HomeMy WebLinkAboutAD-93-0000 - Decision - 0155 Dorset Street (2)FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of University Mall Realty Trust
for: 1) boundary line adjustment involving two (2) existing
parcels of 46.01 acres (U-Mall) and 7.73 acres (Howard Johnson's)
which will result in two (2) new parcels of 49.32 acres (U-Mall)
and 4.42 acres (Howard Johnson's), 2) construction of a surface
parking facility on the newly acquired land north of University
Mall, 3) a minor change to the north University Mall entrance, and
4) temporary parking on a portion of the U-Mall property previously
approved for a 5,000 square foot retail building, 155 Dorset
Street.
On the loth of August, 1993 the South Burlington Planning
Commission approved the request of University Mall Realty Trust for
revised final plat approval under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This project consists of a boundary line adjustment between
Merlin, Inc. and University Mall Realty Trust which reduces the
Merlin property by 3.31 acres, the expansion of U-Mall parking onto
the 3.31 acre parcel, temporary parking on the so-called Gleason
parcel and widening of the northerly U-Mall access. The sketch
plan was reviewed on 5/25/93.
2. Access/circulation: The only access change which is part of
this application is the widening of the northerly access drive by
10 feet to provide one (1) additional exit lane. This widening is
consistent with the Dorset Street improvement plans.
Circulation is adequate.
3. Parking: The expanded parking area will result in 303
additional parking spaces for a total of 2771 spaces being
provided. Only 2680 parking spaces are required by standard so the
applicant will have 91 spaces more than is required.
4. The applicant removed one row of parking in front of
Steinbach' s since sketch plan review in order to provide a 9 ' green
strip along Dorset Street.
5. Landscaping: There is no minimum landscaping requirement for
this project, as based on a percentage of building cost, although
an extensive landscaping plan ws submitted for the parking area and
along Dorset Street. The estimated value of the landscaping is
$35,940.
6. Wetland: The site contains 1.06 acres of Class III wetlands of
which 0.81 acres will be impacted by this development.
7. Coverage/setbacks: U-Mall property: Building coverage is 24%
(maximum allowed is 30%). Overall coverage is 69.8% (maximum
allowed is 70%). These percentages include the Chittenden Bank
property which will be acquired by the applicant.
Remainder of Merlin property: Building coverage is 20% (maximum
allowed is 30%). Overall coverage is 34% (maximum allowed is 70%).
8. Temporary Parking - Gleason Parcel: The Planning Commission
granted final plat approval on 9/24/91 for the construction of a
5,000 square foot retail building on the former "Gleason" parcel
which is now part of the U-Mall property. The approved plan shows
the new building and parking within 10 feet of the Dorset Street
r.o.w. The Commission granted waivers for building setback and
front yard coverage requirements. The waivers were granted based
on the reasoning that the proposed placement of the building would
promote the city center concept of buildings fronting the public
street with parking behind, and the building and proposed
landscaping would adequately screen the expanded parking lot.
9. The applicant is requesting approval to construct temporary
parking in the location where the 5,000 square foot building is
proposed until such time as the applicant can find a tenant and
construct the building. The approval for the retail building
expires on 9/24/94. Staff recommended that if a building permit
for the 5,000 square foot building is not obtained by 7/l/94, then
the applicant will be required to submit a plan, for approval, for
the permanent use and layout of this portion of the property.
10. Exterior Lighting: Additional lighting will consist of sevon
( 7 ) 30 foot poles each with two ( 2 ) 400 watt metal halide lamps
with cut off luminaires.
11. Other:
--- the pedestrian connection to the Chittenden Bank property is
shown.
--- applicant submitted a written report addressing the PUD
criteria contained in Section 19.151 of the zoning
regulations.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of
University Mall Realty Trust for: 1) boundary line adjustment
involving two ( 2 ) existing parcels of 46.01 acres (U-Mall ) and 7.73
acres (Howard Johnsons) which will result in two (2) new parcels of
49.32 acres (U-Mall) and 4.42 acres (Howard Johnsons), 2)
construction of a surface parking facility on the newly acquired
2
land north of University Mall, 3) a minor change to the north
University Mall entrance, and 4) temporary parking on a portion of
the U-Mall property previously approved for a 5,000 square foot
retail building, as depicted on a two page survey plat entitled
"Survey Plat, University Mall", dated 6/7/93, a plan entitled
"Boundary Adjustment Plan, Merlin Property", dated 3/13/93 and last
revised 6/7/93, and a four page set of plans, page one entitled
"Overall Site Plan, University Mall", dated 6/7/93, all plans
prepared by Pinkham Engineering Associates, Inc., with the
following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The applicant shall post a $35,940 landscaping bond prior to
issuance of a zoning/building permit. The bond shall remain in
effect for three (3) years to assure that the planted landscaping
takes root and has a good chance of surviving.
3. All exterior lighting shall be downcasting and shielded and
shall not cast light beyond the property line. Any change in
existing lighting or new lighting shall be approved by the City
Planner prior to installation.
4. The applicant shall obtain a zoning/building permit for the
proposed 5,000 square foot retail building on the former "Gleason
parcel" which was approved by the Commission on 9/24/91. The
zoning/building permit shall be obtained by 7/l/94. Until such
time as the permit is obtained and the building is constructed,
this area shall be used for temporary parking as shown on the plan
entitled "Temporary Parking Plan, Former Gleason Parcel". If the
applicant fails to obtain a zoning/building permit by 7/1/94, the
applicant shall submit a plan to the Commission for approval
showing the "permanent use" of this portion of the U-Mall property.
5. The final plat plans (survey plat and engineering plans) shall
be recorded in the South Burlington Land Records within 90 days or
this approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording.
6. The applicant shall obtain a Certificate of Occupancy from the
Administrative Officer prior to use of the expanded parking area.
7. Any changes to the final plat plans shall require approval by
the South Burlington Planning Commission.
A Chaii magi or'Clerk,
South Burlington Planning Commission
Date
C