In response, the Fire Chief has agreed that the building be subject to the sprinklering standards of the Division of Fire Safety. (h) 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. This requirement is being met though the proposed project. -3- (i) 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 applicant submitted exterior lighting details (cut -sheets) for the proposed project . The wall -packs included on the cut -sheet are forward -throwing lights. These are not acceptable lighting fixtures, pursuant to Section 13.07 and Appendix D of the South Burlington Land Development Regulations. Appropriate fixtures shall be downcast and shielded. No additional pole -lighting has been proposed as a part of this application. (j) 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. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations any PUD shall require site plan approval. 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 seems to accomplish a desirable transition from structure to site and from structure to structure. The project also provides for safe pedestrian access on the site. Section 13.01 of the South Burlington Land Development Regulations indicates that the proposed project will require 5.5 parking spaces per 1,000 square feet of GLA. Therefore, the required parking for the proposed project would be 3,404 spaces (618,846/1,000 x 5.51). The applicant will be removing twelve (12) parking spaces in one location, but adding fourteen (14) parking spaces in another location. Therefore, there will be a net gain of two (2) parking spaces on the planned unit development. A total of 3,127 parking spaces are being provided, including 49 handicapped parking spaces. This represents a 277-space, or 8.1 %, shortfall. Section 13.01(N)(2) of the South Burlington Land Development Regulations allows the Development Review Board to grant up to a 25% parking waiver The plans depict a bicycle rack. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. -4- The parking spaces proposed to serve this project are part of the overall University Mall planned unit development and were existent prior to the application for this project. (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 proposed building appears to be of a compatible scale to others within the University Mall planned unit development. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. It has already been noted that new utility lines must 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 a visual simulation of the proposed building and the above - mentioned criteria have been met. (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. Again, the applicant has submitted a visual simulation of the proposed building. The above - mentioned criteria have been met. 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 proposed project will not alter the existing access and circulation. - 5 - (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 indicated that new utility lines must 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 depict the proposed dumpster enclosure. (d) Landscaping and Screening Requirements. Pursuant to Section 13.06 of the Land Development Regulations, the proposed project will require a minimum of $9,550 of additional landscaping. The applicant is proposing $9,500 of additional landscaping, which is sufficient. In addition, the applicant submitted an adequate landscaping plan (sheet P1) and budget, both of which were prepared by a landscape professional. / DECISION Motion by�seconded by to approve Final Plat Application #S -05-67 of University Mail Realty Trust suoJect 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. Four (4) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. The plans shall be revised to comply with the comments of the South Burlington City Engineer as dated in his memorandum dated August 4, 2005. 4. The applicant shall comply with the requests of the South Burlington Fire Chief, as outlined in his letter dated May 12, 2005. 5. The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated August 4, 2005. -6- 6. The applicant shall comply with the requests of the South Burlington Water Department as dated in a letter from Jay Nadeau dated July 8, 2005. 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. The applicant shall submit, prior to permit issuance, revised exterior lighting details (cut -sheets) clearly indicating that the proposed lighting fixtures are shielded and downcasting, in compliance with Section 13.07 of the South Burlington Land Development Regulations. 9. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 10. The Development Review Board grants the applicant a 277-space, 8.1 %, parking waiver, resulting in a total of 3,127 parking spaces on the subject property. 11. Prior to the issuance of a zoning permit, the applicant shall post a $9550 landscape bond. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 12. The actual signage is riot approved through this application. The applicant shall obtain sign permits, from the Administrative Officer, for any alterations to the existing signs. 13. Any changes to the final plat plan shall require approval of the South Burlington. Development Review Board. 14. The final plat plan (sheets S1 & S2) 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/ of resen Chuck Bolton - e nay/abstain/not present John Dinklage -Vna nay/abstain/not present Roger Farley - /abstain/not present Larry Kupferman - e nay/abstain/not present Gayle Quimby -&e nay/abstain/not present Motion carried by a vote of S - O- 0 Signed this r day of August 2005, by -7- John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 70 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). - 8 -