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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. K (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. 3 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. 4 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. 7 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 0