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HomeMy WebLinkAboutSD-13-13 - Decision - 0192 0196 0200 0222 Dorset Street#SD-13-13 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MALONE DORSET STREET PROPERTIES, LLC —192, 196, 200, 222 DORSET STREET FINAL PLAT APPLICATION #SD-13-13 FINDINGS OF FACT AND DECISION Final plat application #SD-13-13 of Malone Dorset Street Properties, LLC for final plat approval to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use, 192,196,200, and 222 Dorset Street. The Development Review Board held a public hearing on June 4, June 18, and July 2, 2013. David White and Paul Simon 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 this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Final plat application #SD-13-13 of Malone Dorset Street Properties, LLC for final plat approval to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2- story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use, 192,196,200, and 222 Dorset Street. 2. The owner of record of the subject property is Malone Dorset Street Properties, LLC. 3. The application was received on 4/12/13. 4. The Board held a public hearing on the application on June 4, June 18, and July 2, 2013. 5. The subject property is located in the Central District 1 Zoning District and the City Center Design Review Overlay District 1. 6. For the purposes of this Decision, the proposed building along Dorset Street shall be herein referred to as 'Building 1" and the building along the new east -west street shall be referred to as "Building 2". 7. The plans submitted consists of a 40-page set of plans; page one entitled "Final DRB Site Plans for: C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Trader Joe's 200 Dorset Street, South Burlington, Vermont" prepared by DeWolfe Engineering Associates, Inc. et al, dated 6/13/12, latest revision, 5/1/2013. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS CD 1 Zoning District Required/Max Proposed( Min. Lot Size none 5.8 acres Max. Building Coverage 40% 19.0 Max. Overall Coverage 90% 72.6 Front Setback (Dorset Street) See below 5 ft. Front Setback (New Street) See below 5 ft. Side Setback See below 5ft. Max. Building Height 35 ft. 27 ft. � zoning compliance Note: No rear setbacks; corner property Central District Requirements 8.01 General Purpose of the Central District The Central District is hereby formed in order to encourage the location of a balanced and coordinated mixture of residential, commercial, public and private uses adjacent to Dorset Street that support the city center goals and objectives contained in the Comprehensive Plan. It is designed to promote efficient use of land by concentrating mixed uses within a well-defined Central District. This will provide a pedestrian -oriented circulation network that minimizes vehicular traffic. It also encourages the traditional town center pattern of appropriately scaled buildings facing onto a well-defined and active public street. Innovative site planning and master planning are encouraged to maximize uses, shared parking, public open space and pedestrian amenities which create an aesthetically pleasing and socially active community center on and around Dorset Street. To this end, all applications involving ten (10) or more acres of land in any Central District shall require a Master Plan approval pursuant to Article 15 of these Regulations. 8.02 Establishment of Sub -Districts The Central District is divided into four (4) sub -districts - Central District 1, Central District 2, Central District 3 and Central District 4. Permitted and Conditional Uses and dimensional standards vary by sub -district as established in Sections 8.06 through 8.10 of these Regulations. The subject lot is located within Central District 1. As such, standards are included below for requirements in all districts, as well as specifically for Central District 1. In addition, there are separate requirements for the frontage of buildings along Dorset Street that may not apply to other streets in the sub -district. 2 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 The applicant is seeking several waivers or allowable modifications of these criteria as part of the Planned Unit Development application. These waiver requests are listed below. 1. Front -yard setbacks for Building 1 2. Front -yard setbacks for Building 2 3. Ninety -foot building 4. Parking within the building envelope 5. Parking requirements 6. Placement of canopies for both buildings in the front yard setback 8.04 Dimensional Requirements in All Districts A. Purpose. The general intent of the building setbacks in the Central District is to require all buildings to front on to public streets and to require that parking facilities are located in the center of the blocks to the greatest extent practicable, occupy only minimal frontage on public streets, and are thoroughly screened from view from public streets and rights -of --way. B. Location of buildings and structures. (1) All buildings and structures, with the exception of parking facilities, are required to be constructed within an allowable building envelope. The maximum depth of allowable building envelopes shall be eighty (80) feet and, in general, shall be measured from the nearest planned public street right-of-way as shown on the South Burlington Official Map. (2) The Development Review Board may approve a building, a portion of which extends beyond the building envelope provided the building contains a minimum of two (2) stories and the overall site design of the property is found to be in conformance with the intent and purpose of the Central District. The building fronting Dorset Street, Building 1, is proposed to be 90 ft. deep, therefore extending 10 feet beyond the required building envelope. It is to have to have a two-story height along the western and southern portion of the building. This proposal is a true two story height (as opposed to a false facade) and will be a double height ceiling at the interior. A small portion (less than 50%) is proposed to be single story, namely the north side near the delivery entrance and a portion of east side facing the parking lot. The rear building, Building 2, which fronts on the not -yet -named new east -west public road, is a two-story building, with office space on the second floor and either retail/commercial or retail/commercial and restaurant on the first floor. The applicant's proposal for the site is consistent with the standards herein and the purpose of the Central District. The overall site design is urban without being overwhelming to the structures around it and includes a plaza space for the public to interact at this gateway to City Center. The Board, with additional consideration by the South Burlington Design Review 3 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Committee, has discussed the project in relation to this standard and approves its location and proposed building envelope given the architectural and other design elements proposed. The Board supports allowing 10 feet of Building 1 (along Dorset Street) to extend beyond the building envelope pursuant to Section 8.04(b)(2). (3) Exemption for master planned buildings and structures. Buildings and structures whose footprint, parking, and access are subject to and reviewed in conjunction with an approved master plan in the Central District 1 shall be exempt from requirements for the maximum depth of an allowable building envelope. This criterion is not applicable. The applicant is not seeking to permit through a Master Plan approval. C. Special Standards for Setbacks (1) Side yard setbacks shall be a minimum of five (5) feet or between zero (0) and five (5) feet if afire wall is provided. (2) The front yard setback area along Dorset Street, Brookwood Drive and Sherry Road shall be restricted to the following uses or improvements: (a) landscaping and green space (b) access drives (c) pedestrian oriented improvements including but not limited to sidewalks, plazas, benches, and bicycle racks. (d) utility services provided they are placed underground. Appurtenant facilities such as transformers and amplifiers may be installed at ground level where such is in accordance with Section 13.18 of these Regulations (utility cabinets and structures). See item "Allowable building envelopes in the Central District 1 along Dorset Street" in Section 8.05(A)(2) on page 8 below for a consolidated discussion of this criterion. D. Location of Parking Areas and Structures (1) Multi -level parking garages and decks may be constructed within an allowable building envelope, and/or outside of an allowable building envelope if located in the center of a block. (2) Surface parking may be provided within the allowable building envelope if it is located behind a building and is hidden from view from the public street. (3) The Development Review Board may approve surface parking which is within the allowable building envelope and which is not hidden from view from the public street by a building, provided: (a) the subject parking represents the smallest practicable portion of the total parking required for the property, 4 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 (b) the area encompassed by the subject surface parking represents a significantly minor portion of the total allowable building envelope area existing on the property, (c) the applicant has sought parking waivers from the DRB to reduce the amount of surface parking required, and (d) the overall site design of the property is found to be in conformance with the intent and purpose of the Central District. While 15 of the proposed 125 parking spaces are completely within the building envelope for Building 2, the view from both streets of the majority of these parking spaces is hidden. Those spaces which are not hidden by the building are proposed to be screened with landscaping. The Board finds that this represents the smallest practicable portion of the required parking for the property and represents a very minor portion of the building envelope area on the new east - west street. For the entirety of the property, including Dorset Street, approximately 15% of the total building envelope is used by surface parking. As noted above, the Board finds the applicant's proposal for the site in conformance with the intent and purpose of the Central 1 District, therefore it supports a waiver to allow 15 parking spaces to be located within Building 2's building envelope and 16 spaces to be located partially within Building 2's building envelope pursuant to Section 8.04(D)(3). E. Parking Requirements (1) The parking requirements of Table 13 are required in the Central District. These standards may be met on -site or off -site if the parking facility is located within seven hundred (700) feet of the main entrance of the establishment and is approved by the Development Review Board. (2) The Development Review Board may accept a contribution to the parking trust fund to establish a municipal parking lot in lieu of parking spaces. The amount of the contribution shall be based on a per space fee set by the City Council. (3) The Development Review Board may further reduce the amount of parking required, up to a maximum of eighty percent (80%) of the number of spaces required, in conjunction with an approved master plan upon a showing by the applicant that the master plan includes viable provisions for off -site employee parking and transportation and construction of mass transit stops within the master planned area sufficient to further reduce parking demand. (4) Parking lots located in the centers of blocks shall be connected with openings between lots to allow traffic flow between lots. The new structures are part of an overall PUD with an existing building on the southern portion of the lot. Based on 12,800 square feet of retail food use, 4,000 square feet of retail use, 3,000 square feet of restaurant/short order use and 7,000 square feet of general office space, the new development will require 158 ( 157.3) parking spaces. The existing building (Healthy Living) requires 187 (186.3) parking spaces and provides 146 parking spaces with approval of the DRB. Therefore, a total of 344 parking spaces are required for the PUD. The applicant is proposing 271 total parking spaces (not including the one (1) parking space which would be lost due to the access connection to 150 Dorset Street). This is a shortfall of 73 spaces, or 21.2%. CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 The Board approves this waiver request of 21.2%. This property is serviced by a transportation bus route and has opportunity for shared parking among its three projected tenants. The preliminary plat decision required the applicant to submit a plan to encourage employees and customers to utilize parking -reduction techniques, including but not limited to public transportation service, bicycling, and car-pooling. The applicant has submitted a "Parking Management, Reduction & Transportation Alternatives Plan Summary" in response to the condition. Many of the notes contained therein are inherently enabled by the site: location along a public transportation corridor, presence of bicycle parking on site, shared parking, and building design. The applicant has proposed a few additional initiatives: 1) provide one space for car-pool parking; 2) post city bus route and schedule on site; and 3) encourage employees to utilize public transportation. Three bicycle racks are provided on site. The Board supports a parking waiver of 21.2% or 73 spaces. City Center Design Guidelines specify streetscapes that include on -street parking. Three on -street parking spaces are proposed. When the adjacent building was developed, a street section for the new street was discussed but delayed. The applicant submitted a street section and design as part of this application. Details are shown on curbing, handicap access, benches, landscaping, swales, etc. F. Density. Height, coverage, setbacks, floor area ratios (F.A.R.) and the maximum size of units will govern the density of the Central District. The F.A.R. is the ratio of building square footage to lot size. The proposed buildings result in a Floor Area Ratio (FAR) of 0.26 for the entire PUD. This is within the limits specified for the sub -district. See the Discussion of Section 8.05(A)(4) Density in Central District on page 9 of this Findings of Fact and Decision for a consolidated review of this criterion. 8.05 Specific Sub -District Regulations A. Central District 1 (1) Building envelopes: Allowable building envelopes shall be in accordance with Section 8.04(B), with the exception of Dorset Street. The standards for review of a proposed building envelope and setbacks shall be: (a) The proposed site layout shall provide for a strong building presence of habitable or leasable building area along all public streets on which the property fronts. Interruptions in the street presence of the proposed building shall be located to front on service thoroughfares. C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 With regards to building presence along the new east -west street, the Board finds that this criterion is met for the southern portion of Building 1 and for Building 2. This will be one of the main entrances to the City Center area. Building 2 is located approximately 30 ft. from the new street but includes a sidewalk and benches while a pedestrian plaza anchors the southwest corner of the property formed by the new east -west street and Dorset Street. With regards to building presence along Dorset Street, the Board finds that this criterion is met for Building 1. This will be one of the main entrances to the City Center area. The building's west side is located five feet from the existing sidewalk and uses tall, clearstory windows to open the building's interior to Dorset Street. An entrance is also located on Dorset Street. An interruption to the street presence is proposed but is minimal in scale and is proposed to be screened. The entry door on Dorset Street shall remain unlocked and accessible during all business hours. (b) Surface and structured parking areas shall be screened from all public thoroughfares by habitable or leasable areas of buildings. The DRB may allow a minor portion of the parking on a site to be screened by building facades if in the DRB's judgment the objectives of the Comprehensive Plan for the City Center are met. Figure 8- 1 Allowable Building Envelope (Typical), CD-1 Central District 1 ^—p MARKET STREET BUILDING ENVELOPE ' w CENTER OR BLOCK (PARKING) m WY 80 S['REEr i The Board finds that this criterion is met along both the new east -west street and Dorset Street provided all pieces of the PUD are constructed as shown on the plans and in the document file for this application. (c) For lots fronting on public streets on three or more sides, a strong building presence of habitable or leasable building area shall be required along a length of street frontage equivalent to the combined length of the two longest street frontages on the property. 7 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 This criterion is not applicable to this property. (d) Surface parking may only be allowed along public street frontage or service thoroughfares if in the DRB's judgment all practicable measures to avoid such location have been taken and all parking areas will be completely screened from view by the habitable or leasable area of a building or by a building faVode. The Board finds that this criterion is met, provided the office/retail building is constructed as shown on the plans and in the document file for this application. (2) Allowable building envelopes in the Central District 1 along Dorset Street: In the Central District 1 along Dorset Street, the envelope is measured from a point twenty (20) feet east of the right-of-way, thereby creating a twenty (20) foot minimum front yard setback from Dorset Street. In addition, Section 11.01(F)(1)(g) of the SBLDRs, on Design Review Overlay Districts, states that "in Design Districts 1 and 2, new buildings shall be built to the street property line." It also states that "the Development Review Board may approve building locations, or portions thereof, that are set back from the street property line, provided, the Development Review Board finds the overall site layout to be in conformance with the City Center goals." This property is in Design District 1. As previously stated, the Board defers to the general purpose and intent of the District in determining which standard to apply for both of the proposed buildings. The Board finds that the existing adjacent building at 222 Dorset Street has set an expected build -to line, and seeks to provide a consistent building presence on the street. The applicant is seeking five foot setbacks for Building 1 from the existing recreation path on Dorset Street and for Building 2 from the City ROW on the new east -west street. The Board is comfortable with the buildings' placement within the 20-foot setback with some considerations, including the implementation of Section 8.04(B)(2), discussed above. The proposed buildings are predominantly two-story buildings as discussed above. The Board considered the height of this building in considering the reduced setback sought from Dorset Street. This City Center area is planned to be the most urban in the City of South Burlington. The Board is amenable to a five (5) foot setback for Building 1 along Dorset Street. The Board grants a setback for Building 2 of 5 feet from the City ROW along the new east -west street. The western edge adjacent property proximate to the public sidewalk along Dorset Street has been subject to blown snow by City maintenance vehicles. The applicant is hereby notified that this area of its property may also be subject to the effects of snow clearing and other maintenance by public street workers. The applicant has proposed permanent canopies on Building 1 and Building 2 that would extend approximately four (4) feet into the five-foot setback. The Board discussed this and determined that the canopy extending over the doorway was consistent with the SBLDRs. The Board determines that the canopy for Building 1 and Building 2 is permissible within the five foot setback. 8 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 As an additional point of discussion, corner buildings with significantly reduced setbacks have been reviewed for sight -distance impairments and obstructions. As currently proposed, the site will have space at the northeasterly corner of Dorset Street and the new east -west street for an outdoor pedestrian plaza. This should aid in alleviating concerns regarding sight obstructions. The Board determines that the plaza area does not cause an obstruction nor impairs sight distance. (3) Building Coverage. For buildings not subject to an approved master plan, the maximum coverage shall be forty percent (40%) for buildings only and ninety percent (90%) overall. The overall site coverage for all non -landscaped surfaces (including buildings) for a master plan shall be sixty percent (60%). For individual parcels subject to an approved master plan, the maximum coverage shall be eighty percent (80%) for buildings only and ninety-five percent (95%) overall (including buildings, parking, walks, and all other non -landscaped surfaces), provided the overall site coverage for all properties subject to the approved master plan is not exceeded by the grant of an individual permit. The proposed site and building coverage percentages are below the maximums permitted. (4) Density in Central District 1: The base maximum density of development shall not exceed an F.A.R. of 0.8. The Development Review Board may explicitly approve development up to an overall F.A.R. of 1.5 in conjunction with a master plan approval of a parcel or parcels within the CD1 district as a bonus for the provision of special, public -oriented amenities such as parks, courtyards, pedestrian ways, etc. The maximum residential density shall be forty (40) units per acre (with a minimum unit size of five hundred (500) square feet). The maximum F.A.R. for an individual parcel subject to an approved master plan shall be 0.8, provided the overall maximum approved F.A.R. for all properties subject to the approved master plan is not exceeded by the grant of an individual permit. The proposed building results in a Floor Area Ratio (FAR) of 0.26. This is within the limits specified for the sub -district. 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 applicant shall obtain final wastewater allocation prior to issuance of a zoning permit. N C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_finai_ffd (1).doc #SD-13-13 (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. The Director of Public Works Department has reviewed the plans and has no additional comments. (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Parking spaces and aisles are sufficient to serve two -directional traffic. The service/loading area near the north side of Building 1 is narrow and shall be limited to one -directional, egress -only, service/delivery vehicle, right turn exit only. Traffic throughout the PUD is proposed to be two -directional. The applicant has indicated on the plans, and on the ground, that the service area will be for service and delivery vehicles only and shall only be used for egress with only a right turn permitted upon exit. This service area shall be striped on the ground and also utilize appropriate signage. The Fire Chief previously submitted concerns about the turning radius needed by his larger vehicles, and the potential complications with the curbing. The applicant has revised the design of the sidewalk curbing to be of a smoother angle to accommodate the Fire Chiefs concerns. Parking lot islands are curbed, with breaks provided for stormwater runoff into the retention basins where appropriate. The applicant has submitted a traffic investigation prepared by Stantec Consulting Services dated July 26, 2012, with subsequent updates. The proposed development is estimated to generate an additional 164 weekday PM peak hour trip ends if there is a short order restaurant as proposed or an additional 127 additional PM peak hour trip ends if no short-order restaurant is included . This is based on a consideration of traffic that acknowledges a reduction over base ITE rates given passby traffic which would already be utilizing the adjacent street network (Dorset Street). The investigation states that the Dorset Street / Healthy Living driveway intersection currently operates well below capacity and "the new traffic can be readily accommodated without the implementation of significant capacity improvements." However, the investigation notes, "traffic demands for the Dorset Street southbound left -turn lane into the Healthy Living driveway (the 95`h percentile queue) will reach the storage capacity of this lane during peak hours" and therefore recommends "that the existing raised median on Dorset Street be reconstructed extending the southbound left -turn lane to approximately 150 feet." In a later memo, the applicant's traffic engineer revised his recommendation to include an extension of the southbound left turn lane to 9 feet. The City's Director of Public Works and City Engineer stated that 9 feet is not sufficient to serve a full car, and recommends 18-20 feet, such that the change will serve at least a full vehicle. This change has been reflected on the plans. (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. C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 The Board finds this criterion to have been met. A stream crossing is proposed at the eastern property line. This crossing is depicted on the City's Official Map. (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 district(s) in which it is located. The project's overall design satisfies this criterion. The design and orientation of the proposed buildings is compatible with other buildings in the District and with the overall purpose of the District to create a mix of uses coupled with a pedestrian -friendly environment. (f) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is being met within the constraints of the property. Stream buffer areas are located along the eastern edge of the property. (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 South Burlington Fire Chief has reviewed the plan and provided comments in a letter dated March 28, 2013. He has stated that the plans meet with his compliance, and adds in the following conditions. 1) Compliance with all requirements of Vermont Division of Fire Safety codes and standards. 2) Automatic sprinklers and alarm system for both buildings as required by Vermont Division of Fire Safety. 3) Fire Department Sprinkler Connection location(s) to be specified by SBFD. 4) Fire Alarm panel and enunciator location(s) to be specified by SBFD. 5) Provide 24 hour per day off -site (central station) monitoring of all fire alarm and protection systems for both buildings. 6) Provide an emergency key box(s), location(s) to be specified by SBFD. 7) Elevator car(s) to be sized large enough to accommodate an ambulance stretcher in the flat position. The applicant shall respond to and adhere to the comments provided by the Fire Chief where required by the SBLDRs. (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 road is planned to connect into the future City Center road network and is shown on the Official Map. It is shown to connect to the easterly property line. Section 15.12 of the SBLDRs states unequivocally that: CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 D. Criteria for Public and Private Roadways. (4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection to an adjacent property may or could occur in the future, whether through City action or development of an adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the property line or contribute to the cost of completing the roadway connection. E. Standards for Construction of Roadways (1) All streets shall be constructed completely by the applicant. The Land Development Regulations unequivocally state that roadways shall connect to adjacent parcels. The Board has examined this requirement thoroughly. Staff has worked through this issue with multiple departments, including the City Engineer and Director of Public Works, and the City Manager's office. The Board finds that the roadway must be built by the applicant to the property line. This has been reflected in the plans. The applicant shall escrow a total of $248,334 via two separate escrow agreements for the costs of the public improvements to ensure completion —one in the amount of $137,250 for the new east -west road connection to the adjacent parcel to the east and one in the amount of $111,084 for the applicant's share of the costs of other public infrastructure. (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. 6) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). These criteria are met. The project establishes two appropriately scaled buildings with a mix of uses and a pedestrian -friendly design as called for in the Central 1 District. 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. Chapter 14.06 of the South Burlington Land Development Regulations states the following: Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. 12 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act, (ii) The parking area will serve a single or two-family home; The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. Parking approved pursuant to 14.06(B) (2) (b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The subject lot shall be reviewed under the more specific standards for the location of parking stipulated in the Central District 1 Zoning District. These standards have already been addressed above and are reflected in the plans. (b) 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. This criterion is met. The proposed buildings are similar in height and scale to the adjacent building. (c) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. This criterion is met. (d) 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. This criterion has been reviewed as part of the project's design review. The Board finds that this criterion has been met. 13 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 (e) 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. It is the Board's finding that this criterion is 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. As discussed and agreed at previous levels of review, the applicant shall provide for a future connection to the "Blue Mall" to the north. This is depicted on the plans. (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. 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. (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). A screened dumpster area is shown on the plan. This criterion is met. (d) Landscaping and Screening Requirements. Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. The City Arborist provided comments in the December memo from the Director of Public Works that are incorporated on page 17 below in this Findings of Fact and Decision. Snow Storage Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. Snow storage areas are shown on the plans. Landscape Budget 14 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the SBLDR. The applicant reports a minimum requirement of $34,300 at an estimated construction cost of $100 per square foot. The applicant is proposing a minimum of $34,430 in landscaping. OTHER: South Burlington City Center Streetscape Design Guidelines Handbook. As noted in Table 15.1 Street Design Standards of the Land Development Regulations: "All streets within the Central District shall comply with the minimum right-of-way width, minimum pavement width, and other standards contained in the South Burlington City Center Streetscape Design Guidelines Handbook. "Staff analyzed the project's plans in relation to the Handbook. The unnamed east -west street is categorized as a "secondary public street" in the Handbook. Key guidelines and illustrations are described below. Note: Not all of the illustrations or the Guidelines are excerpted below. Secondary streets complete the street grid surrounding Corporate Way, and serve as secondary connections to adjoining roadways such as Williston Road, Dorset Street, and San Remo Drive. Secondary streets consist of a 60 foot no.w;, with specified. dimensions as follows (see typical cross-section, Figures 11.2.5 ): - Two l l foot wide travel lanes; - Parallel parking spaces (9' x 22) lining both sides of the street; - "Three foot building setback to achieve a 13 foot wide sidewalk; - Locate street trees and street lights 3 feet off curb face; - Locate water line under parking aisle of the street; - Locate utility corridor 4 feet from the building face, and enclose in appropriate encasement; - Encourage location of certain utilities, such as gas, in the center of blocks rather than in the public r.o.w. 15 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc C #SD-13-13 GU I Or: LINE 4 b : STREET TREE LOCATION AND INSTALLATION Site City Center Streetscape Committee moommends the following guidelines for street tree location (see Figure UAA for installation details): Locate trees at least 3 feet off curb face. (Trees along the south side of the eastern portion of Corporate Way will be located 43 feel off the curb face. See Figure 11.2.3) - Locate it= 40 feet on center along roadway. - Allow closer spacing in certain arras to enhance pedestrain ways or major entrances to buildings. Allow only one tree species per street to promote consi,tency and sense of place. Provide different varieties of !tree species on different streets and in parking lots. - Nimimum size of transplanted trees: 3 - 5" caliper Install Neenah cast inn tree grate style R-8742-A 1.80 square, or equivalent, size 60", in black.(we Figures t1:4A — H.4:5 for installation details) dp p 1`V'%c Ci t �i wHeA PAY AT:Satzr .'S F9Ar^+IE:- It.tf"C+ Ge*r4wM r— t tY, l=t t.lst-i w n-H t T NAe- FIGURE 11.4.6 TREE GRATE INSTALLATION Trees are protected from conflicting uses through careful placement: - Locate trees at least 25 feet from intersections to keep vehicular traffic sightlines clear. - Coordinate location of traffic safety signs with tree locations, in order to keep signs visible. - Locate trees clear of clear of bus loading and unloading zones. - Where possible, allow at least 15 feet between trees and light poles to insure clear access to light fixtures and to reduce obstruction to light. - Maintain at least 5 feet between fire hydrants and trees. - Coordinated tree and utility placement to minimize conflict overhead and underground. - Locate trees in relation to outdoor furniture such that facilities will remain unobstructed without excessive pruning of branches. The proposed street trees are consistent with the guidelines with the exception of the absence of tree grate installation. Grass area is proposed between the trees as is standard mulching around the trees. In an email dated August 30, 2012 the City Arborist expressed the following concerns over the use of tree grates: [« C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 I'd advise against the use of tree grates with the possible exception of trees located in areas surrounded by hardscape and in that situation there should be some very specific requirements for the use of structural soils, soil cells, etc. The Board and the City Arborist are comfortable with the proposed non -grated tree installation. The Board has expressed that the stormwater management benefits of the proposal outweigh the benefits of creating an urban streetscape envisioned by the guidelines. G U I D E L I N E 5 a: SIDEWALKS AND PAVING Sidewalks in the City Center provide both pedestrian access and aesthetic enhancement. Sidewalks must be constructed to withstand constant pressure from pedestrians as well as occasional vehicles, to withstand snow removal activities, and to weather extreme temperatures and significant rainfall. Paving material, color and design patterns are chosen to coordinate with the entire streetscape while also allowing variations. Paving design is used to define the traveled way, highlight pedestrian right-of-way areas within the street network, and to provide the pedestrian with subtle directional guidance by adding interesting detail and unique character at pedestrian way intersections and building entrances. Sidewalks and adjacent paved surfaces are constructed to be stable, firm, and slip - resistant. Joints with street furniture and other installations are carefully crafted to create a neat, continuous ground plane. Where de-icing salts will be used, sidewalks slope away from tree trenches. Design is in accordance with ADA standards. A combination of red brick concrete pavers and poured, pigmented concrete is recommended. Paving pattern alternatives are illustrated in Figures H.5.3 through 11.5.7. Two installation options for pavers are illustrated in Figures H.5.1 and U.5.2. The permeable setting bed is generally recommended; this installation technique allows water and air to reach tree roots while also decreasing runoff. The impermeable setting bed may be desirable in the most heavily traveled areas. GUIDELINE 5 b : STREET AND SIDEWALK DIMENSIONS Streets are constructed according to the general dimensions outlined in Chapter 2. Driveway entrances and intersection radii are constructed in compliance with the South Burlington Subdivision Regulations and to allow emergency vehicle access to all parts of the street network well as bus access as deemed necessary. Sidewalk configurations are illustrated in Figures 1I.5.3 through I1.5.7. Paving pattern alternatives are also illustrated in these figures. GUIDELINE 5 c : CURB CUTS AND CROSS WALKS Curb cuts and cross walks are located for the convenience and safety of the pedestrian, and are designed to ADA standards. Paving patterns and materials may be borrowed from the adjacent sidewalk to emphasize crosswalks and to highlight other pedestrian right-of-way areas. One crosswalk curb cut alternative for intersections is shown in Figure 11.5.8, below. The plans detail an ADA-compliant curb cut for the crosswalk leading to the Healthy Living parking lot. A preexisting curb cut and crosswalk is located along Dorset Street. This crosswalk is not signalized. The Board finds and concludes that the applicant shall construct the east -west crosswalk with pedestrian signalization, from the northeasterly corner of the new east -west street's intersection with Dorset Street to the lot directly across Dorset Street. A discussion of the financial details of this requirement is included below in this Findings of Fact and Decision. 17 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc R #SD-13-13 GUIDELINE 6 ill : STREET LIGHTING The City Center street lighting system provides a safe environment for pedestrians by lighting roadways and sidewalks to proper standards while also enhancing the aesthetics of the streetscape environment. The recommended lighting fixture is the Lumec, Inc. New Westminster Series, color black, with Lumec, Inc. pole style RA61A aluminum pole. (see Figures 1I.6.I and 11.61) The lighting type, intensity and location is as follows: - High pressure sodium. - 16 foot high poles. - 1.2 foot candles along Corporate Way (collector streets). - 0.9 foot candles along secomdary streets and San Remo Drive (local streets). - 50' staggered spacing (100 feet spacing on same side of street) along Corporate Way. 55' staggered spacing (110 feet spacing on same side of street) along secondary streets and San Remo Drive. - One fixture at each corner of an intersection. - Shoebox-type luminaries in parking lots. The applicant's lighting plan details lamp locations for the parking lot and for the service area on the north side of Building 1. The proposed Gardco Gullwing is consistent with the lighting standards in the SBLDR, although it is not technically a "shoebox-type." C H A P T E R 7 - STREET FURNITURE Street (outdoor) furniture includes those items which are located in the streetscape for the convenience of the pedestrian and which, by adding an element of intimacy and comfort to the environment, tum the strectscape into a series of "outdoor rooms". Street furniture includes seating, trash receptacles, bicycles racks, kiosks and public information boards. Everything in the streetscape, from mailboxes to bus shelters, should be brought into sympathy with the desired street character, while also allowing ample room for creative expression. Properly selected, coordinated, installed and maintained street furniture is essential to creating a lively and attractive pedestrian -oriented environment. G U I D E L I N E 7 a: STREET FURNITURE SELECTION CRITERIA FUNCTION. Designs are selected which effectively carry out the necessary function under the conditions of the specific site, for a wide range of users. IMAGE. Various items of street furniture must be compatible in scale, line, color, and texture with the surroundings and with other items of street furniture. Every item is selected and installed to belong to the streetscape. (Rather than appearing thrust upon the site, the item should appear to have grown there.) 'I'micless, simple designs remain current as the streetscape context changes over the years. EXPERIENCE. When it comes to choosing street furniture, reconnaissance time is seldom wasted. Looking at and testing an item in an outdoor setting gives a significantly different psychological impression than does an item in an indoor showroom or a catalog. If possible, units should be tried on the individual site. Remember: eye level determines perspective, and there exists amongst humans a wide range of eye levels. DURABILITY. Items must be built to withstand prolonged weather exposure and climatic extremes, exposure to salt, intense use, and to resist vandalism MAINTENANCE. Frequency of routine maintenance needed (painting, cleaning, etc.), snow removal issues and present and future availability of replacement parts are considered. COST. Initial cost is considered, as is the long term cost of maintenance. LOCATION. Street furniture is generally located in coherent groupings, as dictated by the context. Street furniture is always located free of the pedestrian flow, vehicular movement and building access, and with respect for ADA considerations, commercial functions of the streetscape, and routine maintenance operations. If present in excessive numbers or not properly located or coordinated, street furniture can become street clutter. Always put an individual items of street furniture through this test - "Is this item really necessary?" 18 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doe #SD-13-13 GUIDELINE 7 b : SITTING AREAS Sitting areas are designed and Iocated to encourage pedestrians to rest, socialize and people watch. Important aspects of a sitting area are: - Location in close proximity to the sidewalk or other pedestrian way. - Visual accessibility in and out of the sitting area, from the perspective of the standing and sitting person. Seating, both private and where the pedestrian flow bisects the site, slightly above passers-by if possible. Choice of seating in sun or in shade. - Sufficient lighting for nighttime security. - Trash receptacles. Some element of wind protection if necessary. The proposed pedestrian plaza is generally compliant with this guideline; the applicant proposes several lighting features for the pedestrian plaza area; these include street lighting fixtures along the ROW, building mounted light fixtures, and surface lighting surrounding the seating planters within the pedestrian plaza space. In addition, the plans show trash receptacles within the plaza area and along Dorset Street. GUIDELINE 7 c : SEATING The City Center Streatscape Committee recommends the DuMor, Inc. "Model 57 Bench" with black cast iron supports and redword slats, or equivalent. (see Figure 11.7.1) Alternatives to traditional seating include: - Backless benches, allowing multi -directional seating. - Sitting walls, which can double as retaining walls. (a variety of heights is interesting: min. 12" high, 17" deep; max. Y high) - Rock seating doubles as a natural landscape element and interesting observation seat. - Fences, gates and bollards serve a dual purpose when located near a gathering place. - Leaning walls are an important accompaniment to seating in an urban setting. The pedestrian plaza utilizes three, 18" high seating planters. Two backless benches are proposed near the future center entrance to Building 2. Several seating boulders are provided along the Dorset Street side of Building 1. Logical placement of trash receptacles reduces street litter. Trash receptacles must be large enough and located to be obvious but not prominent. They must be vandal and fire resistant, allowing ample capacity and easy removal of litter, Trash receptacles are best sited in the shade, downwind and a respectful distance from pedestrians' noses, and such that dripping from the receptacle will not cause unsightly pavement stains. The Committee recommends the Victor Stanley, Inc. Bethesda Series S-35 or S-424 trash receptacle, with raised steel dome top, or equivalent, in black. (see Figure 11."7.2) As noted in the discussion above concerning Sitting Areas, trash receptacles are currently proposed. 19 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 GUIDELINE 7 e: BICYCLE PARKING Bicycle racks are chosen and located according to the same general principles as other street furniture, with the additional consideration that bicycle traffic should be analyzed ahead of time to pinpoint the areas of greatest use/need. (see Guideline 7a) Bicycle racks come in many configurations, allowing each rack to be chosen according to the general shape of the available area. A few of the many options are: standard long one and two-sided racks, circular racks (these take up less visual space when unused), and wall racks (take up less room but require effort to use). More casual arrangements include bollards with attached iron loops, fences, and signposts. These serve dual purposes in areas less frequented by bicyclists. A standard parking configuration requires a minimum 6 foot by 1.5 foot space for each bicycle, as well as a 4 foot maneuvering corridor behind the bicycle space. Weather protection is desirable for areas where bicycles will be parked for long periods of time. Bicycle racks are best located to be sufficiently visible and well -lit to prevent vandalism and theft. Three bicycle racks are shown on the plans. G U I D E L I N E 7 f: CANOPIES AND AWNINGS Canopies and awnings enhance the streetscape while also offering weather protection to the pedestrian.. Fixed canopies and awnings should follow these guidelines: - The maximum extension of awnings and fixed canopies from the building face should be 6.5 feet. - Longer extensions of awnings/canopies from the building face should be allowed on a case -by -case basis to enhance covered entrance ways, outdoor seating, etc. - Temporary poles/supports should be allowed in r.o.w. from May I -November I. - Fixed canopies should include an appropriate gutter or other barrier to prevent melting snow from falling into r.o.w. Awnings can be rolled up during heavy snowfall. - Design of canopies and awnings should be approved by the Planning Commission based on input provided by the Streetscape Design Review Committee. - There should be a minimum distance of 8 feet between the lowest part of a canopy/awning and the ground surface (ie. sidewalk). The proposed canopy over Building 1's Dorset Street entrance appears to be approximately six feet wide, four feet in depth from the building, and provides more than 8 ft. of clearance. The proposed canopy is flat which may lead to a buildup of both water and/or melting snow. Building 2 includes proposed canopies on the southern and western facades, four feet in depth from the building and providing more than 8 ft. of clearance. DESIGN REVIEW CRITERIA The subject property falls within City Center Design Review Overlay District 1. The application has been reviewed by both the City Center Design Review Committee and the Development Review Board. 11.01 (C)(1) Design District 1 - This area is generally located on both sides of Market Street and extends south to San Remo Drive. This area is planned to be the core area of the City Center, with the highest density and greatest mix of uses. It is the intent of this area is to be the main "downtown" for South Burlington, and therefore, should uphold the highest quality of design. 20 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Building materials should consist only of natural, indigenous materials (brick or stone) and the buildings themselves should relate directly to the public street. They should be placed upfront on the property line and the main entrance should face the street rather than parking lots. In addition, a pedestrian promenade shall be provided along Market Street in order to promote pedestrian activity and provide cover from inclement weather. Section 11.01(F), Criteria for Approval, states: the Development Review Board shall find that any development or activity specified in Section (D) above (i.e., construction of a buildingl shall conform substantially to the following design criteria (1) Building Design (a) Consistent design. Building design shall promote a consistent organization of major elements; and decorative parts must relate to the character of the design. All sides of a building shall be designed so that they are compatible in terms of material, window treatments, architectural accents, cornice/parapet design, etc. In Design Districts 1 and 3, the design of a building should consider the design features of other structures in the area so as not to be harshly discordinate with other nearby buildings. Building 1: The building is consistent around its four sides. Materials include brick and fiber cement board. The colored renderings and brick samples submitted by the applicant indicate that two different colors of brick are proposed. The building has a significant window presence along the south (new east -west road) and west (Dorset Street) facades, no windows on the north, and a mix on the east (parking lot) side. The plans for Building 1 endeavor to provide a pedestrian -oriented design along Dorset Street. This includes adequate glass on this facade. The applicant states that they have "54 percent linear clear glass measured six feet high along Dorset Street side" and "87 percent linear clear glass measured six feet high along access drive side." The applicant also adds that they are proposing the use of spandrel glass where clear glass was not used. They note that this spandrel glass is not used in the transparency calculation for either facade. Building 2 (Office/Retail): The building is consistent with the planned Building 1 and uses consistent materials. The nearest existing building in the area is a relative new building at 222 Dorset Street, occupied by Healthy Living, which includes red brick, beige hardi-plank, glass, and dark window frames as principal features. The Board finds that the two proposed buildings meet the building design standards. (b) Materials used. High quality, attractive materials shall be used on all buildings. Natural, indigenous materials of stone and masonry are highly encouraged, if not required. (i) Design District 1. Natural, indigenous materials of stone and masonry shall predominate. Examples of acceptable materials include red brick, indigenous stone (i.e., granite, limestone, and marble), and architectural concrete. Glass may predominate if used in combination with brick or stone. Other materials may be used as an architectural accent provided they are harmonious with the building and site. Examples of 21 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 unacceptable materials include vinyl siding, metal skin, synthetic stucco and laminated wood (e.g., T- ill). As noted above, principal materials include red brick, glass, metal window frames, and, in Building 1, architectural concrete block. The Board finds that the proposed buildings meet the Materials standard. (c) Colors and textures used. The color and texture of the building shall be harmonious with the building itself and with other buildings on the site and nearby. Colors naturally occurring from building materials and other traditional, subdued colors are encouraged. More than three (3) predominant colors are discouraged. Glass, red and terra brick, metal window frames and panels, and architectural concrete are the primary building materials used. The proposed materials are similar to those used at the Healthy Living building to the south. Other buildings in the vicinity predate the design review district and/or are located outside the district. The Board finds that the proposed buildings meet the colors and textures standard. (d) Windows and doors. Window and door treatment (i.e., the arrangement of windows and doors into a pattern) shall be a careful response to the buildings interior organization as well as the features of the building site. The treatment of windows and doors shall be in a manner that creates a rhythm that gives necessary order and unity to the facade, yet avoids monotony. In Design Districts 1 and 2, for sides of buildings that front or face a public street, existing or planned, the majority of the first floor's facade area shall consist of see -through glass in order to promote pedestrian activity, however, the windows and/or doors should be of a human scale so as to welcome, not overwhelm, the pedestrian. P#A CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 I/ ICl/ Inappropriate.. door treatment - tio rhythm Rhythm created * appropriate window and door treatment (e) Use of hm m.-scale" design danm*. Larger buildings shall incorporate the use of design elcnents, such as pilasters, colored or textured bands, or window and door treannents. in order to reduce the larger building's apparent overall size and, therefore, avoid a large or long monotonous appearance. �NOWAN A C, The proposed buildings have incorporated significant window and door treatments. The plans for Building 1 endeavor to provide a pedestrian -oriented design along Dorset Street. The applicant states that they now have "54 percent linear clear glass measured six feet high along Dorset Street side." The applicant also adds that they are proposing the use of spandrel glass where clear glass was not used, and that this spandrel glass is not used in the transparency calculations. An operable doorway exists along Dorset Street. Along the access drive, the building contains approximately 86% clear glass measured at six feet high. The plans for Building 2 include three entries along the south side and contain approximately 75% clear glass measured at six feet high. The building's westerly facade partially faces Dorset Street. This side contains two doors and contains approximately 60% clear glass measured at six feet high. The Board finds that the proposed buildings provide adequate window and door treatments in a manner that creates a consistent and complimentary rhythm and encourages pedestrian activity along Dorset Street and the access road. (e) Use of "human -scaled" design elements. Larger buildings shall incorporate the use of design elements, such as pilasters, colored or textured bands, or window and door treatments, in order to reduce the larger building's apparent overall size and, therefore, avoid a large or long monotonous appearance. The proposed Building 1 has more than 50% of clear glazing along each of the two facades which are to face public rights of way. The emphasis on glazing, supported by small breaks of brick columns, achieves the goal of avoiding a long, monotonous appearance. Building 1 includes two types of bricks, which aid in breaking up the massing of the building, effectively reducing the building's apparent size. Finally, the slight variations in height along the facades provide relief from massing. Building 2 includes three entries along its south side and clear glazing of approximately 75%. Similarly to Building 1, Building 2 includes vertical brick columns. Awnings are proposed along the southern and western facades as well. 23 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Both buildings provide for a principal entryway focused on the pedestrian plaza. The pedestrian plaza is proposed to include seating planters, trees, and street trees. The Board finds that the standards for proposed use of human scaled design elements have been met. (f) Roofs as a design element. Roofs shall be part of, or define, the style of a building. They shall be used creatively to break up long facades and potentially long roof lines. Design Districts 1 and 2. For one-story structures, the minimum and maximum slope of a pitched roof shall be 8 on 12 and 12 on 12, respectively. Only a small portion of roof area on one-story buildings may be flat provided it is not visible from the public street, existing or planned, and does not detract from the overall design and harmony of the building. For structures of two (2) or more stories, the minimum and maximum slope of a pitched roof shall be 5 on 12 and 12 on 12, respectively. Where flat roofs are used, particularly on structures of two (2) or more stories, architectural elements such as cornices and parapets shall be included to improve the appearance and provide interest. Large, low -slope (i.e., less than 5 on 12) gable forms are discouraged. IFA icm W O !r� bi wuo�uu� 1rl'r�illlr' /��■ Inappropriate Roof Treatment —Monotonous Treatments Appropriate Roof The proposed roofs are flat for each building. Building 1 will have a portion at one level and a portion at a second story height, while Building 2 will be two (2) stories consistently. Both buildings are proposed to include awnings above the first floor on south facing sides and at doorway entrances. Cornices are proposed on both buildings. A painted aluminum rooftop mechanical screen is proposed on the rooftop for both buildings. This would complement similar lattice work at the Healthy Living building. The Board finds that the standards for roofs as design elements have been met. (g) Orient buildings to the public street. Buildings shall be designed in a manner that relates the building to the public street in order to protect the integrity of city blocks, present an inviting street front and promote traditional street patterns. In Design Districts 1 and 2, new buildings shall be built to the street property line. The Development Review Board may approve building locations, or portions thereof, that are set back from the street property line, provided, the Development Review Board finds the overall site layout to be in conformance with the City Center goals. The primary entrance to buildings shall be designed as such and shall be oriented directly on the public street rather than facing parking lots. The upper floors of taller buildings (i.e., floors 24 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 four (4) and up) may need to be "stepped back" or otherwise sited to avoid creating a "canyon" effect and to maintain a pedestrian friendly public edge. In all Design Districts, for existing buildings undergoing renovation, improvements shall be done to relate the building better to the public street. Such improvements could include the installation of doors and windows along the sides of the building facing the public street, or the construction of walkways between the building and street. The proposed buildings are both located at or near the street frontage, with room for the pedestrian plaza at Building 1. Both buildings also propose entries on the principal streets that they face. The Dorset Street entry for Building 1 has a single door. The east entry for Building 1 has a double door and windows on either side of the door. Building 2 includes multiple entries on the west facade as well as along the south facades. The Board finds that the standards to orient buildings to the street has been met. (h) Conceal rooftop devices. Rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design and materials of the building. Rooftop devices are screened on both buildings as described above. (i) Promote energy efficiency. Where feasible, the design of a building should consider solar energy and the use of natural daylight by capturing the sun's energy during the winter and providing shade during the summer. The south facade of both buildings include significant glass. Deciduous trees further support the energy efficiency of the buildings. (j) Pedestrian promenade along Market Street. This criterion is not applicable to the subject application. 11.02 Site Design for City Center Design Review District A. Landscape and plantings. Significant trees and vegetation should be preserved in its natural state insofar as practicable. Any grade changes should be in keeping with the general appearance of neighboring developed areas. Landscape plantings and amenities shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for screening purposes. In particular, parking areas shall be well screened by berms, plantings, or other screening methods to minimize their visual impact. Planting islands shall be used to break up larger expanses of paved parking areas. 25 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 The landscape plan has been reviewed by the DRB in conjunction with the site plan standards of these regulations. Parking areas are proposed to be screened by buildings or landscaping. No significant landscape features exist on this nearly flat site. The Board finds these criteria met. B. Integrate special features with the design. Storage areas, machinery and equipment installation, service areas, truck loading areas, garbage and refuse collection areas, utility connections, meters and structures, mailboxes, and similar accessory structures shall be positioned in such a way to minimize visibility from the public street, existing or planned. Such features shall be incorporated within or designed as part of the building on the site, not added as an afterthought. HVAC equipment should not be pad mounted at grade. Utility connections shall be installed underground and utilities shall co -exist to the greatest extent possible. Service areas and similar features are proposed at the north and northeast of the site. The applicant has proposed screening and landscaping of these features from any public right-of-way. Dumpsters shall be enclosed. The project uses extensive landscaping and plantings throughout. Trash and recycling areas and the delivery area are well screened. The Board finds these criteria met. D. Accessible open space. When providing open space on a site, it shall be designed to be visually and physically accessible from the public street. Open space should add to the visual amenities of the vicinity by maximizing its visibility for persons passing by or overlooking the site from neighboring properties. If open space is intended for active use, it should include such elements as benches, shade trees, and refuse containers and be so designed to maximize its accessibility for all individuals, including the disabled, and encourage social interaction. The siting of open space on a lot shall also consider the potential impact of buildings, both existing and potential, on shadow casting and solar access. 26 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 The applicant proposes a pedestrian plaza between Buildings 1 and 2 along the new east -west street. The plaza includes seating in the form of three large seating planters, lighting, and a bicycle rack. The Board finds these criteria met. E. Provide efficient and effective circulation. With respect to vehicular and pedestrian circulation, special attention shall be given to the location and number of access points to public streets and sidewalks, to the separation of vehicles and pedestrians, to the arrangement of parking areas and to service and loading areas, and to the location of accessible routes and ramps for the disabled. Site design shall also provide for interconnections, both vehicular and pedestrian, between adjacent properties. As discussed above, the project has adequate circulation. F. Outdoor Lighting. Outdoor lighting shall be designed to be both aesthetically pleasing and functional. The lighting type or types shall be metal halide, compact fluorescent and/or induction lamps and shall be of a white color with a Color Rendering Index (CRI) of seventy (70) or greater recommended. Light fixtures shall be appropriately shielded to preclude glare and overall illumination levels should be evenly distributed. As discussed above, the project has adequate lighting, including lighting in the pedestrian plaza. G. Provide for nature's events. Attention shall be accorded to design features which address the affects of rain, snow and ice at building entrances and on sidewalks, and to provisions for snow and ice removal from circulation areas. As previously discussed, snow storage areas have been shown on the plan. The plans also make use of Low Impact Development Techniques for stormwater. H. Make spaces secure and safe. With respect to personal safety, all open and enclosed spaces should be designed to facilitate building evacuation, and provide reasonable accessibility by fire, police or other emergency personnel and equipment. The project layout effectively addresses vehicular and pedestrian access. As previously discussed, the plans have been reviewed by the Fire Chief. 1. Streetscape improvements. An applicant for new development shall be responsible for implementing streetscape improvements (e.g., sidewalks, street lighting, street trees, etc.) within the portion of the public street ROW directly fronting the parcel of land for which development is proposed. Such streetscape improvements shall be in accord with the specifications contained in the City Center Streetscape Design Guidelines. Streetscape improvements are discussed above under Streetscape Standards. OTHER — ROADWAY CONNECTION 27 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Based on estimates submitted by the applicant, and based on the direction given by the Development Review Board that the applicant construct the roadway connection to the easterly properly line, construction costs are estimated to exceed the road impact fees assessed to the property. The Board at its hearing on June 18 and pursuant to the Impact Fee Ordinance voted to: "recommend that the City Council, pursuant to Section 8 of the South Burlington Impact Fee Ordinance, approve a credit against any Road Improvement Impact Fee that the South Burlington Impact Fee Ordinance requires the Applicant to pay. This list includes a 20' southbound left turn lane, the pedestrian crossing, infrastructure north to south and east to west, the sidewalk along the new east -west road, parking and curbing for the new east -west road, drainage system for the new east -west road, road connection and street lighting, in an amount that equals the actual cost to the applicant of the in -kind contributions, as defined in the Impact Fee Ordinance, and only to the extent that the actual cost to the Applicant of the In -Kind Contributions does not exceed the total amount of any Road Improvement Impact Fee that the Applicant must pay." The City Council has subsequently approved these costs and a credit against the required impact fee to be paid. It is clarified herein that the Board recommends that the applicant be responsible for 25% of the cost of the pedestrian crossings (north to south and east to west). The applicant has agreed to contribute this in the form of construction of the east -west crossing, with supplemental contribution approved by the City Council. OTHER- PHASING The applicant has submitted plans proposing three phases for the project with respect to issuance of Certificates of Occupancy. Phase 1 would include Building 1, Phase 2 includes Building 2, and Phase 3 includes the roadway connection. The Board finds that two phases are appropriate: Phase 1: Completion of all areas described as Phase 1 on Sheet C1.10. Phase 2: Completion of all areas described as Phases 2 and 3 on Sheet C1.10. The plans shall be amended to reflect that the project will be constructed in 2 Phases. DECISION Motion by Michael Sirotkin, seconded by Bill Miller, to approve Final Plat Application #SD-13-13 of Malone Dorset Street Properties, LLC, 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 and final plat plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a final wastewater allocation prior to issuance of a zoning permit. 28 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 6. All lighting shall be shielded and downcasting. 7. The Board approves the following waivers of the Land Development Regulations pursuant to this application: a. Allow 10 feet of Building 1 to extend beyond the building envelope pursuant to Section 8.04(b)(2). b. Allow 15 parking spaces to be located within the building envelope and 16 spaces to be located partially within the building envelope pursuant to Section 8.04(D)(3). c. Allow a parking waiver of 21.2% or 73 spaces for a total number of spaces provided to be 344. d. Allow a setback for Building 1 to be 5 ft. from the City ROW for Dorset Street. e. Allow a setback for Building 2 to be 5 ft. from the City ROW along the new east -west street. f. Allow the canopy for both buildings as permissible within the five foot setback. 8. The applicant shall respond to and adhere to the comments provided by the Fire Chief where required by the Land Development Regulations. 9. The Dorset Street pedestrian entry shall remain unlocked and accessible during all hours in which the business is open. 10. 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. 11. Traffic throughout the PUD is to be two -directional, except where noted for service and delivery vehicles only. 12. The proposed development is estimated to generate an additional 164 weekday PM peak hour trip ends if there is a short order restaurant as proposed or an additional 127 additional PM peak hour trip ends if no short-order restaurant is included. 13. Prior to issuance of a Certificate of Occupancy for Building 1, the applicant must complete the infrastructure improvements currently detailed on Sheet C1.10, Phase 1 and all other elements of the plans contained within the area described as Phase 1. The financial obligations for the east -west pedestrian crossing are outlined in this Decision. 14. Prior to issuance of a Certificate of Occupancy for Building 1, the applicant shall install the foundation and erect the steel framing for Building 2. 29 C1Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 15. Prior to issuance of a Certificate of Occupancy for Building 2, the applicant must complete the infrastructure improvements currently detailed on Sheet C1.10, Phases 2 and 3, including the new east -west roadway connection to the eastern property line. 16. An umbrella approval is granted for Building 2. The uses of Building 2 shall be limited to the following: General office; retail services and short-order restaurant. If the Land Development Regulations change prior to the issuance of a zoning permit for Building 2 such that any of the aforementioned uses are no longer allowed in the applicable zoning district, then those uses which are no longer allowed shall no longer be approved. 17. This umbrella approval is conditioned on 417 parking spaces approved for the entire Planned Unit Development. 18. This umbrella approval is conditioned on a total of 164 additional PM peak hour vehicle trip ends for Buildings 1 and 2. 19. The applicant shall obtain approval from the Administrative Officer prior to any change of any tenant in Building 2. The Administrative Officer shall approve the proposed new tenant only if the proposed combination of uses fits within the limitations established in Conditions 17 and 18 above. In making his determination, the Administrative Officer shall utilize the parking standards contained in Tables 13-1- 13.6 of the Land Development Regulations. 20. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this proposed development will generate a maximum of 164 additional vehicle trip ends during the p.m. peak hour. 21. Upon the Development Review Board's approval of any development plan for the adjacent 150 Dorset Street property to the north such that said approval requires an access connection to the subject property as shown the approved plan, the applicant shall provide the adjacent property owner an access easement to the subject property in exchange for a similar access easement. 22. The applicant shall, upon receipt of the access easement referred to condition #21 above, remove the one (1) parking space and landscaped island to facilitate the construction of the shared access drive as shown on the approved plan. 23. Per Section 12.03.F(1) of the LDRs, the applicant shall submit record drawings showing pipe invert elevation, drainage structure rim elevation, pipe material, and final grading prior to the acceptance of the streets as public streets. 24. Hydrologic modeling shall be submitted to the Department of Public Works prior to the issuance of a zoning permit for Building 1. 25. The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site. 26. Prior to either the issuance of a zoning permit for Building 1 or a zoning permit for the start of utility or road construction, whichever shall first occur, irrevocable offers of dedication accepted by the City, with warranty deeds for all rights -of -way or easements for the new east -west road, utilities 30 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 (stormwater, sewer and water) and sidewalks, shall be recorded in the South Burlington Land Records. 27. Prior to start of construction of the improvements described in Condition 26 above, the applicant shall post two bonds (or letters of credit or escrow agreements) which cover the cost of said improvements. The first bond, letter of credit or escrow agreement shall be in the amount of $137,250 for the new east -west road connection. The second bond, letter of credit or escrow agreement shall be in the amount of $111,084, to cover the applicant's share of the costs of the remaining public infrastructure. 28. The applicant shall post a $5,400 landscaping bond for the street trees prior to either the issuance of the zoning permit for Building 1 or the zoning permit for the start of utility or road construction, whichever shall first occur. This bond shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 29. The applicant shall post a $34,430 landscaping bond for site plantings prior to either the issuance of the zoning permit for Building 1 or the start of utility or road construction. This bond shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 30. In accordance with Section 15.14 of the South Burlington Land Development Regulations, within 14 days of completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as built" construction drawings certified by a licensed engineer. 31. Street trees must be in place along the street prior to adding the final layer of the pavement. 32. The final plat plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a. The plans shall be revised to amended to reflect that the project will be constructed in 2 Phases as described above. 33. Any changes to the final plat plan and site plan shall require approval of the South Burlington Development Review Board. 34. The final plat plan (survey plat & sheet #C1.02) shall be recorded in the land records within 180 days or this approval is null and void. The final plat plan shall be signed by the Board Chair or Clerk prior to recording. Prior to submitting the final plat plan for recording, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 35. The mylar shall be recorded prior to any zoning permit issuance. 36. The applicant shall obtain a zoning permit for Building 1 within six (6) months of this approval. 31 CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc #SD-13-13 Tim Barritt—yea/nay/abstain/not present Mark Behr — ea nay/abstain/not present Art Klugo— ea nay/abstain/not present Bill Miller—yea/nay/abstain/not present Michael Sirotkin- ea nay/abstain/not present Motion carried by a vote of 4 — 0 — 0. Signed this 17th day of July 2013, by Digitally signed by Mark C. Behr Mark C. Behremail= ark@r Behr, o,ou, email=mark@rhbpc.com, c=US Date: 2013.07.17 06:40:16-04'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontoudiciarV.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 32 C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting Decisions\SD_13_13_192DorsetStreet_Malone_final_ffd (1).doc