HomeMy WebLinkAboutSD-05-11 - Decision - 0155 Dorset StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
UNIVERSITY MALL REALTY TRUST
FINAL PLAT APPLICATION #SD-05-11
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 a
675,115 square -foot GFA shopping center complex with 614,338 square feet of GLA.
The amendment consists of relocating an access connection to the property to the north
(University Inn), 155 Dorset Street. The South Burlington Development Review Board
held a public hearing on March 15, 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 final plat approval to amend a previously approved
planned unit development consisting of a 675,115 square -foot GFA shopping
center complex with 614,338 square feet of GLA. The amendment consists of
relocating an access connection to the property to the north (University Inn), 155
Dorset Street.
2. The owner of record of the subject property is the University Mall Realty Trust.
3. The subject property is located in the Commercial 1 (Cl) Zoning District.
4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Site Plan University Mall North Access Road 155 Dorset Street South
Burlington, Vermont", prepared by Summit Engineering, Inc., dated 1/6/05
5. The University Mall Realty Trust came in front of the Development Review Board
on July 29, 2004 for reconsideration of a condition associated with the Kohl's
final plat approval that required a mutual access between the subject property
and the University Inn property. The Development Review Board decided that
although it was in favor of requiring an access, the location that was originally -
determined could be altered.
6. After numerous meetings between the applicant, staff, and each party's traffic
consultants, it was determined that the ideal location for this one-way access was
in the northwest corner of the University Mall's property. The plans submitted by
the applicant depict the accurate location of the proposed access.
7. There are no problems with the proposed access. The additional pavement will
have a negligible impact on the property's overall coverage. Two (2) parking
spaces will be eliminated, bringing the total number of parking spaces on the
property to 3,123. The parking loss will have a minimal impact on the property.
DECISION
Motion by L41 UI � 1d1�� seconded by &A az—
to approve Final Ylat Application #SD-05-11 of University Mall Rlealty Trust, subjdct 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 plans submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3) The plat 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 recording:
a) The final plat plan (sheet S1) shall be revised to eliminate the proposed "manual
swing gate" from the proposed access drive.
b) The final plat plan (sheet S2) shall be revised to replace the notes referring to
"150' C.O. District" and "50 C.O. District" with "IHO District".
4) The Board approves a total of 3123 parking spaces which represents a 237 space or
7.9% shortfall.
5) Prior to recording the final plat plans, the applicant shall record a "Notice of
Conditions" approved by the City Attorney which states that the applicant will
construct the access drive and pedestrian link if and when the property owner to the
north provides the applicant with the necessary vehicular and pedestrian access
easements as shown on the plans.
6) The proposed access drive and pedestrian link shall be constructed upon approval of
that portion of the access drive which lies north of the applicant's property on the
adjacent property.
7) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
8) The final plat plan (sheets S1 & S2) shall be recorded in the land records within 90
days or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording.
-2-
Chuck Bolton — yea/nay/abstain/ CoLres—enD
Mark Boucher — ea ay/abstain/not present
John Dinklage — ea ay/abstain/not present
Roger Farley — yea/nay/abstain/ of presen
Michele Kupersmith — ea/nay/abstain not resen
Larry Kupferman _ a ay/abstain/not present
Gayle Quimby — ea ay/abstain/not present
Motion carried by a vote of `r - -
Signed this/day of March, 2005 by
s
Gayl uimby, Clerk
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).
-3-