HomeMy WebLinkAboutSD-04-50 - Decision - 0155 Dorset StreetCITY of SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
UNIVERSITY MALL REALTY TRUST — ELIMINATE CONDITION #11
FINAL PLAT APPLICATION #SD-04-50
FINDINGS OF FACT AND DECISION
University Mall Realty Trust, hereafter referred to as the applicant, is requesting
final plat approval #SD-03-70 to expand the shopping center by 1884 sq ft GLA
at 155 Dorset Street. The applicant is requesting the Development Review
Board eliminate condition #11 which requires a mutual access easement to the
property to the north (University Inn). The South Burlington Development Review
Board held public hearings on this application on August 3 and September 7,
September 28, October 5, October 19, and November 9, 2004. George Khouri
represented the applicant.
Based on testimony provided at the above mentioned public hearings and the
plans and supporting materials contained in the document file for the application,
the Development Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat approval #SD-03-70 to expand the
shopping center by 1884 sq ft GLA at 155 Dorset Street. The applicant is
requesting the Development Review Board eliminate condition #11 which
requires a mutual access easement to the property to the north (University Inn).
2. The property is located at 155 Dorset Street and lies within the C1 District.
3. The owner of record of this property is University Mall Realty Trust.
4. The final plat application was submitted on 6/25/04.
5. The final plat application included the following documents:
a) Letter dated June 22, 2004 to the Development Review Board from
Peter Waning of Finard & Company.
b) Attachment A which is a lease agreement between Finard & Co
and John Larkin dated 9/9/97.
c) Attachment B which include excerpts from University Mall Leases
with major tenants.
d) Attachment C which includes the Planning Commission decision for
the Sears store approval on 4/28/98.
e) Attachment D which is a study of a northern connection to
Unversity Inn prepared by Summit Engineering dated 6/2/04.
6. The plan submitted consists of a plan entitled "Overall Site Plan University
Mall 155 Dorset Street South Burlington", prepared by Summit Engineering, Inc.,
dated 4/28/04.
7. On April 28, 1998, the adjacent University Inn was issued a permit that
included a condition requiring construction of a vehicular connector between the
Inn and the Mall at such time as there was any modification of the Final Plat
approval for the Mall. A Notice of Conditions including this condition was filed in
the land records as a requirement of the Inn approval.
8. The University Mall Realty Trust next came in front of the Development
Review Board for final plat approval on November 4, 2003 for site design
changes for the Kohl's Department Store. Condition #11 of that approval reads
as follows:
The applicant shall provide a mutual access easement to the property owner to
the north (University Inn) approved by the City Attorney, to facilitate the
construction of driveway and pedestrian connections between the two (2)
properties, as depicted on the plans recorded in the South Burlington Land
Records in Book 450, Page 83, within six (6) months of recording the final plat
plan. This driveway and pedestrian connection shall be constructed by the
applicant within one (1) year of the date of the exchange of legal documents
facilitating this access connection.
9. This condition was imposed pursuant to Section 13.01(F) of the Land
Development Regulations which reads in part as follows, "All commercial
lots...... located adjacent to other commercial lots must provide a driveway
connection to any adjacent commercial lot". [emphasis added]
10. Along with the application for the Development Review Board meeting on
August 3, 2004, the applicant submitted a traffic study which suggested that
completion of the connector, which was contemplated in the University Inn permit
and the Kohl's (11/2003) permit, would lead to deteriorating conditions at the
Mall's entrance on Dorset Street. The board felt the assumptions in the traffic
study were dubious, and asked Dufresne -Henry's traffic engineering consultant
to evaluate the study.
11. The City's traffic consultant, Thaddeus Luther of Dufresne -Henry, reviewed
the applicant's study. He submitted a report dated August 23, 2004. Nothing in
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this report suggests that there should be no vehicular access connection
between the Mall and the University Inn. It appears that the assumptions in the
report are not consistent with standard traffic evaluation and paint a "worst case"
picture for construction of the connector. The board is comfortable with the
conclusions of the Dufresne -Henry evaluation.
12. It should be noted that despite the suggestion in the Dufresne -Henry report
of moving the proposed connector west to make a four-way intersection, this is
not before the Development Review Board at this time. The only issue to be
decided is whether to eliminate condition #11 of the November 4, 2003 decision.
13. The applicant had the right and opportunity to appeal the previous decision
(#SD-03-70) if condition #11 was unsatisfactory. They chose not to appeal. A
relevant question to be asked is whether new information has come to light that
was not or could not have been available as part of the review for #SD-03-70.
The report entitled, "Study of a Northern Connection to University Mall" dated
6/2/04 prepared by the applicant for this application could have been prepared
for the previous application.
14. The applicant has submitted a letter dated August 23, 2004 from Summit
Engineering, Inc. This letter proposes a pedestrian link to the University Inn
property in place of a vehicular access. The board supports a pedestrian
connection, but only if it is built in addition to the requested vehicular access.
15. The applicant has also submitted a response to the City's traffic consultant's
report of August 23, 2004. This response is dated September 1, 2004 from
Summit Engineering, Inc.
DECISION
Motion by iA AXK boix C t1 ��, seconded by &A tO OW It, 6 /__,
to approve Final Plat Application #SD-04-50 of University Mall Realty Tru t.
Chuck Bolton - ye n abstain/not present
Mark Boucher - yea na abstain/not present
John Dinklage - yea na /abstain/not present
Roger Farley - yea a abstain/not present _
Michele Kupersmith - yea/nay/abstainnot present
Larry Kupferman - yea a abstain/not presen
Gayle Quimby - yea na abstain/not present
Motion Failed by a vote of D - (l - D .
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Signed this day of January, 2005 by
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 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).
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