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HomeMy WebLinkAboutSD-05-36 - Decision - 0155 Dorset StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING UNIVERSITY MALL - PLANNED UNIT DEVELOPMENT PRELMINARY PLAT APPLICATION ##SD-05-36 FINDINGS of FACT AND DECISION University Mall Realty Trust, hereafter referred to as the applicant, is seeking preliminary plat approval to amend a previously approved planned unit development consisting of a 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 May 17, 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 The applicant is seeking preliminary plat approval to amend a previously approved planned unit development consisting of a 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 subject property is located in the Commercial 1 (Cl) Zoning District. 3. The owner of record of the subject property is the University Mall Realty Trust. 4. The plans submitted consist of a six (6) 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 4/12/05. _1_ ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements F_ C1 Zoning District ] Required P oposed Min. Lot Size Max. Building Coverage 4,000 S.F. 40% 51.76 acres _30% �! Max. Overall Coverage e Front Setback _ _ Side Setback 70% 30 ft. 10 ft. _ 69.1 %_ 15 ft. >' loft . Rear Setback ♦ Front Yard Coverage Max. Building Height 30 ft. 30 <35�Y;(.±25 >30 ft. 40.L% t zoning compliance ♦ waiver required Front Yard Coverage The existing front yard coverage is 37.7%, which is a pre-existing nonconforr'nance. The proposed project would increase the front yard coverage to 40.2%. A waiver is required to increase front yard coverage to 40.2 %. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlinqton Land Developmen__t_Requlatioris, PU_Ds 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 shall review and comment on the plans, prior to final plat approval. The applicant shall obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juii Beth Hinds, prior to submittal of the final plat application. The South Burlington City Engineer shall review and comment on the plans, prior to final plat approval. (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 shall meet the standards set forth in Section 16.04 of the South Burlington Land -2- 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 detrimental 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 ®pen 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 planncd 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) ®pen 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. (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. (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. -3- The applicant submitted exterior lighting details (cut -sheets) for the proposed project. However, it is unclear whether or not the proposed fixtures are downshielded, cut-off fixtures. (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 AO) of the South Burlington Land Development RecLulations, 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 5.5). 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 entire planned unit development. A total of 3,12.7 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 last approval for the Kohl's addition included a 268 space, or 7.9%, waiver. The applicant is proposing 5.07 spaces per 1,000 square feet GLA. The Urban Land Institute recommends 5 spaces per 1,000 square feet GLA, while the International Council of Shopping Centers recommends 4.8 spaces per 1,000 square feet GLA. The plans depict a bicycle rack. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 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 Mail 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. (� 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 and the above -mentioned criteria have been met. Site plan applications shall meet the following specific standards_ as set forth _i_nSection 14.07 of the South Burl ington_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 sufficient access and internal circulation throughout the University Mall planned unit development. The proposed project will not alter the existing access and circulation. (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. 1672 (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 6AR &A(i� , seconded by vh Lr- Q 141116 to approve Preliminary Plat Application #SD-05-36 of University Mall Realty Trust, subject to the following conditions: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The applicant shall comply with the requests of the South Burlington Fire Chief, as outlined in his letter dated May 12, 2005. 3) The South Burlington Water Department shall review and comment on the plans, prior to final plat approval. 4) The applicant shall obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to submittal of the final plat application. 5) The South Burlington City Engineer shall review and comment on the plans, prior to final plat approval. 6) 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. 7) The applicant shall submit, with the final plat application, revised exterior lighting details (cut -sheets) clearly indicating that the proposed lighting fixtures are downshielded, cut- off fixtures. No Text 8) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 9) 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. 10) The actual signage is not approved through this application. The applicant shall obtain sign permits, from the Administrative Officer, for any alterations to the existing signs. 11) The final plat application shall be submitted within 12 months. Mark Behr — ye / ay/abstain/not present Chuck Bolton — re na /abstain/not present Mark Boucher — y na abstain/not present John Dinklage — nay/abstain/not present Roger Farley — e n /abstain/not present Larry Kupferman — nay/abstain/not present Gayle Quimby -e nay/abstain/not present Motion carried by a vote of & -_L- V Signed thiso2, y day of May 2005, by ZJgohn_D��in�4klage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). Mr!