HomeMy WebLinkAboutSD-13-16 - Decision - 0155 Dorset Street#SD-13-16
CITY OF SOUTH BURLINGTON
UNIVERSITY MALL
155 & 205 DORSET STREET
PRELIMINARY & FINAL PLAT APPLICATION #SD-13-16
FINDINGS OF FACT AND DECISION
University Mall, LLC, hereafter referred to as the applicant, is requesting preliminary and final plat
approval to amend a previously approved planned unit development consisting of a 704,983 sq.
ft. GFA shopping center complex with 618,605 sq. ft. of GLA including a drive-in bank facility.
The amendment consists of: 1) razing an existing 4,000 sq. ft. building, 2) relocating an existing
352 sq. ft. ATM building, and 3) constructing a 6,000 sq. ft. building for shopping center use,
155 & 205 Dorset Street.
The Development Review Board held a public hearing on June 4, 2013. Heather Tremblay and
Sheila McIntyre represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. University Mall, LLC, hereafter referred to as the applicant, is requesting preliminary and
final plat approval to amend a previously approved planned unit development consisting of
a 704,983 sq. ft. GFA shopping center complex with 618,605 sq. ft. of GLA including a drive-
in bank facility. The amendment consists of: 1) razing an existing 4,000 sq. ft. building, 2)
relocating an existing 352 sq. ft. ATM building, and 3) constructing a 6,000 sq. ft. building for
shopping center use, 155 & 205 Dorset Street.
2. The owner of records of the subject property is University Mall, LLC, c/o Finard Properties
and 205 DS, LLC
3. The application was received on May 9, 2013.
4. The subject property is located in the Cl-R12 Commercial Zoning District.
5. The plans submitted consist of a 10 page set of plans, page one (1) entitled "Existing
Conditions Plan 205 Dorset Street University Mall 155 Dorset Street South Burlington
Vermont", prepared by Summit Engineering, Inc, and dated 5/9/13.
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMall_preIimFinal_ffd.doc
i
#SD-13-16
Zoning District & Dimensional Requirements
C1-1112 Zoning District
Required
Existing
Proposed
Min. Lot Size
40,000 SF
—51.7 acres
Approx 52 acres
Max. Building Coverage
40%
31.2%
31.4%
• Max. Overall Coverage
70%
75.0
74.9%
• Min. Front Setback
50 ft.
6 ft.
17 ft., 15 ft.
� Min. Side Setback
10 ft.
10 ft.
10 ft.
4 Front Yard Coverage
30%
41.2%
41.0%
V Zoning Compliance
4 Pre-existing non-compliance:
• the existing lot coverage at the University Mall property is 75%. The proposed
application results in a lot coverage of 74.9%, or slightly less. Green space is
proposed to increase by 3,580 sq. ft. for the overall PUD. The Board grants the
proposed modification.
• The existing building at 205 Dorset is setback six (6) feet. The applicant is proposing
to locate the new building set back to 17 feet, and the relocated ATM structure to
15 feet. This is consistent the last approved building on the site (Vitamin Shoppe,
at 16') and results in a front yard setback waiver of 33 feet for the building and 35
feet for the ATM structure. The applicant is proposing to continue a 15 foot
landscape buffer between the building and Dorset Street, which exists along the
Vitamin Shoppe building. The Board grants this waiver as it is consistent with the
existing built environment, helps to create a pedestrian environment along the
west side of Dorset Street, and is complementary to existing and proposed land
uses on the east side of Dorset Street.
• The existing front yard coverage is 41.2%. The applicant is proposing a front yard
coverage of 41.0%. The new building is being pushed back from the road to be
consistent with existing structures. The Board grants the proposed placement.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions
shall comply with the following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
2
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMal l_prelimFinal_ffd.doc
#SD-13-16
According to Section 15.13 of the South Burlington Land Development Regulations, the existing
public water system shall be extended so as to provide the necessary quantity of water, at
acceptable pressure.
The proposed project is already served by water and sewer. The applicant has indicated that no
additional water or wastewater allocation will be needed for this project.
(A)(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.
The applicant has submitted a grading and utility plan.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
Access to the subject portion of the overall lot is proposed via an 18' wide, one -directional in -only,
curb -cut off of the southernmost access drive to the University Mall property. This curb cut is
proposed to be located approximately 120 feet west of the Dorset Street intersection. The curb
cut would replace an existing two-way access located only 60 feet from the Dorset Street
intersection. Egress from this area of the property is available via the overall mall parking lot and
access drives, as are additional entries.
The applicant is proposing a series of new sidewalks to improve pedestrian access to the subject
property and the overall University Mall. These include:
• A new 5 foot sidewalk along the north side of the U-Mall entrance drive from Dorset Street
to the subject property entry curb cut;
• Replacement of a sidewalk on the north side of the proposed building and connection to
adjacent sidewalks in the "park" area along Dorset Street; and
• A new sidewalk from Dorset Street to the relocated ATM structure.
Following recommendation the Director of Public Works, the Boards find the vehicular and
pedestrian access management & circulation acceptable and an improvement over current
conditions.
The proposed use of the new building is "Shopping Center," consistent with the remainder of the
University Mall property. As the use of the subject property will be changing from an approved
umbrella permit (approved 18 pm peak vehicle trip ends) to a shopping center (ITE Land Use Code
820, estimated 22.26 pm peak vehicle trip ends), the proposed use is estimated to generate an
additional 4.26 additional pm peak hour trip ends. The applicant shall pay traffic impact fees based
on this increase.
3
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMall_prelimFinal_ffd.doc
#SD-13-16
(A)(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.
There are no wetlands, streams, or wildlife habitat on the site. The subject property is in a dense,
urban area and is not identified on the Open Space Strategy.
(A)(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.
The proposed building is compatible with surrounding and planned development patterns along
the commercial corridor of Dorset Street. As noted above, the setbacks for the proposed
structures are consistent with the most recently constructed building on the site (Vitamin Shop)
and complement the existing and planned buildings on the east side of Dorset Street. Further, the
proposed building will have an entry directly facing the Dorset Street / University Mall access drive
corner.
(A)(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.
The proposed project will replace an existing 60-foot wide parking area adjacent to Dorset Street
with a building that is directly connected to the linear green space along the front of the University
Mall. Green areas will also be established on the west side of the building.
(A)(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.
The Fire Marshall has reviewed the plans and found them acceptable, with minor field
modifications possible during construction to meet fire truck turning radii. Such changes will not
affect landscaping or parking.
(A)(8) 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.
The plans provide a safe access to Dorset Street and the mall entrance drive via the internal
circulation. As previously mentioned, the new sidewalk will aid in fostering increased pedestrian
accessibility to the site. Stormwater is managed via the overall University Mall system. See below
for a discussion of landscaping.
4
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMal l_prelimFinal _ffd.doc
#SD-13-16
(A)(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.
The City Engineer / Director of Public Works has reviewed the plans and finds them acceptable.
The Board agrees.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Board finds the proposed project and PUD is in conformance with the South Burlington
Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A) (6) of the Land Development Regulations, any PUD shall require site
plan approval. Section 14.06 establishes the following general review standards for all site plan
applications:
(8)(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
The proposed building replaces an existing structure on the site. The proposed 1-story building will
have a larger footprint, eliminating an existing parking area adjacent to Dorset Street and instead
creating a direct connection from building to open space. A paved sidewalk accesses the building
from the sidewalk along Dorset Street, providing for pedestrian access to the proposed building.
The Board does not require any changes to the parking layout or pedestrian accessibility interior to
the site.
Based on 624,457 square feet of gross leasable area, the site will require 3,435 parking spaces.
3,149 parking spaces are provided on site. Therefore, the applicant is requesting a parking waiver
of 286 spaces, or 8.4%. Staff fully supports this waiver. The Board finds that the parking on site will
be adequate given the multitude of uses on the site, presence of multiple CCTA routes in and
adjacent to the property, and the central location of the property.
Chapter 14.06 of the South Burlington Land Development Regulations states the following:
(8)(2) 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.
5
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMall_preIimFinal_ffd.doc
#SD-13-16
(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.
(t) The parking area is necessary to meet minimum requirements of
the Americans with Disabilities Act;
(11) The parking area will serve a single or two-family home;
(iii) 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 newly proposed parking is in full compliance with these standards, with all parking located to
the rear of the new building. This standard can only reasonably be applied to the portion of the
site proposed for construction, and not the entirety of the PUD.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees,
residents, and visitors to the site. A bicycle rack pad is proposed mid -way between the Vitamin
Shop and the proposed building. The Board finds this to be acceptable to serve the new building.
(B)(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or adjoining buildings.
The scale of the proposed buildings is compatible with the site and existing buildings in the area.
The height of the proposed building is to be under the 35' height maximum for the City.
6
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMal l_prelirnFinal_ffd.doc
#SD-13-16
(B)(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(C)(1)The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive
transitions between buildings of different architectural styles.
The application includes architectural elevations. The building is designed with a primary entry at
the corner of Dorset Street and the University Mall access drive. The building as proposed will
complement existing and proposed development through its architecture and use of similar
materials, including brick, to those in the vicinity.
The applicant has proposed to have a minimum 60% of overall street level glazing shall be clear
glazing and a minimum of 50% of street level glazing facing Dorset Street shall be clear glazing (all
calculations exclude clerestory windows).
The applicant has proposed to have all proposed exterior doorways operable (entry and exit)
during all hours of operations.
(C)(2) 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 that the proposed structure complies with this standard. The plans include entries
accessible to Dorset Street and to the University Mall, building materials that are consistent with
existing and proposed buildings along Dorset Street, and connectivity to existing green space on
the property.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the Land Development Regulations:
(A) The reservation of land may be required on any lot for provision of access to abutting
properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of
collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
The subject PUD and overall parcel is well-connected to additional parcels in the area; there is
adequate access between the buildings located within the PUD.
VA
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMall_prelirnFinal_ffd.doc
#SD-13-16
(8) 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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(C) All dumpsters and other facilities to handle solid waste, including compliance with any
recycling or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s).
The plans depict proposed dumpsters and recycling facilities for the new building, adequately
screened.
Landscaping
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 budget requirements are to be determined pursuant to Section 13.06(G) (2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
The applicant has submitted a landscape plan and budget. The planting schedule and costs were
prepared by landscape designer Doug Weber of Summit Engineering. Based on the value of the
new building, a minimum of $14,427.80 is required. The applicant is also proposing to remove a
series of shrubs and trees (Norway maple and Norway spruce). Replacement for the estimated
value of these - $3,134 — is added to the minimum required landscaping, totaling $17,561.80. The
applicant has proposed a minimum value of $19,939.32.
Included among the proposed landscape plan are seven (7) deciduous trees: three (3) Shadblow
Serviceberry and four (4) Liberty American Elm.
Following recommendation from the City Arborist, the Board finds the plans acceptable.
Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must
be shown on the plans. The application includes snow storage areas.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
8
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMal l_prelirnFinal_ffd.doc
#SD-13-16
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
No new light standards are proposed. All lighting on the building shall be shielded and
downcast.
Other
The lot at 205 Dorset Street has not previously been reviewed as part of the overall University
Mall PUD. This application proposes to incorporate this portion of the lot into the PUD and
share parking, access, and other components of a planned unit development. The property at
205 Dorset Street will retain its own legal parcel within this PUD. The Board finds this acceptable.
DECISION
Motion by Tim Barritt, seconded by Bill Miller, to approve Preliminary and Final Plat Application
#SD-13-16 of University Mall, 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 plat submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
3. The Board grants a front yard setback waiver along Dorset Street of 35 feet for the
proposed ATM building and 33 feet for the proposed new building.
4. The applicant has brought the overall coverage from 75.0% to 74.9% and front yard
coverage from 41.2% to 41.0%. The Board grants an overall lot and front yard coverage
waiver along Dorset Street as described.
5. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the new building at 205 Dorset
Street use will generate an additional 4.26 vehicle trip ends during the P.M. peak hour.
6. The Board grants parking waiver request of 294 spaces or 8.4%for a total of 3,149 spaces
provided.
7. All lighting shall be shielded and downcast.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
9
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UM aII_prelirnFinal_ffd.doc
#SD-13-16
9. The applicant shall adhere to the comments of the South Burlington Fire Chief to assure fire
truck access through the curb cut to the new building.
10. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of
the Land Development Regulations or this approval is null and void.
11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior
to use and occupancy of the new building.
12. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
13. The final plat plan (Sheet S1) 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.
14. 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.
15. The mylar shall be recorded prior to permit issuance.
16. Prior to permit issuance, the applicant shall post a $14,427 landscaping bond. This bond
shall remain in full effect for three (3) years to assure that the landscaping has taken root
and has a good chance of survival.
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
Motion carried by a vote of 5 — 0 — 0
Signed this 5th day of June 2013, by
Digitally signed by Mark C. Behr
Mark C. Behr emem cn=Mark C. Behr, o, ail=mark@rhbpccom,c=US
Date: 2013.06.05 10:38:11-04'00'
Mark Behr, Chairman
10
C:\Users\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_UMall_prelimFinal_ffd.doc
I
#SD-13-16
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://vermontmudiciary.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.
CAUsers\Mark\Documents\South Burlington DRB\6.4.13 Meeting Decisions\SD_13_16_155-
205DorsetSt_U Mall_prelirnFinal_ffd.doc