HomeMy WebLinkAboutSD-96-0000 - Decision - 0155 Dorset StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN S P-
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of University Mall Realty Trust
to amend a previously approved planned unit development consisting
of a 525,100 square foot shopping center and drive -through bank
facility. The amendment consists of the following: 1) construct
a 111,392 square foot GLA addition to the main building, 2)
construct a 990 space multi -level parking structure,and 3) acquire
an 1.7 acre adjoining parcel, raze a single family dwelling and
construct a 15,469 square foot automotive center, University Mall,
155 Dorset Street.
On the 17th day of September, 1996, the South Burlington Planning
Commission approved the preliminary plat application of University
Mall Realty Trust under Section 203 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of amending a previously approved planned
unit development consisting of a 525,100 square foot shopping
center and drive -through bank facility. The amendment consists of
the following: 1) construct a 111,392 square foot GLA addition to
the main building, 2) construct a 990 space multi -level parking
structure, and 3) acquire a 1.7 acre adjoining parcel, raze a
single family dwelling and construct a 15,469 square foot
automotive service center, University Mall. The sketch plan was
reviewed on 2/27/96.
2. This property located at 155 Dorset Street lies within the Cl
and CO Districts. It is bounded on the north by a
motel/restaurant, on the west by I-89, on the east by Dorset Street
and on the south by single family residences.
3. Access/circulation: Access is currently provided by two (2)
signalized curb cuts serving the shopping center and one (1)
signalized curb cut serving the drive -through bank. Applicant is
proposing a right -turn entrance only driveway just north of the
Chittenden Bank. The applicant is attempting to design the drive
so that it will comply with the requirement for a minimum 200 foot
separation from signalized intersections (Section 26.103(d) of the
zoning regulations). There may be a conflict with the overhead
sign on Dorset Street. This drive should be reviewed by the City
Engineer.
4. Section 12.403(b) requires a minimum separation of 400 feet
between entrances to PUD's on either side of a public street. Both
University Mall and 100 Dorset Street are PUD's. The Planning
Commission has the authority to waive the 400 foot separation
requirement between PUD entrances if the Planning Commission finds
that limitations of the site cause unusual hardship.
5. In the parking structure, the furthest parking space from a
stairwell is 190 feet. Several sources recommended no more than
200 feet. The furthest space from an elevator is 328 feet, sources
recommend a maximum of 350 feet.
6. Coverage/setbacks: Building coverage is 29.9% (maximum allowed
is 30%). This percentage does include the parking structure which
should be included in the building coverage calculations. Overall
coverage is 68.7% (maximum allowed is 70%). Front yard coverage
will decrease from 39.5% to 37.5% (maximum allowed is 30%).
Setback requirements are being met.
7. Landscaping: The minimum landscaping requirement, based on
building costs, is $107,500 which is not being met. Proposed
landscaping is $22,510 short of the minimum requirement. Staff
recommended the following: 1) a row of trees along the U-Mall
entrance road in front of the auto service center, 2) larger plant
species throughout the site, in particular, proposed size of
deciduous trees should be increased to a minimum 2J" - 3" caliper,
and 3) a row of trees in the new curbed area along the western
limit of the former Gleason parcel.
8. Parking: A total of 3383 parking spaces are required and 3160
spaces will be provided including 47 handicapped spaces (990 spaces
in the parking structure and 2170 surface spaces). This represents
a 223 space or 6.6% shortfall. Two (2) additional bike racks will
be provided.
9. The City's required parking ratio is 5.5 spaces/1000 square
feet gla. The applicant is proposing 5.2 spaces/1000 square feet
gla. The Urban Land Institute recommends 5.0 spaces/1000 square
feet gla. The International Council of Shopping Centers recommends
4.8 spaces/1000 square feet gla.
10. Sewer: The additional sewer allocation requested is 4798 gpd.
The applicant will be required to pay the per gallon fee prior to
permit.
11. C.O. District: The proposed addition no longer encroaches
into the C.O. District along the I-89 r.o.w. as was the case at
sketch plan review. The existing coverage along the interstate
corridor in the C.O. District will decrease form 47.2% to 45.8%.
12. A portion of the automotive service center will encroach into
the C.O. District wetland buffer area. The Planning Commission may
allow this encroachment under Section 3.503 of the zoning
regulations if the encroachment will not significantly affect
adversely the attributes provided in Section 3.503(a)-(e). The
Natural Resources Committee reviewed this project and opposes the
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encroachment. The applicant has submitted a report addressing
criteria (a)-(e) which indicates that these criteria will not be
adversely affected.
13. Building height: The proposed department store addition will
meet the 35 foot height limitation for a flat roofed structure.
The stairwell and elevator areas for the proposed parking structure
will exceed the 35 foot height limitation by four (4) feet. The
pole lights on the top deck of the parking structure will exceed
the 35 foot height limit by nine (9) feet. The proposed HVAC units
will exceed the 35 foot height limitation by eight (8) feet.
14. The Planning Commission may allow an increase in height up to
45 feet if the Commission determines that a taller structure meets
the following criteria contained in Section 25.113(b)(i) - (iii) of
the zoning regulations:
(i) Will utilize topography and will relate to other existing
and proposed structures so as to be aesthetically compatible
with the neighborhood;
(ii) will not detract from scenic views of adjacent properties
or public streets and walkways; and
(iii) will allow retention of additional green space that will
enhance the appearance of the developed property.
15. The applicant requested a height waiver for the rooftop
apparatus, stairwell towers, and pole lights that will extend above
the 35 foot height limit. The applicant has provided more green
space on the site to comply with Section 25.113(b) (iii) of the
zoning regulations to justify the increased height. The applicant
proposed to increase the square footage of the parking garage in
order to provide more parking spaces, and thereby turn some
existing surface parking into green space. Areas to be converted
to green space include providing more landscaped area along Dorset
Street, more planting islands in the parking area near Coburn and
Feeley, and provide a larger green belt along the interstate.
16. Traffic: The applicant submitted a traffic impact analysis
which assesses the impact of the proposed development on the
following intersections:
o Dorset Street/Williston Road
o Dorset Street/U-Mall north/Corporate Way
o Dorset Street/U-Mall south
o Dorset Street/Kennedy Drive
o I-89 northbound off-ramp/Williston Road east
o Dorset Street/100 Dorset Street/Chittenden Bank
o Dorset Street/Dorset Square driveway
o Patchen Road/Hinesburg Road/Williston Road
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17. The study concluded that good levels of service are available
at the two (2) intersections on Dorset Street where direct access
is provided to University Mall. Acceptable performances were also
noted at the other six (6) intersections that were included in the
traffic impact study.
18. Lighting: Additional exterior lighting will consists of the
following:
--- 12 - 30 foot poles with 2-400 watt metal halide lamps with
downcasting shielded fixtures.
--- four (4) 30 foot poles with 1-400 watt metal halide lamps
with downcasting shielded fixtures.
The proposed pole lights exceed the 20 foot height limitation in
the Performance Standards. Details of any building mounted lights
should be approved by the City Planner prior to permit issuance.
A point by point lighting plan should be submitted for the entire
site.
19. Dumpsters: The dumpster storage area at the automotive
service center will be screened. The applicant should show all
dumpster/compactor storage areas on the property and show how they
will be screened.
20. Other:
--- the survey plats should show the Hedman property as to be
merged with the rest of the U-Mall property.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary plat application of University
Mall Realty Trust to amend a previously approved planned unit
development consisting of a 525,100 square foot shopping center and
drive -through bank facility. The amendment consists of the
following: 1) construct a 111,392 square foot GLA addition to the
main building, 2) construct a 990 space multi -level parking
structure, and 3) acquire an 1.7 acre adjoining parcel, raze a
single family dwelling and construct a 15,469 square foot
automotive center, University Mall, 155 Dorset Street, as depicted
on a 21 page set of plans, sheet 1 of 15 entitled "Overall Site
Plan, Proposed Expansion University Mall, 155 Dorset Street, South
Burlington," prepared by Pinkham Engineering Associates, Inc.,
dated 5/21/96, last revised 8/5/96 with the following
stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
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2. Prior to final plat submittal, the plans shall be revised as
follows:
a) The landscape plans shall be revised to show the following:
(i) a row of trees along the University Mall entrance road
in front of the auto service center.
(ii) a row of trees in the new curbed area along the western
limit of the former Gleason parcel.
(iii) larger plant species throughout the site, in
particular, proposed size of deciduous trees shall be
increased to a minimum 2j" - 3" caliper.
b) Sheets Al - A4 shall be revised to show the new parking and
circulation layout for the parking structure.
c) The plans shall be revised to show all dumps ter/ compactor
storage areas on the property properly screened with the type of
screening noted on the plan.
d) The survey plats shall show the Hedman property merged with
the rest of the University Mall property.
e) The plans shall show proposed location of relocated overhead
signs, or new location of proposed entrance drive, whichever
option is decided upon.
f) Sheet 4 of 15 shall show a new location for any Dorset
Street "Street trees" which may need to be moved in order to
accommodate the new entrance drive.
3. Prior to issuance of a zoning permit, the applicant shall post
a $107,500 landscape bond. The bond shall remain in effect for
three (3) years to assure that the landscaping takes root and has
a good chance of surviving.
4. The Planning Commission grants a sewer allocation of 4798 gpd.
The applicant shall pay the per gallon fee prior to issuance of a
permit.
5. All new exterior lighting shall consist of downcasting shielded
fixtures so as not to cast light beyond the property line. Any
changes in lighting shall be approved by the City Planner prior to
installation.
6. The applicant shall submit a point by point lighting plan for
the entire site with the revised final plat submittal. The
lighting plan shall show that the maximum average lighting levels
shall not exceed three (3) foot candles.
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7. Pursuant to Section 26.256(b) of the zoning regulations, the
Planning Commission approves a total of 3160 parking spaces which
represents a 223 space or 6.6% shortfall. It is the Commission's
opinion based on guidelines published by the Urban Land Institute
and the International Council of Shopping Centers that the proposed
number of spaces will be adequate.
8. Pursuant to Section 3.503 of the zoning regulations, the
Planning Commission allows the encroachment of the automotive
service center with associated parking into the C.O. District
wetland buffer area. It is the Commission's opinion that the
attributes provided in section 3.503(a)-(e) of the zoning
regulations will not be adversely affected.
9. Trees shall be located outside of the relocated sewer main
easement.
10. The sewer main maximum distance between manholes shall be no
more than 300 feet.
11. The water department shall review the water main relocation
prior to final plat.
12. Legal documents for the relocated sewer easement shall be
submitted to the City Attorney for approval and shall be recorded
in the South Burlington land records prior to issuance of a zoning
permit.
13. Pursuant to Section 12.406(a) of the zoning regulations, the
Planning Commission modifies the provisions of Section 12.403(b)
requiring a minimum separation of 400 feet between PUD entrances
due to limitations of the site.
14. Pursuant to Section 25.113(b) of the zoning regulations, the
Commission approves an increase in height for the parking structure
and building addition. For the parking structure,
stairwell/elevator towers shall not exceed thirty-nine (39) feet
and light poles shall not exceed forty-four (44) feet as shown on
sheet A-5. For the building addition, the proposed HVAC units
shall not exceed eight (8) feet in height for a total building
height of forty-three (43) feet. It is the Commission's opinion
that the criteria under Section 25.113(b)(i)-(iii) are being met.
15. Within three (3) months of occupancy of the expanded shopping
center and automotive service center, the applicant shall submit to
the City for review a signal timing/phasing study for all Dorset
Street signals. The applicant shall be responsible for retiming
the signals based on the recommendations of the study and as
approved by the City.
C.
16. For purposes of calculating required road impact fees under
the South Burlington Impact Fee Ordinance, the Planning Commission
estimates that the project will generate 379 additional P.M. peak
hour trip ends.
17. As expressly represented by the applicant, there shall be no
storage or display of tires, batteries or other merchandise outside
of the auto service center building.
18. The revised final plat application shall be submitted within 12
months of the preliminary plat approval.
19. Within fifteen months after the opening of the new north
entrance, the applicant shall file with the Commission a traffic
safety study of the southbound segment of Dorset Street between
Williston Road and the new north entrance of the Mall. The study
shall provide accident data for the one-year period following the
opening of the new north entrance and shall compare that data to
accident data for preceding periods of the same segment, in its
current configuration.
20. The Commission reserves jurisdiction over the project with
respect to traffic safety issues; the Commission shall have the
right to hold additional hearings and to impose additional approval
conditions, including without limitation the right to close the
most northern access to said planned unit development, if it
determines that unsafe conditions have resulted from the project.
21. Upon expiration or termination of the applicant's lease with
Chittenden Bank, or if an opportunity arises upon assignment or
renewal or otherwise of said lease, the applicant shall implement
certain changes in the access to the Chittenden property and U-Mall
property as required by the Commission. Details of these changes
shall be finalized at the final plat hearing. Prior to the final
plat hearing,the applicant shall submit a copy of the lease to the
City for review.
22. Prior to recording the final plat, the applicant shall record
a "Notice of Condition" in the South Burlington Land records
highlighting conditions under 19, 20, and 21.
Chairman or Clerk
South Burlington Planning Commission
4d (ozS .�-
Date
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