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
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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.
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(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.
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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.
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(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.
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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
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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).
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