HomeMy WebLinkAboutSD-03-70 - Decision - 0155 Dorset Streetr
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
KOHL'S DEPARTMENT STORES, INC. — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-03-70
FINDINGS of FACT AND DECISION
Kohl's Department Stores, Inc., hereafter referred to as the applicant, is requesting final
plat plan approval for an amendment to an existing Planned Unit Development (PUD)
consisting of a 673,725 square foot GFA shopping center complex. The amendment
consists of expanding the shopping center by 1,884 square feet GLA for a total of
616,222 square feet of GLA, at 155 Dorset Street. The Development Review Board
(DRB) held a public hearing on November 4, 2003. Michael Leo 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 DRB finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat plan approval for an amendment to an existing
Planned Unit Development (PUD) consisting of a 673,725 square foot GFA shopping
center complex. The amendment consists of expanding the shopping center by 1,884
square feet GLA for a total of 616,222 square feet of GLA, at 155 Dorset Street.
2. The owner of record is University Realty Trust, c/o Finard & Co.
3. The subject property contains 51.76 acres and is located in the Commercial 1 (C1)
District.
4. The plans consist of fine (5) sheets and one (1) cover sheet entitled "Kohl's —
University Mall — Dorset Street — South Burlington, VT", prepared by Vanasse, Hangen,
Brustlin, Inc., dated June 20, 2003, last revised on September 15, 2003.
5. The Development Review Board reviewed the sketch plan application on September 2,
2003.
ZONING DISTRICT & DIMENSIONAL. REQUIREMENTS
Table 1. Dimensional Requirements
C1 Zoning District
Required
Existing
Proposed
Min. Lot Size
4,000 S.F.
51.76 acres
51.76 acres
Max. Building Coverage
40%
30%
30%
Max. Overall Coverage
70%
69.3%
69.3%
Front Setback
30 ft.
±690 ft.
±690 ft.
Side Setback
10 ft.
±595 ft.
±595 ft.
Rear Setback
30 ft.
±155 ft.
±155 ft.
Max. Building Height
<35 ft.
±30 ft.
zoning compliance
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 proposed project is utilizing an existing building with a similar use, so the water supply
and wastewater capacity will remain the same.
(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.
This criterion is not applicable to the proposed project, as major construction work will not
be taking place.
(c) The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
The proposed project will be located in an existing PUD and the applicant has not
proposed any alterations to the access points, circulation mechanisms, and/or traffic
management strategies. The applicant has submitted an updated traffic study (coversheet
attached) that indicates an expected increase in six (6) additional peak hour trip ends (3
entering and 3 exiting), which would be an insignificant increase.
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(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 districts) in which it is located
The proposed development appears to be compatible with existing development in the
University Mall PUD. The proposed project will internally increase the size of the existing
"Ames" building, so the -visual impact of this building will not vary significantly from what
is currently there. The applicant has submitted visual simulations of the proposed project.
(n Open space areas on the site have been located in such a way as to maximize
opportunities far 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 plans have been reviewed and approved by Fire Chief Doug Brent.
(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 criterion is not applicable to 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.
Exterior lighting must comply with Section 13.07 of the South Burlington Land
Development Regulations. Also, pursuant to Section 15.13(E) of the South Burlington Land
Development Regulations, any new utility lines shall be underground.
0) The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
In general, the Development Review Board believes that the project is consistent with the
goals and objectives of the Comprehensive Plan.
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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 3,389 spaces (616,222/1,000 x 5.5).
A total of 3,121 parking spaces are being provided, including 49 handicapped parking
spaces. This represents a 268 space, or 7.9%, 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 Sears store addition included a 223
space, or 6.6%, waiver. The applicant is proposing 5.05 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 Development Review Board grants this waiver of 268 parking spaces, or a
shortfall of 7.9%, for a total of 3,121 parking spaces.
(b) Parking shall be located to the rear or sides of bidldit;gs to the greatest extent
practicable.
Parking for the proposed project is located on both the side and front of the building. These
parking spaces are part of the overall University Mall PUD 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 similar scale to others within the University Mall
PUD.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extentfeasible, be underground.
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The Development Review Board has already 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 buildings and the
Development Review Board feels the above -mentioned criteria have been met.
(n 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 buildings and the
Development Review Board feels 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 Development Review Board should consider requiring access from this property to the
University Inn property to the north. On February 1, 2000, the Development Review Board,
as a condition of approval for the construction of a 71 room addition, required the property
owner to the north to record a "Notice of Condition" (enclosed) requiring the applicant to
grant an easement to the University Mall property if and when the owner of the University
Mall property grants a reciprocal access easement. If the Development Review Board
wishes for this connection to be Trade, it should do so as a condition of this approval.
(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 -
The Development Review Board has already 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 indicate that a dumpster and compactor are located in the rear of the building, and
the facility is screened with an 8' fence.
(d) La-idscapang and Screeaaing Requirements.
Any dumpsters and utility cabinets on the site must be screened to the approval of the
Development Review Board. According to the plans, the proposed project will not include
any additional utility cabinets and the dumpster is sufficiently screened.
Sheet C-3 of the plans revised on September 15, 2003 is a detailed landscaping plan for the
proposed project.
According to Section 13.06 of the South Burlington Land Development Regulations, the
proposed project will require $26,650 worth of landscaping. The applicant is proposing to
plant $14,474 of new landscaping. The applicant has requested a landscape credit for
$1.2,176 of existing landscaping. The applicant's landscape budget provides a cost
breakdown of the proposed landscaping and the existing landscaping.
No parking spaces are being added through the proposed project, so the applicant will not
have to increase the internal landscaping within the parking lots on the site. Also, snow
storage on the site is adequate, so the applicant will not have to provide any additional snow
storage. however, in the past there have been some issues with snow removal equipment
being parked along the Dorset Street frontage. This really detracts from the aesthetics along
Dorset Street, so the snow removal equipment used on the property shall be parked behind
the building.
DECISION
Motion by Gayle Quimby, seconded by Mark Boucher, to approve Final Plat Application
#SD-03-70, subject 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, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. Exterior lighting must comply with Section 13.07 of the South Burlington Land
Development Regulations. Any new exterior lighting shall consist of downcasting fixtures. .
Any changes to approved lighting shall require approval of the Director of Planning and
Zoning prior to installation. Prior to permit issuance, the applicant shall submit exterior
C.
lighting details (curt -sheets) for all existing lights.
4. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
5. The snow removal equipment used on the property shall be parked behind the building.
6. The Development Review Board approves a parking waiver of 268 parking spaces, or a
shortfall of 7.9%, for a total of 3,121 parking spaces.
7. All dumpsters and solid waste facilities shall be accessible, secure, and screened to the
satisfaction of the Development Review Board.
8. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any utility cabinets on the site shall be effectively screened to the approval of the
Development Review Board.
9. The Development Review Board approves a landscape credit of $12,176. This shortfall
shall be included in the University Mall's next application
10. The applicant shall post a $26,650 landscape bond prior to the issuance of the first
zoning permit. 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.
11. 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.
12. Any changes to the final plat plans shall require approval of the South. Burlington
Development Review Board.
13. The final plat plans (sheets C-2 and SV-1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Board Chair or
Clerk prior to recording.
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A
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - ya/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 7-0-0.
Signed this U day of November, 2003, by
John Dinklage, Chair
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