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HomeMy WebLinkAboutSD-13-41 - Decision - 0222 Dorset Streetr oV_41,IC/, southburfington PLANNING & ZONING CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MALONE DORSET STREET PROPERTIES, LLC 200 and 222 DORSET STREET, 59 GARDEN STREET PRELIMINARY & FINAL PLAN APPLICATION #SD-13-41 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-13-41 of Malone Dorset Street Properties, LLC to amend a previously approved planned unit development consisting of: 1) 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, 2) a 12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The amendment consists of: 1) resubdividing the lots into three (3) lots, and 2) site modifications including lighting, and architectural revisions to buildings #1 & #2 ,200 and 222 Dorset Street & 59 Garden Street. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 'The applicant seeks to amend a previously approved planned unit development consisting of: 1) 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, 2) a 12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use 1) resubdivide the lots into three (3) lots, and 2) site modifications including lighting, and architectural revisions to buildings #1 & #2 ,200 and 222 Dorset Street & 59 Garden Street. 2. The owner of record is Malone Dorset Street Properties, LLC. The subject property is located in the Central District 1 Zoning District and City Center Design Overlay District 1. 4. The application was received on December 3, 2013. The application included a 28 page set of plans, the cover sheet of which is entitled, "Subdivision Preliminary & Final DRB Review and Site Plan Revisions for: 200 Dorset Street, 59 Garden Street, and 222 Dorset Street", prepared by DeWolfe Engineering Associates et al, and dated October 18. 2013. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com SD-13-41 The proposed amendments to the project are individually and cumulatively relatively minor. Only the key details of the proposed amendments under each facet of subdivision and site plan review are covered herein; all other aspects of the plans remain as previously approved. There were no concerns raised in the sketch plan review for these amendments. The only changes since then are updated landscaping costs (required minimum $34,300, proposed $38,670), and revised trip estimates for peak hour traffic flow (prior estimate 164 peak hour vehicle trips, new estimate 161). All other proposed amendments are as seen in sketch plan review. The traffic estimates are revised to reflect a different mix of land uses than proposed previously. Building #1 will remain as before, with 12,800 sq ft of retail space. Building #2 had been approved for 7000 sq ft of retail and 7000 sq ft of second floor office space; or 4000 sq ft of retail, with a 3000 sq ft short order restaurant and 7000 sq ft of second floor office. Proposed now is 14,000 sq ft of retail space. This was discussed at sketch plan review and is noted below as well. All dimensional requirements remain "as is" within the PUD as a whole, just on separate lots. The street was already subject to an irrevocable offer of dedication to the City, and under certain state rules, could by itself have created a "natural subdivision" of these lots. A "Notice of Conditions" will be required that the three (3) lots will be considered one (1) lot for planning and zoning purposes. The landscape plan itself (as previously approved) shows more trees to be planted than the planting list submitted with this application. Correspondence with the applicant indicates that they will adjust upward the planting list and costs, the result being that they will comply with the original plan, and are spending more than required under the LDRs. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS CD 1 Zoning District Required/Max Existing (Approved) Proposed (PUD) Min. Lot Size none 5.8 acres 5.8 acres Max. Building Coverage 40% 19.0% 19.0 % Max. Overall Coverage 90% 74.7% 74.7% Front Setback (Dorset Street) See below 5 ft. 5 ft. Front Setback (New Street) See below 5 ft. 5 ft. Side Setback See below 5 ft. 5ft. Max. Building Height 35 ft. 27 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 Page 2 SD-13-41 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. 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. (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. 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, Page 3 SD-13-41 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). 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, (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. 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. 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 Board finds these criteria satisfied. Page 4 SD-13-41 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. (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. (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. (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 facade. (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. (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 (90016) 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. (4) Density in Central District 1: The base maximum density of development shall not exceed an F.A.R. of O.S. 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. Page 5 All are as previously reviewed and approved. The Board finds these criteria satisfied. SECTION 11- CITY CENTER DESIGN REVIEW OVERLAY DISTRICT Below is a list of the building design changes proposed. Building #1 Revisions: • 'Sills' changed from concrete material to granite material (see 3.1 elevation plans) • Minor adjustment to building dimensions from 142'-0" by 90'-0" to 142'-0-5/8" by 90'-0-1/8" reflecting actual brick sizes. • Add painted steel overhead coiling door and heavy metal door locations to loading & service area at north side of building (see building plan and elevation drawings) • The addition of another window to the 2nd floor Dorset Street Facade. Building #2 Revisions: • Building fenestration adjustments (tall glazing at SW corner; display windows; clear glass with applied window film to coordinate with shelving, and 1st level windows are taller (see plans and elevations) • Minor adjustment to building dimensions from 125'-0" by 56'-0" to 125'-4" x 56'-0" to reflect actual brick sizes. • Building mounted lighting and signage — additional building mounted lights and signage per Pier 1 design. • Additional awnings included — per plans and elevations • Awning color surrounding building #2 will be black • Painted steel overhead service door and heavy metal door added on east elevation • Number and location of doors revised per plans and elevations • 'Sills' changed from concrete material to granite material (see 3.1 elevation plans) • Building height is being increased by three (3) feet to 28 ft. F. Criteria for Approval. Prior to granting design plan approval, the Development Review Board shall find that any development or activity specified in Section (D) above 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. (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. Specific requirements for each Design District are as follows: Page 6 SD-13-41 (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 unacceptable materials include vinyl siding, metal skin, synthetic stucco and laminated wood (e.g., T- 111). (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. (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. (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. (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. Specific requirements for each Design District are as follows: (i) 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. (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 land 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 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 Pare 7 SD-13-41 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. (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. (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. (j) Pedestrian promenade along Market Street. In Design District 1, the provision of a covered pedestrian promenade along Market Street is required in order to protect pedestrians from inclement weather and promote walking. Any pedestrian canopy, or portion thereof, that is proposed to be located within or encroach into the public R.O.W. shall meet the specifications identified in the City Center Streetscape Guidelines. An applicant may elect to incorporate a covered pedestrian promenade as a component of the building and completely on the applicant's property, provided the promenade is at least 10 feet high and 8 feet deep. The Development Review Board may waive the requirement for a covered pedestrian promenade or canopy on a building or portion thereof if the Development Review Board finds that the block on which the building is located is adequately covered by other existing promenades/canopies. 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. 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. C. Walls, fences or other screening features: Such elements, if used, shall be employed in a skillful manner and in harmony with the architectural context of the development. Such features should be used to enhance building appearance and to strengthen visual linkages between a building and its Page 8 SD-13-41 surroundings. 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. 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. 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. 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. 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. 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. The Board finds these criteria satisfied for the proposed amendments. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlinizton Land Development Reizulations. PUDs shall comDly with the following standards and conditions (paraphrased): A. General Standards (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. Page 9 SD-13-41 (2) 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. (3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. (4) 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. (5) 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. (6) 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. (7) 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. (8) Roads, recreation paths, storm water 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. 15.12 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. 15.12 E. Standards for Construction of Roadways (1) All streets shall be constructed completely by the applicant. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds these criteria satisfied. SITE PLAN REVIEW STANDARDS Below is a list of changes proposed to the site plan: Civil / Site Changes: • Relocated transformer to "As -built" location • Revised sewer location due to field conditions • Adjusted building dimensions • Adjusted doors and awning/canopy locations on building #2 • Adjusted water line location to coordinate with interior layout • Adjusted underground utilities to coordinate with interior layout Page 10 SD-13-41 • Re -graded sidewalks for relocated HC spaces • Re -graded east side of building to accommodate new doors (man and overhead) • Added new landing and stairs to accommodate new door at southeast corner • Added new dumpster pad and re -graded as necessary • Update interior island calculations Page 3 of 4 Landscape Revisions: • Added dumpster/recycling area for I building #2 in parking lot island. The dumpster/recycling service area will be screened with a screen fence similar to the approved building #1 dumpster/recycling area screen. • Minor sidewalk modifications due to updated building #2 pedestrian entries. • Minor planting (shrub and perennial) adjustments to respect updated walkway alignments, building entries, and building elevations. Added (1) shrub to the overall total (reflected in the cost estimate). Minor perennial adjustment too but those do not count for the estimate. • Adjusted bike rack location on north east corner of Pier I building. • Lighting Revisions: • Revised site lighting in the parking lot area of building #1 and building #2. New overall average photometric levels 2.77 fc • Increased the number of building mounted lights per building #2 elevations. Adjusted fixture manufacturer for building mounted lights. Fixture look/style remains the same. (This was driven by electrical contractor to use one rep). • Minor adjustment to pole location adjacent to bio Swale island. Pole moved to accommodate added dumpster/recycling enclosure for building #2. • Added two poles to the lighting plan. One near the sidewalk west of the building #1 dumpster/recycling enclosure and another pole location along the center of the bio Swale island near the pedestrian bridge structure. Revisions to Site Plan Waivers A potential tenant has now been identified for the second building. This will change the use of the 2nd building to retail for both the first and second floors. The current approved project permit allows two possible mixtures of uses each with a slightly different parking waiver: A. 7,OOOsf retail on the first floor and 7,OOOsf office with a 16.1% parking waiver. B. 4,OOOsf retail & 3,000 short order restaurant on the first floor with 7,OOOsf office on the second floor with a 21.2% parking waiver. The proposed revised use (all retail) requires a parking waiver that falls between the two currently approved waivers: C. 14,OOOsf retail on both the first and second floors with an 18.6% parking waiver. This represents a 63 space short fall with 271 spaces provided. The Board finds the existing parking waiver does not need to be modified. 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: Page I I SD-13-41 (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. (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, 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. (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. (c) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (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. (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. The Board finds these criteria have been met for the proposed amendments. Page 12 SD-13-41 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. (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. (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). (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. Landscaping plans have been revised; more than the minimum required cost is proposed. 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 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 now proposes a minimum of $38,670 in landscaping. The Board finds these criteria satisfied. DECISION Motion by Bill Miller, seconded by David Parsons, to approve preliminary and final plan application #SD- 13-41 of Malone Dorset Street Properties, LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 3. All new exterior lighting shall consist of downcast, shielded fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. Page 13 SD-13-41 4. For the purposes of the Land Development Regulations, all three (3) lots shall be considered one (1) lot. For the purposes of the Sign Ordinance, the Garden Street lot shall serve as a division between the two (2) adjoining lots. Prior to recording the final plat plans, a "Notice of Conditions" document shall be recorded in the land records to this effect which shall be approved by the City Attorney prior to recording. 5. The applicant shall obtain a zoning permit for within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 6. A digital PDF version of the full set of approved final plans shall be delivered to the Administrative Officer before any zoning permit may be issued for the subject property. 7. The final plat plans (survey plat & sheet C1.02) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, 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. 8. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Michael Sirotkin — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present Jennifer Smith -- yea nay abstain not present David Parsons -- yea nay abstain not present Motion carried by a vote of 5 — 1 — 1 rhr �~ ( Signed this " day of ! r'+P►��I C �,y' 2014, by Tim Barritt, Chair 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://vermontjudiciary.org/GTC/environmental/defauIt.aspx for more information on filing requirements, deadlines, fees and mailing address. Page 14 SD-13-41 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. Page 15