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HomeMy WebLinkAboutBATCH - Supplemental - 0155 Dorset Street (2)C November 14, 2016 205 DS, LLC. c/o Heather Tremblay University Mall 155 Dorset Street So. Burlington, VT 05403 Re: Authorization for Release of Letter of Credit BPB #731 — #SP-13-16 Dear Ms. Tremblay: Please be advised that the City of South Burlington hereby authorizes the release of the above referenced Letter of Credit at Boston Private Bank Trust Company required for landscaping improvements pursuant to the terms therein. The Escrow was for a total amount of $14,427 Should you have any questions, please feel free to contact us. Sincerely, Thomas Hubbard City Treasurer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com MEMORANDUM TO: Tom Hubbard, City Treasurer � T FROM: Raymond J. Belair, Administrative Officer DATE: November 14, 2016 SUBJECT: Release of Letter of Credit — #SP-13-16 — 205 DS, LLC The applicant's request for the release of the above -listed Letter of Credit agreement has been reviewed for the following project: Landscaping - #SP-13-16 The surety is presently: $14,427. The purpose of this release is that the developer has met his obligation to maintain this amount for three (3) years. A site visit has confirmed that all the planting material is in place and alive. Please complete and sign the enclosed form authorizing the financial institution to release the funds in Escrow. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com l �o ► A1111i southurlington PLANNING & ZONING MEMORANDUM TO: Tom Hubbard, City Treasurer FROM: Raymond J. Belair, Administrative Officer DATE: November 6, 2013 SUBJECT: Establishment of Letter of Credit Account for Project # SDA3-16 Pursuant to the above -listed approval by the city's Development Review Board (DRB), the applicant has established a Letter of Credit account. The documents have been prepared using legal documents prepared by the City Attorney. The amount included in this Letter of Credit account has been verified and meet the requirements of the DRB decision. The amount of the surety is: $ 14,427.00 The surety is required to be maintained until 11-06-2016. Please complete and sign the enclosed three -party agreement authorizing the establishment of this Letter of Credit account. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com BOSTON PRIVATE BANK 0 TRUST COMPANY IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: BPB# 731 DATE OF ISSUANCE: 10/02/2013 EXPIRATION DATE: 10/02/2014 APPLICANT: ADDRESS: BENEFICIARY: City of South Burlington Attn: Ray Belair Zoning Department 515 Dorset Street South Burlington, VT 50403 Dear Sir Or Madam: 205 DS LLC 419 Boylston Street Suite 300 Boston, MA 02166 We hereby establish our Irrevocable Standby Letter of Credit Number BPB# 731 ("Letter of Credit") in your favor at the request and for the account of 205 DS LLC, available at our counters at Ten Post Office Square, Boston, MA by your draft drawn at sight on Boston Private Bank & Trust Company, up to an aggregate amount of Fourteen Thousand Four Hundred Twenty Seven and 00/100 US DOLLARS (US$14,427.00), effective 10/02/2013 and expiring at Boston, Massachusetts on 10/02/2014 unless extended as below. Payment of any draft drawn on us will be honored in accordance with the terms herein upon presentation of (a) the original Letter of Credit, accompanied by (b.) a writing from the Beneficiary, signed by a duly authorized individual, which states that "THIS DRAW IN THE AMOUNT OF U.S. DOLLARS ($ UNDER YOUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. BPB# 731 REPRESENTS FUNDS DUE AND OWING TO US UNDER THAT CERTAIN PERMIT BY AND BETWEEN 205 DS LLC AS APPLICANT, AND CITY OF SOUTH BURLINGTON AS GRANTOR." This Letter of Credit shall be automatically renewed without amendment on a continuous basis for a period of one (1) year on the above -stated expiry date and on each and every successive expiry date thereafter to a final expiry date of 05/01/2017, unless at least thirty (30) days prior to the then current expiry date, we notify you or the then current transferee or assignee hereof, as the case may be, in writing by certified mail, return receipt requested, that we elect not to renew the Letter of Credit. We understand that you shall be entitled to draw upon this Letter of Credit if we elect not to renew the Letter of Credit in accordance with (a.) and (b.) above and if you provide us with a dated statement signed by an authorized representative of the Beneficiary stating that the Applicant has failed to provide an acceptable substitute Letter of Credit. If any draft and the requisite documents are presented before expiration of this Letter of Credit, we will honor such draft drawn under and in compliance with the terms of this Letter of Credit upon presentation, and payment will be effected in accordance with any accompanying instructions on the same day if presentation is made before 10:00 A.M., Eastern Time, on that TEN POST OFFICE SQUARE • BOSTON, MASSACHUSETTS 02109 • TELEPHONE: (617) 912-1900 • FAx: (617) 912-4550 W W W. BO STONPRI VATEBANK. COM day. If presentation is made after 10:00 A.M., Eastern Time, then payment will be effected in accordance with any accompanying instructions before the close of business on the following day. Drawings under this Letter of Credit must bear the clause "Drawn under Boston Private Bank & Trust Company Letter of Credit BPB#731, dated 1010212013. " Any amounts available under this Letter of Credit may be drawn in its entirety or in portions and/or by negotiation. In the event that you elect to draw upon less than the full stated amount hereof, the stated amount of the Letter of Credit will be automatically reduced by the amount of such partial draw. Unless otherwise expressly stated, this Credit shall be subject to International Standby Practices 1998, UCC No. 590) and subsequent revisions thereof ("ISP98"), established by the International Chamber of Commerce, applicable on the date of this Letter of Credit. Very truly yours, BOSTON PRIVATE BANK & TRUST COMPANY BY: U t a �� Name: Willi . Watts III Title: Vice Nesident BY FEDERAL EXPRESS Ray Belair, Administrative Officer CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington, VT 05403 802-846-4106 P R O P E R T I E S November 5, 2013 RE: 205 Dorset Street, South Burlington, VT -- Site Plan Landscaping Letter of Credit Agreement Dear Mr. Belair, Enclosed please find three (3) original executed Site Plan Landscaping Letter of Credit Agreements signed by DEVELOPER and BANK. Kindly arrange for execution by MUNICIPALITY and return two (2) of the fully -executed originals to me. I will forward one (1) fully -executed document to BANK. Thank you for all of your assistance throughout this matter, and please do not hesitate to contact me for any reason. Very truly yours, D. Pau Koch, Jr. General Counsel DPK/sf Enclosures 205 ds Ilc sblc - landscaping agreement coverletter 20131105 FINARD PROPERTIES I.LC 419 Boylston Street, Suite 300 1 Boston, Massachusetts 02116 1 T: 617-892-8687 F: 781-892-86801 www. fin ardpropert ies. coin SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT THIS AGREEMENT, executed in triplicate between 205 DS LLC hereinafter referred to as "DEVELOPER", the City of South Burlington, herein after referred to as "MUNICIPALITY", and Boston Private Bank & Trust, hereinafter referred to as "BANK" WITNESSETH: WHEREAS, DEVELOPER has received final plat, site plan, and planned unit development amendment approval No. #SD-13-16 dated September 5, 2013 from MUNICIPALITY's Development Review Board for the development of a subdivision consisting of two (2) lots with related improvements, in a development to be known as 11205 Dorset Street, University Mall", as depicted on and in accordance with the specifications as set forth on the final overall site plan entitled "Overall Site Plan", dated May 9, 2013, last revised May 28, 2013, pr_epared by Summit Engineering Inc., and recorded at Map Slide CiM, of the Land Records of the City of South Burlington (the "Final Plat" herein) and as depicted on and in accordance with the specifications as set forth on a site plan entitled "Site and Landscaping Plan", dated May 19, 2013, last revised May 28, 2013, prepared by Summit Engineering Inc. (the "Site Plan" herein); WHEREAS DEVELOPER is required by said approvals, at its own expense, to complete the construction of the development site in accordance with the plans approved by the Development Review Board; WHEREAS the parties to this Agreement wish to establish a mechanism to secure the obligations of DEVELOPER.for the work as set forth below; and WHEREAS BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following installation (hereinafter referred to as the "Improvements") as depicted and in accordance with the specifications set forth in the Site Plan and related documents: a. See Plant Schedule on the plan referenced above. 2. DEVELOPER shall replace or repair any defective or SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT PAGE 1 OF 6 205 DORSET STREET, SOUTH BURLINGTON, VT improper work or materials which may be identified as such by MUNICIPALITY within three (3) years after completion of the Improvements (hereinafter the "Warranty Period"). For the purposes of this Agreement, "completion" shall be deemed to have occurred when MUNICIPALITY has inspected and approved the installation of the Improvements and issued written notice to Developer that the installation thereof is complete, and MUNICIPALITY agrees to makes such inspections and issue such notices without unreasonable delay. 3. Upon "completion," MUNICIPALITY shall promptly provide DEVELOPER and BANK written notice of completion and such notice shall specifically include the "completion date," which shall be the date of MUNICIPALITY's Certificate of Occupancy. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused BANK to issue its Irrevocable Letter of Credit ("Letter of Credit") in favor of MUNICIPALITY in the amount of Fourteen Thousand Four Hundred Twenty -Seven Dollars and No Cents ($14,427.00), the original of which is attached to MUNICIPALITY's copy of this Agreement, and a copy of which is attached to DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the Letter of Credit to automatically renew or otherwise be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of the Letter of Credit shall constitute a default of the terms of this Agreement. S. The Letter of Credit provides that the drafts drawn under the Letter of Credit must be accompanied by a written statement signed by a duly authorized agent of MUNICIPALITY, stating that in the judgment of MUNICIPALITY, DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn pursuant to the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the Improvements, or the repair or replacement thereof. Payment of each draft will be made at sight when presented to BANK by MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT PAGE 2 OF 6 205 DORSET STREET, SOUTH BURLINGTON, VT 6. If DEVELOPER shall be in default of this Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in Paragraph 4 above, MUNICIPALITY may notify BANK of such default and request payment of the remaining balance available on the Letter of Credit. Such notice shall be provided in accordance with Paragraph 5, above, with the exception that MUNICIPALITY shall be under no obligation to provide a statement that the funds to be drawn are in payment for, or in anticipation of payment for materials, labor and services required for completion of the Improvements, or the repair or replacement thereof. All funds drawn pursuant to this paragraph shall be held in escrow by MUNICIPALITY for the remaining duration of this agreement. At the termination of this Agreement, MUNICIPALITY shall refund all remaining amounts held in escrow, less any funds retained in payment for, or in anticipation of payment for materials, labor and services required for completion of the Improvements, or the repair or replacement thereof. In the event any funds are withheld by MUNICIPALITY, it shall provide DEVELOPER with a written statement stating that the retained funds were retained in payment for, or in anticipation of payment for materials, labor and services required for completion of the Improvements, or the repair or replacement thereof. 7. DEVELOPER and MUNICIPALITY hereby agree that the sum of Fourteen Thousand Four Hundred Twenty -Seven Dollars and No Cents ($14,427.00) shall be sufficient to secure DEVELOPER'S obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above - stated cost. Nothing herein shall relieve DEVELOPER from the obligation to pay any additional costs, if actual costs related to the Improvements or the Warranty Period exceed the amount secured by the Letter of Credit, after the time of completion. 8. MUNICIPALITY will promptly submit to DEVELOPER a copy of any draft it submits to BANK. The consent of DEVELOPER to payment of said draft by BANK to MUNICIPALITY under the Letter of Credit shall not be required. 9. MUNICIPALITY shall not file with BANK a statement of default until ten (10) days after written notice has been sent by MUNICIPALITY to DEVELOPER by certified mail, return receipt requested or by recognized SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT PAGE 3 OF 6 205 DORSET STREET, SOUTH BURLINGTON, SIT overnight delivery service (eg. Federal Express), setting forth its intention to do so. 10. All funds drawn on BANK by MUNICIPALITY pursuant to the Letter of Credit shall be used solely by MUNICIPALITY for the purpose of completing construction of the Improvements or the repair or replacement thereof. Any work contracted for by MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by MUNICIPALITY's own workforce and equipment, or shall be accomplished in such other manner as in the judgment of MUNICIPALITY shall accomplish the work more expeditiously and economically, consistent with good construction practices. 11. If payments are made by BANK to MUNICIPALITY pursuant to the Letter of Credit, and the parties subsequently discover that a portion of the monies drawn are in excess of MUNICIPALITY's needs then any such excess amount shall be refunded by MUNICIPALITY to BANK, to be credited by said BANK to the Letter of Credit. 12. This Agreement and the Letter of Credit shall terminate and shall be of no force and effect upon completion of the Warranty Period described in Paragraph 2, above. If MUNICIPALITY has not delivered any written notice to DEVELOPER of any defective or improper work or materials related to the Improvements within the Warranty Period, or if notice has been given and the defective work or materials have been corrected by DEVELOPER to the reasonable satisfaction of MUNICIPALITY then MUNICIPALITY shall forthwith notify BANK in writing that the Letter of Credit may be cancelled, and shall return the original Letter of Credit to BANK, and DEVELOPER shall be deemed to be released from all obligations hereunder. 13. BANK may not modify the Letter of Credit without first receiving written consent to the modification by MUNICIPALITY. 14. This Agreement shall not be amended or modified in any way except by written instrument signed by all signatories to this Agreement. 15. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action, or liability of any kind arising out of this Agreement or the issuance by BANK of the Letter of Credit, including SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT PAGE 4 OF 6 205 DORSET STREET, SOUTH BURLINGTON, VT attorney's fees, as long as BANK follows the terms and conditions outlined in the Letter of Credit. 16. Whenever by the terms of this Agreement notice, demand, consent, or other communication shall or may be given, the same shall be in writing and shall be sent by registered or certified mail, return receipt requested (postage prepaid) or by a recognized private express carrier (express charges paid by sender) to: DEVELOPER: 205 DS LLC, c/o Finard Properties LLC, 419 Boylston Street -- Suite 300, Boston, MA, 02116 with a copy to 205 DS LLC, c/o Finard Properties LLC, 419 Boylston Street -- Suite 300, Boston, MA, 02116,ATTN: D. Paul Koch, Jr., General Counsel; and MUNICIPALITY: City of South Burlington, 575 Dorset Street, South Burlington, VT, 05403, ATTN: Ray Belair, Administrative Officer BANK: Boston Private Bank & Trust, 336 Washington Street, Wellesley Hills, MA, 02481, ATTN: Art Zweil 17. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors, and assigns. DATED at Boston, Massachusetts, this day of Npit-J .2013. IN THE PRESENCE OF: By: Witn s 205 DS LLC DATED at Boston, Massachusetts, this day of 2013. IN THE PRESENCE OF: BOSTON PRIVATE BANK & TRUST BY Witness Duly Autho 'zed Agent SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT PAGE 5 OF 6 205 DORSET STREET, SOUTH BURLINGTON, VT DATED at ljb �Il� N Vermont, this day of/K/Uw2013. IN THE PRESENCE OF: Wit qh ss CITY OF SOUTH BURLINGTON Duly Authorized Agent 205 DS LLC SBLC - landscaping agreement v4.1 20131030 (SPF 2-clean) (final) SITE PLAN LANDSCAPING LETTER OF CREDIT AGREEMENT PAGE 6 OF 6 205 DORSET STREET, SOUTH BURLINGTON, VT south ,. . PLANNING & ZONING Permit Number SP-�- I (office use only) APPLICATION FOR SITE PLAN REVIEW X Administrative ❑ Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax ft University Mall LLC, c/o Finard Properties LLC, 155 Dorset Street, South Burlington, VT 05403, #(802) 863-1066 (p); #(802) 863-5836 (f) 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): Umall: Vol. 778, Pg 63; 205 3. APPLICANT (Name, mailing address, phone and fax #): University Mall, LLC (same as above) 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax Sheila McIntyre, Summit Engineering, Inc., 1233 Shelburne Road, C-2, South Burlington, VT 05403, #(802) 658-5588 (p) 4a. CONTACT EMAIL ADDRESS: smcintyre e,summiten vt.com 5. PROJECT STREET ADDRESS: 155 Dorset Street 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 21/0570-00155 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): Modify the previously approved sidewalk to the ATM building to be handicapped accessible; extend 5 ft wide sidewalk 15 ft and relocate ramp. b. Existing Uses on Property (including description and size of each separate use): An existing shopping center at 155 Dorset Street (704,983 sf footprint), and an existing commercial building and ATM building (2,793 sf footprint) at 205 Dorset Street. Modifications to the existing property as gpproved but not yet constructed per #SD-13-16. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): No change. d. Total building square footage on property (proposed buildings and existing buildings to remain): All existing buildings on the University Mall Parcel (155 Dorset Street) to remain including the approved relocated ATM. No changes proposed. e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): No change. f. Number of residential units (if applicable, new units and existing units to remain): No change. g. Number of employees (existing and proposed, note office versus non -office employees): No change. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Not applicable. 8. LOT COVERAGE Total Parcel Size: 52.07 ac / 2,268,365 sf Sq. Ft. a. Building: Existing 31.4 % / 711,337 sq. ft. Proposed no change % / sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing 74.9 % / 1,698,359 sq. ft. Proposed 74.9 % / 1,698,449 sq. ft. c. Front yard (along each street) Existing 41.0 % / 40,180 sq. ft. Proposed 41.0 % / 40,270 sq. ft. Site Plan Application Form. Rev. 12-2011 d. Total area to be disturbed during construction (sq. ft.) Proposed 100 sf in addition to the previously approved 22,000 * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ No change b. Landscaping: $ No change c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): No change 11. PEAK HOURS OF OPERATION: No change 12. PEAK DAYS OF OPERATION: No change 13. ESTIMATED PROJECT COMPLETION DATE: ATM and sidewalk Srin 2g 014. 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)1 regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee schedule. . M/l iM46 S � 4(/+,w l���r�l� NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. Site Plan Application Form. Rev. 12-2011 if accurate to the best of my knowledge. SIGNATURE OF APPLICA114T SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: W I' F R —VtzC--M&Lky PRINT NAME REVIEW AUTHORITY: ❑ Development Review Board Administrative Officer I have reviewed this site plan application and ind it to be: El complete Incomplete Administrative Officer Date 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. 4 Site Plan Application Form. Rev. 12-2011 south' PLANNING & ZONING October 28, 2013 Re: #SP-13-57 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) mnnth-. If you have any questions, please contact me. Sinc e Raymond J. Belair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com N/F UNIVERSITY OF VERMONT INTERSTATE 89 STATE OF VERM i I � N/F HORIZON HEIGHTS N #360 PEAR --------__--_ CUPOLA GOLF COURSE INC. t—I-89 SOUTHBOUND - — - — - — - — - — - - - — I-89 NORTHBOUND1'$ — AASELT.I �--� NF PURDY \ \' 17 EXISTING NOIS WALL ---1.}f�-` -__--- 18 I.H. DISTj IC LOADING LOADING TROMBLEY�` Z1-- � -- --- --_,--�lR[� LOADING C 19 SHERIDAN \ \ \ 19 DRAAYEG.R �`. 7LOADING HANNAFORD'S ;e KOHL'S do YAN\ \ '\� \ AREA \ 1 /WALSH /N/F \\ `` \ 20 ROBBINS I / j 20 am 8 '�- D %7 121 1 III a -�_'`- UNIVERSITY MALL /—� EXISTING MALL STORES 1 1 HOME 19 N/FYlu 1 G \\ GOODS 19 JC PENNEY IU da CHUNG N/F COUTURE \ 1 15 34 QN 6 N/F �\ I 33 C19 JOPPE-MERCURE:132 \ 31 U201 1 N/F \ SHEPARD - \\ *\. \1 25 I/ IT 17 SAVER 1 1 15�10T \\ LOAn A ®- �3g 37 39 39 37 36 37 391�.' 37 9 33 32 20 20 3 O. D\ 21121 20 N/F 1 , `O 1 SEARS 18 13 17 oo-zb T \MARCHESSAULT 1AUTO to 1818 \C76 EVIC 11 9 9 a� 5 54 BEGIN \ OFF -RAMP \ /a a 20 6 6 3 3 3 SEARS STORE ((��7 \ LOADINC ` I —a 5 AREA 4 . 10 8 MALL ENTRANCE (� ) PARKING STRUCTURE BON —TON EXIT ONLY LOADING AREA Location LOT COVERAGE IN I.H.O. DISTRICT ALONG I-89: BUILDINGS: 33.937 SF = 8.8% PAVEMENT: 144,705 SF = 37.7% GREENSPACE: 205,268 SF = 53.5% TOTAL: 383,910 SF = 1007 FUTURE ACCESS APPROVED BY CITY \ BUT NOT CONSIRUCII"fA i I ,\ N/F LARKIN. TARRANT & HOEHL N/F i \ '\ N TE 7 11 PROPQSm 19 4 1 DATTILIO\\\ WADING --� 3 10 I 6 - \� 1 17 s16 KV 10 A A I BANK aPtr s N F I \,1 ( 1 74 7 r�-p,J 8 8 8 8 8 8 8 8 T 8 8 T99 DESA/RNO 1 ( ' 1 1s F%///.I I PROPOSED 115 9 2 I AN INC. University Mall and i Dorset Street Proposed Retail, Revised 10/24/13 PUD - Lot Coverage_ Total Area 2,268,366 sf = 52.07 acres Buildings: 707.776 sf Existing = 31.2% +3,561 sf Proposed 711,337 sf New Total - 31.4% Impervious: 994,163 sf Existing = 43.8% -6,981 sf Proposed 987,182 sf New Total = 43.5% Pervious: 566,427 sf Existing - 25.0% +3,420 sf Proposed 569,847 sf New Total = 25.1% GROSS LEASE AREA: Previously Permitted: 618,605 sf Proposed: 6,352 sf New Total: 624.957 sf I 'MCKENNAI REALTY iROBOUTEt� WOOD ORSET ASSOC. N/F SOUTH BURLNGTON REALTY CORP. N/F RW REALTY ASSOC. �o A40 TM DORSET STREET ASSOC. BURUNGTON INC. I BARNS & I N/F I N/F�O� ' 1 NOBLE 1 TEKRAM PARTNERS 1 GREER rr I I I I i i N/F N, Ati"J N/F OIL CO. r SOUTH BURUNGTON REALTY CORP. OWNERS OF RECORD: 205 DS LLC UNIVERSITY MALL, LLC / Lot Coverage in 50' Setback Along Dorset Street VOL. 992, PG. 217 VOL. 778, PG. 63 tY 419 BOYLSTON STREET C/O FlNARD PROPERTIES, LLC Buildings: 4,546 sf Existing SUITE 300 155 DORSET STREET PARKING +1,538 sf Proposed BOSTON, MA 02116 SOUTH BURLNGTON. VT 05403 Total spaces - 3,149 Spaces (or 5.03/1000sf GLA) 6,084 sf New Total = 6% 0.315 ACRE 51.76 ACRES Breakdown of 3,149 Spaces: Impervious: 35,861 sf -1,675 sf Existing Proposed J Relsard A)M Sbfrn+A: and C. -agv A4 A_ 15/?f/IJ 983 In Parking Structure 2.166 on site 34,186 sf New Total = 35% T RI -se r-eng Rov&l Ar Fl#-- MA ai AIM 5/ZB/IJ Pervious: 57,684 sf Existing I AL .d A''"W F4r*tod.uols wlr 5115/IJ +137 sf Proposed / Ak'tr9aV 9,41T 57,821 sf New Total - 59% SWWy OA7E � yf DTNPN OVERALL SITE PLAN 5/9/13 GRAPHIC SCALE y OUPSS DFH ORAIMNC NO. '�,' Q0 1. * "ten 205 DORSET STREET S1 q�y aH� y,'2� NPN SUMMIT ENGINEERING, INC UNIVERSITY MALL Engineers. Surveyors. Planners • Lenes—Arehft � p/EpYED SM e PRGL£CT NO. ( IN FEET) $IFL• 1233 Shelburne Road C2 5 DORSET STREET t loan' toax .sratE `-1 South Burlington, VT 05403 SOUTHH BURLINGTLINGTON, VERMONT LJ 1 OD' Bus. (802) 658-5568 Swra Auto s—k. Canter Ef C a 2 2 m o � ENTER n� I ONL+ 0 - r 208 I 205 Dorset Street Plant S h dd. 516113 Deckluous T Spy QtA ss. Lath Name Common Nan, AC 3 8-10' A .I—hPo oanod-1. ShaWo" S.Wcebe,y UA f 6- Ulmus amarkona Lbarty Amalcar Elm Shrub. Epy Qjy szm Lath Name Canman Nome CA 3 3 gal. C— Alba Red Stan 0.9—d EF 24 3 gd. 15 cn mus fatund r—dd and Gild &.o mus 1C 18 3 gal. hex globs 'C—Pocto' ca'. P-t Inkbe.y HV 1 5-6' H-11. *Vi-. Canman WRch—W SB f 3 Cal. Spk.o x bumdda :Anthony 61:terer' Spkw IB >—'DO NOT oar Slats 1 UA 1 UA 1 UA r— — CURB RAMP W �•HANDICAP ARIQNO SIGN PAD L 0-� PROPOSED No SIGNS r t NPll-tk,g Areas Currently Under Parement Shill Be Exrnwted To A Depth Of 3 Feet And FWW M1th A Suitable Planthg NN (loan a Sondy loan) To EetablM A SIR". Sod Volume To Support 71 G—M. a UG/ty o �✓' O u. O 7�D ° °o a °--- —------------------------------------- -- --- — Cunar.te Side k wity Easamant Utdlty Eovemw I I II II I 114 I I I II II f 1— N� � II I Pagu.H. I II I I II I II I�/�/ f / %0 I ..eeend _—__—__—Property L.He --- ------ --0— Easement Lb. L/ght P.M b Hyd t ® Manhole OG Cos Vdro Sign 03 Cable TV Box 11 Comets Monument F d ® Gate V.I. O kon P/pe F nil Catoh Bosh (®y fye'�7 �Y Ebthg Dxft— T e kJ ExAathg Cm7/erwls Tiw �N Exhthg Shn,ba E.Whg Cu b Propowd Curt O Why Easement 0v \ W l✓ U ® D 0 R S E T STREET o J R —,d Am 5'bbeak aW a—'gv m 6— f0%1!/YJ 1 R-6 d r—#w R.. r Ar E k— Yowl AW.. 5/29/TJ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — T Re,wd &"w F 4I—t —d Sob dAs 5116/11 REW..9'm DAME GRAPHIC SCALE 5TAP1£Y �� oT vE.qp DAT, NPN DESTcren SITE AND LANDSCAPING PLAN 5/9/19/13 DFH ORANfNG NO. IN FEW) QA * HEWITT * apAMv 205 DORSET STREET S2 I man - 20 N, avii° a ' NPN o 13UMMIT ENGINEERING, INC 6ngl ree e. Aa�eyaB. Pl.nner.. L.nd.a ArahR . UNIVERSITY MALL PRAkCT NO. ay 617 SM 1233 Shelburne Road C2 ---41E South Burlington, VT 05403 155 DORSET STREET SOUTH BURUNGTON, VERMONT 723e1 1"-20' Bus. (802) 658-5588 wend Property L*7. E-1 L111 O t1ght Pa. Hydrant M-W. OG c— V./. SIP, caw. TV Box O C--t. Monument F—nd Cote V.I. O Iran P*. F— E3 Ckh Bosh, EWthg D-i&,—. r— &wbg C ff— Tree EWthv Shrubs —,RV aiwg Contour p-p— Contour — — — Lknits Of Construction Sed/mentathn Control -It CatM Bash aMg 0.b Pr.p—.d Curb T- LUTS OF. CONSTRucnom TT v —VET UET "DO ROT Dffr SIGNS 2V z 300.3 E S— Auto SaW- C-t- 307.1 3OQ1.v CURB RAMP DETECTABLE WARWIG 307.5 PAR='= Sm" RAN CAP PROPOSED PROPOSED r I ler—w '— /'umpsnm NEW TV. ENCLOSURE AM SERMOt PAD pow.1t. + PROPOSED r— 43 PAINOW SKM RACK P 7 HANDIOAP I II 31t.0 PROPOSED WtAL STORES =.n MLARDS 31g SF E#01) SET IN .1.7 3111.0 + MO.4 — — — — — — — — — - — -WFUIEW 7H OONCRETE F"FE 1.5 PAD, WIM" UfFity EX51W GRAM Easement 1.6 M.0II - Al O2- j UtYlty ------- ---- --------- j L--- 1 �—4 3'10,7 OF, 31OL14 f A9 UL41TS OF CMSTRUCMON 4- rdk Utilty E— nt UET Al,- _UET —UEr--4-�UET UET UET @ utflity E—ant NEW WATER w !tv— SD TO CONNECT TOSo —So EASIM SERWES SD — — — — — — — — —- — — — — — — — — — — — — — — — — — — — — — — — — — — — — -0*— a— X0 OR SET STREET -,ir ss ss— ss J�—Ss— SS E)QSTm an SERIAM TO K j Reseed AIN &W—and C--We AU,.b— RETMRED 2 Rsuv T—A, RomAr M—d AM. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - Rived GRAPHIC SCALE Or REMW eo 0 1. IWWY PARE DAT, NPN F11.611 111 1 GRADING AND UTILITY PLAN 5/9/13 FH WON& 1 �h 20 ft. ZWAWD9R,4WN0 NO. 205 DORSET STREET No. 747a S3 CIVIL NPN SUMMIT ENGINEERING, INC 0*-Cxw �90-6 - Surveyors- Planners- L—& p. A-- UNIVERSITY MALL _0 sm 1233 Shelburne Road C2 155 DORSET STREET 11 sate South Burlington, VT 05403 SOUTH BURUNGTON, VERMONT :r7L 1 1"-2 Be.. (802) 658--5588 1 @ CONCRETE CAP $" B/ ACK ROUNDED SMOOTH 6' DIAMETER STEEL © ?x,� 4 AND Zxs PIPE RERF WITH CQVCRf7E T FINISH GRADE SUITABLE BACKFIIL m E CONCRETE BASE CNNOSTURBED SOIL F CONCBETB-FILLED STEEL BOLLARD N T.S L^^ N ROADWAY AREAS REPLACE BITUMINOUS PAVEMENT AND GRAVEL BASE (COVPACi1D TO 95.T STANDARD PROCTOR) TO MATCH EXISTING CONU77ONS UNLESS DIRECTED O HERNSE 1 COMMON FILL MATERIAL _ COAPACTION REQUIREMENTS (STANDARD PROCTOR METHOD) BOX OF MAXIMUM DENSITY WHEN TRENCH EXCAVATION OCCURS ON A CROSS-COUNTRY ROUTE 95% OF MAXIMUM DENSITY WHEN TRENCH EXCAVATION OCCURS IN TRAVELED WAYS COMPACTED IN 12' LIFTS CUSS n BEDDING MATERIAL (SAND) FOR WATER PIp& CONFORMING 10774 TABLE 704,02 B OF THE VT. AO. T. "STANDARD SPECFICARONS FOR CLNS7RUCTIOV'. 2006 EDITION. IE GAZE ELEVATION N GREEN AREAS PROVIDE 6' MOUND ABOVE EXISTING GROUND FOR SETTLEMENT t. WATER LINE INSTALLATION AND TESTING B' A 2x4 /. BEFORE CONSTRUCTION F ANY UTILITIES IMPROVEMENTS, THE 2x6 NOTES CONTRACTOR SHALL NOTIFY TOWN OF SOUTH TN BURUNGTCN WATER 1. ALL WON' SHALL BE fA7ERIQ7 DEPARTMENT (SBWD) IN WRITING, OF THEIR INTENT TO PROCEED AND SHALL d GRADE, PRESSURE TREATED ARRANGE FOR A MEETING WITH THE DEPT., THE ENGINEER, AND THE 4.4 LUMBER, WITH MIN ONE COAT WEA7HER RESSTANT STAIN. CONTRACTOR TO DISCUSS THE PROJECT o a A n - Ix6 2. ALL NRE MESH, METAL POSTS, 2. ALL WATER LINE INSTALLATION, DISINFECTION AND TESTING SHALL BE IN PRECAST comaHARDWARE, AND FASTENERS SHALL FULL ACCORDANCE WITH 'SPECIFICATIONS & DETAILS FOR THE IIHEEL STA'$ 71P. 3 BE GAL VANIZED CONCRETE SMALLS BE 3, 000 Pg. DISTRICT LAST REVISED FEBRUARY, 20D7LATION OF WATER LINES & �µ�5•. BY CHAMPWN WATER d MIN. DEPTH 3'-8 , MIN. 6• CLEAR A ere ON ALL SIDES (14110 TOP.) 3. ALL WATER MAINS, FITTINGS, APPURTENANCES, AND OTHER MATERIALS AND CONSTRUCTION SHALL CONFORM TO 'SPECIFICATIONS & DETAILS FOR THE 16' X 16' CONCRETE PAD INSTALLATION OF WATER LINES & APPURTENANCES', BY CHAMPLAIN WATER b (SEE DETAIL) SEC77ON A -A DISTRICT, LAST REVISED FEBRUARY, 2007. 4, CONNECTION TO AN EXISTING WATER MAIN SHALL BE DONE BY OR UNDER OL70D SIATIED FENCE DOUBLE THE SUPERVISION OF, AND WITH THE APPROVAL OF SBWD. IT IS THE d rA7E OR OTHER MATERIAL CONTRACTORS RESPONSBBITY TO SECURE ALL NECESSARY PERMITS AND SEE DETAIL APPROVED BY 7TIE CITY OF PERMISSION TO MAKE THE CONNECTION AND TO COORDINATE ALL PARTIES Burdmniv INVOLVED IN THE PROCESS. SBWD AND THE ENGINEER SHALL BE NOTIFIED AT LEAST FORTY-EIGHT (48) HOURS IN ADVANCE OF THE INTENDED 'a as GA7E CONNECTION TIME. 17777777777- BxB POST 5. ALL WATER MAINS AND SERVICES SHALL HAVE AT LEAST A TEN (10) FOOT 61 SEPARATION HORIZONTALLY FROM SANITARY SEWERS OR 18' VERTICAL DO 4X4 CROSS BEAN SEPARATION WHHERE CROSSING.. /6• a ALL WATER LINES AND APPURTENANCES SHALL BE PRESSURE AND LEAK TESTED BEFORE BEING PLACED INTO SERVICE, ACCORDING TO AWWA BO Li PLAN STANDARDS C-60% G-605, C-651, THE VERMONT WATER SUPPLY RULE, AND 'SPECIFICATIONS & DETAILS FOR THE INSTALLATION OF WATER LINES & APPURTENANCES% BY CHAMPWN WATER DISTRICT, LAST REVISED ix6 SU FEBRUARY, 2007. MEASURED AT OR NEAR THE HIGH POINT IN THE SPACED 9. O.0 PORTION OF THE SYSTEM BEING TESTED, AND THE TEST SHALL BE RUN HE Z47OUGH (0�� FOR TWO (2) HOURS. SBWD AND THE ENGINEER SHALL BE OVEN AT '� l"M ( ') 6' PORTLAND CEMENT CONCRETE, 3500 PSI OPPOSITE SnX) LEAST FORTY-EIGHT (48) HOURS NOTICE BEFORE THE TEST IS TO BE W/ 14 REINFORCING BARS 12' O.C. EACH WAY CONDUCTED, AND 714E MUNICIPAL WATER DEPARTMENT PERSONNEL SHALL O MID -DEPTH. STOP BARS 3' FROM ALL EDGES. WITNESS THE TEST. ALLOWABLE LEAKAGE SHALL BE COMPUTED BY THE FOLLOWING FORMULA: GATE SHALL BE CON I t) L L (KAGE PER HOUR, WHERE; L T NUMBER OF TESTED ALLOWED CONSTRUCTED OF SAME LEAKAGE PER 14 IA E -LENGTH OF PIPE EES7ED IN FEET, D APPROVED SLATTED OR S THE INCHES OF PIPE DIAMETER, P AVERAGE LEST PRESSURE (PSI ENCLOSED MA 7ER/AL AS 114E ENCLOS(BE. ,. i . i...m GAUGE). -.. � THE PERSONS) CONDUCTINGREGULATING THE TEST(S) SHALL, IN WRITING, CERTIFY THE RESULTS TO THE REWUTING AUTHORITIES FENCE CORNER DETAIL 7 ALL WATER LINES SHALL BE FLUSHED AND DISINFECTED IN ACCORDANCE WITH AWWA C-651, AND AS FURTHER OUTLINED IN SECTION 39.00 IN 12' COMPACTED OW94M GRAM "SPECIFICATIONS & DETAILS FOR THE INSTALLATION OF WATER UNES & APPURTENANCES', BY CHAMPWN WATER DISTRICT, LAST REVISED FEBRUARY, 2007. OR AS DIRECTED BY SBWD BEFORE BEING PUT INTO DUMPS7ER PAD SEC77ON SERVICE. THE CONTRACTOR SHALL INSTALL A 1' DIAMETER TAP IN THE WATER MAIN FOR CHLORINE INJECTION. DISINFECTION SHALL BE ACCOMPUSHED BY INTRODUCING A CONCENTRATION Or 25 mgA OF FREE CHLORINE INTO A RECENTLY FLUSHED MAIN. THE DISINFECTING SOLUTION, AFTER REMAINING IN THE WATER MAIN FOR 24 HOURS, SHALT. HAVE A CONCENTRATION OF AT LEAST 10 mgA. OF CHLORINE. THE PERSON(S) RESPONSIBLE FOR DISINFECTION SHALL REPORT IN WRITING, TO SBWD AND VERMONT T. OF HEALTH THAT THIS DISINFECTION PRORE DIIMPST= ENCLOSURE DETAILS FOLLOWED AND THE REW RED MINIMUM RESULTSWERE OBTAINED. WACTUAL N.T.S. SAMPUNC SHALL BE PERFORMED BY THE ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SAMPLING AND ANALYSIS COSTS, SUITABLE COMPACI 2' X 6' RIGID STRUCTURAL BACKRU POLYS7IRENE INSULA77ON WHERE MNNUM DEPTHS CAN NOT BE MANTANED. 2' THICKNESS FOR EVERY FOOT LESS THAN MINIMUM 6' DEPTH PWASI ND OEAOE ROAD SURFACE COVEN MEEi�'��� O.D. I CLASS MATERIAL 1 -7'11 BEDDING MATERIAL (SAND) (SAND) 6MIN Jl.. I 24' ♦ PPE DIA. _ ROLES MANTAN MN 6' COVER FOR ALL WATER PIPE AND WWER PIPE IN PAVED MAINTAIN MATAAS' COVER FOR SEWER N GRASSED AREAS ALL TRENCHES SHALL MEET VVSHA STANDARDS PRIOR RN ANY PERSaViia DV71RWG A 7RENCH TRSNCB TYPICAL N. T.S. VASES AS 5PECfiED ON, PLAN -CRASS I BEDDING MATERIAL (STONE) FOR SEWER PIPE, CONFORMNG NTH TABLE 704.02 B Or THE VT. A.O.T. 'STANDARD SPECIFICATIONS FOR CONSTRUCTION*, 1990 EDInOH. PROVIDE ANTI-SLTAnON MA 7ERIAL BETWEEN CLASS I AND If MATERIALS Sir OF RFLOCA ATM /oxe' RAMP BOIAROS -Y SPAIZD N XWO'RIF ALONG fRLWT O' ATM) SERVICE SIZE AND SLOPE (MIN. 1/4%FT) AS SHOWN CW PLAN Dj",e I MATERIAL (STOVE) kU GROUND TYPICAL SANITARY SERVICE PROFILE NORMALLY USED Nn]N THE SANITAR MAIN IS OVER B' DEEP N. Ts. �SCNS CES�410SI SYMBOL Clr� ACL'ESLBe/IY, TOP. SIDEWALK b2 8=0' MN. B'-0'- MIN. 8'-0' FOR VAN ACCES96LE bfOiES 1.) BITUMINOUS CONCRETE RAMP SHALL MEET TOP OF SDEWALK CURB. 2) HANDICAP SYMBOL SHALL BE CENTERED /N PARKING STALLS. 3.) HANDICAP RAMP SHALL BE STRIPED AND TEXTURED IN CONFORMANCE NTH MANS SIT) C-3A & CTB 4.) HANDICAP RAMP SLOPE SHALL NOT EXCEED 8.3z HANDICAP PAVEMENT PAVEMENT MARKING DETAILDETAIL N. ES PORTLAND CEMENT CONCRETE CURB SEC77ON 616.06. CONCRETE SHALL BE 35M PS O 26 DAYS IN 6' SEC1/0N5 NTH ENPANSOIN JOINTS 20' O.C.. '1 1/2'B/7UMNOUS CONCRETE NEAR SLNFACE (SECnON 406, TYPE 10 2' 61TUMINOUS CONCRETE �BNDER COURSE (SECTION 406, TYPE 11) .'....... NIUM/NOUS CONCRETE & A BASE MATERIALS PER TYPICAL 6' MIN PAVEMENT SEC77ON To- ;.'i:: .'. ...': ............ . ..d.::'.'.'.':.: a .. . 12' GRAVEL (SUBSECPOW ..... .... ......... 704.05, TABLE A, COARSE) _I II J-I I I '�_ USE 24' GRAVEL-.�EOAL T-I 1 I I I I SECTIONWFIEN SUSGRADE l5 J101T PASSING j200 SIEVE NOTE, REFERENCED SPECWiCA RON SECTIONS SHALL BEN CONFORMANCE NTH THE VERMONT AGENCY OF 7RANSPORTA77ON STANDARD SPECIFICATION FOR CONSTRUCTION, CURRENT ED/nON. CURB AND PAVEMENT TYPICAL N.T.S. OANITAB 3r BaWSR INSPS05 A. The CanWctor shall perform and the new gr vity sewers shall pass a low pessae ak test witnessed by the Engine' pdar to acceptance of Me sewers. The test Ad/ be h cant once with section 1-A-03 (kX2) of the anNronmentd protection roles B. The low pressure ark test shall be part ad as lbli- 1. All ends of lateral stubs Mall be su/tamy capped to withstand the interval test pressures. Cops Mal/ be Yy rsmowade for Nture lateral c,nrwcbM or be plugged at Me test e- Win tic ) Md/ pnsuma t plug. 2. After a section of line has been bookfllled and deared, It Mall be plugged at each and with pneumatic plugs. The design of the pneumatic plugs Mall be such Mot they wnl hold against the the test presarre without -Wkkg extemd booking err brecbg. One or Me plugs Mall haw three hose annect/ons. AN kr inflation of the triple connect/on pneumatic plug Md/ be supplied through a f t y equ4eaed aontrd panel. There sin be Mree haea connections hom the -6.1 panel to the pneumatic N W Inflation of the p/ug.fise cond e secod hose shell bhose shall be ed used Ao contk,uoudy reading the ak pressure in Me seined the. Th. third nose Mini ere a,ee W introducing trodueM9 low pressure air into Me seined Ihe. 3 There Adl be a 3-1/2' or larger diameter, 0-30 pang gauge mounted on the -&W panel W reading of it. ht-I pressure in the Me being tested. Calibration. from the 0-10 pang range Mas be 1.tenths of pounds and the 0-10 pang portion has raver 90X' of Me complete din/ range. 4. Low pressure ok sham be Introduced Into the seined line until the ht-1 air pressure roaches 4 pslg greater Man the average boat pressure of any (2)gndwater that may be owe the pica. At least two mkntee . be allowed / the ok pressure to stablh . After the ,tabn&allo, perW the third hoss Md/ be quickly disconnected from the control panel. 5. The potion of the /Me behir tested shall be accepted If the potin und' test does not lose air at a rote greater than 0.003 chn pa squaw feet of Memel p4oe surmce when tested at an average pressure of.10 pelg greater than any book pressure exerted by groundwater Mot may be over Me p.pe at the tine of Me test. 6. The oboes r."inem-1 Mo/I be accomplished by performing the test as "I. - The time repuked In minutes W the pressure to decrease Ram 35 to 25 peig (great' Man Me overage back pressure or any groundwater that may be over the pipe), Ad/ not be less than Me tine shown for Me g/wn diameters 0 the following tob/e..- PPE OA. IN /NOt£S M/NUTES111' LENGN 4 0.3 6 6.7 6 1.2 7. An air pressure correction b requked when Me pre- ing 9wound water is above Me sewer lire being tested. Under this condtkn, the air test pressure must be increased .433 psi W each / ro t the gund water I.wl le Moro the invert of the pipe. The Contract' Is responsible W determining the /eveI of groundwater. B If the Installation Pals to meet M& rsquksment the Con tract'shall atarmk,. at his own npenw* the source of leakage He Aai repair a place all =U_ materials and/o wakmanshb d retest as necy 9. �tractt.. -T Ung Mall be acarried out as sewers am constructed FORCE MAINS INSPECTION AND TESTING A. The Cmtrocto Adl perfonr and Me new Wce mahs shdl pass a high pressure water test witnessed by the Engineer prior to acceptance of the force mains. B. Th. high penure water test Man be pert ed ere Idlowe 1. After the force main pipe and fitting Installation,, haw bean oomp/eteQ the contractor shill proceed, In the presence of the -pine', to test the hatanatMn. Testing par! eel Moll Inec4w both hyd-tent pressure and leakage tests. 2 Testing .m Mall be in accnrdonce with section 1-A- qXh) of the EM*a mmtd Protection Rules _,wd, damn, "a- J. Suft/cknt badkMl Mould be placed pMr to Bthg o M orbs due to internal Last I es.. with -ter and tied testing to t hp Th. trenches should be backfYled iomed/ots y one, the pipe has been fain since exposed pipe I. subpct to damage from it Lki hoary objects ore wen as subj1ect to floatation from water had-f-hy ent'hg the trench. Testing Mould be carried out aft' backNTIng has been completed, but betas placement of permanent sun 4. Each .ecdan of the plpelMe should be Nobly Mad with water and an at, exyened at high points. Th. 50 p.s.L test pressure is then applied by means of a pump nected to the p" in a manner satbfmtory to Me _,In- Test pro„uro must be mahtakmed by additional pumping, B mete,-y W the two hour test, d,aing which the amount of leakage M determined by msasurhg the amount of additional ester pumped into Me line. All d t-the dements must be rope/red o rema, and replaced, and the test repeated unto the pipeline withstands the pressure and the a#.-&. leakage roquirsmant. ha- bees met. The allowable leakage Is calculated as follows: BROOK FlN/SI-� \ 5' 0R AS SPECIFIED ON PLANS 1/2• i 4' PER FT. --� � 1 4• PER FT 6' 5' (3500 AS PORTLAND CEMENT CONCRETE) Realp 12' SUBBASE OF GRAVEL e vp aQ. (6' CONCRETE THICKNESS AT OR/VEWAD) ROIL CONSTRUCT EXPANSION & CONTRACTION ,UNTS EVERY 20' NTH DUMMY ,YNNTS EVERY 5: SIDEWALH TYPICAL N.T.S. OF y OUGUS�p * HEWITT MO. 7479 �CIVIL }e, F' Gc StU. g ! AND TESTING SEWER TANKS INSPECTION AND 7ES77NG A. Leakage tests shall be ps,Awmed by the ConWcto and obserrod by the Engineer an each precast --is tank The test Mal/ be on a 1111"Mon test, hint atim teat o -- test as described below. A Aft' the tank has been assembled in p/ace, all liRMg holes Moll be MIeC and pointed with an approved an Mrirkhq mortar as well as those exterior Joints within 6 feet of the ground surface. The test Mall be made prior to placing the shelf and bwrt (if mquked). If Me groundwater table has been allowed to Hs, cave the bottom / Me tank, It Mall be lowered for the duration of the test. An pipes and other openings into the tank shall be suitably plugged and plugs braced to prevent blowout. C E)OMRAnLW TEST 1. The tank Man be M/ed WM water to Me top of in. cars -it-. If the exrnwV- has not been baokfllled and obserwtMn indicates no Nslb/e leakage, -,to eof thest tank, then, the tork may be considered to be sattef tally water -tight. 2. If Me test as des -bed above is un,atl,mcty as determined by Me Englhsar or If the tork excawtnon has been baokfll/ed, Me test Mal/ be continued A period of time (4 hours) may be permitted /f the Contractor wishes, to allow W absorption. At the end of this period the tank shall be refined to Me tap, and the measuring throe of at least 6 hours begun. At the end of the test petted, the tonk shall be r.fdled to the top; measuring the velum. of water added. This aunt anal/ be e.tWol ted to a 24-how rate and the leakage det-med an the basis of depth. The leakage W each tank shall not sxceed i gallon par 15.7 square Bret of submerged wanes area W a 24 hour period. If Me test ion, Mls requksm-C but the bakage, does not exceed 3 gdlans per 15.7 square feet per day, repake by approved methods may be made as directed by the Engineer to bring the leakage within the ca-We erto of 1 gallon per 15.7 sproro test per doy. Leokoge e to a dehct/w section of pint or exceeding the 3 gaeon per 157 square Poet per day, Aan be rouse for the r �t/m of the tank. It shell be the Cono-octo:e respmsbg/ty to un a- the tank as ec.,.,y and to asassemMe, reconstruct or replace It as directed by the Engineer. The tank Man then be retested. The Engineer may require Met an approved, nontox/o dye be added to the water W testing P.,Poses. 3. The -filtration test may be conducted either be! or after backM/hg wound Me tank. However, if the Contractor elects to backLl prior to testing, It shall be at hks awn risk and /t Mall be Incumbort upon the Contractor to determine the reason W any tads of the test. No odpstment M the leakage m/owmce win be mode for unknown rn win as /sakMg dugs, obsoption, etc., I.., It wN be assumed that all Ion of water durkng the test is a result of leaks Mreugh Me port, or Mrsrgh Me concrete. Furthermore, the Contractor shall take any step, Ithe water to& s mow lute batten o Me� ank throutghout the testa 0. INFILTRATION TEST If the 9-dems, table Is above the highest pint h the tank, and N there M no leakage Into Me tack as determined by the Engineer, such a test can be used to a Axte the watert/ghtnen of the tank. However, N the Engineer ns not satbfled, Me Contractor aid/ low' the water table and cmr out the -teln tbn o wcuum test os d-bed herein. E. VACUUM TEST 1. The Contractor shall dug the p(oe openings and place the wxuum test7g upparotue in the tank using o 60 inch/Ib toque to tighten the nt-W damp,. The compression bond shall then be Inflated to sea/ the m base. The warm pump shall be connected to the outlet port of the base with the calve. A wcuum of 10' of HIT Mae be bosun. The w,w shall Men be dosed. 2. The test shall pan of the wrwum remains at 10' Ila, or bops to 9' Hg. In a time great' Man two minutes. If Me tank Asia the hntid test, Me Contractor Moe locate the /salt and make the proper rspoks Leaks may be Ailed with o wet eluny of quick setting material a, approved by the Engineer. 3. The vecuum test shoe not be an acceptable method fa - fork. bockMled with nmgrandar materiel. ND rP L- 7 400 Nmaro: L Is the cilowame leakage in gotten. per hour. N Is the number of pints h the length of Me p.pelhe being teemed. D /s Me nominal d hhrmet' of the pipe in P le the 9e test pressure during the l aws leakage tuts In pounds per square inch 9an9e 1 Rsmusd Narsklec4p RonP LbfaN f0/14/YJ f R-ser Po-" RmdEgo Fento at ATM LbfaT 5/2B//3 DFH IAsI' BEG 93UMMIT ENGINEERING, INC :N.'iIM Engineers • Surveyors • Men- • Lend.-. Arohk-te DFH 1233 Shelburne Rood C2 ICE South Burlington, VT 05403 NONE Bus. (802) 658-5588 DETAILS 205 DORSET STREET UNIVERSITY MALL 155 DORSET STREET SOUTH BURUNGTON, VERMONT OA7F 5/9/13 ORANNNG NO. D1 PROWCT NO 7723.11 10" � iAN lt�il south - 4,51 PLANNING & ZONING Legal Review Invoice October 9, 2013 Heather Tremblay University Mall, LLC 155 Dorset Street So. Burlington, VT 05403 Re: Escrow Agreement Legal Review - #SD-13-16 Pursuant to the requirement to have required legal documents reviewed by the City Attorney and as required by the "Planning and Zoning Fee Schedule" adopted by the South Burlington City Council on April 20, 2011 (as amended), please remit the following amount to be used to pay for the Legal Review: Amount requested: $ 105.00 No Legal Review shall be authorized by the City without receipt of these funds. The City shall hold these funds and use them only to pay for the required Legal Review If at any time the amount being held is reduced to $0, the City shall request an additional amount sufficient to cover estimated costs from the applicant prior to authorizing any further expenditures of the Legal Review. Following the completion of the legal review, any unused funds shall be returned to the applicant. Further, the applicant retains, at all times, the right to request any unused funds be returned. Upon receipt of any such request, in writing, the city shall inform the City Attorney of this request and require that they cease any further work. Following the payment of any work done to date, the city shall return unused funds and inform the City Council that the legal review has been ceased at the request of the applicant. Checks should be made out to the City of South Burlington Please remit payments to: Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 1 s 07/29/2013 C.IL.y of South Burlington Grand List Page 1 of 1 11:32 am Parcel Report ray For Parcel: 0570-00205. 205 DS LLC Name 205 DS LLC ONE BURLINGTON WOODS DR 2ND FLOOR BURLINGTON MA 01803 Location (A) OLD JANES & JACOB BUILDING 911 205 DORSET ST Tax Map 21-011-000 Desc. .31A, BUILDING Codes: (1) (Category) C (Equipment) (Owner) C Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 0.31 Real Land Building Equipment Inventory Values: 480,900 142,000 338,900 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 480,900 Housesite Special Exmp Grand List 0.00 0.00 4,809.00 Misc: Status: T Updated: 06/03/2013 Last sale was: Invalid on 05/04/2012 for $0 recorded on 1081/305 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150093000 (7): POSSIBLE TIFF PARCEL (8) : Y (9): 06/28/00 SPAN: 600-188-13112 .oO+ VERMONT State of Vermont Department of Environmental Conservation Landowner(s): Agency of Natural Resources Drinking Water and Groundwater Protection Division WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED io V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective December 1, 2010 205 DS, LLC 419 Boylston Street Suite 300 Boston MA 02116 Permit Number: WW-4-216o-1 PIN: E004-0238 This permit affects property identified as Town Tax Parcel ID # South Burlington: 0570-00205C referenced in a deed recorded in Book 992 Page(s) 217 of the Land Records in South Burlington, Vermont. This project, consisting of demolishing an existing permitted commercial building and construct a 6,000 square foot commercial building with two retail/dry goods stores, served by municipal water supply services and municipal wastewater disposal services located on 205 Dorset Street in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. i. GENERAL 1.1 The project shall be completed as shown on the following plans and/or documents prepared by Douglas Hewitt, with the stamped plans listed as follows: Sheet Number Title Plan Date Plan Revision Date D1 Details 5/09/2013 5/28/2013 EC1 Existing Conditions 5/09/2013 S3 Grading and Utility Plan 5/09/2013 5/28/2013 1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire Safety; the Vermont Department of Health; the Family Services Division; other State departments; or local officials. 1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall record and index this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.4 The landowner shall record and index all required installation certifications and other documents that are required to be filed under these Rules or under a specific permit condition in the South Burlington Land Records and ensure that copies of all certifications are sent to the Secretary. 1.5 No permit issued by the Secretary shall be valid for a substantially completed potable water supply and wastewater system until the Secretary receives a signed and dated certification from a Vermont Licensed Designer (or where allowed, the installer) that states: "7 hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the potable water supply and wastewater system were installed in accordance with the permitted design and all the permit conditions, were inspected, were properly tested, and have successfully met those performance tests", or which otherwise satisfies the requirements of §1-3o8 and §1-911 of the referenced rules. 1.6 This project is approved for demolition of the existing buildings and the construction of a 6, o0o sf commercial building for two retail stores on the existing 0.31 acre lot. Regional Offices — Barre/EssexJct./Rutland/Springfield/St. Johnsbury Wastewater System and Potable Water Supi( 'ermit WW-4-216o-i Page 2 of 3 1.7 This permit shall supersede Permit Number WW 4-216o thereby rendering it/them null and void. 1.8 Construction of additional nonexempt buildings, including commercial and residential buildings, is not allowed without prior review and approval by the Drinking Water and Groundwater Protection Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. No construction is allowed that will cause non-compliance with an existing permit. 1.9 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water Supply Permit and the stamped plan(s), if applicable, prior to conveyance of any portion of the project to that purchaser. 1.10 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times,_for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations, and permit conditions. 1.11 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with 10 V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 2MATER SUPPLY 2.1 The components of the potable water supply herein approved shall be routinely and reliably inspected during construction by a Vermont Licensed Designer (or where allowed, the installer) who shall, upon completion and prior to occupancy of the associated building, report in writing to the Drinking Water and Groundwater Protection Division that the installation was accomplished in accordance with the referenced plans and permit conditions, as specifically directed in Condition #1.5 herein. 2.2 This project is approved for connection to the water supply system owned by the City of South Burlington for a maximum of 18o gallons of water per day. 2.3 The landowner shall install and maintain backflow prevention devices that conform to Vermont Department of Public Safety standards and NFPA 13 for any connection of a sprinkler fire suppression system to a public drinking water system. 2.4 This permit is based, in part, on a municipal approval. for connection to their water distribution system. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. .WASTEWATER DISPOSAL 3.1 The components of the sanitary wastewater system herein approved shall be routinely and reliably inspected during construction by a Vermont Licensed Designer (or where allowed, the installer) who shall, upon completion and prior to occupancy of the associated building, report in writing to the Drinking Water and Groundwater Protection Division that the installation was accomplished in accordance with the referenced plans and permit conditions, as specifically directed in Condition #1.5 herein. 3.2 This project is approved for connection to the City of South Burlington wastewater treatment facility as depicted on the plan(s) stamped by the Drinking Water and Groundwater Protection Division. The project is approved for a maximum of i6o gallons of wastewater per day. Wastewater System and Potable Water Supr Permit W W -4-216o-i t Page 3 of 3 3.3 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required if the project is served by the municipal wastewater collection system. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. David K. Mears, Commissioner Department of Environmental Conservation By `�v J anne Wyman, Re ' nal Engineer Dated July 18, 2013 cc South Burlington Planning Commission Douglas Hewitt, P.E./Summit Engineering Act 25o District Environmental Commission- 4Co219-58 Department of Public Safety, Division of Fire Safety South Burlington Planning Zoning New Non -Residential Construction Impact Fees Project Completed by April 1, 2014 Project Name & Address Property Owner Effective Date TOTAL IMPACT FEE Value of New Construction: Type of Construction Fireproofed Steel Masonry or Wood Frame Pre -Fab Skeleton or Concrete Structure Steel Reinforced Concrete SF Bearing SF SF Structure SF Wall Tvpe of Use Structure Industrial /Manufacturing S66 S69 S65 S64 Engineering & Research General Office S123 S113 silo S104 Medical Office S133 S717 General Retail 4S54 S51 6,000 S41 Auto Service Facilitv S84 S81 Elder are Facility 7 72 S72 Motel Sprinkler credit? (Enter 1 if yes) Total Value of New Structure: Total Value of New Structure & Contents: Current grand list value of property: Past payments credit: Post construction value of structure & land Future payments credit: Base fee: NET FIRE PROTECTION IMPACT FEE: PM Peak Hour VTEs Past payments credit: Future payments credit: OTHER CREDITS: ROAD IMPACT FEE: $306,005 $765,000.0 $480,900 $375.10 $448,000.00 $4.48 $512.55 $132.97 40' VERMONT State of Vermont Agency of Natural Resources Department of Environmental Conservation [phone] 802-879-5656 Drinlung Water and Groundwater Protection Division [fax] 802-879-3871 Essex Regional Office ill West Street Essex Junction, VT 05452-4695 www.septic.vt.gov June 25, 2013 205 DS, LLC 419 Boylston Street Suite 300 Boston MA 02116 RE: WW-4-216o-1, amend WW-4-216o to raze an existing commercial building and reconstruct a 6,000 square foot commercial building with two retail stores located at 205 Dorset Street in South Burlington, Vermont. Dear Applicant: We received your completed application for the above -referenced project on June 24, 2013, including a fee of $245•00 paid by check #2050399• Under the performance standards for this program, we will have a maximum of 3o days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. If you submitted your application electronically through eDEC, your consultant will need to upload any revisions and send an email to Ernestine Chevrier, James Sandberg and the reviewer notifying us that you have resubmitted information. This email should reference both the eDEC number and the WW number for the project. For the Drinking Water and Groundwater Protection Division J� OkUU-UC,L Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Douglas Hewitt/Summit Engineering, Inc. Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury June 6, 2013 Shelia McIntrye Summit Engineering, Inc. 1233 Shelburne Road, C-2 So. Burlington, VT 05403 Re: Preliminary & Final Plat Approval #SD-13-16 — 155 & 205 Dorset Street Dear Ms. McIntyre: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on June 4, 2013 (effective 6/5/13). Please note the conditions of approval, including that the final plat plan must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee ee by December 2, 2013) or this approval is null and void. If you have any questions, please contact me. Avmoymond e , J. Belair Administrative Officer Encl. CERTIFIED MAIL- RETURN RECEIPT: 7010 0290 0000 2215 5341 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May 31, 2013 Application received: May 9, 2013 UNIVERSITY MALL 155 & 205 DORSET STREET PRELIMINARYAND FINAL PLAT APPLICATION #SD-13-16 Agenda #2 Meeting Date: June 4, 2013 Owner/Applicant University Mall LLC 155 Dorset Street South Burlington, VT 05403 Engineer/Contact Property Information Summit Engineering Inc C1 R 15 Zoning District 1233 Shelburne Road 52.07 acres South Burlington, VT 05403 � t SLbjad Property ' CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD PROJECT DESCRIPTION DEPARTMENT OF PLANNING & ZONING \\d rb\staffcom men ts\ SD_13_16_205Dorset_Umall_prelim&final 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. COMMENTS Director of Planning & Zoning Paul Conner and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on May 9, 2013. Last revised May 28, 2013, and have the following comments. The Board reviewed a sketch plan application on May 23, 2013. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements CI-R12 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% 46 Max. Overall Coverage 70% 75.0 74.9% A Min. Front Setback 50 ft. 6 ft. 17 ft., 15 ft. Min. Side Setback 10 ft. 10 ft. 10 ft. Front Yard Coverage 30% 41.2% 41.0% V Zoning Compliance +6 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 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. Staff supports 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 CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staff comments\ SD_13_16_205Dorset_Umall_prelim&final of 41.0%. Although the new building is being pushed back from the road to be consistent with existing structures, it should be remembered that the overall PUD has significant frontage along Dorset Street and even removing a building completely from this portion of the site would not bring the property into compliance. Staff supports this proposed location. 1. The Board should discuss the applicant's request for front yard setback waiver. Following sketch plan review, the applicant relocated the ATM building from 13 feet off Dorset Street to 15 feet per the Board's discussion. Staff supports the request. 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. 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. 2. 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. (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 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staff comments\ SD_13_16_205Dorset_Umall_prelim&final 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 UMall 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 • Anew sidewalk from Dorset Street to the relocated ATM structure. Staff and the Director of Public Works 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. Staff feels that the proposed increase in p.m. peak hour trips ends does not warrant a traffic analysis. (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. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 5 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_13_16_205Dorset_Umall_prelim&final (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 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. 3. The applicant shall adhere to the comments of the Fire Marshall. (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. (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. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed project and PUD is in conformance with the South Burlington Comprehensive Plan. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SITE PLAN REVIEW STANDARDS DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_13_16_205Dorset_Umall_prelim&final 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: (B)(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. Staff does not recommend 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. Staff believes that the parking on site will be more than 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. 5. The Board should consider a parking waiver request of 294 spaces or 8.4%. At the sketch plan level the Board indicated support. Staff also supports the request. Chapter 14.06 of the South Burlington Land Development Regulations states the following: (B)(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. (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, CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staff comments\ SD_13_16_205Dorset_Umall_prelim&final 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. Staff feels this is 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. (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. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 8 DEPARTMENT OF PLANNING & ZONING ,\\drb\staff comments\ SD_13_16_205Dorset_Umall_prelim&final (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). 6. 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. 7. All exterior doorways shown on the plans shall be fully 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. Staff feels 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. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 9 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_13_16_205Dorset_Umall_prelim&final (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. 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. The applicant has also proposed to add two (2) areas of shrubbery on the Dorset Street side of the building following input at the sketch plan level. The City Arborist has reviewed the plans and finds them 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 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. CITY OF SOUTH BURLINGTON 10 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staffcomments\ SD_13_16_205Dorset_Umall_prelim&final 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. Staff supports this proposal. RECOMMENDATION Staff recommends that once the DRB has concluded its review of the project, the DRB hold a straw poll of its membership. Following this, staff recommends the public hearing be closed. Respectfully submitted, Paul Conner, AICP Director of Planning & Zoning APPLICATION FOR SUBDIVISION PLAT REVIEW X Preliminary X Final PUD Being Requested? X Yes ❑ No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) University Mall LLC, c/o Finard Properties LLC, 155 Dorset Street, South Burlington, VT 05403, #(802) 863-1066 (p); #(802) 863-5836 (f) 205 DS, LLC, 419 Boylston Street, Boston, MA 02116, #(617) 892-8679 (p); #(617) 892-8680 (f) 2. LOCATION OF LAST RECORDED DEED (Book and page #) Umall: Vol. 778, Pg 63; 205 DS: Vo1.992 Pg. 217 3. APPLICANT (Name, mailing address, phone and fax#) University Mall, LLC (same as above) 4. CONTACT PERSON (Name, mailing address, phone and fax #) Sheila McIntyre, Summit Engineering, Inc., 1233 Shelburne Road, C-2, South Burlington, VT 05403, #(802) 658-5588 (p) a. Contact email address: smcint regsummiten vt�com 5. PROJECT STREET ADDRESS: 155 Dorset Street and 205 Dorset Street, South Burlington 6. TAX PARCEL ID # (can be obtained at Assessor's Office) 21/0570-00155 & 0570-00205C 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Incorporate the 205 Dorset Street Parcel (0.31 acres) into the University Mall shopping center PUD (51.76 acres); develop a new building for retail use (6,000 sf); relocate an existing ATM structure (352 sf); and associated site improvements. b. Existing Uses on Property (including description and size of each separate use): An existing shopping center at 155 Dorset Street (704,983 sf footprint), and an existing commercial building and ATM building (2,793 sf footprint) at 205 Dorset Street. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): All existing, uses on the University Mall Parcel (155 Dorset Street) to remain. The buildings on the 205 Dorset Parcel will be replaced by a 6,000 sf retail building, and the existing ATM structure on the 205 Dorset Street parcel will be relocated onto the University Mall parcel. d. Total building square footage on property (proposed buildings and existing buildings to remain): Existing: 707,776 sf. Proposed: 711,337 sf e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): The proposed building will be 18 ft to the roof and 21 ft to the arp apet. f. Number of residential units (if applicable, new units and existing units to remain): Not applicable. g. Number of employees (existing and proposed, note office versus non -office employees): Unknown at this time; but would be typical of two, 3,000 sf retail stores. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): The applicant requests a parking waiver of 8.4% for a proposed parking ratio to 5.03 spaces per 1000 sf of gross lease area. Although the overall lot coverage and lot coverage within the 50 ft front yard setback exceeds the current regulations, the proposed design reduces the coverages from those that currently exist. The green space will increase by gpproximately 3,580 sf for the overall PUD, and the front yard green space will increase by Mproximately 198 sf. i. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. There is no subdivision and there are no changes to the lots or lot lines. Access easements already exist between 155 Dorset Street (University) and 205 Dorset Street. Subdivision Application Form. Rev. 12-2011 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: 52.07 ac / 2,268,366 sf (acres /sq. ft.) b. Building Coverage: Existing 707,776 square feet 31.2 % Proposed 711,337 square feet 31.4 % c. Overall Coverage (building, parking, outside storage, etc): Existing 1,701,939 Proposed 1,698,359 square feet 75.0 % square feet 74.9 % d. Front Yard Coverage(s) (commercial projects only): Existing 40,407 square feet 41.2% Proposed 40,210 square feet 4 1. 0 % 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? X Yes ❑ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (describe) No, there is no encroachment into any wetland or buffer zone. c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map. 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) 10. AREA DISTURBED DURING CONSTRUCTION: Approximately 22,000 SQ. FT. * *Projects disturbing more than one (1) acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one (1) acre require a permit from the Vermont Department of Environmental Conservation. 11. COST ESTIMATES Subdivision Application Form. Rev. 12-2011 l a. Building (including interior renovations): $ 672,780.00 b. Landscaping: $ 17,561.80 (minimum) (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) Site: $ 290,000.00 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 24 p.m. peak hour trip ends — 18 existing p.m. peak hour trip ends = 6 NEW p.m. peak hour trip ends. 13. PEAK HOURS OF OPERATION: 12 p.m. to 5 D.M. 14. PEAK DAYS OF OPERATION: Friday, Saturday & Sunday 15. ESTIMATED PROJECT COMPLETION DATE: Summer, 2014 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I I " x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICAN � hE+F1TNER- w►faLAY SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: ❑ Complete ❑ Incomplete Administrative Officer Date PRINT NAME 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. Subdivision Application Form. Rev. 12-2011 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 10th day of May, 2, 013, a copy of the foregoing public notices for Sketch plan application of University Mall, LLC [type of application] #SD-13-15 [application number], and Preliminary & final plat application of University Mall, LLC [type of application] #SD-13-16 [application number],were sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of- way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Patricia J. Purdy 26 Brookwood Drive So. Burlington, VT 05403 Tung T. Phan 24 Brookwood Drive So. Burlington, VT 05403 Patricia E. Sheridan 22 Brookwood Drive So. Burlington, VT 05403 Dean Eric Draayer 9 Adirondack St, So. Burlington, VT 05403 (20 Brookwood Ave) Joanne Lalime 18 Brookwood Drive So. Burlington, VT 05403 Andrew Hill 16 Brookwood Drive So. Burlington, VT 05403 Yiu Poon & Gabryell K. Kendall 14 Brookwood Drive So. Burlington, VT 05403 Luella M. Couture 12 Brookwood Drive So. Burlington, VT 05403 Paul & Ann E. Joppe-Mercure Trust 10 Brookwood Drive So. Burlington, VT 05403 John F. & Jean M. Shepard, Trustees 8 Brookwood Drive So. Burlington, VT 05403 Irene L. Sauer 6 Brookwood Drive So. Burlington, VT 05403 Jacques P. & Sandra J. Marchessault 4 Brookwood Drive So. Burlington, VT 05403 Kenneth A. & Susan H. Dattilio 2 Brookwood Drive So. Burlington, VT 05403 Michwartz Properties, LLC 329 Dorset Street So. Burlington, VT 05403 (321 Dorset Street) Theresa M. Paquette 70 Fitzsimon's Road Jericho, VT 05465 (165 Dorset Street) Larkin, Tarrant, Hoehl Partnership 410 Shelburne Road South Burlington, VT 05403 (for 1 & 5 Dorset Street) State of Vermont Agency of Transportation Montpelier, VT 05602 Malone Dorset St. Properties, LLC 122 Gallison Hill Rd. Montpelier, VT 05601 (192, 196, 200 & 222 Dorset Street) 174Dorset Street University ofVermont Su. Burlington, VTU5403 State Agricultural College 85 Su. Prospect Street Dorset Square Associates Burlington, VTO54D1 c/o Neville Companies 30 Kimball Avenue, Suite 101 260 C)umny Hill Rd., LLC So. Budington, VT 05403 270 Quarry Hill Rd. (for 150 Dorset Street) 80. Burlington, \O54O3 VT (fnr2GO Quarry Hill)) Dorset St, Investment Group 75South Winooski Ave. Cupola Golf Course, Inc. Bur|inghmn, VTU54O1 27OQuarry Hill Road (for 108 Dorset) So. Bur|inQton, VT 05403 (for27O Quarry Hill) Barnes &Noble 148OOld Country Road John Larkin VVeotbury, NY 11590 410Ghe|burne. Road (for 102 Dorset Street) So. Burlington, \/T 05403 (for37S Quarry Hi||) Toknam Partners 2 Market Street Go. Bur|ington, VT 05403 Per city of South auzlingLno 5/13 (1UODorset Street) Dated at , Vermont, this I 3th day of May, 2013. Printed Name: Sheila Phone number and email: Signature: -- Date: Remit to: City oFSouth Burlington Department ofPlanning & Zoning 575Dorset Street The ,Other Paper • www.otherpapervt.com * May 16, 2013 • Page 19 S beow, i f i e Public Notices,, Ce7:\7 Cel �Ic1:\ Iltl I UNITYARD SALE: Satur- ay 18, 9a.m. -3p.m. at Bay Condo, 25 Baycrest Drive. -s, shoes, books, garden kitchenware, furniture, uff. FOR SALE iTABLE BED: Twin size, used. Motion for head, id overall massage. $975 18. (05/02) ONDITIONERS: 2 Nan - Breeze window/wall type Used only 4 months in $125 each or two for $200. 28. (05/16) 1OBE: Ladies heavyweight :otton,size-medium, never $20. 658-1636. (05/09) LE: Men's Balloon Tire Bi- Like New. $125. 862-0569. LE HELMET. Men's `Giro'. ;umference. $10.658-1636. 1 IYER: Sony FM/AM radio/ yer with external speakers, i or battery, as new with d, carry case, total weight z. $120 OBO. 864-5901. I DINING SET: Ashley Cross Island Counter -Height Extension dining table with 6 mission style 24" bar- stools. Medium brown oak finish. Excellent Condition. Can email photos. $600 o.b.o.. 802-343-8732. (05/02) FISHING EQUIPMENT: Six Down Rigger Rods, $25 each. Eight reels: Triton, Browning, Shimano, Penn, Garcia Four Star, $25 each. 862- 0569. (5/09) FURNITURE: Desk, $40. 2 Bar Stools, $60. Coffee Table, $50. End Table, $20.578-2080. (05/09) KAYAKS: 2 Wilderness Systems Bandit kayaks, one orange, one green, 9'4",with cockpit cov- ers, each $300. Seaclude paddle, 220cm, $50, 1 Extrasport adult small/ medium life preserver, $50, all in very good condition. 802- 864-5901.(05/02) LAWN MOWER: 2008 Neuton Battery Operated. All accessories included. Purchased for $474. Asking $250. 862-0569. (05109) PATIO: Extra long chaise, $25. New folding Bistro table, $20. Small wrought iron plant stand, $2.497-1343. (05/09) PICTURES: 2 Mediterranean style, Seniorita and Matador, each 14x16. $25 for pair.658-1636. (05/09) PRINT -TITANIC MOVIE: Special Collectors Edition chromium print produced in 1998. Black metal frame measures 11"x14". The print also has a black mat & comes with a Certificate on the back. The print shows the bow of the Titanic ship with head shots of Jack and Rose above. $10. 497- 0865. (05/09) ROASTER OVEN: Nesco, 6qt. 2 inserts, neverused. $25.497-1343. (05/09) VEHICLES: CARS, TRUCKS, BOATS, CAMPERS, ETC. 1968 Mustang, red with black vi- nyl hardtop. Same owner over 25 years. 289, automatic. Excellent condition, serious inquiries only. 863-0134.(05/16) Classifieds Form A service for South $urlingt�on residents. - Please Check One Below ❑ Free Ad Ads from South Burlington residents for ITEMS FOR SALE, FREE ITEMS, TAG SALES, WANTED ITEMS, FOUND ITEMS, LOST ITEMS and VEHICLES FOR SALE will be printed for 2 weeks free of charge, on a space available basis. Paid Ad: BUSINESS, SERVICE, REAL ESTATE FOR SALE or REAL ESTATE FOR RENT ads cost $20 perweek. Make checks payable to The Other Paper and mail to the address listed at the bottom of this form. weeks) @ $20/wk = $ (please submit this amount) Name, address and phone are required for residency verification. Name: Phone Number: Address: Advertisement: (50 words or less) CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Agenda #2 DEPARTMENT OF PLANNING & ZONING Report preparation date: May 16, 2013 Application received: May 9, 2013 UNIVERSITY MALL 155 & 205 DORSET STREET SKETCH PLAN APPLICATION #SD-13-15 Meeting Date: May 21, 2013 Owner/Applicant University Mall LLC 155 Dorset Street South Burlington, VT 05403 Engineer/Contact Property Information Summit Engineering Inc C1 R 15 Zoning District 1233 Shelburne Road 52.07 acres South Burlington, VT 05403 Location Map CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD PROJECT DESCRIPTION DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_13_15_205Dorset_Uma11_sketch Sketch plan application #SD-13-15 of University Mall, LLC, hereafter referred to as the applicant, is requesting sketch plan review 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. COMMENTS Director of Planning & Zoning Paul Conner and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on May 9, 2013 and have the following comments. The Board reviewed a sketch plan application for a project at this site in early 2012. At the time, the Board's only significant questions were regarding a proposed drive -through bank. That use has been eliminated from this proposal. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements CI-R12 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., 13 ft. Min. Side Setback 10 ft. 10 ft. 10 ft. 46 Front Yard Coverage 30% 41.2% 41.0% V Zoning Compliance J& 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 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 13 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 37 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. Staff supports 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 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_13_15_205Dorset_Umall_sketch 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%. Although the new building is being pushed back from the road to be consistent with existing structures, it should be remembered that the overall PUD has significant frontage along Dorset Street and even removing a building completely from this portion of the site would not bring the property into compliance. Staff supports this proposed location. 1. The Board should discuss the applicant's request for front yard setback waiver. Staff supports the request. 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. 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. 2. 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. (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 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING .\\drb\staffcomments\ SD_13_15_205Dorset_Umall_sketch 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 UMall 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 • Anew sidewalk from Dorset Street to the relocated ATM structure. Staff and the Director of Public Works 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. Staff feels that the proposed increase in p.m. peak hour trips ends does not warrant a traffic analysis. (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. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 5 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_13_15_205Dorset_Uma11_sketch (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 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 sketch plan. He notes that the entry -only curb cut from the UMall access drive to the property does not fit the turning templates for the fire department and recommends the entry be revised. 3. The applicant should work with the Fire Department to revise the curb cut entry to the property to allow for fire truck access. (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. (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. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed project and PUD is in conformance with the South Burlington Comprehensive Plan. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staffcomments\ SD_13_15_205Dorset_Umall_sketch 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: (B)(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. Staff does not recommend 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. Staff believes that the parking on site will be more than 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. 5. The Board should consider a parking waiver request of 294 spaces or 8.4%. Staff supports the request. Chapter 14.06 of the South Burlington Land Development Regulations states the following: (B)(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. (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; CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staffcomments\ SD_13_15_205Dorset_Uma11_sketch (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 buildings) 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. Staff feels this is 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. (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. 6. The applicant should submit architectural details with the preliminary plat plans. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 8 DEPARTMENT OF PLANNING & ZONING \\drb\staff comments\ SD 13 15 205Dorset Umall sketch (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. Again, the applicant should submit architectural details with the preliminary plat plans. The footprint of the structure and presence of a doorway at the Dorset Street / Mall Access supports this relationship. 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. (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. 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 CITY OF SOUTH BURLINGTON 9 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING .\\drb\staffcomments\ SD_13_15_205Dorset_Umall_sketch 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. 7. The City Arborist shall review the plans and provide comments prior to preliminary plat approval. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The applicant should show snow storage areas for the University Mall as part of the preliminary plat application. 8. Snow storage areas should be shown on the preliminary plat application. 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 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. For purposes of planning and zoning, the lots in this subdivision shall be considered one (1) lot. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plans. RECOMMENDATION Staff recommends that the project proceed to Preliminary and final plat following the Board's discussion of waiver requests. Respectfully submitted, Paul Conner, AICP Director of Planning & Zoning 205 Dorset Street Landscaping Schedule / Costs 5/13/13 Deciduous Trees Key Qty. Size Latin Name Cost AC 3 8-10' Shadblow Serviceberry 369.99 UA 4 6" Liberty American Elm 2,640.00 Shrubs Key Qty. Size Latin Name Cost CA 3 3 gal. Red Stem Dogwood 29.99 EF 24 3 gal. `Emerald and Gold' Euonymus 39.99 IG 18 3 gal. Compact Inkberry 44.99 HV 1 5-6' Common Witchazel 139.00 SB 4 3 gal. `Anthony Waterer' Spirea 29.99 Subtotal material Tax @ .06 Markup X 1.3 Labor 50 hrs. @ 25.00 Mulch 10 yards @ 45.00 Amendments Stakes 21 @ 3.00 Total Existing plant material to be removed 4 Norway Spruce valued at 400.00 each (average) 1 Norway Maple 7 Spirea at 20.00 each 10 Rosa Regusa at 18.00 each 1 Dwarf Alberta Spruce 1 Euonymus "emerald and gold" 2 Yews, Taxus x media at 52.00 each 1 Arbortitae, Thuja Occidentalis 1 Malus, variety unkown 2 Green Ash, no value 1 Norway Maple, multi stem, broken leader, no value 2 Euonumus alatus, Burning Bush, no value invasive species 4 Red Barberry, no value, invasive species Ext. 1,109.97 10,560.00 Ext. 89.97 959.76 809.82 139.00 119.96 13, 788.48 826.30 4,136.54 1,125.00 450.00 100.00 63.00 $19,939.32 1600.00 285.00 140.00 180.00 100.00 25.00 104.00 400.00 300.00 Total Value of Plants to be removed $3,134.00 Building Cost $672,780 Landscaping Budget $14,427.80 Value of Removed Plants $3,134.00 Minimum Landscape Budget $17,561.80 Plant material costs for this estimate were derived from the Gardner's Supply Wholesale Catalog, Spring 2013 and the Elm Research Institute. Schedule / Costs prepared by Doug Weber, Landscape Designer, Summit Engineering Inc. SUMMIT ENGINEi�RING, INC Engineers + Surveyors + Pianners t Lands, -,ape Architects 205 Dorset Street/University Mall Water and Wastewater Basis of Design April 25, 2013 Existing Water/Sewer Design Flow (VT Environment Protection Rules, (9/29/07) As permitted in WW-4-2160 for Peter and Vilma Jacob, 7/19/04 590 gpd Proposed Water/Sewer Design Flow (VT Environment Protection Rules, (9/29/07) Small Dry Goods: 2 stores x 100 gpd/store = 200 gpd 80% of sewer design flow for connection to municipal system >50,000 GPD Proposed New Sewer Flow = 200 gpd x 0.8 = 160 gpd Net decrease Sewer Flow = 590 - 160 = 430 gpd 10% reduction for water conserving fixtures: (3.5 gallon/flush toilets, showers and faucets 2gpm or less) Proposed New Water Flow =200 gpd x 0.9 = 180 gpd Net decrease Water Flow = 590 - 180 = 410 gpd F:TEADATATROIEM7723.11 \BASISDN3. DOC FEATURES • Precision die-cast aluminum construction • EISA compliant V, • Now available with highly efficient LEDs • IP65 rated • Four precise optical systems for MH or HPS • Powder coat finish in 13 standard colors lamps with a polymer primer seater ' • Optional fascia panels • Emergency lighting options • One-piece memory retentive molded silicone gaskets ORDERING INFORMATION ES Uptight or Downlight - HID - Ballast not included 39MHT6 39 watt metal halide, AWl• Arctic White QRS Restrike controller and T-4 mini- ESI-2 Type 2 distribution 120/277 volt ballast. BLK Black can socket. (Lamp wattage not ES1-3 Type 3 distribution Use G12 base, T6 to exceed ballast wattage). Not ceramic lamp. MTS Matte Black available with LED. ES1-4 Type 4 distribution 50MH 50 watt metal halide, DGN Dark Green QL Socket for T-4 mini -can tamp, E51-W Column lighter -narrow beam 120/208/240/277 volt DBZ Dark Bronze field wired to a separate circuit. distribution ballast. Use medium - (Lamp watts 9 a not to exceed Uptight and Downlight - HID - Ballast not base, ED-17 lamp. WRZ Weathered ballast wattage). Not available included ES2-2 Type 2 distribution, 90% primary IOMH 70 watt metal halide, 120/208/240/277 volt Bronze BRM Metallic with LED. PC12 120 volt swivel type photocell. 1 — 10% secondary light distribution ballast. Use medium Bronze Factory wired. PC27 208/240/277 volt swivel type ES2-3 Type 3 distribution, 90% primary base, ED-17 lamp. VBL Verde Blue photocell. Factory wired at 277 — 10%secondary light distribution 70MHT6 70 watt metal halide CRT Corten volt. ES2-4 Type 4 distribution, 90% primary 120/277/347 volt MAL Matte SCB Surface conduit box. 1/2" NPT — 10% seconds tight distribution n 9 ballast. Use G12 base, Aluminum inlets on each side. Gasketed Compact Fluorescent - 120 thru 277 Volt T6 ceramic lamp. front cover for wire access. - Ballast included 1 IOOMH 100 watt metal halide, MDG 'Medium Grey Standard finish is white. ES3-CFI Up or down tight, one 26, 32 or 42 4 120/208/240/277 volt ATG Antique LDL Lightly diffused glass lens. watt, 4 pin lamp. -18°C min start ' ballast. Use medium Green Primary tens only. temp. Specify wattage. i base, ED-17 tamp. LGY Light Grey 347 120 240 347 volt ballast for / / ES3-CF2 Up or down light, two 26, 32 or 42 150PSMH Pulse start 150 watt metal halide, RAL/ Provide a RAL HID lamp, except the 50 MH an d 50 HPS watt ballast. Not watt, 4 pin lamps. -18°C min start temp. Specify wattage. 120/208/240/277 volt { PREMIUM 4 digit color number available with LED. filter color ES3-CFX Up and down light, two 32 ballast. Use medium base, ED-17 lam p• COLOR CUSTOM GFH Gel holder to add to the luminous front lens. or 42 watt, 60% - 40% light j distribution. -18°C min start temp. 15OPSMHT6 Pulse start 150 watt .Please COLOR provide a BBU Battery backup powers a compact fluorescent tamp for up Specify wattage. _._ metal halide 120/277 volt ballast. Use G12 color chip for matching to 90 minutes during a power Light Emitting Diode (LED) -LEDs and drivI e► base, T6 ceramic lamp. failure. Operating temp 0°C to Included ------ 55°C. Not available with HID ES3-36LBI1-WW Up or down tight, 36 light 50HP5 50 watt high pressure i � or LED. emitting diode array (37 watt). sodium, 1201277 volt ballast. Use medium — Warm white (3500K). 120 thru 1 base, ED-17 tamp. LAG 277 volt. i 70HPS 70 watt high L j Luminous Acrylic Ribs ES3-36LED-BW Up or down light, 36 light I pressure sodium, l J LAG Ede lit acrylic rill assembly emitting diode array (37 watt). 120/208/240/277 volt fits the front lens. Bright white (5100K). 120 thru ballast. Use medium Small Center Panel 277 volt, base, ED-17 lamp. - FPP (painted the same color as the fixture) ES3-54LED-WWX Up and down light. Primary IOOHPS 100 watt high SMP Perforated output 36 LEDs (37 watt). Secondary output 18 LEDs (18 I pressure sodium, 120/208/240/277 volt SM4 4 Squares watt). Warm white (3500K). 120 i ballast. Use medium SMB Blank cover thru 277 volt. 60% primary - 40% i - base, ED-17 lamp. Full Panel with a Perforated secondary tight distribution. 150HP5 150 watt high SMB Center ES3-54LED-BWX Up and down tight. Primary pressure sodium, 120/208/240/277 volt ' - FPP Painted Finish output 36 LEDs (37 watt). ballast. Use medium FPS Brushed Stainless Steel Secondary output 18 LEDs (18 base, ED-17 lamp. FPC Natural Copper watt). Bright white (5100K). 120 All ballasts are factory wired for 277 volts, Full Panel with a 4 Square thru 277 volt. 60% primary - 40% unless specified. Lamps not included, F4P _%C1 Center 5eCOndary light distribution. except LED options- All a ballasts are are EISA compliant. ( j F4P Painted Finish F4S Brushed Stainless Steel 9 04 Please visit wvmaal.net for dimensions and weight. f4C Natural Copper QSPC QUARTER SPHERE COMPACT ARCHITECTURAL WALLPACK Job Type Intended use: • QSPC is designed for entry and perimeter lighting from mounting heights of 8-12ft. Use where full cutoff light control is required. Typical applications are commercial, multi -family and high end residential locations. Egress option available on CFL version. Construction: • Die cast aluminum housing and door for rugged, yet light weight protection of internal components • Tempered, impact resistant clear glass lens shields LEDs from weather and bugs • Micro prism glass lens standard on 70P/42F units for lamp image reduction • Units are gasket sealed and certified for use in wet locations • Quick -mount adapter allows easy installation without opening the fixture. Mounts over recessed wall junction boxes. Down aim only. Electrical: LED: Input 23.3w drives 13 LEDs for 1184 lumen output. Universal voltage driver is 120-277V, 50/60 Hz. LEDs have nominal 5000K color. CFL:.4 amp max, 120-277V and 120/277V, CFL lamp color temperature 3500K HID: 1.9 amp max,120-277V Listings: • Listed to UL1598 for use in wet locations, No uplight generated, IDA approved 'In Canada, certified for 120-240V Approvals ,:::: 6.69" (170 mm) 7.25"� � 12.875" C U� uS "1• QD (184 mm) (327 mm) QSPC LED QSPC HID/CFL Outdoor Lighting ORDERING INFORMATION ORDERING EXAMPLE: QSPC-42F9-BZ-BOC I --- — — I Series Wattage/SourceNoltage Finish SERIES WATTAGE/SOURCE/VOLTAGE FINISH QSPC Quarter Sphere Pulse Start BZ Bronze Compact 70P8 70w PS Quad -Tap® PL Platinum CFL' 42F8 42w CFL Quad-TapO 421`9' 42w CFL 120/277V LED 13LU-5K' 13 LEDs, 23.3w,120-277V 50,000 hrs life CFL lamps are 4-pin, 3500k ' Available in BZ finish only Options OPTIONS BOC2,3 OT battery backup for CFL lamp provides 90 minutes backup power. Option only available on 42F9 version. 20 HUBBELL OUTDOOR LIGHTING WWW.HUBBELLOUTDOOR.COM 11112 N/F UNIVERSITY OF VERMONT WfERSIWIE 69 STATE OF VERMONT_ N/F PURDY 7 _— TROMB�Z` �,5—�-- — \ \, \ I /�N/F �` \\ \ \ SHERIDAN \ \ \ D'RAAYER /> \\ \ Z \\ 7 do YANG. \ \\O \ /WA/LSH N/F ROBBINS \� YIU \1 do CHUNG 1 N/F 1 COUTURE \\.\ N/F �\ JOPPE-MERCURE: I I( N/F SHEPARD - — N/F SAUER --T\ \O i MARCHESILIL� \\ \� N//F DAYTILIO \\ \ N/F DESARNO 1 i N/F HORIZON HEIGHTS i N #360 SPEAR CUPOLA GOLF COURSE INC. —I-89 SOUM OUND --� I-89 NORTHBOUND—• — I_e9BAS Q N/F N/F N/F ROBERGE IMCKENNAI ASSO I BOUT I� REAL 1 /III1 SOUTH BURLINGTON REALTY CORP. o -- 127 121 1111 GRAPHIC SCALE ( wFvt) 1 inch - 100ft. \ FUTURE ACCESS \ \ APPROVED BY CITY `�\\ BUT NOT CONSTRUCTEf1\ �,�F, OF VCq,_ DAT, NPN C1�.lYQlla DFH * HENTR * N0. CIVIL Sk Sg0vy p,6' SUMMIT ENGINEERING. INC EnBlne­ Sury m -- Landscape A,c ft— 1233 Shelburne Road C2 South Burlington, VT 05403 Bus. (802) 658-5588 MAW NPN SM 5VAM, 1'=100' Location RECEIVED MAY 16 209 of So. Burlington OWNERS OF RECORD, 205 DS LLC UNIVERSITY MALL, LLC VOL. 992, PG. 217 VOL 778, PG. 63 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 SOUTH BURLINGTON. VT 05403 EXISTING CONDITIONS PLAN OAS 5/9/13 ORAHMO NO. 205 DORSET STREET EM UNIVERSITY MALL RRaf-Of W. 155 DORSET STREET SOUTH BURLINGTON, VERMONT 723.11 N UNIVERSITY OF VERMONT 11V l lil\J 11-11 L,' 0.7 STATE OF VERMONT _ N/F PURDY 17 EXISTING \. NOIS WALL _- TRO�M LEY`--_-Z�--�S-�-- ---- N/F \ \.\ \\\ LOADING , SHERIDAN ",\\ \ DRAAYER . `\ \ \\ 7LOADING HAND & YANG. \ \ \� \ AREA \ � 1 /WALSHNF \ \... ROBBNS N/F % \ YIU do CHUNG N/F t I I COUTURE / \ 15 N/F \ I JOPPE-MERCURE,I — --�'• N/F \\ SHEPARD I I N/F I ti �11CT\ SAUER I I , N/F HORIZON HEIGHTS 1 N/F #360 SPEAR --------__—__�_-- --_- i CUPOLA GOLF COURSE INC. -'I-89 SOUTHBOUND BOUND — -- - — - — - — - —_— _ I-89 NORTHBOUND— BAAELINE I 18 1 I.H. DISTRIC —i - LOADING F LOADING C_ --- - 19 --ARE - 3-AREA- 19 19 IAFORD'S ;8 KOHL'S ��19nI P 19V 20 20 HOME 3OODS 19 19 19 19 19 34 33 32 31 25 Y 1� p Irmo c A 1 39 37 39 39 37 -_` `O \\ o SEARS MARCHE SAULT \\ \� \\ AUTO \ \ \ ERMC — \ \ �� CENTE \\ DnruONF \ \\ DESA/RNO 1 1 1 I ABJ INC. i University Mall and 205 Dorset Street Proposed Retail, Revised 5/28/13 PUD - Lot Coverage_ Total Area 2,268.366 sf = 52.07 acres Buildings: 707,776 sf Existing = 31.2% +3,561 sf Proposed 711,337 sf New Total - 31.4% impervious: 994,163 sf Existing = 43.8% -7,071 sf Proposed 987,092 sf New Total = 43.5% Pervious: 566,427 sf Existing - 25.0% +3,510 sf Proposed 596,937 sf New Total = 25.1% GROSS LEASE AREA: Previously Permitted: 618,605 sf Proposed: 6,352 sf New Total: 624,957 sf _58— C2 18 \ \ 7 `\ _ 1 2 10 _71 UNIVERSITY MALL EXISTING MALL L STORES JC PENNEY / yA9 6 C79 C21 20 n 36 37 39 39 37 37 8 33 32 20 20 21 21 20 3 UULL7711 �r 18 16 \� Ci6 19 6 19 a�O 4 �- 17 17 10 7 MI6 4 *_ - BEGIN \� OFF -RAMP \ i 8 8 20 . n,,,,,,,,,,,,,,,,,,,, LOADING' AREA 4 ,o SEARS r STORE '< MALL , ........ , ENTRANCE (TYP) PARKING STRUCTURE BON —TON EXIT ONLY LOADING AREA t , I 6 I T 88 T88 88 T5. i 9 4D I15 I = DORSET STREET -_ - - - — - - — - - — ------ - -- N�� N/F i �.�_- --.. ' N/F RIN RO 'MCK NNAI REALTY'Bown WOOD, ORSET SQUARE ASSOC.- ASSOC. 1 I I I K 1 I N/F I I I SOUTH BM N ULINGTON� I REALCORP. SOUTH B RLINGTON N REALTY CORP. RW REALTY ASSOC. Lot Coverage in 50Setback Aloha Buildings: 4,546 sf Dorset Street Existing PARKING +1,538 sf Proposed Total spaces - 3,149 Spaces (or 5.03/1000sf GLA) 6.084 sf New Total = 6% Breakdown of 3,149 Spaces: Impervious: 35,861 sf -1,765 sf Existing Proposed 983 in Parking Structure 34,096 sf New Total = 35% 2,166 on site Pervlous: 57,684 sf Existing +227 sf Proposed 57,911 sf New Total - 59% II N/F AMI BURLINGTON INC. I BAR ES & NOBLE GRAPHIC SCALE ( IN I=) t inch - 100 tt LOT COVERAGE IN I.H.O. DISTRICT ALONG I-89: BUILDINGS: 33,937 SF = 8.8% PAVEMENT. 14.4,705 SF = 37.7% GREENSPACE: 205,268 SF = 53.5X TOTAL: 383,910 SF = 100% \ FUTURE ACCESS \ RECEIVED APPROVED BY CITY BUT NOT CONSTR CTED\'I MAY 2 8 2013 of So, Burlington N/F LARKIN, TARRANT & HOEHL °Y o� 0o v 0 q TEKRAMNPARTNERS I GR ER J CHAMPMPLAINr v OWNERS OF / OIL CO. RECORD: / , ��� 205 DS LLC UNIVERSITY MALL, LLC VOL. 992, PG. 217 VOL 778, PG. 63 419 BOYLSTON STREET SUITE 300 C/O FINARD PROPERTIES, LLC 155 DORSET STREET BOSTON. MA 02116 SOUTH BURLINGTON, VT 05403 0.315 ACRE 51.76 ACRES tiE�E y UUE-VA D PN SUMMIT ENGINEERING. INC 1233 Shelburne Road C2 South Burlington, VT 05403 Bus. (802) 658-5588 OVERALL SITE PLAN 5�s3 alsvmm DFH 205 DORSET STREETS1 UNIVERSITY MALLNPN 155 DORSET STREET SOUTH BURUNGTON, VERMONT OR,4KlNG NO.ae�uAv SM 723.11 MWE 1--100' ISean Auto S-1k. canter O I Ell I c a 2 I 4 m � roo HOT oar suits 0 ENTER ONL+1 UA 1 UA O _ T-111-1 -L { Property lire 205 Dorset Srt Plant Schedule -------- ----- Eo.emant Lhe 516113 O Light Pde Dedduous r s b Hydrmt M Bpy 41y: S- Lath Name Canman Nome yy(p, ® O Coos. V./dro AC 3 B-10' AmManahkr -ad-*, Sh-Wow S-k berry Planting Arena Cannily Under P.-ant Shall Be Emawted To A Depth Of 3 F t b Sign And files Wth A SL/table Planing Mix (loan (a Cable TV Box UA 4 6' W.- aneNcana LPoerty A-i- Elm Or Sandy Loam) To Establish A Sultab/e SOO 0 Cmorete Mm=wt Fwnd Shrub. Volume To Support T Gro th. ® Dote W/. O Ppa F nd Bay Oty- &M Loth Name Canman Nmyi C Cattch Bach CA 3 3 gat. C-. Alba Rd Stem Dogwood /® { 0 1 bdsthg DeaW- r EF 24 3 gat. Euan}mus fortune! £ erdd and Odd £uanynus fc 1B 3 got flex glabm 'Canpacta' Canpact boa ry -ang Caniferous T ^`r'� HV 1 5-6' H-Wis Nrgiana carman Ritch.-I &A thg Shrub. SB 4 3 got. Spkea x bumdda Anthany Mbh-' Spk'ea £xl.thg Curb Pr.P-d aA 6. 1 UA -__ CURB RAMP Mlll ��e`'��-.,L}`\/ye t DETECTABLE WARNNC i� ■ �+� �+�` I � I � I_ �I Y L_I IIIIII i II- —rZy 4 2— ° °° DIDE�DPAND N� f So 6[ringtc Pa4ette sWW NEW HMWW Sq % I 2UA / I 1 i � o it I ;Es Rf1ACA7ED ll„J� o o I _ I I I A7M BOLLARDS CURB RAMP NTH DETECTABLE WO; ( O ) II I UtMlty £asemmt I Wtamh Sh pp. a UtMty an(D C3 (D r II 0 it I O O ------------i ---' -�— ° o a e I o se —..... I I (Typ.)E ® --- _ -_------ Cmrnte Sidewdk Ut/ItyE ent UtdityE n Pawd BAe Path OO O UtMty Easamanto O D (0 R S E T S T FFff 1 Rsuawy r-d,q Rados A.- &t,-.. M-a ,4W.. 5/T9/YJ - - - - - - - - - - - - - - - - - - - - - - - - 1 A'entxd d6"w F 4.-t and 9abwaft. J/✓6/Y3 AF)f9'LW OATS GRAPHIC SCALE oA� 10 DAT, NPN SITE AND LANDSCAPING PLAN 5/9/13 GLASS DFH OR,4NfNC NO. ( IN FM HEIM 205 DORSET STREET S2 1 inch - 20 tt q a•7AQ9 NPN SUMMIT ENGINEERING, INC UNIVERSITY MALL Y c r pEMm SM Engine- • Surveyor6 • Planner • Lantlscape Archttects PRR,ECT NO. M-4U, 1233 Shelburne Road C2 South Burlington, VT 05403 155 DORSET STREET SOUTH BURUNGTON, VERMONT r� 723.1 1"-20' sue. (802) 658-5588 ISeam Auto s-w Center s N O Light Pde HN*ont ® Manhde 11G cae ✓db Svg m Cable N Box 11 Cmcrete Mmummt Found ® Cate vhe O pun Ppe F— Catch Barit (s �(e Exbtl79 De fduoua Tree }✓ Exbthg Cm//nova Tree E.I.N g Shrubs _- . Efathg Cmtmr ® Proposed Cant— L➢nita Or CmaWctbn Sed➢nmtat- Can— At Ca- Boa➢, Existing Curb Proposed Curb r - aa�,w, >, p� T EIVED A_ ENTER 2S $ in 300.3 . ' .., E ._. ONLY . " _ E Y2p13 307.1 J09.9 30D.9 DEIEC'fANE Cm WARNNO-_—__—__—__� r` ._.i... q------___--� — 307.7 310.7 If� 310.4 / l j------ UET NEW WAIER A SEWER Is EDSRNG GAS SERVICE m BE RElt1ED HANDICAP i of So. DMIng#nr PARONO SIGN PROPOSED SDEWAX \ IYP. .. -- � - .. _. 311.0 - _I Paquette SOHAMXWI RACK PAD ;`.` PANOIMARIOW SONS �I I I / 1 II r RETAt STORES \ / I I i RELOCATED 0. / SP EAg1 .� — / / ' 311.0 ) i 310.4 — _ �:.z.,, � _ _ — — — — — I CM ItAbli FFE 3120 B011AADS _- 3110 DETECTABLE WAANN6 311.0 F70SMO GRADE Ntamh SToppe utility Easement Uf➢Ity .. - - ------' -- —' - - -' } 16' MN. a 310.7 ) Ell j I 1 C /I 15, MN. OF ET CONSIRUCDON --- --- ------ - ----- ------ eaik ut➢lty Evawn nt LWlt Easemm UET UET UET a UET UET u-. UET UET UET UET — SO SD SD 50- SD SDSO Sp.. 0 _ _Ss SS SS SS SS SS 0 SS _ SS SS SS D O R S E T S T FFff 7 MnSea' r—,*, Rod- /— En(m% V ,ed .42W — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 Reused �idiq F {ori7t and .S,eb.dF 506/l3 GRAPHIC SCALE / AEMSM 1?47E uetry DAT, NPN GRADING AND UTILITY PLAN 5/9/13 ( 1R pgg➢) `'~�� Ou r' �pD I 106� ORAONO NO. L tobti - ZOn ny a205 DORSET STREET S3 N0. 7179 UNIVERSITY MALL aVIL � NPN SUMMIT ENGINEERING, I � Enginssra. spneyore. Plennera. Lantlacape rcnrc— ects PRR.ICT NO. 1233 Shelburne Road C2 155 DORSET STREET scArE South Burlington, VT 05403 SOUTH BURUNGTON, VERMONT 723e� 1e—P0' Ba.. (sOz) see seas CONCRETE CAP ROUNDED SMOOTH DIAMETER STEEL PIPE FILLED WITH CONCRETE - FINISH GRADE III : - - SUITABLE BAOIFlLL 70 IICQNCRE7E BASE T SOUL Ik z 12" - 3ONCRETN-FILLED r9TNEL BOLLARD N.T.S. IN ROADWAY AREAS REPLACE 617UMINOUS PAVEMENT AND GRAVEL BASE (COMPACTEiD] TO 95X STANDARD PROCTOR) TO MATCH EXISTING CONDITIONS UNLESS DIRECTED OTHERWISE COMMON FILL MATERIAL �� COMPACTION REORREMEMS: \ - (STANDARD PROCTOR METHOD) Sox OF MAXIMUM DENSITY WHEN TRENCH EXCAVATION OCCURS ON A CROSS-COUNTRY ROUTE 95% OF MAXIMUM DENSITY WHEN TRENCH EXCAVATION 12' OCCURS IN TRAVELED WAYS COMPACTED IN 12 LIFTS 6" a.ASS Al REDOING MATERIAL (SAND) FOR WATER PIPE CONFORMING WITH TABLE 704.02 B OF THE VT. A.O.T. STANDARD SPECIFICATIONS FOR CONSTRUCTION', 2006 EDITION. E SIDE/BACK ELEVA770AI © A 2x4 AND 2x6 CAP - A a' A d 12' PRECAST CYWG - NHEEL STOPS 71, . 4 - 16' x 16' CONCRETE PAD as (SEE DETAIL) jjSEE DETAIL d � 16' BOLLARD PLAN 7x4 2x6 4x4 Ix6 SEC770N A -A M/v4ts ANO -I- (IYP.) 6' PORTLAND CEMENT CONCRETE 1500 PSI W/ /4 RETNFORCINC BARS 12' O.C. EACH WAY O MID -DEPTH. STOP &IRS 3' FROM ALL EDGES CONE GATE SHALL BE CONSTR*VOOEN CTEDSLAT OF SAME APPROV SLATTED AL OTHER APPROVED MATERIAL AS THE ENaOSURE GATE ELEVAT/ON N GREEN AREAS 11,­ PROVIDE 6" MOUND ABOVE EWS77NG GROUND FOR _SETTLEMENT 11 I -III -I e' O.D. 24' 4 PIPE DIA. dOIES MAINTAIN MIN B' STOVER FOR A[1 WAVER PIPE AND SEWER PIPE IN PAVED AREAS ER AN Q? SSE OF COVEN FOR SEWER IN GRASSED AREAS All MOVa ES SHALL MEET VOSHA STANDARDS PRIOR TO ANY PERSONNEL ENTERING A TRENCH TRENCH TYPICAL YARES AS PARALSAL HANDICAP RAMP AT RETAIL BITS N. Ts COMPACTED 2' X 6' RIGID STRUCTURAL BACKFlLL POLYSTYRENE INSULATION WHERE MINIMUM DEPTHS CAN NOT BE MAINTAINED. 2' THICKNESS FOR EVERY FOOT LESS THAN MIA04UM DEPTH 9 BEDDING MA7ER/AL (SAND) CLASS / BEDDING MA AERIAL (STONE) FOR SEWER POPE CONFORMING MEN TABLE 704.02 B Or THE VT. A.O.T. STANDARD SPECIFICATIONS FOR CONSTRUCTION, 1990 MATON. PROVIDE ANTI-SILTA710M MATERIAL BETWEEN CLASS I AND I MATERIALS BGLAROS -1"4 (EVENLY SPACED ALONG FRONT CF ATM) SITE OF RELOCATE) ATM V- 12- COMPACTED CRUSHED GRAVEL DUMPS7ER PAD SECTION DUMPSTER BNCLOSURE DNTAILS N.T.S. CLASS g-- MATERNAL uxw .P (SAND) 6' MN. 5X5' WATER LINE INSTALLATION AND TESTING 1. BEFORE CONSTRUCTION OF ANY UTILITIES OR IMPROVEMENTS, THE NOTES, CONTRACTOR SHALL NOTIFY TOWN OF SOUTH BURUNGTON WATER 1. ALL WOOD SHALL BE EXTERIOR DEPARTMENT (SBWD) IN WRITING, OF THEIR INTENT TO PROCEED AND SHALL GRADE, PRESSURE TIT - ARRANGE FOR A MEETING WITH THE DEPT., THE ENGINEER, AND THE LUMBER, WIN MAN. ONE COAT CONTRACTOR TO DISCUSS THE PROJECT WEATHER RESISTANT STAIN. 2 ALL WIRE MESH, METAL POST. 2. ALL WATER LINE INSTALLATION, DISINFECTION AND TESTING SHALL BE IN HARDWARE, ANO FASTENERSSHALL FULL ACCORDANCE WITH 'SPECIFICATIONS B DETAILS FOR THE BE GAL VAW2ED S]EEL INSTALLATION OF WATER LINES k APPURTENANCES", BY CHAMPWN WATER J.CONCRETE SHALL BE J000 PST, AWN. DEPTH 3'-6 , MIN. 6' CLEAR DISTRICT, LAST REVISED FEBRUARY, 2007. OW ALL SIDES (18'e TIP.) 3. ALL WATER MAINS, FITTINGS, APPURTENANCES, AND OTHER MATERIALS AND CONSTRUCTION SHALL CONFORM TO 'SPECIFICATIONS At DETAILS FOR THE INSTALLATION W ON OF WATER LINES do APPURTENANCES', BY CHAMPN WATER DISTRICT, UST REVISED FEBRUARY, 2007. 4, CONNECTION TO AN EXISTING WATER MAIN SHALL BE DONE BY OR UNDER WOOD SLATTED FENCE DOUBLE THE SUPERVISION OF. AND WITH THE APPROVAL OF SBWD. IT IS THE GATE, OR OTHER MATERIAL APPROVED BY THE CITY OF CONTRACTORS RESPONSIBILITY TO SECURE ALL NECESSARY PERMITS AND PERMISSION TO MAKE THE CONNECTION AND TO COORDINATE ALL PARTIES UVIN INVOLVED IN THE PROCESS. SIIWD AND TIE ENGINEER SHALL BE NOTIFIED AT LEAST FORTY-EIGHT (48) HOURS IN ADVANCE OF THE INTENDED GA 7E CONNECTION TIME. 5. ALL WATER MAINS AND SERVICES SHALL HAW AT LEAST A TEN (10) FOOT 6,6 POST SEPARATION HORIZONTALLY FROM SANITARY SEWERS OR 18' VERTICAL 4x4 GROSS :A SEPARATION WHERE CROSSING.. 6. ALL WATER LINES AND APPURTENANCES SHALL BE PRESSURE AND LEAK TESTED BEFORE BEING PLACED INTO SERVICE, ACCORDING TO AWNA STANDARDS C-600, C-605, C-651, THE VERMONT WATER SUPPLY RULE, AND 'SPECIFICATIONS M DETAILS FOR THE INSTALLATION OF WATER LINES At APPURTENANCES', BY CHAMPWN WATER DISTRICT, LAST REVISED 1,6 SU FEBRUARY, 2007. MEASURED AT OR NEAR THE HIGH POINT IN THE SPACED 9' O.C. PORTION OF THE SYSTEM BEING TESTED. AND THE TEST SHALL BE RUN (OVERLAP FOR TWO(2) HOURS. SEND AND TIE ENGINEER SHALL. BE GIVEN AT OPPOAIE SIDE) LEAST FORTY-EIGHT (48) HOURS NOTICE BEFORE THE TEST IS TO BE CONDUCTED, AND THE MUNICIPAL WATER DEPARTMENT PERSONNEL SHALL WITNESS TIE TEST. ALLOWABLE LEAKAGE SHALL BE COMPUTED BY THE FOLLOWING FORMULA: 1) L - (S.0-0/148,(100 WHERE; L - NUMBER OF GALS. ALLOWED LEAKAGE PER HOUR, S - LENGTH OF PIPE TESTED IN FEET, D - INCHES OF PIPE DIAMETER, P - AVERAGE TEST PRESSURE (PSI GAUGE). ME PERSONAS) CONDUCTING THE TEST(S) SHALL, IN WRITING, CERTIFY THE RESULTS TO THE REGULATING AUTHORITIES. FENCE CORNER OETAIL 7 ALL WATER LINES SHALL BE FLUSHED AND DISINFECTED IN ACCORDANCE W TH AWWA C-651. AND AS FURTHER OUTLINED IN SECTION 39.00 IN 'SPECIFICATIONS At DETAILS FOR THE INSTALLATION OF WATER LINES @ APPURTENANCES', BY CHAMPWN WATER DISTRICT, LAST REVISED FEBRUARY, 2007, OR AS DIRECTED BY SBWD BEFORE BEING PUT INTO SERVICE. TIE CONTRACTOR SHALL INSTALL A 1' DIAMETER TAP IN THE WATER MAIN FOR CHLORINE INJECTION. DISINFECTION SHALL BE ACCOMPLISHED BY INTRODUCING A CONCENTRATION OF 25 mg/L OF FREE CHLORINE INTO A RECENTLY FLUSHED MAIN. THE DISINFECTING SOLUTION, AFTER REMAINING IN THE WATER MAIN FOR 24 HOURS, SHALL HAVE A CONCENTRATION OF AT LEAST 10 mgA OF CHLORINE THE PERSON(S) RESPONSIBLE FOR DISINFECTION SHALL REPORT IN WRITING, TO SBWO AND VERMONT DEPT. OF HEALTH THAT THIS DISINFECTION PROCEDURE WAS FOLLOWED AND THE REWIRED MINIMUM RESULTS WERE OBTAINED. ACTUAL SAMPUNG SHALL BE PERFORMED BY THE ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SAMPLING AND ANALYSIS COSTS. 4' M/N. COVER SERVICE SIZE AND ROPE (141N 1/4",11T) AS SHOWN ON PLAN I MATERIAL (STONE) GROUND TYPICAL SANITARY SERVICE PROFILE NORMALLY USED WHEN THE SANITARY MAIN 5 OVkR 8'� N.T.S. ,,,-SIGNS SHOWING SYMBa ACCESSIBILITY, TYP. SIDEWALK 8c) Nc - 8'-0'--8'-0'- MAN. MIN. 5-0 I 8'-0' FOR VAN ACCESSIBLE I.) BITUMINOUS CONCRETE RAMP SHALL MEET TOP OF SIDEWALK CURB. 2) HANDICAP SYMBOL SHALL BE CENTERED IN PARKING STALLS J) HANDICAP RAMP SHALL BE STRIPED AND TEXTURED IN CONFORMANCE WITH WRANS SID C-JA h CJB 4.) HANDICAP RAMP SLOPE SHALL NOT EXCEED 8Jx BE 3500 PST O 28 DAYS R 6' S WITH E74'ANS/ON XMITS 20' O.C.. 2" B17LWNCUS CONC'RE7E 7' BI40ER COURSE (SECTION 405,, TYPE I) 4'.'.:'.: .':: g:.'.......... 'BASE MATERIALS PI . .A...:: ...A 6' MIN ... a.'.'.': �...::.:.......... PAVEMENT SECTION -I 12-GRAVEL("SECTION :.': .'.'....::. 704.05, TABLE it COARSE) -1 I 1-1 I I -III_ USE 24' GRAIL -SPECIAL SECTION WHEN SUBCRADE IS TI-I I- MOX PASSING 0200 SIEVE NOTE REFERENCED SPECIFICATION SECTIONS SHALL BE IN CONFORMANCE MIN THE VERMONT AGENCY OF 7RANSPORT47I010 STANDARD SPECIFICATION FOR CONS7RUC710V, CURRENT EDITION. CURB AND PAVNMENT TYPICAL N.T.S. BROOM FI1W9d- \ 5' d7 AS SPECIFIED ON PLANS ^ 1/2• 1 4' PER FT. >• 1J� 1 4' PER FT 6' 5' (3500 PST POR- CEA/ENT COICREIE) 12' SUBBASE Or G A PEI p ala. (6' CONCRETE THICKNESS AT DRIVEWAY) ILA CONSTRUCT EXPANSION k LYX/)RACiiDI4 .00AN75 EVERY 20' WITH DUMMY JOINTS EVERY 5. BIDNWALB TYPICAL NTT% FANMARY BSWjW IN8PbC4 A. The C-boct- shot? per/ and the new grodty sewers hall pass a low pressure ak test witnessed by the E,,91- prior to acceptance of Me se wen. The test shd/ be In con/ -w w/M Action I-A-a3 (kX2) of the-W-.-td protection rules B. The low pressure air test hall be perfomred m follow. I. AI ends of /aterd stubs hall be suRab/y capped to wiMstand Me htsnn/ test pressures. Caps hall be extmskna Connected.We fbr tmearat--timeA ) be pugged at the test t- with pneumotk pl g..M� 2. After a section of line has been baddp/ed and deaned, K hdI be plugged at sad, and With pnsumatk thatMey r� het against of the the the teurn.tkest preswro� mch without r Wkhg external blocking or b=A g. One of the pkgs MAIN haw throe horn connections. Air for Inflation of the tr(de emnectkn pneumatic plug Moll be supp/krd through a Tc(y equoped cantrd panel. Theta Md/ be three how connmNa,. frown the contra panel to the Pneumatic PA. y One ham halt be used her Inflot/ar of the plug. Thor d hoes shell be used far continuously reading the air pessure in the scaled The. Ths third how he be used for Introducmg low pressure air into Me coded The. J Thew hell be a J-1/2' - larger di-f-, 0-30 pig gauge mounted on the contra panel for reading of the InTma pressure in the line being tested. Cakbrat/ons from the 0-10 pip range Moll be in tenths of pound. and the 0-10 pig portion hag caVer 90l of Me complete did rage. 4. Low Pressure sk half be kin-boed Into the seded the until the Internet air prepuce reaches 4 ps/g greater than the awraya bad prepare of -y f-dwater that may be ow the pbe. At karat two (2) mJwtw hell be agowed for the ak pressure to at.151U.. After the stobill,,tion petted, the third how Ind/ be qukkly d/soannmted from the control Panel. S The portion of the /Ins being tested hd/ be acc pted /f the portion undo test does not I.- air of a rate greater than 0.003 cArn per square test of internal ppe saris- when tested at - average pressure of JO pWg greats th- any bad Pressure exerted by gro rdwoter that may be own the pp. at the tine of the test. 6. The above requirement hell be accomplMed by psf-ring the test as ".- The time roquked In minutes for the pressure to decease ban J5 to 2.5 Paig (greats Man the owroge bad pressure of -y ground -ter that may be own the Mown for the All- d/aneters Anthe Idlowhgetab/e: PIPE DIA. N4 /NGIES M/NUIES/1I' LENGTH 4 0.3 6 0.7 e 1.2 7. M air pwssurs -it- b /.Wked When the Pre-img ground arts As how the -suer h Me beg tented. Under this c affllsn, Me ek test Pressure must be A or-md .4JJ psi for each foot the ground was level le oboes the th-t of the pips The C-tracts kr rep-Abl. !or determining the Iswl of gramd-ts. 8 /f the hstagatkn fags to meet this rewir-t, the C-trotter half det-k,. at his a- .V-- the defeoNwf al � -oil He rwkm-his rrad retest m ny 9. iight led-paef wavers on, of the saeance of this contract. Testing het/ be carrt.d out as sewers are -emitted. FORCE MAINS INSPECTION AND 7ESiNG A. The C-bads hall pert-n and the new lb- mothe he8 pass a high pressure -I- test witnessed by the Engines prior to acmptance of the tor- mains. B. The high p - Water test half be perl-d as W.- I. Afts the / e ..In p(ee and fitting hatai liana how been carpeted the -&-tor Mall Proceed In the proem- of the wgheer, to rest the Installation. T Ling ps,,ibrmod het/ hw/w both hyd ostatk pressure -d leakage feet. 2. Testing q9-,g-r haI be In attach -as rlth -it- ,-A Xh) of the Erwa men td Pmtmtbn Rules Gans& defog. are as &H.- J Sufficient backM should be placed prior to M/ng pipe with arts and tied tmtkmy to prevent hl thg of the pipe due to Internal ten! peswrres. The tranchm should be badWed Immedotely efts the Islas has been laid since exposed pipe & -bbct to damage from MAIAng henry obj-t. m Wew assub)sct to fl-tatkn bar -ter bed-f-By anteing the bench. Testing Mould be corded out efts back.g has been canpleted but be/we pacanmant of permanent sur) . 4 Each sectl- of the pipeline hold be f.Wdy Mled with Wvter and of, air expWed at high point. Th. 50 P.a./ test pressure is then %pled by means of a pump netted to Me pipe In a manner mtbfocty to Me engines. Test pressure must be mahtaIned by additional P-Wk g, If hems-y for the t- h-r test during whkh the amount of being, I. determined by ensuring the amount of saWiland sater pumped Into the The. All de/ t/Ve a/ -is must be r,%-ked - rod and replaced, and the test rpwted until the pipeline withstands the pressure end the aN.-ble leakage -quksrants haw been met. The allowable Asdag. As cdcdated - 11.1 : NDJT- L - 7,400 Where: L is the allow.&. leakage An gdkxm p- h N b the number of I.M. An the I-gM of Me p(m/he being fleeted. D b Me nmhd dA-.ts of the ppe An Inches P As the overage tent pressure during the leakage testa In pounds Per square inch 9-9e V AND TSBTIN(i SEWER TANKS INSPECTION AND 7ES77NG A. Leakage tests Mal be performed by the Contractor and obseiwd by the Engineer an each precast concrete tank. The test Mal be - exNtratkn test, AnNtro6an test or wanes test o. deecrbee blow. B. After the t-k has been assembled In place, oil lifting holm hell be Allied and pointed with an pp - non mortar as wd/ as Bose extsrfor Joints w/Mk, 6 feet of the ground surface. The test Mal/ be made prior to placing Me ANN and hwrt (if r quhed). It the groundwater table has been apowad to rim oboes Me bottom of the tads, It hall be lowered for the duration of Be test. Alf Ross and other openings Into the tank Mad be su/tobly plugged and plugs braced to prewnt blowout. G EXFILTRATION TEST 1. The lark Moll be M/ed With vats to the top of the tin. If the ex-wtkn has not been badfl/led aid obserwthan hdkotes no O.W. leakage, that As, no water 0451y -Wng down the surWm of the tork, then, Be to,.k may be considered to be mtbf-talfy watertight. 2. If the rest ae deacnbed abaw is unsotbfi-ty as determined by the Engineer or If the tank ex-wt/an has been b-k6ged, the test hdl be conti-d. A Period of time (4 hours) may be permitted AT the Contract- msA- to d/ow far absorption. At the and of this period, the tank Moll be -.WW to the top, d the measuring tone of at least 6 hours begun. At the and of the test period, the tank hell be reWled to the tap. .-surfing the Volume of Wats added. This scat Mal/ be -&wasted to a 24-hour rote -d the leakage determined - the basis of depth. The leakage for each tank Mall not exceed i gages per 15.7 square feet of submerged surface area far a 24 hour period. If the test togs this mqukement but the leakage does not exceed 3 gallons per 15.7 square lest per day, �Enghe�obring Me leakage within the off-abb - directed by rate of I gag- per 15.7 square !wt per day. Lsok y due to o d f-tlw section of pInt or mceeding Be J qad- Per lS7 square Ieet per day, Mag be cause for Bn ro)ec,i_ o! the t-k. It hall be Be Contractor's ro p-dbgny ra --- the fork os necessary and to of stumble, reconsbuct w rplace /t as dA zted by the Eughesr. The t-k hall then be retested The Engines may require that - approved, nantoxk d)s be added to the wets fenr testing Purposes 3. The -filtration test may be conducted either be! or after badMfbg -arnd the tack. H--,, if the Contractor elect, to badlgl prior to testing, It het/ be at his own risk and R shall be Incumbent upon the C-trac to determhe the reason far any lag-e of Me feet No sain i ent h Me 1-kg. a#. -w Will be made for unknown -uses such m leaking pugs, .15-ptkn, .tor.. A., It WW be -.d that all loss of water during Me tees & a result of Inks Mrough Me Joints - through Me commie. Furthermore, the Contractor half take any steps n.cme-y to osnrrs the Enghser that Me vats table 1.below the boom of the tank throughout the test. D. RFURARON TEST If the graundwots table b above the highest Aak t h Me tank, end if there As no leakage Into the fork - determined by the Engines, such a test can be used to .w/uote the tsfoltnees of the tank. Ha -sun If the E%hes As not satbRed, the C-tracter Mall lows the -ter table and a-y out the sxmWekn - wsuum test as descrbed harsh. E. VACUUM TEST 1. The C-tract- hell pug the Pipe p-Ings and pace the wauum testing qV-atus h the f-k using o 60 .ahA fagre to tight- the extend darp.. The carrlpreee/orr bomd all than be N ,ld to seal the base. The Vacuum pump hall be o-meted to the outlet pat of the base with the Valve open. A w- of 10" of HIT, Meg be d--. The Voles hall then be dosed. 2. The test hag Pees /f the w-um remains at 10' HIT.or drops to 9' Hg. h o tints greets than ten minutes It the tank fag. the Initial test the Contractor shall locate the leak and make the proper repaks Leaks may 6e Red with a art slurry of auk# setting material m .ppowd by Me Engines. J. The Vacuum feet hag not be - a-ptable method tank. hadMled Ovid, n-granular mots;&. RECEIVED MAY 2 8 2' City of So. Burlington 1 / Rewsed ParWs' Nandirp RorrRo of ATM 19,&V �Il.SL1V 5/2B/73 GATE qE� tiE OF YE "MY OU?LAS s * HEWTT NO, 7479 q7 CIVIL ^Ra. frq ' 'WNFy SUMMIT ENGINEERING, IN Engineers • 6uroeyors . Planners • Landscape Arthltecte 7233 Shelburne Road C2 South Burlington, VT 05403 Bae. (802) 658-5588 DETAILS OA7E 5/9/13 �,� DFH 205 DORSET STREET UNIVERSITY MALL 155 DORSET STREET SOUTH BURLINGTON, VERMONT bWAAWNG NO. D1 LVPAMV BEG GNEOED DFH PRt241`'CT NO. 723.11 Sr" NONE N/F UNIVERSITY OF VERMONT N/F HORIZON I N/F _—__--_____— ---__ I #360 SPEAR ---- ---------- CUPOLA GOLF COURSE INC. — - — - — - — •- I-69 SOU VD --------------------------- -- THBDU ---L` I-89 NORTHBOUND--... � `I- 9 BASELINE�� INTERSTATE 89 OF URDY NOISTWA� wm%by,_ 3R 18LH. DISTRIC _ LOADING LOADING b TROM-F �'-\ \ C_ -AR[/r - 3AR6A-- 'n \ \ LOADING 19 _ N/F \\ \\ AREA t9 1 2� `�._ BEGIN `\�\ ' SHERIDAN \ _ OFF -RAMP \ \\ /. 19 5 5 y N/F \\ \ \\ 7 18 10 B o B 8 20 DRAAYER > \ \ LOADING KOHL'S - �o \ AREA HANNAFORD'S to =� ? s s old & YANG. \ \ � � \ 1 ,- /WALSH , �` \ \ \\ �1J UNIVERSITY MALL 3 \ \\ \ �\ y 19 EXISTING MALL - 7 � N/F \\, `�.\ 1 ® zo STORES �* LOADING^ ROBBINS AREA 20 10 \ W(1IA17 b n _ 191 ,Q '57 wTv -nn- T T f77\ ,i c+rA nc� .__.- .. .... •�\ N/F YIU 4, CHUNG N/F COUTURE - NF SHEPARD SAUER IGG pt6'(Ric,\\ N/F MARCHESSAULT \\�� N/F \ \ DATTILIONF \ \ DESARNO i II N/F I RW IROBERGEI N/F MCKENNAI REALTY' BOUTI� WOODI 1 ASSOC. SOUTH BURLINGTON REALTY CORP. N/F �RW REALTY ASSOC. RECEIVED FUTURE ACCESS ` APPROVED BY CITY \\ BUT NOT CONSTRUCTEQI MAY 2 8 2nj°9 of So. Burlington N/F \ LARKIN, TARRANT & HOEHL m°i c>ti DORSET STREET ASSOC. I I AMI BURLINGTON INC. I BARNES A i N/F I N/F Q� rc I�N/F TEKRAM PARTNERS NOBLE GREERN/F CHAMPLAIN, OIL CO. m hj SOUTH BURLINGTON REALTY CORP. i OWNERS OF RECORD: 205 DS LLC UNIVERSITY MALL, LLC VOL 'SUIT 930 PG. 217 VOL155 778. PG. 63 RE SNOW STORAGE PRIMARILY 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC ON PAVEMENT SUITE 30D 155 DORSET STREET BOSTON, MA 02116 SOUTH BURLINGTON, VT 05403 0.315 ACRE 51.76 ACRES SNOW STORAGE PRIMARILY ON GREENSPACE <i OF GRAPHIC SCALE #y NeOF_WTT�* y� NO. 7470 CIML Wp CIO ONAL.f { IN FEET ) 1 1°9L - 100 It OAT, NPN xgcvm DFH NPN SUMMIT ENGINEERING, INC En91n - S.rve m I Planners - Lendace a A"OkS e ;ylralry SM 1233 Shelburne Road C2 South Burlington, VT 05403 =A[E Tel100- Bue. (802) SS8-5588 SNOW STORAGE PLAN oA�r 5/28/13 205 DORSET STREET ORAWNC NO SS1 UNIVERSITY MALL PROal:CT NO 155 SOUTH URL DORSET N, VERMONT © 17723.111 " 61FO, r T �� . •usv. ma`s;.. , � _ 1' ATFF N t1 �" ; J' F ' \' t f S". r •'.i�3,,� 11p�'� �' q �' � t!1�ii1��' d' 0 K. 1,� /�y N; A' 1 � " f' ,y m i �d Tj ,r University Mall I South Burlington, VT I Proposed Renderings (5-16-2013) 525 Hercules Drive I Suite Two I Colchester,VTO5446 I P:802.655.5020 I F:802.655.6567 I wiemannlamphere.com 1 1 \r ri I i i i x AT EACH DOORWAY) A2.01 3/Ib" = I'-O" n50UTH ELEVATION A2.01 3/I6" I'-O" nEA57 ELEVA710N A2.VI 3/16" c I'-O" nNORTH ELEVATION A2AI NOTE: MINIMUM OF 60% OF OVERALL STREET LEVEL GLAZING SHALL BE CLEAR GLAZING. (MAXIMUM 40% SHALL BE SPANDREL GLAZING) MINIMUM OF 50% OF STREET LEVEL GLAZING FACING DORSET STREET SHALL BE CLEAR GLAZING. ALL CALCULATIONS ABOVE EXCLUDE CLERESTORY HINDO1,45 RECEIVED MAY 16 2013 City of So. Burlington Weann lam pohere 1 ARCHITECTS _-y i TEN?%NT SP?GE I 5,000 SF ANNIN& ABOVE TENANT 5FACE 2 5,000 aF o .o. ---------------- RECEIVED MAY 16 2013 Cit y of So. Burlington Wiie ann Lamphere ij7(�j ARCHITECTS 205 Dorset Street Landscaping Schedule / Costs 5/13/13 Deciduous Trees Key Qty. Size Latin Name AC 3 8-10' Shadblow Serviceberry UA 4 6" Liberty American Elm Shrubs Cost Ext. 369.99 1,109.97 2,640.00 10,560.00 Key Qty. Size Latin Name Cost CA 3 3 gal. Red Stem Dogwood 29.99 EF 24 3 gal. `Emerald and Gold' Euonymus 39.99 IG 18 3 gal. Compact Inkberry 44.99 HV 1 5-6' Common Witchazel 139.00 SB 4 3 gal. `Anthony Waterer' Spirea 29.99 Subtotal material Tax @ .06 Markup X 1.3 Labor 50 hrs. @ 25.00 Mulch 10 yards @ 45.00 Amendments Stakes 21 @ 3.00 Total Existing plant material to be removed 4 Norway Spruce valued at 400.00 each (average) 1 Norway Maple 7 Spirea at 20.00 each 10 Rosa Regusa at 18.00 each 1 Dwarf Alberta Spruce 1 Euonymus "emerald and gold" 2 Yews, Taxus x media at 52.00 each 1 Arbortitae, Thuja Occidentalis 1 Matus, variety unkown 2 Green Ash, no value 1 Norway Maple, multi stem, broken leader, no value 2 Euonumus alatus, Burning Bush, no value invasive species 4 Red Barberry, no value, invasive species Ext. 89.97 959.76 809.82 139.00 13,788.48 826.30 4,136.54 1,125.00 450.00 100.00 63.00 $19,939.32 1600.00 285.00 140.00 180.00 100.00 25.00 104.00 400.00 300.00 Total Value of Plants to be removed $3,134.00 Building Cost $672,780 Landscaping Budget $14,427.80 Value of Removed Plants $3,134.00 Minimum Landscape Budget $17,561.80 Plant material costs for this estimate were derived from the Gardner's Supply Wholesale Catalog, Spring 2013 and the Elm Research Institute. Schedule / Costs prepared by Doug Weber, Landscape Designer, Summit Engineering Inc. 1-1� / Permit Number SD-�- (office use only) APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax#) University Mall LLC, c/o Finard Properties LLC, 155 Dorset Street, South Burlington, VT 05403, #(802) 863-1066 (p); #(802) 863-5836 (f) 205 DS, LLC, 419 Boylston Street, Boston, MA 02116, #(617) 892-8679 (p); #(617) 892-8680 (f) 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) Umall: Vol. 778, Pa 63, 205 DS: Vo1.992 Pg. 217 3) APPLICANT (Name, mailing address, phone and fax #) University Mall, LLC (same as above) 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) Landowners, fee simple 5) CONTACT PERSON (Name, mailing address, phone and fax #) Sheila McIntyre, Summit Engineering, Inc., 1233 Shelburne Road, C-2, South Burlington, VT 05403, #(802) 658-5588 (p) 5a) CONTACT EMAIL ADDRESS smcintyrega summitengvt.com 6) PROJECT STREET ADDRESS: 155 Dorset Street and 205 Dorset Street, South Burlington 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 21/0570-00155 & 0570-00205C 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): Incorporate the 205 Dorset Street Parcel (0.31 acres) into the University Mall shopping center PUD (51.76 acres); develop a new building for retail use (6,000 sf); relocate an existing ATM structure (352 sf); and associated site improvements. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com b) Existing Uses on Property (including description and size of each separate use) An existing shopping center at 155 Dorset Street (704,983 sf footprint), and an existing commercial building and ATM building (2,793 sf footprint) at 205 Dorset Street. c) Proposed Uses on property (include description and size of each new use and existing uses to remain) All existing uses on the University Mall Parcel G 5 5 Dorset Street) to remain. The buildings on the 205 Dorset Parcel will be replaced by a 6,000 sf retail building, and the existing ATM structure on the 205 Dorset Street parcel will be relocated onto the University Mall parcel. d) Total building square footage on property (proposed buildings and existing buildings to remain) Existing: 707,776 sf. Proposed: 711,337 sf e) Proposed height of building (if applicable) 18' to roof, 2 1 ' to parapet f) Number of residential units (if applicable, new units and existing units to remain) Not applicable. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) The applicant requests a parking waiver of 8.4% for a proposed parking ratio to 5.03 spaces per 1000 sf of gross lease area. Although the overall lot coverage and lot coverage within the 50 ft front yard setback exceeds the current regulations, the proposed design reduces the coverages from those that currently exist. The green space will increase by pproximately 3,580 sf for the overall PUD, and the fronts and green space will increase by approximately 198 sf. 9) LOT COVERAGE a) Building: Existing 31.2 % b) Overall (building, parking, outside storage, etc) Existing 75.0% c) Front yard (along each street) Existing 41.2% Proposed 31.4% Proposed 74.9% Proposed 41.0% 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) Utility easements and access easements to adjoining commercial lots exist on the property. 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) The project will utilize municipal water and sewer which exist on both parcels. Sketch Plan Application Form. Rev. 12-2011 12) ESTIMATED PROJECT COMPLETION DATE Summer 2014_ 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (1 I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT I. SIGNATURE OF PROPERTY OWNERS Do not write below this line DATE OF SUBMISSION: I have reviewed this sketch plan application and find it to be: R Com lete ❑ p _ Administrative Date 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. Sketch Plan Application Form. Rev. 12-2011 SUMMIT ENGINEgAING, INC Engineers + Surveyors + Planners + Landscape Architects 205 Dorset Street/University Mall Water and Wastewater Basis of Design April 25, 2013 Existing Water/Sewer Design Flow (VT Environment Protection Rules, (9/29/07) As permitted in WW-4-2160 for Peter and Vilma Jacob, 7/19/04 590 gpd Proposed Water/Sewer Design Flow (VT Environment Protection Rules, (9/29/07) Small Dry Goods: 2 stores x 100 gpd/store = 200 gpd 80% of sewer design flow for connection to municipal system >50,000 GPD Proposed New Sewer Flow = 200 gpd x 0.8 = 160 gpd Net decrease Sewer Flow = 590 - 160 = 430 gpd 10% reduction for water conserving fixtures: (3.5 gallon/flush toilets, showers and faucets 2gpm or less) Proposed New Water Flow =200 gpd x 0.9 = 180 gpd Net decrease Water Flow = 590 - 180 = 410 gpd FAPEADATATROJECTV723. I I \BASISDN3.DOC CITY OF SOUTI3 BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 1 Oth day of May, 2013, a copy of the foregoing public notices for Sketch plan application of University Mall, LLC [type of application] #SD-13-15 [application number], and Preliminary & final plat application of University Mall, LLC [type of application] #SD-13-16 [application number],were sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of- way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Patricia J. Purdy 26 Brookwood Drive So. Burlington, VT 05403 Tung T. Phan 24 Brookwood Drive So. Burlington, VT 05403 Patricia E. Sheridan 22 Brookwood Drive So. Burlington, VT 05403 Dean Eric Draayer 9 Adirondack St. So. Burlington, VT 05403 (20 Brookwood Ave) Joanne Lalime 18 Brookwood Drive So. Burlington, VT 05403 Andrew Hill 16 Brookwood Drive So, Burlington, VT 05403 Yiu Poon & Gabryell K. Kendall 14 Brookwood Drive So. Burlington, VT 05403 Luella M. Couture 12 Brookwood Drive So. Burlington, VT 05403 Paul & Ann E. Joppe-Mercure Trust 10 Brookwood Drive So. Burlington, VT 05403 John F. & Jean M. Shepard, Trustees 8 Brookwood. Drive So. Burlington, VT 05403 Irene L. Sauer 6 Brookwood Drive So. Burlington, VT 05403 Jacques P. & Sandra J. Marchessault 4 Brookwood Drive So. Burlington, VT 05403 Kenneth A. & Susan H. Dattilio 2 Brookwood Drive So. Burlington, VT 05403 Michwartz Properties, LLC 329 Dorset Street So. Burlington, VT 05403 (321 Dorset Street) Theresa M. Paquette 70 Fitzsimon's Road Jericho, VT 05465 (165 Dorset Street) Larkin, Tarrant, Hoehl Partnership 410 Shelburne Road South Burlington, VT 05403 (for 1 & 5 Dorset Street) State of Vermont Agency of Transportation Montpelier, VT 05602 Malone Dorset St. Properties, LLC 122 Gallison Hill Rd. Montpelier, VT 05601 (192, 196, 200 & 222 Dorset Street) Ruth E. Wood 174 Dorset Street University of Vermont So. Burlington, VT 05403 State Agricultural College 85 So. Prospect Street Dorset Square Associates Burlington, VC 05401 c/o Neville Companies 30 Kimball Avenue, Suite 101 260 Quarry Hill Rd., LLC So. Burlington, VT 05403 270 Quarry Hill Rd. (for 150 Dorset Street) So. Burlington, VT 05403 (for 260 Quarry Hill)) Dorset St. Investment Group 75 South Winooski Ave. Cupola Golf Course, Inc. Burlington, VT 05401 270 Quarry Hill Road (for 108 Dorset) So. Burlington, VT 05403 (for 270 Quarry Hill) Barnes & Noble 1400 Old Country Road John Larkin Westbury, NY 11590 410 Shelburne, Road (for 102 Dorset Street) So. Burlington, VT 05403 (for 376 Quarry Hill) Tekram Partners 2 Market Street So. Burlington, VT 05403 Per City of South Burlington 5/13 (100 Dorset Street) Dated at South Burlington [town/city], Vermont, thisl3th day of May 2013. Printed Name: Sheila McIntyre Phone number and email: 802 658-5588• smcint re summiten yt.com Signature: Date: May 13, 2013 Remit to: City of South Burlington Department of Planning R Zoning 575 Dorset Street South Burlington, VT 05403 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: February 13, 2012 Application received: January 12, 2012 UNIVERSITY MALL 155 & 205 DORSET STREET SKETCH PLAN APPLICATION #SD-12-01 enda #5 Date: February 21. 2012 Owner/Applicant University Mall LLC 155 Dorset Street South Burlington, VT 05403 Engineer/Contact Property Information Summit Engineering Inc C1 R 15 Zoning District 1233 Shelburne Road 52.07 acres South Burlinqton, VT 05403 Location Map Subject Property CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD PROJECT DESCRIPTION 2 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall_sketch University Mall LLC, hereafter referred to as the applicant, is requesting sketch plan review to amend a previously approved planned unit development consisting of: 1) a 704,655 sq. ft. GFA shopping center complex with 618,846 sq. ft. of GLA, and 2) a 4,638 sq. ft. GLA drive-in bank. The amendment consists of: 1) incorporating the adjacent 205 Dorset Street property into the PUD, 2) razing the existing building, 3) relocating an existing 352 sq. ft. ATM building, and 4) constructing a 5,500 sq. ft. building for retail and drive-in bank uses, 155 & 205 Dorset Street. COMMENTS Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on January 12, 2012 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements C1 -RI 5 Zoning District Required Proposed Min. Lot Size 40,000 SF Approx 52 acres �1 Max. Building Coverage 40% 31.3% Max. Overall Coverage 70% 74.9% Min. Front Setback Shelburne Road 50 ft. 28 ft. �l Min. Front Setback Laurel Hill Drive 30 ft. 30 ft �l Min. Side Setback 10 ft. 10 ft. Front Yard Coverage 30% 45.5% �l Zoning Compliance +.I. 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 1,907 sq. ft. for the overall PUD. • The existing building at 205 Dorset is setback only six (6) feet. The applicant is proposing to locate the new building set back to 28 feet. This is actually set back slightly further than the last approved building on the site (Vitamin Shoppe) and results in a front yard setback waiver of 22 feet. The applicant is proposing to continue a 15 foot landscape buffer between the building and Dorset Street, which exists along the Vitamin Shoppe building. Details of this landscaping buffer will be provided at the next level of review. • The existing front yard coverage is 46.4%. The applicant is proposing a front yard coverage of 45.5%. Although the new building is being pushed back significantly from the road, it should be remembered that the overall PUD has significant frontage along Dorset Street and even removing a building completely from this CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall_sketch portion of the site would not bring the property into compliance. 1. The Board should discuss the applicant's request for front yard setback waiver. Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. 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 Water Department has not yet reviewed the plans and has stated that they will do so at the preliminary plat level when more details are available. 2. The City of South Burlington Water Department shall review the plans for the subject project, prior to preliminary plat approval. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The City Engineer has not yet reviewed the plans and has stated that they will do so at the preliminary plat level when more details are available. 3. The City Engineer shall review the plans prior to preliminary plat approval. The applicant shall obtain preliminary wastewater allocation prior to preliminary plat approval and final wastewater allocation prior to issuance of a zoning permit. 4. The applicant shall obtain preliminary wastewater allocation prior to preliminary plat approval and final wastewater allocation prior to issuance of a zoning permit. 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. 5. The applicant shall include sufficient site grading and erosion control plans as part of the preliminary plat application. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 4 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall_sketch 6. 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. 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 a one -directional, in -only, curb -cut off of the southernmost access drive to the University Mall property. This curb cut is approximately 18 feet wide and narrows to 12 feet to the front of the building. This is narrower than the two-way access which currently exists. Egress from this area of the property is available internal to the overall mall parking lot and is not at or near the Dorset Street intersection. Staff finds the access management acceptable. The entrance to the bank drive through is approximately 60 feet from the intersection at Dorset Street, but is entrance only and should not result in any traffic queuing difficulties. The applicant is also proposing to include a new 5 foot sidewalk along the UMall entrance drive. The proposed use is for a bank with two lanes of drive -through servicing. As such, and pursuant to Section 5.01 F(2) of the SBLDRs: Applications for a drive -through facility shall be subject to conditional use review and the following restrictions at minimum. - (a) Compliance with Traffic Overlay District provisions, if applicable. (b) Compliance with an approved access management plan providing for curb cut consolidation and secondary access. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. The access to the subject property is not within the traffic overlay district and its provisions are not applicable. The applicant should submit an analysis of stacking lane and aisle width for the anticipated use of the drive -through facilities. Is the queuing length sufficient? This shall be reviewed by a third party technical consultant. 7. The applicant shall submit a study analyzing adequate stacking lane length and aisle width. This shall be reviewed through third -party technical analysis. As the use of the subject property will be changing from an approved umbrella permit (approved 18 pm peak vehicle trip ends) to a combined retail store and drive through banking facility (ITE Land Use Codes 814 and 912, estimated 72.68 pm peak vehicle trip CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 5 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall_sketch ends), the proposed use is estimated to generate an additional 54.68 additional pm peak hour trip ends. The applicant shall pay traffic impact fees based on this increase. The Board should discuss whether this is significant enough to warrant a traffic analysis. 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. 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. 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. There are no open space areas on the site. 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 Chief has not yet reviewed the plans and has stated that he would prefer to do so at the preliminary plat level, after any changes to layout and parking are made by the Board at the sketch plan level. 8. The South Burlington Fire Chief should review the plans for the proposed subdivision, prior to preliminary plat approval. 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. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 6 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset Umall_sketch Staff has already noted that the City Engineer shall review the preliminary plat plans and provide comments prior to approval of the preliminary plat application. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels 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: 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. These criteria require especially thorough and scrupulous review when applied to drive-in facilities. Staff has worked with the applicant throughout the design process to work towards a plan which meets these criteria to the strictest possible standard. Staff is supportive of the safe and accessible pedestrian provisions. The drive -through entrance begins immediately upon entering the site. The exit from the drive -through has a clear line of sight of the parking area. A walkway is provided along the southern edge, and the design allows all of the parked vehicles direct access to the building without crossing the drive lane. A paved sidewalk accesses the building from the sidewalk along Dorset Street, providing for pedestrian access to the proposed building. Staff does not recommend 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. 3,141 parking spaces are provided on site. Therefore, the applicant is requesting a parking waiver of 294 spaces, or 8.6%. Staff fully supports this waiver. The bank is a small neighborhood bank, the retail space very small, and the property is serviced by the most accessible public transportation route in the City. It is also located in a dense area and likely to be patronized by pedestrians and employees in the area who will not require parking spaces. Staff believes that the parking on site will be more than adequate. The Board should discuss this request. 10. The Board should consider a parking waiver request of 294 spaces or 8.6%. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall sketch 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; (ii) 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, (u) 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 buildings) 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. 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. It is not clear where or how many bicycle CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 8 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset Umall_sketch racks are on the property. The applicant should clarify this. It would be reasonable to expect a bicycle rack be located in the vicinity of the new building. 11. The board should discuss the adequacy of bicycle parking on site. 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. 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. 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. 12. The applicant should submit architectural details with the preliminary plat plans. 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. Again, the applicant should submit architectural details with the preliminary plat plans. 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: 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. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 9 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall_sketch 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. 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, 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. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans should show snow storage areas for the subject property. 13. The plans shall be revised to depict snow storage areas as part of the preliminary plat plan application. 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. 14. The applicant shall submit a landscape plan and budget in compliance with Section 13.06 of the SBLDR as part of the preliminary plat plan application. 15. The applicant should submit estimated construction costs with the preliminary plat application, so that the exact minimum landscaping requirement can be determined. 16. The City Arborist shall review the plans and provide comments prior to preliminary plat approval. Lighting CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 10 DEPARTMENT OF PLANNING & ZONING \\drb\staffcomments\ SD_12_01_205Dorset_Umall_sketch 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 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. All lighting shall be shielded and downcast. 17. The applicant should submit a lighting point by point plan and lighting cut -sheets with submission of the preliminary plat plan application. 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. 18. For purposes of planning and zoning, the lots in this subdivision shall be considered one (1) lot. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plans. [����7i�h�T�►V�7��[�l��J Staff recommends that the applicant address the numbered items in the "Comments Section" of this document before proceeding to any further plan review. Respectfully submitted, Cathya LaRose, AICP Engineers + Surveyors + Planners + Landscape Architects January 20, 2012 Development Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: University Mall PUD, 155 Dorset Street & 205 Dorset Street, Sketch Plan Review Clarification of Requested Waivers Dear Board Members: On behalf of Finard Properties, LLC and 205 DS, LLC (Owners), I am submitting an application for Sketch Plan Review to incorporate the 0.31 acre parcel at 205 Dorset Street in the existing 51.76 acre University Mall PUD. We are seeking approval of the DRB for the reconstruction of the existing commercial building on the 205 DS parcel with a new 5,500 sf building including a retail space and a drive-thru bank, and the relocation of an existing ATM building. There are no changes proposed to the Mall intersections or vehicle access to the site. Access to the 205 parcel will be via the existing driveways. It is the intention of the plan to preserve the existing site function and general layout, with minimal disturbance to the surroundings. It is also the intention of the plan to create an updated, efficient building that adds an aesthetic attribute to Dorset Street and to the University Mall site. As part of this Sketch Plan design: 1) A parking waiver of 9% for the shopping center is requested. This represents a waiver from the 5.5 parking spaces per 1,000 sf gross lease area to 5.03 parking spaces per 1,000 sf gross lease area. 2) There is no parking proposed along the frontage of any buildings. Existing parking behind the building will be utilized to serve this area of the shopping center. There is no new parking proposed in the 50 ft front yard setback. 3) Pedestrian access off of Dorset Street will be via a proposed sidewalk along the north edge of the existing Mall driveway where no sidewalk currently exists. 4) The Mall PUD is currently a nonconforming lot regarding total lot coverage. Lot coverage is currently at 75%. With the proposal, it will be decreased to 74.9% 5) The Mall PUD is currently a nonconforming lot regarding lot coverage in the frontyard setback. With this proposal, front yard setback coverage will decrease from 46.5% to 45.7%. 6) Although the new building and ATM are proposed within the 50 ft front yard setback, they are intruding less than the existing situation, and the design elements intend to improve upon the aesthetic features, and include landscaped greenspace between Dorset Street and new building. A landscaped buffer of 15 ft is incorporated onto the 205 parcel 1233 Shelburne Rd., C-2, South Burlington, VT 05403 Business (802) 658-5588 Fax (802) 658-3629 I to continue the unified landscape theme of the Mall, similar to that approved for the Vitamin Shoppe. A waiver is requested for this new building. 7) Although there is some impervious area proposed between Dorset Street and the new building for an access drive to the bank drive-thru, it is not proposed for parking. Vehicles will use this for one way access only, and the drive will be sufficiently buffered with landscaping, similar to the People's Bank layout at the north end of the University Mall PUD. A waiver to the front yard setback is requested for this one way drive. Currently, it is the intention of the Owners to maintain the 204 DS parcel as a separate parcel as it exists today, and as such, we recognize that the detailed building designs would have to meet the 5 ft property setbacks for structures established in Sec. 15.02A(4). If you have any questions about the materials provided, please do not hesitate to contact me. Sincerely, Sheila McIntyre Environmental Planner i'eaend Eg. -t Lire O 00t Pde H>rant ® McMde OG Co. vd,. StO. cod. ry eox 13 Concrete Mmument F e ® Cote vd. O hon PIle Found ® Coteh B=k) CDExbti,g <."�'✓!! Declevou! rroe Exhti�g Can/Mui! T Exbtbg ShLuos Sears Auto Service Center - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NIFNW Realty ' South B rfington ' Realty Corp. —0- DORSET STREET ---------------------------- ----- RW Realty Assoc- I Roper e R Boutin I Wood i Dorset Square Assoc. GRAPHIC SCALE (INS) I inch - 80 R U r o 0 G;9 O 9 a� ° ° r. BAN 12 2W City d o. buoington wr Tekram Partners DAT, NPN 1 66.1. 1 1 1 1 1 BANK &RETAIL SKETCH PLAN oat 1/9/2012 FH � MANY 205 DORSET STREET S2No. NPN SUMMIT ENGINEERING. INC UNIVERSITY MALL (y(q�m Englneen . 3urvel.rs . Planners . Landscape Arcnhecb PRO fCT NO. SM 7233 Shelburne Road C2 155 DORSET STREET srAeE South Burlington, Vr 05403 SOUTH BURIJNGTON, VERMONT 723,11 /XENAN@ SYAi4IXLS7 1"=30' Bus. (802) 658-55W Fex (802) 658-3e2a N UNIVERSITY OF VERMONT N/F HORIZON HEIGHTS i N/F ----------------------'--- N3a0 SPEAR ------- ---__—__�,__�-_� i CUPOLA GOLF COURSE INC. f—I-89 SpUTHBOUND — - — - — - — - — - — - — - — - — - — - — - — - — - — - 1-89 INTERSTATE 89 NORTHBOUND—. STATE OF VERMONT PURDY 17 EXISTING 35 7ROMBLEY♦ �- f-C--- NOIS WALL Ia I.H. DISIRIC LOADING - LOADING b C2 18 ---�}F- - ----Z --- - --- -----11R[A- 3ARGA--- 7- ♦ LOADING C 19 / _ i \ 1 \ \ N/F ♦ \ \ \\ AREA 19-�--_-__ 2 -\-- BEGIN �\ SHERIDAN 5 OFF -RAMP 20 \ 9 10 &'A�Nc ♦♦� \\\\ \?� \\\7L/OAADIINNG HANNAFORD'S is KOHL'S — _ o a e /N/F /.♦ \ \ \ 19 UNIVERSITY MALL,_ 33 3 \♦ \ W"�" EXISTING MALL 7 \ ♦♦ \\ . , ` 0 STORES ,* (� z'' ROBB BINS /\� \ \ 2LOADING _ ``5 / ♦♦ I / ' 1 20 AREA 4 h• 10 Location lMa ♦♦ HOME t9 � 1 SEARS r- r� \ GOODS 19 JC PENNEY�o STORE ; k CHUNG ' \�♦ 8 I \ 1 FUTURE ACCESS ♦♦ \ 19 APPROVED BY CITY �\ ' N/F 1� I 19 EXISTING BUT NOT CONSTRUCTED\ COUTURE \ / \ MALL 15 34 g ENTRANCE I N/F \ I 33 C79 (TYPJ JOPPE-MERCURd' I \ I \ N/F U201 o I ♦ �. \ PARKING STRUCTURE SHE=ARD t Tµ�GT\ 39 37 3939 37 36 37-3-9 37 B 33 32 20 20 BON —TON EXIT N/F AUE I\ �J39 37 SAUER \TA, D� A \\ =21 21 20 3 2 ONLY I LARKIN, TARRANT h HOEHL N/F I \ `O \ SEARS 18 13 17 00� 1818 - \ C16 LOADING I MARCHESSAULT ; \\ 1, \\ AUTO �" ` e ERV1C 11 19 6 \ 1 N/F \ •� �\ CENTE - 11 19 888111888 DATFIUO I \\ �� \\ / 70 17 3 10 I 6 I I t7 "�""� s 4� to T T-8 N/F 14 N/O Ig g 8 8 8 8 8 8 9 9 I DESARNO i 1 , I I 115 9 I vY o$ 1 I 1 •. os _ ao 0�a DORSET STREET i I N/F II RW iROBERGE� N/F 1 N F I i ' 7 -\ ABJ INC.i MCKENNAI REALTYI BOUTII� WOODS ORSET SQUARE ASSOC. I N \- ' I I ASSOC. I 3 N/F y-- J 1 0 AMI BURLINGTON INC. I BARNES I N/F N/F , NOBLE & TEKRAM PARTNERS GREER , / N/F N I J I I I I I I I I CHAMPLAIN, v SOUTH BURLINGTON LN / OIL CO. REALTY CORP. / ti~ SOUTH BURLINGTON REALTY CORP. !1 `� E. C E I V E D RW REALTY ASSOC. JAN 12 2012 OYMERS OF RECORD, 205 DS LLC UNIVERSITY MALL, LLC VOL 992, PG. City of So. Burlington 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 SOUTH BURLINGTON, VT 05403 GRAPHIC SCALE ( IN FEZT I t..h - IOOtt ♦♦ HOME t9 � 1 SEARS r- r� \ GOODS 19 JC PENNEY�o STORE ; k CHUNG ' \�♦ 8 I \ 1 FUTURE ACCESS ♦♦ \ 19 APPROVED BY CITY �\ ' N/F 1� I 19 EXISTING BUT NOT CONSTRUCTED\ COUTURE \ / \ MALL 15 34 g ENTRANCE I N/F \ I 33 C79 (TYPJ JOPPE-MERCURd' I \ I \ N/F U201 o I ♦ �. \ PARKING STRUCTURE SHE=ARD t Tµ�GT\ 39 37 3939 37 36 37-3-9 37 B 33 32 20 20 BON —TON EXIT N/F AUE I\ �J39 37 SAUER \TA, D� A \\ =21 21 20 3 2 ONLY I LARKIN, TARRANT h HOEHL N/F I \ `O \ SEARS 18 13 17 00� 1818 - \ C16 LOADING I MARCHESSAULT ; \\ 1, \\ AUTO �" ` e ERV1C 11 19 6 \ 1 N/F \ •� �\ CENTE - 11 19 888111888 DATFIUO I \\ �� \\ / 70 17 3 10 I 6 I I t7 "�""� s 4� to T T-8 N/F 14 N/O Ig g 8 8 8 8 8 8 9 9 I DESARNO i 1 , I I 115 9 I vY o$ 1 I 1 •. os _ ao 0�a DORSET STREET i I N/F II RW iROBERGE� N/F 1 N F I i ' 7 -\ ABJ INC.i MCKENNAI REALTYI BOUTII� WOODS ORSET SQUARE ASSOC. I N \- ' I I ASSOC. I 3 N/F y-- J 1 0 AMI BURLINGTON INC. I BARNES I N/F N/F , NOBLE & TEKRAM PARTNERS GREER , / N/F N I J I I I I I I I I CHAMPLAIN, v SOUTH BURLINGTON LN / OIL CO. REALTY CORP. / ti~ SOUTH BURLINGTON REALTY CORP. !1 `� E. C E I V E D RW REALTY ASSOC. JAN 12 2012 OYMERS OF RECORD, 205 DS LLC UNIVERSITY MALL, LLC VOL 992, PG. City of So. Burlington 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 SOUTH BURLINGTON, VT 05403 GRAPHIC SCALE ( IN FEZT I t..h - IOOtt NIP UNIVERSITY OF VERMONT N/F PURDY _- ------Z-\_-I-T-r--- TRO BMF \\\ N/F ♦♦ \ \\ DD LAREANN SHERIDAN A \ \\ 7 D'RMYER♦♦ \\\ \\ LOADING AREA & YANG. \ p� �♦ \ �. /WALSFHNF \\ . ROBBINS I ♦NF j 1 ♦1 t \ YTU & CHUNG a \. 1 ' N/F ) COUTURE \♦♦� ATE WALL , N/F � HORIZON HEIGHTS i N/F #360 SPEAR CUPOLA GOLF COURSE INC. —I-89 SO(1THBOUND I-89 NORTfIBOUND-- -�� I-B�BASE 1 ---�- --\ 35 x oa 0 8 \� -_--_- -\- LOADING LOADING o C2 1 -` -�-- BEGIN \_ ANNAFORD'S It M ie ,s 19 \1 15 I 20 20 HOME 19 GOODS 19 19 19 19 19 34 33 SHEPARD I 25 ' I LOAD SAUER 1 0, 39 �1CT 1\ �- NF N/F \ `o \ SEARS 1e MARCHESSAULT \I �� 1\ AUTO t" ERVIC N/FCENTE — DATTIUONF t DESARNO j i� II 14 1 1 1 •�. Univers'ty Mall and 205 Dorset Street PUD - Lot Coverage Proposed Retail and Bank, Revised 1/9/12 Total Area 2,268,366 sf = 52.07 acres Buildings: 707,776 sf Existing = 31.2% +3059 sf Proposed 710,835 sf New Total = 31.3% Impervious: 994,163 sf Existing = 43.8% -4,966 sf Proposed 989.197 sf New Total = 43.6% Pervious: 566,427 sf Existing - 25.0% +1907 sf Proposed 56,334 sf New Total= 25.1% GROSS LEASE AREA= 624,457sf KOHL'S UNIVERSITY MALL /^\ EXISTING MALL STORES 117 RIDOCATED 0 JC PENNEY � � z �16 � C19 U 20 17 18L3 37 39 3�9 37 36 37 39 39 37 332 20 20 21 21 2U e 3 2 \ C16 it 19 6 � 1818 T-B 8 � 11 PROP06ID 19 GIRDING 3 - 17 wup� � 10 7 II fi U'� � Frtorasm 54 MALL ENTRANCE \11 (T\'P) � BON —TON LOADING AREA 6 6 \♦♦ 3 3 �♦ 3 7 LOADING - AREA SEARS �D r-• STORE 3 ; r58 I PARKING STRUCTURE EXIT ONLY mol- 1� '11 i 8 8 T.- T-B T T FUTURE ACCESS `\ APPROVED BY CITY \\ BUT NOT CONSTRUCTED N/F LARKIN, TARRANT & HOEHL DORSET STREET N/F I N/F N/F I RW IROBERGE- N/F i N/F N/F I I i MCKENNAI REALTY- BOUT- WOOD- ORSET SQUARE ASSOC. ABJ INC. I I - - I ASSO__�� 5 1 I N/F I BARNS & I /F I I - `\\ Ii AMI BURLINGTON INC. NOBLE TEKRAM PARTNERS NI ] I i I I 1 SOUTH BURURLINGTON � N/F REALTY CORP. SOUTH BURLNGTON Location LOT COVERAGE IN I.H.O. DISTRICT ALONG 1-89: BUILDINGS: 33,937 SF - 8.8% PAVEMENT: 144,705 SF = 37.7% GREENSPACE: 205,268 SF = 53.5% TOTAL: 383,910 SF = 100% N/F i GREER N/F REALTY CORP. � � r RW REALTY ASSOC. G Lot Coverage In 50• Setback Along Buildings: 4,524 sf Dorset Street Existing -182 sf Proposed PARKING 4,342 sf New Total = 5% Total spaces = 3,147 Spaces (or 5.03/1000st GLA) Impervious: 36,363 sf Existing Breakdown of 3,141 Space.: -826 sf Proposed 983 in Parking Structure 35,810 sf New Total 41% 2,158 on site Pervious: 47,031 sf Existing +1008 sf Proposed 48,039 of New Total = 54% GRAPHIC SCALE >o ( IN FM) I. inch - 100R BAN 12 2012 �oq N/F 1AMPLAIN� OIL CO.. ti OWNERS Of 205 DS LLC RECORD: UNIVERSITY MALL, LLC � C� Sod BudIr �'ef 4�9 BOriSTON STREET C/0 FINARDGPROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 0.315 ACRE SOUTH BURLNGTON, VT 05403 9776 ACRES Co,• . south b toll PLANNING & ZONING /'� Permit Number SD- - r (office use only) APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax#) University Mall LLC, c/o Finard Properties LLC, 155 Dorset Street, South Burlington, VT 05403, #(802) 863-1066 (p); #(802) 863-5836 (f) 205 DS, LLC, 419 Boylston Street, Boston, MA 02116, #(617) 892-8679 (p); #(617) 892-8680 (f) 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) Umall: Vol. 778, Pg 63; 205 DS: Vol.992 Piz. 217 3) APPLICANT (Name, mailing address, phone and fax #) University Mall, LLC (same as above) 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) Landowners, fee simple 5) CONTACT PERSON (Name, mailing address, phone and fax #) Sheila McIntyre, Summit Engineering, LLC, 1233 Shelburne Road, South Burlington, VT 05403, #(802) 658-5588 (p) 5a) CONTACT EMAIL ADDRESS smcintyre@summiten vg t.com 6) PROJECT STREET ADDRESS: 155 Dorset Street and 205 Dorset Street, South Burlington 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 21/0570-00155 & 0570-00205C 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): Incorporate the 205 Dorset Street Parcel (0.31 acres) into the University Mall shopping center PUD (51.76 acres); develop a new building for retail and drive -through bank use (5,500 sf); relocate an existing ATM structure (352 sf); and associated site improvements. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com b) Existing Uses on Property (including description and size of each separate use) An existing shopping center at 155 Dorset Street (704,983 sf footprint), and an existing commercial building and ATM building (2,793 sf footprint) at 205 Dorset Street. c) Proposed Uses on property (include description and size of each new use and existing uses to remain) All existing uses on the University Mall Parcel (155 Dorset Street) to remain. The buildings on the 205 Dorset Parcel will be replaced by a 5,500 sf retail and drive through bank building, and the existing ATM structure on the 205 Dorset Street parcel will be relocated onto the University Mall parcel. d) Total building square footage on property (proposed buildings and existing buildings to remain) Existing: 707,776 sf. Proposed: 710,835 sf e) Proposed height of building (if applicable) Less than 35 ft f) Number of residential units (if applicable, new units and existing units to remain) Not applicable. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) The applicant requests a parking waiver of 9% for a proposed parking ratio to 5.03 spaces per 1000 sf of gross lease area. Although the overall lot coverage and lot coverage within the 50 ft front yard setback exceeds the current regulations, the proposed design reduces the coverages from those that currently exist. The green space will increase by approximately 1,907 sf for the overall PUD, and the front yard green space will increase by approximately 1,008 sf. 9) LOT COVERAGE a) Building: Existing 31.2 % Proposed 31.3% b) Overall (building, parking, outside storage, etc) Existing 75.0% Proposed 74.9% c) Front yard (along each street) Existing 46.4% Proposed 45.5% 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) Utility easements and access easements to adjoining commercial lots exist on the property. 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) The project will utilize municipal water and sewer which exist on both parcels. Sketch Plan Application Form. Rev. 12-2011 12) ESTIMATED PROJECT COMPLETION DATE Spring 2013. 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Vnlvc✓5�}y McAlllLLC B�.FiAO& ff f vht� V4itK.rsi+ P1.�1! u c 1 /�ana c b; ` flAA1h J d g� ;,,,,` l�✓��,�rhW /4•nu e/' S NATURED APPLICiAN na a si�LL (1dlot✓f ll.�kca� M6na�t � / j SIGNATU OF PROPERTY OWNERS Do not write below this line DATE OF SUBMISSION: ' 1 �, 9,— I have reviewed this sketch plan application and find it to be: Complete ❑ Incomplete / istrative Office Date The applicant or permittee retains the obligation to identify, apply far, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Sketch Plan Application Form. Rev. 12-2011 SCHEDULE E Adjoiner Information Submit with the application a list of all adjoining landowners with mailing addresses. An "adjoiner" is a person or organization which owns or controls land or easements on lands which physically abut the tract or tracts of land on which your project is located. Be certain to include landowners on the opposite sides of highways, railways, and rivers (unless you can prove the highway is owned in fee by the state or municipality). Also include homeowner associations, utility companies, and others with significant legal interest in the project land. It is very helpful if you indicate the location of each adjoiner on your site plan. If you do not provide a list which is thorough and up-to-date, your application could be delayed because of improper notice distribution! NAME & MAILING ADDRESS Patricia J. Purdy 26 Brookwood Drive So. Burlington, VT 05403 Tung T. Phan 24 Brookwood Drive So. Burlington, VT 05403 Patricia E. Sheridan 22 Brookwood Drive So. Burlington, VT 05403 Dean Eric Draayer 9 Adironack St. So. Burlington, VT 05403 (20 Brookwood Ave) Joanne Lalime 18 Brookwood Drive So. Burlington, VT 05403 Andrew Hill 16 Brookwood Drive So. Burlington, VT 05403 Yiu Poon & Gabryell K. Kendall 14 Brookwood Drive So. Burlington, VT 05403 Luella M. Couture 12 Brookwood Drive So. Burlington, VT 05403 Paul & Ann E. Joppe-Mercure Trust 10 Brookwood Drive So. Burlington, VT 05403 John F. & Jean M. Shepard, Trustees 8 Brookwood Drive So. Burlington, VT 05403 Irene L. Sauer 6 Brookwood Drive So. Burlington, VT 05403 Jacques P. & Sandra J. Marchessault 4 Brookwood Drive So. Burlington, VT 05403 Kenneth A. & Susan H. Dattilio 2 Brookwood Drive So. Burlington, VT 05403 Jeffrey Baker 321 Dorset Street So. Burlington, VT 05403 Theresa M. Paquette 70 Fitzsimon's Road Jericho, VT 05465 (165 Dorset Street) Larkin, Tarrant, Hoehl Partnership 410 Shelburne Road South Burlington, VT 05403 (for 1 & 5 Dorset Street) State of Vermont Agency of Transportation Montpelier, VT 05602 Malone Dorset St. Properties, LLC 122 Gallison Hill Rd. Montpelier, VT 05601 (192, 196, 200 & 222 Dorset Street) Ruth E. Wood 174 Dorset Street So. Burlington, VT 05403 Dorset Square Associates c/o Neville Companies 30 Kimball Avenue, Suite 101 So. Burlington, VT 05403 (for 150 Dorset Street) Dorset St. Investment Group 75 South Winooski Ave. Burlington, VT 05401 (for 108 Dorset) Barnes & Noble 1400 Old Country Road Westbury, NY 11590 (for 102 Dorset Street) Tekram Partners 2 Market Street So. Burlington, VT 05403 (100 Dorset Street) University of Vermont State Agricultural College 85 So. Prospect Street Burlington, VT 05401 260 Quarry Hill Rd., LLC 270 Quarry Hill Rd. So. Burlington, VT 05403 (for 260 Quarry Hill)) Cupola Golf Course, Inc. 270 Quarry Hill Road So. Burlington, VT 05403 (for 270 Quarry Hill) John Larkin 410 Shelburne, Road So. Burlington, VT 05403 (for 376 Quarry Hill) Per City of South Burlington 1/12 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 9 day of February, 2012, a copy of the foregoing public notice for Sketch Plan for University Mall, LLC , #SD-12-01 was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: Patricia J. Purdy 26 Brookwood Drive So. Burlington, VT 05403 Tung T. Phan 24 Brookwood Drive So. Burlington, VT 05403 Patricia E. Sheridan 22 Brookwood Drive So. Burlington, VT 05403 Dean Eric Draayer 9 Adironack St. So. Burlington, VT 05403 (20 Brookwood Ave) Joanne Lalime 18 Brookwood Drive So. Burlington, VT 05403 Andrew Hill 16 Brookwood Drive So. Burlington, VT 05403 Yiu Poon & Gabryell K. Kendall 14 Brookwood Drive So. Burlington, VT 05403 Luella M. Couture 12 Brookwood Drive So. Burlington, VT 05403 Paul & Ann E. Joppe-Mercure Trust 10 Brookwood Drive So. Burlington, VT 05403 John F. & Jean M. Shepard, Trustees 8 Brookwood Drive So. Burlington, VT 05403 Irene L. Sauer 6 Brookwood Drive So. Burlington, VT 05403 Jacques P. & Sandra J. Marchessault 4 Brookwood Drive So. Burlington, VT 05403 Kenneth A. & Susan H. Dattilio 2 Brookwood Drive So. Burlington, VT 05403 Jeffrey Baker 321 Dorset Street So. Burlington, VT 05403 Theresa M. Paquette 70 Fitzsimon's Road Jericho, VT 05465 (165 Dorset Street) Larkin, Tarrant, Hoehl Partnership 410 Shelburne Road South Burlington, VT 05403 (for 1 & 5 Dorset Street) State of Vermont Agency of Transportation Montpelier, VT 05602 Malone Dorset St. Properties, LLC 122 Gallison Hill Rd. Montpelier, VT 05601 (192, 196, 200 & 222 Dorset Street) Ruth E. Wood 174 Dorset Street So. Burlington, VT 05403 Dorset Square Associates c/o Neville Companies 30 Kimball Avenue, Suite 101 So. Burlington, VT 05403 (for 150 Dorset Street) Dorset St. Investment Group 75 South Winooski Ave. Burlington, VT 05401 (for 108 Dorset) Barnes & Noble 1400 Old Country Road Westbury, NY 11590 (for 102 Dorset Street) Tekram Partners 2 Market Street So. Burlington, VT 05403 (100 Dorset Street) University of Vermont State Agricultural College 85 So. Prospect Street Burlington, VT 05401 260 Quarry Hill Rd., LLC 270 Quarry Hill Rd. So. Burlington, VT 05403 (for 260 Quarry Hill)) Cupola Golf Course, Inc. 270 Quarry Hill Road So. Burlington, VT 05403 (for 270 Quarry Hill) John Larkin 410 Shelburne, Road So. Burlington, VT 05403 (for 376 Quarry Hill) Dated at South Burlington, Vermont, this 9th day of February, 2012. Printed Name: Sheila McIntyre Phone number and email: (802) 658-5588 smcintyre<a�summiten vt.com Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 rr � r4h4ht southburlin ton PLANNING & ZONING September 30, 2011 Heather Tremblay Finard Properties 155 Dorset Street So. Burlington, VT 05403 Dear Ms. Tremblay: This is in response to your request dated 9/26/11 for a new tenant at 205 Dorset Street. The new tenant will be Stich by Stich and will use 590 sq. ft. of space previously used for watch repair. Based on a review of the parking demand and traffic generation of the existing and new uses, the new tenant is hereby approved. Since the new tenant results in a change in use, a zoning permit must be obtained. Please submit the application to Administrative Officer Ray Belair. Should you have any questions, please feel free to contact me. Sincerely, Paul Conner Director of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com P R O P E R T I E S September 26, 2011 South Burlington Planning and Zoning Mr. Ray Belair 575 Dorset Street South Burlington, VT 05403 RE: 205 Dorset Street Dear Ray, RECEIVED SEP 2 7 2011 City of So. Burlington We have plans to lease space B (590sf) to Stich by Stich, a local seamstress. The prior tenant in that space did watch repairs. Currently there are two tenants in the building and two vacancies. <y G Y 3 —// • � �—�5- fl R ) A All State Insurance B Vacant +9 44' allf C 5W/ef- 720sf 590sf � %/Y J C Vacant 590sf > 1/49 D Geri Reilly Real Estate 2,100sf Please let me know if there is an issue with this new use. Thanks. ad _ Best regards, �11 Heather Tremblay General Manager /e , � FINARD PROPERTIES LLC 155 Dorset Street I South Burlington, Vermont 05403 1 T. 802-863-1066 F: 802-863-5836 1 finardproperties.com R 'T ? r S September 26, 2011 South Burlington Planning and Zoning Mr. Ray Belair 575 Dorset Street South Burlington, VT 05403 RE: 205 Dorset Street Dear Ray, RECEIVED SEP 2 7 2011 ity of So. Burlington We have plans to lease space B (590sf) to Stich by Stich, a local seamstress. The prior tenant in that space did watch repairs. Currently there are two tenants in the building and two vacancies. A All State Insurance 720sf B Vacant 590sf C Vacant 590sf D Geri Reilly Real Estate 2,100sf Please let me know if there is an issue with this new use. Thanks. Best regards, I �i Heather Tremblay General Manager FINARD PROPERTIES LLC 155 Dorset Street I South Burlington, Vermont 05403 1 T.• 802-863-1066 F 802-863-5836 1 finardproperfies.com 1%.e 04 (* � 7- pe-Alo, southburlington PLANNING & ZONING July 14, 2010 Peter Jacob 700 Lake Orchid Circle M109 Vero Beach, FL 32962 Dear Mr. Jacob: This is in response to your request dated 7/2/10 for a new tenant at 205 Dorset Street. The new tenant will be GRRE, LLC and will use 2030 sq. ft. of space previously used as a massage school for general office use. Based on a review of the parking demand and traffic generation of the existing and new uses, the new tenant is hereby approved. Since the new tenant results in a change in use, a zoning permit must be obtained. Please submit the application to Administrative Officer Ray Belair. Should you have any questions, please feel free to contact me. Sincerely, Paul Conner Director of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 07t07I2010 15:05 Grove Isle Gonda Assoc. (FAX)/72 569 4369 P.0011001 Ray Belair Iuly 2, 2010 Zoning Administration South Burlington, VT 05403 Dear Ray, Please consider this request for the permits necessary for Mike Simoneau and his associates to occupy the upstairs of my building at 205 Dorset Street consisting of 200 square feet_ His intended use is general office. The space was previously occupied by Toucbstoue Massage School. The other tenants at the site are TD Bank North which occupies the kiosk building in the rear of the property. All State Insurance occupies 750. square feet of the bottom floor of the property and 1180 square feet in the bottom floor is currently vacant and available for lease. Res4acob y submitted, t ray From: Mike Simoneau [simmy@hbcommercialrealty.com] Sent: Monday, July 12, 2010 9:33 AM To: ray Subject: RE: 205 Dorset St. Ray: Pete's address is: 700 Lake Orchid Circle M109 Vero Beach, Florida 32962 Can you cc me on the letter of approval? Thanks, Mike S. Michael Simoneau Commercial Broker Hickok & Boardman Commercial Realty 346 Shelburne Rd Burlington, VT 05401 (802) 846-9555 (800) 451-5004 Ext 1237 Toll Free (802) 863-1602 Fax simmy@hbcommercialrealty.com www.hbcommercialrealty.com -----Original Message ----- From: ray [mailto:rbelair@sburl.com] Sent: Monday, July 12, 2010 9:25 AM To: Mike Simoneau Subject: RE: 205 Dorset St. Mike, I will need Pete's address so I can send him a letter indicating approval. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 -----Original Message ----- From: Mike Simoneau [mailto:simmy@hbcommercialrealty.com] Sent: Monday, July 12, 2010 9:25 AM To: ray Subject: 205 Dorset St. Ray: Please call after you have had time to review this information and indicate what else, if anything, I need to do to secure approval to occupy the second floor space at 205 Dorset St. Regards, Mike S. 1 U C C Michael Simoneau Commercial Broker Hickok & Boardman Commercial Realty 346 Shelburne Rd Burlington, VT 05401 (802) 846-9555 (800) 451-5004 Ext 1237 Toll Free (802) 863-1602 Fax simmy@hbcommercialrealty.com www.hbcommercialrealty.com 1141 4% 67R Aola 17:2 7f vy- O�sz SNL 'PrPC- -AWr JnKy i IZ& ..5,0 r 6S003F -W 47752W IQU)6Howadfl * pWA-Y AeA4-- ITECT y,/-4 6 (%f OFIN 24)5 Bur! SOUL11 ❑ Loa r- r OV—r Peter & V11ma Jacob 79 Suburban Square South Burlington, Vermont 05403 (802)-862-8718 int-pjac*paol.com a,91 -13 Peter & Vilma Jacob 79 S.Nbau 5qu vamVA (35,03 TT wim -If' No Text No Text . � , . 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I • -I.' _'. , - � " - , S , - I '�� "t- - I. - ...� . !, . _. - f , . ,., , . , 4, , ,�, ­ ­ - - ;' - � . - -- �;: % ". .,�, ., . . :, I : I - I 11 �� " f �y _ , , �, , -1L .I!� �111! - , --- --- - I I--,;,--- .1__l_`___ll , - 11 - - ,_ - � I - I- ..�_ ll.-r�__ ___ n ,,'I. , ..sev,� . . a,�.." L�. _ . . L d . . .". .. ' , . � , : 41 � I . � - . . I . JANES & JACOBS REAL ESTATE INC. V-F, two BERGERON PARADIS FITZPAT RICK May 28, 2013 John H. Klesch Stitzel, Page & Fletcher, P.C. 171 Battery St., PO Box 1507 Burlington, VT 05402 Dear John: 413 FLET04 Enclosed please find the original settlement with the plans executed by my clients. Please let me know if you have any questions. Very trulyy yours, DanW P. Rourke, N. Dan O'Rourke Attorneys and Advisors 34 Pearl Street I Essex Junction, Vermont 05452 H Tel 802.879.6304 1 Fax 802.879.6533 1 www,bpflegal.com SETTLEMENT AGREEMENT THIS AGREEMENT is entered into by and between the City of South Burlington (hereinafter referred to as "the City") and University Mall, LLC and 205 DS, LLC (hereinafter referred to jointly, as "University Mall"). WHEREAS, the City and University Mall are involved in two (2) lawsuits before the Vermont Superior Court's Environmental Division (No. 100-7-12 Vtec) and Civil Division (No. 416-4-13 Cnev) with respect to the City's denial of the University Mall's interim zoning application for a proposed project on property located at 205 Dorset Street, South Burlington, Vermont (hereinafter referred to as "the Property"); and WHEREAS, University Mall disputes the adoption and implementation of the interim zoning bylaw by the City; and WHEREAS, the City and University Mall have discussed potential resolutions to the lawsuits pending in the Vermont Superior Court; and WHEREAS, the City and University Mall have reached agreement on a process for review of University Mall's application and resolution of the two pending lawsuits. NOW, THEREFORE, the parties agree as follows: University Mall shall submit a revised application for the Property (hereinafter "the Revised Application") to the Development Review Board (hereinafter the "DRB") for review under the Land Development Regulations. As of the date of this agreement, University Mall has submitted to the Planning and Zoning Department the Sketch Plan application for the Revised Application and the "Application for Subdivision Plat Review" form for preliminary Page 1 of 6 plat and final plat review of the Revised Application. University Mall has also submitted complete applications for preliminary plat and final plat approval of the Revised Application. 2. As of the date of this agreement, University Mall has submitted to the City Council the plan drawings, architecturals, and any other requested materials which University Mall included with the Revised Application (hereafter "Revised Application Materials"). The City agrees that at its meeting on May 20, 2013 its City Council will consider whether the Revised Application Materials support a stipulated judgment for Interim Zoning Approval in possible settlement of the lawsuit before the Environmental Division. If City Council rejects the Revised Application Materials, then this Settlement Agreement is void and without effect. The City agrees that the DRB may hold a combined hearing on University's Mall's preliminary plat and final plat applications for approval of the Revised Application. The DRB will consider University Mall's Sketch Plan for the Revised Application at its meeting of May 21, 2013. The DRB will commence the combined hearing on University Mall's preliminary plat and final plat applications for approval of the Revised Application at its meeting of June 4, 2013. No later than June 4, 2013, the Planning and Zoning Department shall prepare and submit to the DRB a draft Findings of Fact and Decision for the DRB's consideration. 4. The hearing on University Mall's application before the City's DRB shall be conducted in the manner set forth in Section VI of the South Burlington Development Review Board Rules of Procedure and Conflict of Interest Policy and below. (a) At the close of the public hearing, the DRB may enter deliberative session in order to conduct deliberations on the Revised Application. Before issuing a decision, Page 2 of 6 the DRB shall conduct a straw poll as to the vote of each DRB member on the Revised Application; (b) After exiting deliberative session, the DRB shall inform University Mall of the results of the straw poll; (c) After being advised of the results of the straw poll, University Mall may elect to either withdraw the Revised Application or continue with the Revised Application to written decision by the DRB. Within 30 minutes after the DRB informs University Mall of the results of the straw poll, University Mall verbally shall inform the staff of the Planning and Zoning Department that is present of its election choice. If University Mall elects to continue with the Revised Application to written decision by the DRB, then the DRB may issue its written Findings of Fact and Decision on the Revised Application. If University Mall elects to withdraw its application it also must inform the Planning and Zoning Department of such withdrawal in writing by the end of the next business day. 5. If University Mall elects to withdraw the Revised Application in the manner provided in paragraph 4(c), above, the City agrees that University Mall's submission of the Revised Application to the DRB shall not constitute a waiver of any of the issues raised by University Mall in either of the lawsuits, and the City waives any right to raise either the Revised Application before the DRB and/or the City Council or the terms of this settlement agreement as a defense in said lawsuits. 6. If the Revised Application is approved by the DRB, and such approval is appealed by one or more interested persons other than University Mall, then University Mall shall have the Page 3 of 6 right to withdraw its application. If University Mail withdraws the Revised Application, the City agrees that University Mall's submission of the Revised Application to the DRB shall not constitute a waiver of any of the issues raised by University Mall in either of the lawsuits, and the City waives any right to raise either the Revised Application before the DRB and/or the City Council or the terms of this settlement agreement as a defense in said lawsuits. 7. If the Revised Application is denied by the DRB, or if the DRB imposes a condition or conditions that University Mall, in its sole discretion, deems unacceptable, then upon University Mall's appeal to the Superior Court, Environmental Division, the City agrees to undertake discussions immediately with University Mall in an attempt to resolve the issues raised by the DRB. The University Mall may also elect to withdraw its Revised Application. If the University Mall withdraws its Revised Application, the City agrees that University Mall's submission of the Revised Application to the DRB shall not constitute a waiver of any of the issues raised by University Mall in either of the lawsuits, and the City waives any right to raise either the Revised Application before the DRB and/or the City Council or the terms of this settlement agreement as a defense in said lawsuits. 8. If (1) the Revised Application is approved by the DRB for final plat, (2) the Revised Application Materials are accepted by the City Council for the purpose of supporting a stipulated judgment for Interim Zoning Approval, and (3) (a) no appeal of the DRB approval is filed by any interested person, or (b) after such appeal from the DRB, final plat is approved by both the City Council and the Environmental Division, then: Page 4 of 6 (a) University Mall and the City shall execute a stipulation of dismissal of the lawsuit before the Civil Division, expressly stating that each party shall bear its own costs and attorneys' fees, and (b) University Mall and the City shall stipulate to entry of a final judgment in the lawsuit before the Environmental Division, such judgment constituting an Interim Zoning Approval based upon the Revised Application Materials, which shall among other things specify that each party is to bear its own costs and attorney's fees, and which shall be substantially in the form of Exhibit A, hereto, provided that the plans, drawings and other project -specific information affixed to Exhibit A shall be subject to reasonable modification prior to submission to the Environmental Division to the extent recommended or required by the DRB and agreed by University Mall (and the proposed stipulated final judgment shall be amended to properly describe such exhibits), and (c) University Mall shall execute a release in favor of the City that is substantially in the form of Exhibit B, hereto. (d) The City shall execute a release in favor of University Mall that is substantially in the form of Exhibit C, hereto. 9. The undersigned, by voluntarily affixing their signatures hereto, hereby represent and acknowledge that they are fully authorized to execute this Settlement Agreement on behalf of the party indicated, and further acknowledge that they have read fully and understand fully this Settlement Agreement and that upon and after consultation with their legal counsel, they consent and agree to each and all of its provisions. Page 5 of 6 10. This Agreement may be executed in counterparts and shall be effective upon the date of the last party a `Xing its signature hereto. Dated: UNIVERSITY MALL, LLC Dated: V 4�rl'z Dated: �i 1 By: ' try Authorized ent 205 DS,! L'LC .PSI �a. By: Duly'>Aathorize Ag nt CITY OF SOUTH BURLINGTON By: Duly Authorized Agent K:\WPD0C\Ll`lAson13-021 Umall Settlement Agreement lit 5-20 final.docx Page 6of6 SETTLEMENT AGREEMENT — EXHIBIT B RELEASE TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, GREETING: KNOW YE THAT THE UNIVERSITY MALL, LLC, and 205 DS LLC for and in consideration of the sum of ten and more dollars and other good and valuable consideration, to it in hand paid by CITY OF SOUTH BURLINGTON the receipt whereof is hereby acknowledged, have remised, released and forever discharged and by these presents does for itself and its successors and assigns remise, release and forever discharge the said CITY OF SOUTH BURLINGTON, and its elected officials, agents, officials, employees, and attorneys, and the like, of and from any and all claims, actions, requests for declaratory judgment, cause and causes of action, suits, damages, claims for personal injuries, property damage and demands whatsoever, in law or in equity, which the UNIVERSITY MALL, LLC, and 205 DS LLC ever had, now has or may have against CITY OF SOUTH BURLINGTON and its elected officials, agents, officials, employees, and attorneys, and the like, for, upon, or by reason of any and all claims, counterclaims, defenses, damages, and demands arising from and which were or should have been raised in the following actions: (a) University Mall, LLC, and 205 DS LLC v. City of South Burlington; Superior Court of Vermont, Civil Division, Chittenden Unit, Docket No. 416-4-13 Cncv; and (b) University Mall, LLC & 205 DS, LLC — CU; Superior Court of Vermont, Environmental Division, Docket No. 100-7-12 Vtec. Without limiting the foregoing, specifically included in this general release are any and all claims of invalidity or unconstitutionality of the City of South Burlington's Interim Zoning Bylaw adopted on or about February 21, 2012, as well as any and all claims related to the South Burlington City Council's conduct, actions and decision concerning the application by University Mall, LLC and 205 DS LLC which is the subject of the Interim Zoning Conditional Use Application # IZ-12-02 Findings of Fact and Decision dated on or about July 2, 2012. It is further agreed that there are no collateral or outside agreements of any kind between the parties hereto and that this Release is in accord and satisfaction of a disputed claim. In Witness Whereof, the University Mall, LLC and 205 DS LLC, has executed this Release as of this day of , 2013. University Mall, LLC and By: Duly Authorized Agent STATE OF SETTLEMENT AGREEMENT — EXHIBIT B COUNTY, SS. On this day of ,2013, before me personally appeared duly authorized agent of the University Mall, LLC and to me known to be the person described in, and who executed the foregoing release, and acknowledged that he/she executed the same. STATE OF COUNTY, SS, Before me, Notary Public My Commission Expires: 205 DS LLC By: Duly Authorized Agent On this day of ,2013, before me personally appeared , duly authorized agent of the 205 DS LLC, to me known to be the person described in, and who executed the foregoing release, and acknowledged that he/she executed the same. Before me, Notary Public My Commission Expires: K:1 WPDOC• LITson 13.036 Umall Settlement Agreement - release to SB - final,docx SETTLEMENT AGREEMENT EXHIBIT C RELEASE TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, GREETING: KNOW YE THAT THE CITY OF SOUTH BURLINGTON for and in consideration of the sum of ten and more dollars and other good and valuable consideration, to it in hand paid by UNIVERSITY MALL, LLC, and 205 DS LLC the receipt whereof is hereby acknowledged, have remised, released and forever discharged and by these presents does for itself and its successors and assigns remise, release and forever discharge the said UNIVERSITY MALL, LLC and 205 DS LLC, their successors and assigns, its officers, employees, agents and the like, of and from any and all claims, actions, cause and causes of action, suits, damages, claims for damage and demands whatsoever, in law or in equity, which the CITY OF SOUTH BURLINGTON ever had, now has or may have against UNIVERSITY MALL, LLC, and 205 DS LLC for, upon, or by reason of any and all claims, counterclaims, defenses, damages, and demands arising from the following actions: (a) University Mall, LLC, and 205 DS LLC v. City of South Burlington; Superior Court of Vermont, Civil Division, Chittenden Unit, Docket No. 416-4-13 Cncv; and (b) University Mall, LLC & 205 DS, LLC — CU; Superior Court of Vermont, Environmental Division, Docket No. 100-7-12 Vtec. Specifically excluded from the scope of this release are any and all obligations which shall or may apply to UNIVERSITY MALL, LLC, and 205 DS LLC under a final judgment entered by the Superior Court of Vermont, Environmental Division, in Docket No. 100-7-12 Vtec, as well as the South Burlington Land Development Regulations with regard to land development which is the subject of such final judgment and as to South Burlington Development Review Board approval(s) associated with land development which is the subject of such final judgment. Without limiting the foregoing, this Release shall not in any way affect South Burlington's ability to enforce the requirements of such final judgment upon either releasee or their successors or assigns in interest. It is further agreed that there are no collateral or outside agreements of any kind between the parties hereto and that the Release is in accord and satisfaction of a disputed claim. In Witness Whereof, the City of South Burlington, has executed this Release as of this day of —_—, 2013. City of South Burlington By: Duly Authorized Agent Page 1 of 2 SETTLEMENT AGREEMENT EXHIBIT C STATE OF VERMONT CHITTENDEN COUNTY, SS. On this day of ;2013, before me personally appeared duly authorized agent of the City of South Burlington, to me known to be the person described in, and who executed the foregoing release, and acknowledged that he/she executed the same. Before me, Notary Public My Commission Expires: C:\UsersljohnbAppData\Local\Temp%c l cOg01Nvison 13-035 Unroll Setllement Agreemcmt -release to UMall - Cmal docx Page 2 of 2 SETTLEMENT AGREEMENT - EXHIBIT A STATE OF VERMONT ENVIRONMENTAL DIVISION SUPERIOR COURT Docket No. 100-7-12 Vtec In re: University Mall & 205 DS, LLC STIPULATED V.R.C.P. 58 JUDGMENT ORDER Pursuant to the stipulation of the above -captioned parties, by and through their attorneys, the Court hereby enters final judgment in the above captioned matter under V.R.C.P. 58 pursuant to the following terms: The Appellants' Interim Zoning Conditional Use Application # IZ-12-02, regarding proposed land development at 155 and 205 Dorset Street, South Burlington, Vermont (hereafter the "Property"), is hereby approved. 2. This approval is subject to Appellants' land development and use of the Property being fully consistent with the following exhibits to this Judgment Order: a. Existing Conditions Plan 205 Dorset Street University Mall Drawing EC I, prepared by Summit Engineering, Inc, dated 5/9/13 b. Overall Site Plan 205 Dorset Street University Mall Drawing S1, prepared by Summit Engineering, Inc, dated 5/9/13 c. Site and Landscaping Plan 205 Dorset Street University Mall Drawing S2, prepared by Summit Engineering, Inc, dated 5/9/13 d. University Mall South Burlington, VT Proposed Renderings, prepared by Wiemann Lamphere Architects, dated 5/16/2013 e. University Mall South Burlington, VT Proposed Elevations, prepared by Wiemann Lamphere Architects, dated 5/16/2013 f. University Mall South Burlington, VT Proposed Plan, prepared by Wiemann Lamphere Architects, dated 5/16/2013. 3. Appellants' development and use of the Property shall comply with the provisions of the South Burlington Land Development Regulations, to the extent not inconsistent with either the (a) terms and conditions of this Judgment Order and (b) other applicable terms and conditions of permits, plans and approvals regarding the Property. 1 of 2 f SETTLEMENT AGREEMENT - EXHIBIT A 4. The foregoing provisions and this Judgment Order shall run with the Property and shall apply to Appellants, their heirs, executors, administrators, successors and assigns. 5. Each party shall bear its own costs and attorneys' fees. Dated at Burlington, Vermont, this day of May, 2013. Stitzel, Page & Fletcher, PC Attorneys for the CITY OF SOUTH BURLINGTON By: Amanda S.E. Lafferty Dated at Essex Junction, Vermont, this day of May, 2013. SO ORDERED: Date K � WPUOC%LI'Pson 13-037 U mall Settlement Agreement - stipulatcei judgmentAnx Bergeron, Paradis, Fitzpatrick, LLP Attorneys for UNIVERSITY MALL & 205 DS, LLC Daniel P. O'Rourke 2 of 2 Honorable Thomas S. Durkin Environmental Judge Environmental Division Vermont Superior Court UNIVE119tt d' N:NMDIIT 1 `PMDT SIEPoa21� \\ J DkRiLYEA , i • aae s �` N/f k YIUG991 � S�IIEP W%t4.50AULT N _ t9B(NJ NAFORD'S IB KOHL'S UNIVERSITY MALL F ieU EXISTING MALL 39 STORES HOME —19 GOODS 19 19 JC PENNEY Yea 19 iB 1 EWSTBIG- ENi¢,�RBH<E Sall 1 5311 IS B 1'�L�9 (TM.) ® ILI, „ 111 y BON —TON 3q S T 3T \ SEARSAUT 1\ IS 11r��eo� c� Q e RNA. � N — i1 1 fgl •le �.-�- \\ � ♦\\ I�—Ill .n'< L i , tD e n \ ID T III�I f oESMN/I xo 41 t 1 l 'y ao DORSET STREET — AB NF AI REALr �BOBERGEY, � /T 1 I T �� ASSOG x/T I BARNES k 1 a' I Aul BURl1NGTON INL. 0 s qEATM ssQo-/ x Ir LORP. san, RIF REALTY OW. S—A GRAPHIC SCALE 71 � i TT ti LBA_,t 4D SEARS (^'. STORE € C ` NT.1 DYQTY tt 1 &YT NDT CDNSttML1EA i \ PARRBRi STRI,cwK LARRkPNT�fR.¢AHT EN RECEIVED MAY 16 202 of So. Bumington TEKRAMNPIAlNEAS i �� r- \ OTi i 1• 205 DS - UHD 1 HALL LLC M 992, PG 21T T]4 PQ B3 IB BOn5T0N S1RFEi L//D FNARD PRDPDTTIEB. LLC 51111E 300 1!5 DDRSET STREET B.—. NA D2116 SW111 BURW9T MT 05103 DAr, NPN ® EXISTING CONDITIONS PUN 5/9/13 Dcr NPN SUMMIT GNGINEEMINNM, INC 205 DORSET STREET UNIVERSITY MALL ECG � , L T SM 1233r 9r1— RRaE CZ swtn B�n.�gl<�, yr .BADS 155 DORSET STREET 723e11 1•�100' .�. (ecx( ssa-s,m SOUTH BURl1NCTON, L�ERMONT © L 1 - — F ./ Na — --- — -- — -- r ellR I - - - - - - - - - - - - — - v, HANNAFORD'S KOHL'S UNIVERSITY MALL EXISTING MALL lK 7' P—T. 1�7. 37.1. 2152M-�E A= Toro: s6s.9ro ss -loos STORES HOME c SEARS GOODS JC PENNEY STORE ECEIVED t0 =71 CONS MAY 16 2013 -7 PAWM SWCW of so. Budington �AW 17 BON -TON SEARS AUTO R\n 2�-fiii A10 DORSET STREET A= A.1 1- -RA. P—ERS REA- Nx .1 Area 2,—el = 52- 707.M:; mdhgl: .2, M337,1 — Tot— JIAZ T— 3.149 sp—, 5.m/',mw TE 'm .P-..: 994.163 e ��tL - --. 3— f MN. .A m16 �� �WT. VT OSt03 .,..d— .1 4. 1735d —E �111 —E� -7.14 34,1N .1 1.1,.2.1 ... —1 - 2. P—..: W6,427 of 25- p— ,3.5W A. DAT, NFN OVERALL SITE PLAN wmii� /9/13GRW6 LEASE AREA: m�DFH — - �518.6— GRAPHIC SCALE 3a.— 205 DMSET STREET Si 1.352 24.957 f . . NPN summit ENG=ERING "INC UNIVERSITY MALL 1233 155 DORSET STREET 6540 Sour( BURUNGTON. VERMONT 7723.11 0. -- f cxnd L � I Yu .Sm Iaf6eNv mvmr.mma b ar se r ee >me• ronane t.soe..w w✓ nm..� ro ie a w. e. em. 'wm•e•' <*w..l we.,y rmmp cnw..s a.. ea.x.s aw. m ♦ r vt A.�e . e� SMe+w wt..-y3+.o n..o..e ow DTI I - gg I E I _ F II IVIIIIIIIIII III Hill LEEt� i — I VED —— r.� _ IBM - — o 0. suffrtgton 1 i c k ' — PAOPO9Ep eA 6TURE9 I Ar— L � I o o ao I I --- -- ----- -------------- 0 --.A-------------------------------------- - - - - - ® i- -► D oRSET S T R E E T -- - - - -_------------------------- - - - - -- GRAPHIC SCALE pAr, NPN SITE AND LANDSCAPING PLAN 5/9DFH �3 205 DORSET STREET �52 NPN l3UMMI6NGINEERING,1C UNIVERSITY MALL PggFCINR xutSN 1233 ShMurn� Reo1 t2 155 DORSET S7RE R Z Sort &Bvlb9lory m1n3 SOUTN BURUNGTON, VERMONT 723.11 1'-20' . (eaz) es.-ssee rol '�n mmapsom �0- ---e -� W IEW LOOKINCA'� � AfVi --,'3T { Dorset Street in ,rNG - 1 4 , C., 'l � I , Viv,V,! LOOKINIC, lr'A',;'!' (kc'n , , " W -'.. I , f) 1-1\ I "I-r- v l--N I I l-, IN AT EACH DOORWAY) SOUTH ELEVATION ll�l �V/w - F�W� EAST ELEVATION NORTH ELEVATION NOTE: MINIMUM OF 60% OF OVERALL STREET LEVEL 5LAZIN& SHALL BE CLEAR 6LAZINr-'MAXJllU" 40% SHALL BE SPANDREL 6LAZINS) MINIMUM OF 50% Or STREET LEVEL BLAZING FA INC, DORSET STREET SHALL BE CLEAR BLAZINC,. ALL CALCULATIONS ABOVE EXCLUDE CLERESTORY WINDOWS R[-,GE=lvlt:H,D� MAY I b 1102 ci:y Of so. surilogtoll T RECEIVED mAY 16 2013 cayotso'Budington n W4n erg ARCH-T, C'S C STITZEL, PAGE & FLETCHER, P.C. AT FORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE ROBERT E. FLETCHER JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H, KLESCH DINA L ATWOOD VIA HAND DELIVERY TELEPHONE (802 660-2555) FAX (802-66U-2552) W W W.FIRMSPECOM JKLESCHQFIRMSPF COM August 14, 2013 Christine Brock, Clerk Vermont Superior Court Chittenden Civil Division 175 Main Street Burlington, VT 05402-0187 Re: University Mall &205DS, LLC Docket No. 416-4-13 Cncv Dear Ms. Brock: DAVID W, RUGH" ERIC G- DERRY"* DIANE K SHERMAN "(ALSO ADMITTED IN MD) -"(ALSO ADMITTED M NH) Enclosed please find an executed Stipulation for Dismissal for filing in the above -captioned matter. Please note there is a status conference scheduled tomorrow, August 15, 2013 at 8:30 A.M. Thank you for your attention to this matter. cc: (via e-mail only) Daniel P. O'Rourke, Esq. Philip C. Woodward, Esq. SONI3-078 (UMall) JHK to Court cor VERMONT SUPERIOR COURT CHITTENDEN UNIT CIVIL DIVISION UNIVERSITY MALL, LLC and 205 DS LLC V. CITY OF SOUTH BURLINGTON DOCKET NO.416-4-13 Cncv STIPULATION FOR DISMISSAL NOW COME the parties to the above entitled action, by and through their attorneys, and hereby stipulate and agree as follows: 1. The parties have reached an agreement in connection with the subject matter of this action, which includes the provision that each party shall bear its own costs and attorneys' fees. 2. The parties agree that this matter may be dismissed with prejudice. Dated thi� day of August, 2013. I :21ke "Daniel P. O'Rourke, EscluX Bergeron, Paradis & Fitzpatrick, LLP Attorneys for Plaintiffs Dated this I Lf day of August, 201 Pil'C. Woodward, Esqu r ward & Kelley, PLLC Attorneys for the Defendant Dated this r day of August, 2013 Klesch, Esquire Page & Fletcher, P.C. v for the Defendant ! L STATE OF VERiVIONT F E SUPERIOR COURT ENVIRONMENTAL DIVISIONAUG 12 2013 In re: University Mall & 205 DS, LLC VERMONT SUPERIOR C;OMT ENVIRONMENTAL DIVISION Docket No. 100-7-12 Vtec STIPULATED V.R.C.P. 58 JUDGMENT ORDER Pursuant to the stipulation of the above -captioned parties, by and through their attorneys, the Court hereby enters final judgment in the above captioned matter under V.R.C.P. 58 pursuant to the following terms: 1. The Appellants' Interim Zoning Conditional Use Application # IZ-12-02, regarding proposed land development at 155 and 205 Dorset Street, South Burlington, Vermont (hereafter the "Property"), is hereby approved. 2. This approval is subject to Appellants' land development and use of the Property being fully consistent with the following exhibits to this Judgment Order: a. Existing Conditions Plan 205 Dorset Street University Mall Drawing EC1, prepared by Summit Engineering, Inc, dated 5/9/13 b. Overall Site Plan 205 Dorset Street University Mall Drawing S1, prepared by Summit Engineering, Inc, dated 5/9/13 c. Site and Landscaping Plan 205 Dorset Street University Mall Drawing S2, prepared by Summit Engineering, Inc, dated 5/9/13 d. University Mall South Burlington, VT Proposed Renderings, prepared by Wiemann Lamphere Architects, dated 5/16/2013 e. University Mall South Burlington, VT Proposed Elevations, prepared by Wiemann Lamphere Architects, dated 5/16/2013 f. University Mall South Burlington, VT Proposed Plan, prepared by Wiemann Lamphere Architects, dated 5/16/2013. 3. Notwithstanding the foregoing, Appellants' development and use of the Property shall comply with the provisions of the South Burlington Land Development Regulations. 1 of 2 V 4. The foregoing provisions and this Judgment Order shall run with the Property and shall apply to Appellants, their heirs, executors, administrators, successors and assigns. 5. Each party shall bear its own costs and attorneys' fees. Dated at Burlington, Vermont, this V "day of August, 2013. Stitzel, Page & Fletcher, PC Attorneys for the CITY OF SOUTH BURLINGTON n Amanda S.E. Lafferty Dated at Essex Junction, Vermont, this day of August, 2013. SO ORDERED: z. Date K:\WPDOC'SdT\son 13-037 Umall Settlement Agreement -stipulated judgment.docx Bergeron, Paradis, Fitzpatrick, LLP 2 of 2 for UNIVERSITY MALL & . O'Rourke Honorable thomas S. Durkin Environmental Judge Environmental Division Vermont Superior Court EXHIBIT A wwmw as Ewm ----------------------------------__—_—___`f—BB SDDTNBOVNp T ImLYDGf Amx� on I-� NORTNBODND—+ �\ a ANTRA \ %xx/f/,� Y111 s cNuW �-' COUxN//f = N/f SNEPaRO sxw�iE WRCNiSWMJLT Al. - N MNCE 0 M� I xwlzou xncx>s i p6o �EVt c6wu caLr camsE me --------------------------- ------------ IME aKOHL'S UNIVERSITY MALLEXISTING MALLSTORES e SEARS -- GOODS 1BD JC PENNEY STORE p f—all 88 a rUTURE ACCESS • fe OVED BY BUT OttUC,\ °MSMID tll NOT C0151RTECI LI —�34D a I� •NTRANCE�Y' ••,••• I •\ »Y Llfi�--�J (TYP.j I 3l 20 I 25 II® PARKING SRR1C311RE L> ,, BON -TON I � R .S z, z, ebr I IAOEWiArtsAMr ,�\ S2 ' c xaoa 'SEARs �oo� to \ am+ AUTO L ER lE _ ' ENIII � I 'e' � IL IWB / Alf A3N'WC I lygDgly,. REutt """'9 �aSEi N/f i ji SOU'" BURll 11 RFALtt CORP. x RA' REAL A9.R IS a f DORSET STREET Q� - - ----- ----- ---- ------------ � � w BauND,w we �• ,DpA„ PAeD[Rs I r� / '• ��O I I I I I nLKr MAT / Oe. SOU'" BUMBOTON C erxtt maP. �I �w GRAPHIC SCALE _ I ia<n Igoln Dwxraa or xrmP 2. % - UNIA S.tt MALL, UUc VOL Bq P4 - & PG 63 118 BOYLSTON STREET C/O r1NARD Pe0PQt1B5, LLC SUNf 300 1. OORSEt s'RLET BOS W, MA =I, SOU111 BNRM.VGTOX, Vf amw Mio EXISTING CONDITIONS PLAN 1 5/9/1 pe sex 205 DORSET STREET ECG BJMMIT ENpINEERINB,�INC e�w.. UNIVERSITY MALL lN0.ECl 723 1213 snelaume RPutl 02 5wlx�9venglon, yr D5a03 . (egtl eee-sue 135 DORSET STREET SOUTH BURUNCTON, VERMONT e IMNERSITT 1P 1SRNCNT PUROi 1`\ -- TRWIB�-1�------•I_. SNER�W .. OR/EMYfR,`•\ a YAIIG. wAlsN , RGR�NS NfE 11O \a a GWNC'All,1. l EONURE \�•.e1lL JOPPE-MEACURC' ; Kff SNE -1Ca 1 -/ `` ��Y//Jff1ER� AMRCtIE55AULT xE I* .Ni. EXHIBIT B I ' IuAs II MOTION NOCx15 _— 1� SOUTNDOUND ----------- NORTHBOUND--. -STATE OF VERMOAIT_�__ 19 _---------- ........... - -_- WORD'S b--0t—el KOHL'S - „ p 1 UNIVERSITY MALL EXISTING MALL t0 STORES HOME '�---Q--- �°� GOODS 9 JC PENNEY 19 14 ID 19 9 ENSTNO- MALL + T 5 II sT BON -TON - asses 3> Ss sz 2 o z121 2G \ AUTO J 4r .ffii��.. S.IIi I9 to ESN TE �� 19 ( 71 t I 1 DORSET STREET `'I� —r--- RN�N�'•N/f Itt •-- UptFNNA�REAR—jLTu� . SpBf A59� ABI TG i i i _ I,ag pG�_•,i1� I I }p I sWTN euauao� IIEnLTr CONP. ualaem�La N 2ryip =L Rw REAi� 1 , R Prepea Rel E, Rev4ed 5/28/1] Told Maa 2,288,38E of - — man S^,t • I m Fe• 6NItlln9e J0.],Tl6 sl EAIMF9 31.23 BNlldkq 4,­ IN el ieloi31.0 PNiNING oosp0w3.14711.337 pw. BDBi of Wl_ 6. Imperrlwe 994.183 el EalaLF9 • 4J.Bi ->.0>1 al RrcokdoAm e1 3,149 Spems: P_ DES F 5lruetu.e mpaNwe 38: 6 S ail 34.096 ei El Nlopo¢ d Totol • J5% urWoa^d 9B>.092 of Telel 9]S1L 2,166 m alla P —to 368,427 el ErISLF9 - 26- PervfeOc 5726M of EPa-NNeN, 43,5t0 et Propemtl 67,9,1 of New It.,- 59K 596,9]> of New T9181- 25.IS OROS9 LEASE AREA: aNxnry Pbm111M BiB,6D5 el NPropeall 6,352 al ew TeIM 624,95> al x/E 1 936C SPEAR `7 CUPOLA O3tF CWRSE INC. f 4t w k 71i � ti OPf-RAxP � 6 20 \••� BD LOT COVERACC IN M. D61kICT 1 g g 3] D ALONG I-B9: J� 1 \• � 9UROINGS: 33,9.ri SF M > 1` NITA: PACE ,pR&_SE .53.5E ti raTu: SE3,910 s = to. O %P-- ARE 4 SEARS 9 r' STORE a ,\a NNRE pCCE55 APPROVED BY Ptt ` taT NOi CONS1RUCiflT PARKING STRUCTURE N riiiii I I LMKW, ARRANT At XOEHL Axi eURIx9.6iON iNG i 5 a i NOBLE GRAPHIC SCALE (Ix P6l1 .�• /ate � TEKRANN!"ItS Nr ~� cxnxcL+dw v l71BlPO°�3 / � 2. 05 LLC UNIVERSIN I—L LLC VOL. 992 PC. 217 04 >26. m W 9 BOn9TON STREET C//0 RNARD PROPERTEs. LLG STATE JOD 14S M115ET STMET BOSTDx. MA DSI16 SW 9URLINDTON. w 05403 0.315 ACRE ACR85 EXHIBIT C =- o to Ole � v e-miC �+r u�muw snwwe. erm.v �� � annrr^ 0 n a�i.r b �" � . e c+w .m.... Ueb.M..t� a° • toml p t[ao ��r�sa:� � o r rma ' °i �a sgoot rm ne.m. Css Q4. �. lvl4.Nmc x.a�.Yma H 4xxa Oulhwa x.e c e v w 'ama<ra a++vR, (,•� m'aM 2nr.eY. r,. C= ' S I I I I - £i� I M1 I I 'tOWrtFn,'9Wf — ,w O NNbW :I 1 ® O vu I i — - - — rrt ' NORosp it M.Ir i — w : O ---— E FlpPaB® . ollo 8. ' ° O 1 1 I., Fw- v -7,-, 0 La— D 0 �I� O ®O O O O CD oro:l ®I l CO ——'--———————————————————————— — — — — —— — — — — —— F D O R S E T S T m a.r GRAPHIC SCALE Awrrr sr� oa e DAT. NPN WE AND LANDSCAPING PLAN 3/9/13 DFN aeANY. - e 205 VERSI T STREET S2 0wF& SUMMIT ENpINEERINp. INC UNIVERSITY MALL =N= tE11 fielbume Roof eE Pntl.EL/M1q .Kv< swm &vllnq,on, of osm] H RLMT STREET 723.11 SOUTH BURLBJGTDN. VERNDNT � EXHIBIT D VIEW LOOKING SOUTH (Dorset Street on left) VIEW LOOKING NORTHWEST (Dorset Street in foreground) VIEW LOOKING EAST (from University Mail parking lot) wen ARCHITECTS �—� EXHIBIT E YN= 1 == V H I I CJ IV AT EACH DOORWAY) n50UTH ELEVATION BEAST ELEVATION 3/Ib" - I'-O" nNORTH ELE\/ATION 'P 3nb" a ro' NOTE, MINIMUM OF 60% OF OVERALL STREET LEVEL GLAZING SHALL BE CLEAR GLAZING. (MAXIMI•M 40% SHALL BE SPANDREL GLAZING) MINIMUM OF 50% OF STREET LEVEL GLAZING FACING DORSET STREET SHALL BE CLEAR GLAZING. ALL GALCULATIONS ABOVE EXCLUDE CLERESTORY 4NOOWS �Xlrann re �yy k it'2atlSi ARCHITECTS W ow �m�meo-umenr. or sa��e STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE ROBERT E. FLETCHER JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H. KLESCH DINA L. ATWOOD TELEPHONE (802 660-2555) FAX (802-660-2552) W W W.FIRMSPF.COM ALAFFERTY@FIRMS PF. COM August 7, 2013 Jacalyn Fletcher, Court Manager Vermont Superior Court Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 Re: University Mall & 205DS, LLC Docket No. 100-7-12 Vtec Dear Jackie: DAVID W.RUGH* ERIC G. DERRY** DIANE M. SHERMAN *(ALSO ADMITTED IN MD) "*(ALSO ADMITTED IN NH) Enclosed for filing in the above -referenced matter please find the parties' Stipulated V.R.C.P. 58 Judgment Order and accompanying exhibits. Please feel free to contact me should you have any questions. Thank you. Sincerely, Amanda S.E. Lafferty III ASEL/gc Enclosures cc: Daniel P. O'Rourke, Esq. (w/out enclosures) SON13-073 ASEL to Court re Stip 58 Judge Order 08-07-13 cor STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION In re: University Mall & 205 DS, LLC Docket No. 100-7-12 Vtec STIPULATED V.R.C.P. 58 JUDGMENT ORDER Pursuant to the stipulation of the above -captioned parties, by and through their attorneys, the Court hereby enters final judgment in the above captioned matter under V.R.C.P. 58 pursuant to the following terms: The Appellants' Interim Zoning Conditional Use Application # IZ-12-02, regarding proposed land development at 155 and 205 Dorset Street, South Burlington, Vermont (hereafter the "Property"), is hereby approved. 2. This approval is subject to Appellants' land development and use of the Property being frilly consistent with the following exhibits to this Judgment Order: a. Existing Conditions Plan 205 Dorset Street University Mall Drawing EC I, prepared by Summit Engineering, Inc, dated 5/9/13 b. Overall Site Plan 205 Dorset Street University Mall Drawing S 1, prepared by Summit Engineering, Inc, dated 5/9/13 c. Site and Landscaping Plan 205 Dorset Street University Mall Drawing S2, prepared by Summit Engineering, Inc, dated 5/9/13 d. University Mall South Burlington, VT Proposed Renderings, prepared by Wiemann Lamphere Architects, dated 5/16/2013 e. University Mall South Burlington, VT Proposed Elevations, prepared by Wiemann Lamphere Architects, dated 5/16/2013 f. University Mall South Burlington, VT Proposed Plan, prepared by Wiemann Lamphere Architects, dated 5/16/2013. Notwithstanding the foregoing, Appellants' development and use of the Property shall comply with the provisions of the South Burlington Land Development Regulations. 1 of 2 I 4. The foregoing provisions and this Judgment Order shall run with the Property and shall apply to Appellants, their heirs, executors, administrators, successors and assigns. 5. Each party shall bear its own costs and attorneys' fees. Dated at Burlington, Vermont, this i " "day of August, 2013. Stitzel, Page & Fletcher, PC Attorneys for the CITY OF SOUTH BURLINGTON By: rig.- 4kr Amanda S.E. Lafferty Dated at Essex Junction, Vermont, this d day of August, 2013. Date KAWPO0C\LMsonl3.037 UrnA Settlement Agreement - stipulated judgment.do" Bergeron, Paradis, Fitzpatrick, LLP 2 of 2 for UNIVERSITY MALL & O'Rourke Honorable Thomas S. Durkin Environmental Judge Environmental Division Vermont Superior Court EXHIBIT A GRAPHIC SCALE MS DS UWVfM UALL LLC COL. 94i 77 OC..2�] NA ]]e, PG 33 i4 BDtt3YQtl SPREET M F PRdPEN1SS:aC SUI1f300 t54 DORSET 5fRCET Hfi3TDN, IIA Wne StlITn' &IRIINET{lN. N DSAD3 EXISTING CONDMONS PUN SJ8/13 205 DORSET STREET EC1 UNIVERSITY MALL macrrmz EE� �U� o STREET © 723.1 .m. 5MM z, &— . - BuiMNgc TM em am al 596A37 I RryamO AW1 EXHIBIT B - - - - - - - - - - - - - - - - — - - - — Umv&"7y "LL 10 HOME Q GOODS ic PDOXVY iB 0 12 —nni e it 39 m 12, 4v N/F 4/F ASSOG T T T-- -4 T4 DORSET STREET U1. 114. CILA, HIC SCALE =. CDER,1Ei . -a 061iBL' BuifX P-0: �M s, 1. W—NWAM 2W11.RZ . U1 OVERALL SITE PLAN 205 DORSET STREET si UNIVERSITY MALL 155 DORSET STREET mm mmumanN. vmmma . 7723 EXHIBIT C Lene�d w ,e >r.•'a�.. c.ro..w ram, Ma.,r n,., 1`t, r v x.e.. r,.. I - I II I TF7T ivi 111111 1 - i IL II I O=ZF i— — ® I � sv sv n v I — „ 1 TAAz I : O A I p I i = o a� 0 0 o 1q�;rr�.., o 0 0 I I ; Q °V � o ED --------------------------------- ----------® F je O O R S E T S T t t t l a� GRAPHIC SCALE oAL uPN SIiE AND LANDSCAPING PLAN /1 5/9/13 1�NrmT1• �,,;,.+ 205 DORSET STREET . s rz xvNPN SUMMIT EN6INEERINO,ING UNIVERSITY MALL $2 . swpn • nnrrs..,a.awencn„c. pgp,llrQ ^� 233 snelwrne Ao.a ex 155 OORSET STREET —/r� 5win�u.imq,on, v10.5a03 SOUTN BVRLINGTON, VERNONT © /23.1 EXHIBIT D VIEW LOOKING SOUTH (Dorset Street on left) VIEW LOOKING NORTHWEST (Dorset Street in foreground) VIEW LOOKING EAST (from University Mail parking lot) EXHIBIT E EA5T ELEVATION a NORTH ELEVATION NVM MIMMIM OF W% OF OVERALL STREET LEVEL GLAZIW, SHALL BE CLEAR GLAZING. (MAX]" AO% SHALL BE 5PANDREL 6LAZIN5J MIb4IM1M OF. 50% OF STREET LEVEL GLAZING FACRY DOR5ET STREET SHALL BE CLEAR 6LAZIWI. ALL CALGLL.AT10N5 ABOVE EXCi.UDE CLERESTORY WINDO^Y w STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802 660-2552) PATTI R. PAGE W W W.FIRMSPF.COM ROBERT E. FLETCHER ALAFFERTY!@FIRMSPF.COM JOSEPH S. McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L. ATWOOD DAVID W. RUGH* *(ALSO ADMITTED IN MD) August 13, 2012 Jacalyn M. Fletcher, Court Manager Superior Court, Environmental Division 2418 Airport Road, Suite 1 Barre, VT 05641-8701 Re: Appeal of University Mall, LLC & 205 DS. LLC Interim Zoning Conditional Use Permit Docket No. 100-7-12 Vtec Dear Jackie: Enclosed please find my Entry of Appearance for filing in the above - referenced matter. Please contact me with questions. Sincerely, avvovvd,c�_ 4 - �?, `60f Amanda S.E. Lafferty ASEL/smb Enclosure cc: Raymond J. Belair Daniel P. O'Rourke, Esq. SON12-049.cormpd STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION DOCKET NO. 100-7-12 Vtec Re: Appeal of University Mall, LLC & 205 DS. LLC Conditional Use Permit ENTRY OF APPEARANCE NOW COMES, AMANDA S. E. LAFFERTY, ESQ., of the firm of Stitzel, Page & Fletcher, P.C., and hereby enters her appearance on behalf of the City of South Burlington in the above -referenced matter. Dated in Burlington, in the County of Chittenden and State of Vermont, this 13th day of August, 2012. SON12-028.lit.wpd STITZEL, PAGE & FLETCHER, P.C. LTTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 ,URLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. Attorneys for the City of South Burlington Amanda S. E. Lafferty, Esq. STATE OF VERMONT SUPERIOR COURT UNIVERSITY MALL, LLC and 205 DS LLC V. CITY OF SOUTH BURLINGTON THIS SUMMONS IS DIRECTED TO: ENVIRONMENTAL DIVISION DOCKET NO. SUMMONS CITY OF SOUTH BURLINGTON, VERMONT 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. 2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the Plaintiffs attorney located at: 34 Pearl Street, PO Box 174, Essex Junction, Vermont 05453. You must also give or mail your Answer to the Court located at 2418 Airport Road, Suite 1, Barre, VT 05651-8701. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 20 days and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. 5. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 6. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court a written Answ t prot ct your rights or you may lose the case. �.. Dated: August 1, 2012 ban el P. CfRourke, Esquire Plaintiffs' Attorney Served on Date STATE OF VERMONT SUPERIOR COURT UNIVERSITY MALL, LLC and 205 DS LLC LIP, CITY OF SOUTH BURLINGTON ENVIRONMENTAL DIVISION DOCKET NO. COMPLAINT FOR DECLARATORY JUDGMENT NOW COMES University Mall, LLC and 205 DS LLC, by and through their attorneys, Bergeron, Paradis & Fitzpatrick, and pursuant to 24 V.S.A. 4472 (b) and hereby complain against the City of South Burlington as follows: 1. The Plaintiff, University Mall, LLC, is the owner of lands and premises located at 155 Dorset Street, South Burlington, Vermont. 2. University Mall, LLC, has owned and operated said property as a shopping mall commonly known and designated as "The University Mall". Finard Properties, LLC is the third party property manager of the University Mall, LLC. 3. The Plaintiff, 205 DS LLC, owns lands and premises located at 205 Dorset Street, South Burlington, Vermont, which is adjacent to the lands and premises owned by University Mall, LLC at 155 Dorset Street, South Burlington, Vermont. 4. The Plaintiffs' properties, at all times material hereto, have been governed by the City of South Burlington Land Development Regulations adopted on May 12, 2003. 5. On December 31, 2011, the City of South Burlington issued a notice of public hearing to consider the adoption of a proposed interim bylaw. b. A municipality is empowered to adopt an interim bylaw pursuant to 24 V.S.A. §4415. 1 7. ° On February 21, 2012, the City of South Burlington enacted an Interim Bylaw suspending the previously enacted City of South Burlington Land Development Regulations as they previously applied to the Plaintiffs' properties. A copy of the Interim Bylaw is attached hereto as Exhibit 1. 8. The Interim Bylaw enacted by the City of South Burlington provides, in Section VI, that the City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by the Interim Bylaw. 9. At all times material hereto, on or after February 21, 2012, most development requiring permits of any kind, nature or use, required conditional use approval by the City of South Burlington's City Council. 10. On February 14, 2012, Plaintiffs filed a conditional use application pursuant to the recently enacted Interim Bylaw. A copy of the application is attached hereto as Exhibit 2. 11. The Plaintiffs' application for 155 and 205 Dorset Street included incorporation of the parcel owned by 205 DS LLC, into the existing University Mall shopping center planned unit development; razing an existing two-story commercial building; and construction of a 6,000 square foot building to be used for shopping center use. 12. The City of South Burlington City Council held public hearings on the Plaintiffs' application on April 30, 2012 and May 21, 2012. 13. On July 2, 2012, the City of South Burlington's City Council denied the Plaintiffs' application. The decision is attached hereto as Exhibit 3. } _ 14. The City of South Burlington's decision to deny the Plaintiffs' application was: ... the City Council concludes that the proposed project will or could be contrary to the amendments to the Land Development Regulations that the City adopts. For this reason, the City 2 Council'does-not reach review of the application under the modified conditional use criteria in 24 V.S.A. §4415(d), (e) and Section VI of the Interim Bylaw". 15. The City of South Burlington's City Council refused to apply the criteria mandated under 24 V.S.A. §4415(d) and (e) and Section VI of the Interim Bylaw. COUNT FAILURE, OF THE CITY OF SOUTH BURLINGTON TO ENACT INTERIM ZONING PURSUANT TO 24 V.S.A. §4415(a) 16. The Plaintiffs incorporate herein by reference all of the allegations of Paragraphs 1 through 15 as if fully set forth herein. 17. Pursuant to 24 V.S.A. §4415(a), a municipality may adopt an interim bylaw if it is conducting or has taken action to conduct studies, or has held or is holding a hearing for the purpose, inter alia, of considering a bylaw. 18. Upon information and belief, at the time the City of South Burlington issued the notice of the public hearing to adopt the interim bylaw, the City of South Burlington had failed to undertake the actions required by statute to enact this Interim Bylaw. 19. As a result of the City of South Burlington's failure to comply with the requirements of 24 V.S.A. §4415(a) prior to enacting the Interim Bylaw, the Interim Bylaw is void ab initio. COUNT II ACTIONS OF THE CITY OF SOUTH BURLINGTON ARE ULTRA VIRES 20. The Plaintiffs incorporate herein by reference all of the allegations of Paragraphs 1 through 19 as if fully set forth herein. 21. 24 V.S.A. §4415(d) provides that under interim bylaws, a municipality's legislative body may, upon application, authorize the issuance of permits for any type of land development as a conditional use. 3 t 22. - Pursuant to 24 V.S.A. §4415(e), a municipality's legislative body shall consider the Plaintiffs' proposed use with respect to all of the following criteria in making a determination of an application for conditional use: (1) The capacity of existing or planned community facilities, services, or lands. (2) The existing patterns and uses of development in the area. (3) Environmental limitations of the site or area and significant natural resources areas and sites. (4) Municipal plans and other municipal bylaws, ordinances, or regulations in effect. 23. The Interim Bylaw enacted by the City of South Burlington, at Section VI, adds additional criteria to the City Council's review process. 24. The Interim Bylaw adopted by the City of South Burlington, at Section VI, exceeds the statutory authority granted to the municipality by including criteria in review of an application that are not authorized by the Vermont Planning and Development Act. 25. The inclusion of such ultra vires criteria is fatally defective to enforcement of the Interim Bylaw and the Bylaw itself. COUNT III ACTION OF THE CITY OF SOUTH BURLINGTON DOES NOT CONSTITUTE A DECISION WITHIN THE MEANING OF THE VERMONT PLANNING AND DEVELOPMENT ACT 26. The Plaintiffs incorporate herein by reference all of the allegations of Paragraphs 1 through 25 as if fully set forth herein. 27. The decision of the City of South Burlington also provides, in part: "... the City Council does not reach review of the application under the modified conditional use criteria in 24 V.S.A. §4415(d), (e) and Section VI of the Interim Bylaw." 2 28. • 24 V.S.A. §4415(e) requires the City of South Burlington to make its determination of the Plaintiffs' application pursuant to the criteria found in 24 V.S.A. §4415 (d) and (e). 29. The City of South Burlington's refusal to review the application under the statutory criteria and to decide the application thereon is a failure to act pursuant to 24 V.S.A. §4464(b) and, accordingly, the application should be deemed approved. COUNT IV VIOLATION OF PLAINTIFFS' CONSTITUTIONAL RIGHT TO DUE PROCESS AND EQUAL PROTECTION UNDER THE LAW 30. The Plaintiffs incorporate herein by reference all of the allegations of Paragraphs 1 through 29 as if fully set forth herein. 31. The City of South Burlington's Interim Bylaw, at Section VIII, provides that the Interim Bylaw is to be administered in the manner provided in 24 V.S.A. §4415. 32. 24 V.S.A. §4415(e) requires that a legislative body shall consider four criteria in making a determination on an application for the issuance of permits as a conditional use under interim zoning. 33. The City of South Burlington's decision reads as follows: "In making its determination, the City Council uses the Purpose statement in Section I of the regulation for the City Center and adjacent Williston Road area and possibly other areas of the City." 34. Furthermore, the City of South Burlington's decision by its City Council acknowledges on its face that it did not review the Plaintiffs' application under the criteria found f eat , in 24 V.S.A. §4415(d) and (e) or in Section VI of the Interim Bylaws. m 35. The South Burlington City Council's refusal to consider the Plaintiffs' application as required by law is an unreasonable exercise of power in violation of the Plaintiffs' 5 ,°sl constitutional rights found in both the United States' and the State of Vermont's Constitutions to due process and equal protection under the law. COUNT V THE ACTIONS OF THE SOUTH BURLINGTON CITY COUNCIL WERE ARBITRARY AND CAPRICIOUS 36. The Plaintiffs incorporate herein by reference all of the allegations of Paragraphs 1 through 35 as if fully set forth herein. 37. As set forth above, 24 V.S.A. §4415(e) requires that a legislative body shall consider four criteria in reviewing an application for the issuance of permits as a conditional use under interim zoning. 38. The City of South Burlington's decision reads as follows: "In making its determination, the City Council uses the Purpose statement in Section I of the regulation for the City Center and adjacent Williston Road area and possibly other areas of the City." 39. As set forth above, the City of South Burlington's decision by its City Council acknowledges on its face that it did not review the Plaintiffs' application under the criteria found in 24 V.S.A. §4415(d) and (e) or in Section VI of the Interim Bylaws. 40. The South Burlington City Council's refusal to consider the Plaintiffs' application as required by law was an arbitrary and capricious exercise of power. WHEREFORE, the Plaintiffs pray for the following relief: A. A Declaration that the City of South Burlington's Interim Bylaw was not properly enacted and is void; B. A Declaration that the City of South Burlington's actions in enacting the Interim Bylaw were ultra vires and the Interim Bylaw is void ab initio; C. A Declaration that the Plaintiffs' application is deemed approved for the failure of the South Burlington City Council to render a decision; 0 1). ' A Judgment that the South Burlington City Council's refusal to consider the Plaintiffs' application as required by law violated the Plaintiffs' constitutional rights to due process and equal protection under the law; E. A Judgment that the South Burlington City Council's refusal to consider the Plaintiffs' application as required by law was arbitrary and capricious; F. Actual and compensatory damages; G. An award of reasonable attorneys fees; and H. All other relief as the Court deems just. DATED at Essex Junction, Vermont, this 1 st day of August, 2012. Univ r i all, C & 205 DS LLC B Da 'e1-P. O' ourke, Esquire Vincent A. Paradis, Esquire Bergeron, Paradis & Fitzpatrick 34 Pearl Street, PO Box 174 Essex Junction, VT 05453-0174 dorourke cgessex.bpflegal.com wpdocs/Dan/University MalUComplaint.Declaratory.Judgment 7 INTERIM BYLAW I. PURPOSE: Land development in the City in the recent past has eliminated much open space throughout the City, including land designated as primary agricultural soil. In addition, there are approximately 700 dwelling units approved under the Land Development Regulations, but not yet constructed. At the same time, there has been an overall decrease in the affordability of housing within the City. Burlington International .Airport's Noise Compatibility Program and related programs have resulted in the purchase and removal from the market of more than 100 homes that are located near schools, parks, shopping centers and public transportation. This program is expected to remove from the market at least 100 additional homes located near the airport. Without any changes to the current City Land Development Regulations, these trends are unlikely to change. In October 2011, the City Planning Commission and Planning and Zoning Department hosted the Community Design Workshop to develop a new plan for the City Center and adjacent Williston Road area with the goal of adopting a Form Based Code -style of regulation for this and possibly other areas of the City. Two corridor studies, of Shelburne Road and of Williston Road, are also underway. In addition, the Planning Commission has established a committee to study, discuss and report to the Planning Commission on a more affordable type of housing known as "cottage housing". The Planning Commission is also in the process of a complete update of the City's Comprehensive Plan. As part of this update, the Comprehensive Plan may include as City goals support of sustainable agriculture, conservation of open space and promotion of housing for people of all incomes and stages of life. In light of the above, the purpose of this Interim Bylaw is to provide the City time to complete the above -listed work and necessary studies, review the results of the studies, the Form Based Code and the updated Comprehensive Plan; to determine whether additional studies are needed to plan for the development of the City in a manner that is consistent with the City's goals and objectives; and to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives. II. DESCRIPTION OF DISTRICTS AFFECTED: This Interim Bylaw shall apply to all Districts established and listed in Article 3.0l(A)(1)-(4) of the South Burlington Land Development Regulations except for: A. Airport Industrial B. Airport C. Institutional Agricultural - North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant - Village Commercial I. Mixed Industrial and Commercial District South Burlington Interim Zoning Bylaw Adopted February 21, 2012 J. Industrial and Open Space District Ill. LIMITATIONS ON LAND DEVELOPMENT: Within the areas affected by this Interim Bylaw, the following shall not be allowed: A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. IV. EXEMPTIONS: The provisions of Section III above notwithstanding, this Interim Bylaw shall not prohibit: A. Alterations of an existing single family dwelling provided that the cumulative alterations do not result in a total increase of more than 750 square feet to the building footprint and the building's square footage. B. Alterations of an existing two-family dwelling provided that the cumulative alterations to each dwelling unit do not result in a total increase of more than 750 square feet to the footprint of the portion of the building containing the subject dwelling unit and the dwelling unit's square footage. C. Alterations of any existing structures used for commercial or industrial purposes that do not result in an increase to either the building footprint or the structure's square footage. D. Development for which there is an approved Master Plan. E. Land Development on property owned by Highlands Development Company, LLC and JAM Golt LLC on the eastern side of Dorset Street that is currently the subject of litigation in Docket Numbers 194-10-03 Vtec and 38-3-11 Vtec, should settlement of said litigation be carried out as intended and described in Planning and Zoning Director Paul Conner's memorandum dated November 23, 2011, and the land exchange be carried out as approved by the City of South Burlington voters on December 6, 2011. F. Amendments to site plans involving a principal permitted use, site plans involving an approved conditional use and site plans of planned unit developments, if the proposed amendment meets one or more of the following criteria, even if the proposed amendment results in or requires either or both a request for a waiver under Article 13.01(1)(2) of the South Burlington Land Development Regulations and a request for a landscaping credit under Article 13.06(G)(3) of the South Burlington Land Development Regulations: (1) Relocation of site improvements and/or accessory structures that have been previously approved, provided that such relocations do not alter the approved coverage for the site. South Burlington Interim Zoning Bylaw Adopted February 21, 2012 (2) Re -approval of plans if a permit issued by the Development Review Board has expired within the preceding 6 months and no changes or alterations of any kind are proposed, including those outlined in (4) below. (3) Approval of plans showing as -built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact. (4) Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the Development Review Board. G. Amendments to site plans involving the enlargement of an existing building used for commercial or industrial purposes, if the proposed amendment meets the following criteria, even if the proposed amendment results in or requires either or both a request for a waiver under Article 13.01(N)(2) of the South Burlington Land Development Regulations and a request for a landscaping credit under Article 13.06(G)(3) of the South Burlington Land Development Regulations. The enlargement of the existing building used for commercial or industrial purposes must result in an increase in building area and/or impervious coverage totaling less than ten thousand (10,000) square feet or six percent (6%) of the overall site coverage, whichever is smaller. The cumulative total increase in building area and/or site coverage permitted through all amendments on any one lot shall not exceed ten thousand (10,000) square feet or six percent (6%) of the overall site coverage, whichever is smaller. V. DEFINITIONS: A. Words specifically defined in the South Burlington Land Development Regulations shall have the same meaning in this Interim Bylaw unless another meaning is clearly indicated. B. New Planned Unit Development shall mean any planned unit development for which a complete preliminary plat application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. C. New Subdivision: (1) For subdivisions classified as "minor", a new subdivision shall mean any minor subdivision for which a complete final plat application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. (2) For subdivisions classified as "major", a new subdivision shall mean any major subdivision for which a complete preliminary plat application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. D. New principal buildings that require site plan approval shall mean any principal building for which a complete site plan application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. VI. REVIEW OF APPLICATIONS South Burlington Interim Zoning Bylaw Adopted February 21, 2012 The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the City Council shall be granted upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: sites. A. The capacity of existing or planned community facilities, services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. VU. EFFECT ON EXISTING REGULATIONS: This Interim Bylaw shall not repeal or alter any existing ordinances, regulations or bylaws of the City of South Burlington. This Interim Bylaw establishes restrictions that are in addition to those contained in any other City ordinance, bylaw or regulation. VIII. ENACTMENT PROVISIONS: This Interim Bylaw is enacted pursuant to the provisions of 24 V.S.A. section 4415 and the South Burlington Charter, is to be administered in the manner provided for in said section 4415, as amended from time to time, and shall be effective upon passage. AMENDMENT TO INTERIM ZONING PROPOSAL No later than the first Council meeting in October, 2012, Council shall evaluate the IZ Bylaw. At a minimum the evaluation will be based on the follow criteria: • Council's decisions on development proposals that came before Council. • Economic analysis of interim zoning, both the financial impact on the city budget as well as the financial impact on citizens, residents and businesses of South Burlington. An economic analysis on: the types of development that cost the city more in services than revenue generated by that development; the types of development that cost the city no more in services than revenue generated by that development; and the types of development that generate more revenue to the city than cost in services generated by that development. This analysis to be called, "financial roadmap for future development within South Burlington. South Burlington Interim Zoning Bylaw Adopted February 21, 2012 4 • An economic analysis on the costs of all services and infrastructure, including maintenance, upgrades, replacement, and expansion, based on the total development build - out as allowed under the current Land Development regulations. • An economic analysis of the associated costs of pollution control mitigation and cleanup of the environment and natural resources, including, air, water and land resulting from the total build -out as allowed under our current Land Development regulations. • Report of the Affordable Housing and Sustainable Agriculture Committees. At the March 19, 2012 staffwill present a proposal to Council for discussion, possible modification and possible approval on: • The goal of an analysis on the financial impact to city budget of the current 1Z bylaw and the goal of a "financial roadmap for future development within South Burlington" • Possible companies that can provide any or all studies • Estimate cost for studies • A proposed steering committee to oversee the studies ■ Membership ■ Authority • Roles At the March 19, 2012 former Councilor Knapp and Councilor Greco will each present a proposal to Council for discussion, possible modification and possible approval on their two subcommittees (Affordable Housing and Sustainable Agriculture). Each proposal will include: • Goal of subcommittee • Membership • Authority • Assistance expected from staff and/or consultants Adopted this 2 1 " day of February 2012. South Burlington Interim Zoning Bylaw Adopted February 21, 2012 b" Mao southhur n to . PLANNING & ZONING Permit # IZ- -_ (office use outy) CONDITIONAL USE APPLICATION FOR THE CITY COUNCIL UNDER INTERIM BYLAWS All information requested,on this application must be .completed in full. Failure to provide the requested information either oft this application form. or on the site plan will result in your application being rejected and a delay in the review before the City Council. I understand the requirements and procedures required. by State I..aw (Section 4415 of the Planning & Development Act), and that a legal advertisement must appear a minimum of fifteen (15) clays prior to the hearing. 1) OWNER(S) OF RECORD (Narne(s) as shown on deed, rnaUing address, phone & fax #): University Mall LLC, c/o Finard Properties LLC, I55Dorset Street; South Burlington, VT 05403, #(802) 863-1.066 (p), #(802) 863,5836 (f) 205 DS, LLC, 419 Boylston Street, Boston, MA 02116, #6.17) 992-8679 (p); #(617),892:-8680 (f) 2) LOCATION OF LAST RECORR"ED DEED (book & page #) Umall: Vol. 778, Pg 63, 205 DS: Vo1.992 Pg..21.7 3) APPLICANT (name, mailing address, phone, fax #) University Mall, LLC (same as above) 4) CONTACT PERSON (person who will receive staff- correspoftdenco, Include name, mailing address, phone & fax 4, if different from above): Sheila McIntyre,, Summit Engineering, LLC, '1233 Shelburne Road South Burlington, VT '05403, #(802) 658-5588 (pj a. Contact e-mail address: smcintyre@summitengvt.coxn. 5) PROJECT STREET ADDRESS: 155 Dorset Street and .205 Dorset Street, South Burlington 6) TAX PARCEL ID #: 21/0570-00155 & 0570-0020.5C 7) PROJECT ZONING DISTRICT(S) Commercial 1. Zoning .District 8) PROJECT DESCRIPTION 575 Dorset Street South Burlington, VT 05403 tel 802,846.410"6 fax 802.846.4101 www.sburl.com a. General Prgj ect DescripEon (describe what you are proposing): Incorporate the 205 Dox et Street Parcel (0.31 acreo into the existing. University Mall shopping center P.UD (51.76 aeares): demolish an existing cornmercial building,, and construct a new building,for shopping center use (sketch lean includes retail tenants-.- 6,000 sf): relocate an existing ATM structure (352 and associated site improvements. b. Existing Uses on Property (including description and size of: each separate use):) An existing shopping center at 155 Dorset Street C704,983 .sf footprint), and an existing; commercial building and ATM building (2,70 sf footprint) at 205 Dorset Street. c. Proposed Uses on Property (include description and size of each new use and existing uses .to remain): All existing uses .on the University Mall Parcel (155 Dorset Street) to remain. Tlie buildings on the 205 Dorset Parcel will be replaced by a 6,000 sf building for shopping center use (sketch plan includes retail tenants), and the existing ATM structure on the 205 Dorset Street Rareel will be t•elocated onto the University_ Mall parcel. d. Description and Swnmary of all requested approvals from the City Council the Applicant is requesting review and approval of tho proposed Planned Unit Deyelopmexit mderInterim. Zoning including the provisions of the PUD as erg Zerally described in. the attached Sketch Plans -(EC 1 Existing Conditions, S 1 Overall Site Plan & S2 Retail Sketch Plan) and the cover letter dated March 26, 2012. e. Other (list any other information pertinent to this application not specifically requested above, please note. if overlay districts are applicable, The applicant requests a parking; waiver of 8.4%a for a Proposed vaunting ratio to 5.03 spaces pot 1000 sf of gross lease a w. Although the overall lot coverage and lot coverage within the 50 ft front yard setback exceeds -the current regttlatiors, the proposed design xeduces the coverages fzom those that currently exist. The green space: will increase by V—oximate1Y3,539 sf for the overall I'UD, and the front yard rg een space mill increase b�approirnately 366 sf. 9) SUPPORTING DOCUMENTS. A•compkted application form and required submittal .materials for the applicable review before the Development Review Board or Atlininistrative Officer shall be included. In the case of a subdivision or plmmed imit development, all inforn-tation required for Sketch .Plan review pursuant to Section 15,05 of the Land Development Regulations (LDRs) are required. In the case of all other types'of applications, the applicable LDR submittals -are required. Applicants ait further encouraged to provide information demonstrating compliance witlrtho review standards set forth. in 24 VSA §4415 (d) and (e). 10) PLANS AND FEE Plans shall be submitted which shows the information required by the. City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I1" x 17"), and one -digital (PDF-format) of the plans -must be submitted. An application fee shall be paid to the City at the. time of submitting the application. See the. City fee schedule for details. Interim Bylaw Council fipplioation Form. Rev. 1-2012 NOTE: NOTTf+TCATION of ADJOINING PROPERTY OWNERS- Notificatinrt of adjoining property owners, inaccordance with 24 V.S.A. §4464(a) and. Section 17.M(B) of the:South Burlington Land Development Regulations,. is the responsibility of the applicant, After-deenung an application complete, the Administrative Officer will provide the applicant with a draft meeting agenda or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public boating. I hereby certify that all -the information requested as part of this application hasbcen submitted and is accurate to the best of my kwwledge. vn:�craly t1AIF 6y; NA.Y'L r ✓ ta3,t C G� MVIA0.9-61! lyy Ram►^► ' SIGpA OF APPT ICANT pA„ga SIGNATURE PRINT SIGNATURE OF PROPERTY OWNER(S) PRINT N,A ME(S) Do not -write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: ❑ COMPLETE ❑ INCOMPLETE Administrative Officer Date The applicant or permittee retains the obligation to idento, 'apply for, and obtain relevant state permits for this project. CaX(802) 879-5676 to speak -with thg regional Permit Specialist.. lntaft 9y1aw-Cauncll'Appllcdflon Form. Rev. i 2012 EXHIBIT 3 #IZ-12-02' CITY OF SOUTH BURLINGTON CITY COUNCIL 155 & 205 DORSET STREET INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-02 FINDINGS OF FACT AND DECISION Finard Properties, LLC, and 205 IDS, LLC, hereafter referred to as the applicants, request approval pursuant to 24 V.S.A. §4415(d), (e) and Section VI under the Interim Bylaw for a planned unit development to: 1) incorporate the 205 Dorset Street parcel into the existing University Mall shopping center Planned Unit Development,-2) raze an existing two-story commercial building, and 3) construct a 6,000 sq. ft. building to be used for shopping center use, 155 and 205 Dorset Street. The City Council held a public hearing on April 30 and May 21, 2012. 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 City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicants request approval pursuant to 24 V.S.A. section 4415(d) and Section VI under the Interim Bylaw for a planned unit development to: 1) incorporate the 205 Dorset Street parcel into the existing University Mall shopping center Planned Unit Development, 2) raze an existing two- story commercial building, and 3) construct a 6,000 sq, ft. building to be used for shopping center use, 155 and 205 Dorset Street. 2. The owner of record of 155 Dorset Street is Finard Properties, LLC and of 205 Dorset Street is 205 DS, LLC, 3. The application was received on February 14, 2012. 4. The subject property is located in the Commercial 1-Residential 12 Zoning District. 5. The plans submitted consist of three pages, page one (1) entitled 'Existing Conditions Plan," prepared by Summit Engineering, Inc., and dated 1/9112. CONCLUSIONS OF LAW I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section Ill: Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed. - A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. 1 FAUSEMPlanning & Zoning\Development Review Board\Findings_Decisions\2012\[Z 12_02_155and205DorsetSt UMall.doc #iZ-12-02' D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 95.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The proposed development is prohibited by the interim Bylaw pursuant to subsections (C), (D), and (E) above. The proposed development does not qualify for an exemption under Section IV of the Interim Bylaw. Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. 11. OVERCOMING THE PRESUMPTION OF THE INTERIM BYLAW THAT THE PROPOSED PROJECT IS PROHIBITED The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates it's permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw( " ... the purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulatiohs that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to whatever amendments to the Land Development Regulations that the City ultimately adopts. See Section IiI of the Interim Bylaw. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that a specific development proposal is not the type of development that will or could be contrary to the amendments to the Land Development Regulations that the City adopts. See 24 V.S.A. §4415(d). Even when the City Council so concludes, the Council also must find that the specific development proposal will not have an undue adverse effect on any of the criteria in Section VI of the Interim Bylaw. See 24 V.S.A. §4415(d), (e). For the reasons set forth below, the City Council concludes that the proposed project is the type of development that will or could be contrary to the amendments to the Land Development Regulations that the City adopts. In making its determination, the City Council uses the Purpose statement in Section I of the Interim Bylaw, which includes, but is not limited to "Adopt a Form Based Code -style of regulation for the City Center and adjacent Williston Road area and possibly other areas of the City." 2 FAUSERSTfanning & Zoning\Development Review Board\Findings_Decisions1201211Z_12_02_155and205DorsetSt UMalf.doc #IZ-12-02 The City is in the process of formulating Form Based Code regulations for the City CenterNVilliston Road area and determining what additional areas of the City, if any, to which the Form Based Code regulations will apply. Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. Applicants propose to construct a new building on a property that is along Dorset Street across from one of the City Center zoning districts, Central District 1. The subject property is within the area that has been assessed and discussed in first drafts of the City's Form Based Code regulations. The proximity of the project location to City Center increases the likelihood that the subject property will be subject to Form Based Code regulations. The City is still formulating the Form Based Code regulations that likely will apply to this area. As a result of these unknowns, the City Council concludes that the proposed project will or could be contrary to the amendments to the Land Development Regulations that the City adopts. For this reason, the City Council does not reach review of the application under the modified conditional use criteria in 24 V.S.A. §4415(d), (e) and Section VI of the interim Bylaw. The City Council denies applicants' request to authorize the issuance of permits for the proposed project. DECISION Motion by 5Wdtcl %p1ji seconded by tleleN i le approve this written Findings of Fact and Decision in Interim Zoning Conditional Use Application #ZP-12-02 of Finard Properties, LLC, and 205 DS, LLC. Rosanne Greco— eanay/abstain/not present Helen Riehle — e1&'/nay/abstain/not present Pam Mackenzie --,yea/(&abstain/not present Sandra Dooley — �9/nay/abstain/not present Paul Engels — Onay/abstain/not present Motion Oasaed - by a vote of Signed this 'Z day of _0 It, 2012, by Z819 Rosanne Greco, 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://vermontludiciary.orq/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. FAUSERSTIanning & ZoningTevelopment Review Board\Findings_Decisions120121IZ 12_02_155and205DorsetSt UMall.doe No Text B E RGE RON g PARAD I S FITZPAT R I CK July 31, 2012 Jacalyn Fletcher, Court Manager Environmental Court of Vermont 2418 Airport Road Barre, VT 05641-8701 RE: Appeal of University Mall, LLC & 205 DS, LLC Dear Jacalyn: RECEIVED AUG 0 2 2012 City of So. Burlington Enclosed herewith please find a Notice of Appeal, pursuant to 24 V.S.A. §4472(a), in the above -referenced matter. Enclosed is a check for filing fees in the amount of $262.50 for this action. Thank you. Ver truy yoursVourke aniel P. O 1139•=7 Enclosures CC: City of South Burlington Planning & Zoning Department 575 Dorset Street South Burlington, VT 05403 Attorneys and Advisors 34 Pearl Street I Essex Junction, Vermont 05452 1 Tel 802,879.6304 1 Fax 802.879,6533 1 www.bpflegal.com STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION DOCKET NO. UNIVERSITY MALL, LLC & 205 DS, LLC FILED INTERIM ZONING CONDITIONAL USE APPLICATION NOTICE OF APPEAL J U L 3 12012 VERMONT Parties Taking Appeal: University Mall, LLC & 205 DS, LLC. SUPERIOR COURT ENVIRONMENTAL_ (XVISION Party Status: This appeal is taken pursuant to the provisions of the Vermont Planning and Development Act, including in particular, but not by way of limitation, the provisions of 24 V.S.A. §4471(a). Decision Appealed: Decision of the City of South Burlington's City Council denying the applicants' interim zoning conditional use application #IZ-12-02 requesting approval for a proposed project located at 155 & 205 Dorset Street in the City of South Burlington, Vermont, dated July 2, 2012, a copy of which decision is attached hereto as "Exhibit A". Court of Appeal: Environmental Court of Vermont Property Address/Location: 155 & 205 Dorset Street, South Burlington, Vermont. Description of Proiect: A planned unit development to: (1) incorporate the 205 Dorset Street parcel into the existing University Mall shopping center PUD, (2) raze an existing two-story commercial building, and (3) construct a 6,000 square foot building to be used for shopping center use. Permit Applicant(s): University Mall, LLC & 205 DS, LLC. Interested Parties: Any interested person must enter an appearance in writing with the Superior Court, Environmental Division, within 20 days of receiving this notice, or within any other time as may be provided under the Vermont Rule of Environmental Court Procedures 5(c), if they wish to participate in the appeal. DATED at Essex Junction, Vermont, this 31 st day of July, 2012. Un' ersi y gork�, & 205 DS, LLC By Daniel P. Esquire 10, Bergeron, Paradis & Fitzpatrick 34 Pearl Street, PO Box 174 Essex Junction, VT 05453-0174 dorourke essex.bpfle ag i.com EXHIBIT A #IZ-12-02 CITY OF SOUTH BURLINGTON CITY COUNCIL 155 & 205 DORSET STREET INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-02 FINDINGS OF FACT AND DECISION Finard Properties, LLC, and 205 DS, LLC, hereafter referred to as the applicants, request approval pursuant to 24 V.S.A. §4415(d), (e) and Section VI under the Interim Bylaw for a planned unit development to: 1) incorporate the 205 Dorset Street parcel into.the existing University Mall shopping center Planned Unit Development, 2) raze an existing two-story commercial building, and 3) construct a 6,000 sq. ft. building to be used for shopping center use, 155 and 205 Dorset Street. The City Council held a public hearing on April 30 and May 21, 2012. 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 City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicants request approval pursuant to 24 V.S.A. section 4415(d) and Section VI under the Interim Bylaw for a planned unit development to: 1) incorporate the 205 Dorset Street parcel into the existing University Mall shopping center Planned Unit Development, 2) raze an existing two- story commercial building, and 3) construct a 6,000 sq. ft. building to be used for shopping center use, 155 and 205 Dorset Street. 2. The owner of record of 155 Dorset Street is Finard Properties, LLC and of 205 Dorset Street is 205 DS, LLC. 3. The application was received on February 14, 2012. 4. The subject property is located in the Commercial 1-Residential 12 zoning District. 5. The plans submitted consist of three pages, page one (1) entitled "Existing Conditions Plan," prepared by Summit Engineering, Inc., and dated 119/12. CONCLUSIONS OF LAW 1, APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section Ill. Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed. A. New Planned Unit Developments, B. New subdivisions. C. New principal buildings that require site plan approval. 1 FAUSERSTIanning & Zoning\Development Review Board\Findings_Decis ion s\2012\IZ_12_02_155and205DorsetSt_UMall.doc #IZ-12-02 D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The proposed development is prohibited by the Interim Bylaw pursuant to subsections (C), (D), and (E) above. The proposed development does not qualify for an exemption under Section IV of the Interim Bylaw. Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. ll. OVERCOMING THE PRESUMPTION OF THE INTERIM BYLAW THAT THE PROPOSED PROJECT IS PROHIBITED The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates it's permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw( " ... the purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to whatever amendments to the Land Development Regulations that the City ultimately adopts. See Section III of the Interim Bylaw. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that a specific development proposal is not the type of development that will or could be contrary to the amendments to the Land Development Regulations that the City adopts. See 24 V.S.A. §4415(d). Even when the City Council so concludes, the Council also must find that the specific development proposal will not have an undue adverse effect on any of the criteria in Section VI of the Interim Bylaw. See 24 V.S.A. §4415(d), (e). For the reasons set forth below, the City Council concludes that the proposed project is the type of development that will or could be contrary to the amendments to the Land Development Regulations that the City adopts. In making its determination, the City Council uses the Purpose statement in Section I of the Interim Bylaw, which includes, but is not limited to "Adopt a Form Based Code -style of regulation for the City Center and adjacent Williston Road area and possibly other areas of the City." FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2012\IZ_12_02_155and205DorsetSt_UMall.doc #IZ-12-02 The City is in the process of formulating Form Based Code regulations for the City CenterNVilliston Road area and determining what additional areas of the City, if any, to which the Form Based Code regulations will apply. Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. Applicants propose to construct a new building on a property that is along Dorset Street across from one of the City Center zoning districts, Central District 1. The subject property is within the area that has been assessed and discussed in first drafts of the City's Form Based Code regulations. The proximity of the project location to City Center increases the likelihood that the subject property will be subject to Form Based Code regulations. The City is still formulating the Form Based Code regulations that likely will apply to this area. As a result of these unknowns, the City Council concludes that the proposed project will or could be contrary to the amendments to the Land Development Regulations that the City adopts. For this reason, the City Council does not reach review of the application under the modified conditional use criteria in 24 V.S.A. §4415(d), (e) and Section VI of the Interim Bylaw. The City Council denies applicants' request to authorize the issuance of permits for the proposed project. DECISION Motion by 5004', seconded by �IelfK) Fleble to approve this written Findings of Fact and Decision in Interim Zoning Conditional Use Application #ZP-12-02 of Finard Properties, LLC, and 205 DS, LLC. Rosanne Greco— Onay/abstain/not present Helen Riehle — e&/nay/abstain/not present Pam Mackenzie — yea/abstain/not present Sandra Dooley — e9/nay/abstain/not present Paul Engels — &nay/abstain/not present Motion pGtS6ed • by a vote of A-- Signed this 2 day of 301t 2012, by Rosanne Greco, 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://vermontiudiciary.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. FAUSEWPlanning & Zoning\Development Review Board\Findings_Decisions\201211Z_12_02_155and205DorsetSt_U Mall. doc southbuKlington V E R M 0 N T Page 2 Sheila McIntyre, Summit Engineering 1233 Shelburne Road C-2 So. Burlington, VT 05403 When the City Council sent out its notice on the above referenced application, the following additional people or entities were provided a copy of the Interim Zoning notice (this list does not include the persons noted above whom appeared at the Interim Zoning public hearing): Please see enclosed Certificate of Service dated April 9, 2012. Lastly, I recommend that you consult the statutory definition for "interested persons" contained in 24 V.S.A. §4465(b). If you believe that our list is missing someone who has interested persons status in this proceeding, you should consider sending them a copy of the notice of appeal, so that you can be confident that all persons or entities who are entitled to notice have received it. If you have any questions, please contact me. Sincerely, X1d4 Kimberly L. Murray, A Development Coordinator City Manager's Office cc: Vermont Environmental Court Amanda S.E. Lafferty, Esq. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburi.com C August 8, 2012 Mr. Daniel P. O'Rourke Bergeron Paradis Fitzpatrick 34 Pearl Street Essex Junction, VT 05452 Re: South Burlington Interim Zoning Decision #IZ-12-02, Notice of Appeal University Mall, 155 and 205 Dorset Street Dear Mr. O'Rourke: Pursuant to Rule 5(b) (4) (A) of the Vermont Rules of Environmental Court Proceedings (also see 24 V.S.A. §4471(c)), the following is a list of "interested persons" for the above referenced proceeding. You are instructed by that Rule to serve a copy of your notice of appeal upon all people or entities listed below, by certified mail. Michael Young 15 Dover Street So. Burlington, VT 05403 Robert Hughe 419 Boylston Street Boston, MA 02116 William Finard 419 Boylston Street Boston, MA 02116 Heather Trembley University Mall 155 Dorset Street So. Burlington, VT 05403 Jason Steward University Mall 155 Dorset Street So. Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 9 day of April, 2012, a copy of the foregoing public notice for Interim Zoning Application #IZ-12-02, was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Patricia J. Purdy 26 Brookwood Drive So. Burlington, VT 05403 Tung T. Phan 24 Brookwood Drive So. Burlington, VT 05403 Patricia E. Sheridan 22 Brookwood Drive So. Burlington, VT 05403 Dean Eric Draayer 9 Adironack St. So. Burlington, VT 05403 (20 Brookwood Ave) Joanne Lalime 18 Brookwood Drive So. Burlington, VT 05403 Andrew Hill 16 Brookwood Drive So. Burlington, VT 05403 Yiu Poon & Gabryell K. Kendall 14 Brookwood Drive So. Burlington, VT 05403 Luella M. Couture 12 Brookwood Drive So. Burlington, VT 05403 Paul & Ann E. Joppe-Mercure Trust 10 Brookwood Drive So. Burlington, VT 05403 John F. & Jean M. Shepard, Trustees 8 Brookwood Drive So. Burlington, VT 05403 NAME & MAILING ADDRESS Irene L. Sauer 6 Brookwood Drive So. Burlington, VT 05403 Jacques P. & Sandra J. Marchessault 4 Brookwood Drive So. Burlington, VT 05403 Kenneth A. & Susan H. Dattilio 2 Brookwood Drive So. Burlington, VT 05403 Jeffrey Baker 321 Dorset Street So, Burlington, VT 05403 Theresa M. Paquette 70 Fitzsimon's Road Jericho, VT 05465 (165 Dorset Street) Larkin, Tarrant, Hoehl Partnership 410 Shelburne Road South Burlington, VT 05403 (for 1 & 5 Dorset Street) State of Vermont Agency of Transportation Montpelier, VT 05602 Malone Dorset St. Properties, LLC 122 Gallison Hill Rd. Montpelier, VT 05601 (192, 196, 200 & 222 Dorset Street) Ruth E. Wood 174 Dorset Street So. Burlington, VT 05403 Dorset Square Associates c/o Neville Companies 30 Kimball Avenue, Suite 101 So. Burlington, VT 05403 (for 150 Dorset Street) Dorset St. Investment Group 75 South Winooski Ave. Burlington, VT 05401 (for 108 Dorset) Barnes & Noble 1400 Old Country Road Westbury, NY 11590 (for 102 Dorset Street) Tekram Partners 2 Market Street So. Burlington, VT 05403 (100 Dorset Street) University of Vermont State Agricultural College 85 So. Prospect Street Burlington, VT 05401 260 Quarry Hill Rd., LLC 270 Quarry Hill Rd. So. Burlington, VT 05403 (for 260 Quarry Hill)) Cupola Golf Course, Inc. 270 Quarry Hill Road So. Burlington, VT 05403 (for 270 Quarry Hill) John Larkin 410 Shelburne, Road So. Burlington, VT 05403 (for 376 Quarry Hill) Dated at South Burlington,Vermont, this 9 day of April, 2012. Printed Name: Sheila McIntyre Phone number and email: #(802) 658-5588 SmcintyreLa),surmnitengvt.com Signature:_ ---- Date: LA / o, / f a Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 July 3, 2012 Re: #IZ-12-02, 155 & 205 Dorset Street Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the City Council concerning your recent application. If you have any questions, please contact me. SinAr,Ra.Belau Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 4474 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Revised 412012 Interested Persons Record and Service List enasar,r. Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: \-AkC y 2 t 2cC7 C,i PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST tel &-3\?Ls f Ott ui "r- '�-Ovt" '6, in';7 7` T I'��6t`T1-1��- a G"- .x;. i Interested Persons Record and Service List Revised 412012 Southourn loil VC.FM0 r Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: A F PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS I MAILING ADDRESS PROJECT OF INTEREST Je-(� 0k6 ' &;";I €� . woe, . io i\A0.nsf` eLA �A« Lo. N��GiA yr L) �id L\ ro" 104, i t4 �Kftokkl"&-W, C��--- L-t F Revised 412012 NOT. Interested Persons Record and Service List SOUt1q)jwYjngton F.M U'iT Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishingito achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: AFRIL 30, lorz- f foulicA PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST �O�e✓-i" f+c/ �lC, ✓ �t/��►e�S @ �,nH/�l1id/Jtilre5� y I� 13oyl Vr4l, ve�1- bdsMn� And Un��•�5j �/ V� H �� / J,'`'�' a3,� -st�,c� -� C_ a- 3 + Lr,,v-e'-s'�IYi ail ta�N ► f� �`N't3 c fi`� N T F1� �.►��z�PRQ P - E1�7) t;,S.re JN ) S i5t7 0 �Z S�'T U e� 1 �l �"n S 7 A L l_ I SUMMIT ENGINEERING, INC Engineers + Surveyors + Planners + Landscape Architects May 21, 2012 . South Burlington City Council 575 Dorset Street South Burlington, VT 05403 RE: Interim Zoning for the University Mall PUD Dear Council Members: When we met on April 30, 2012,.the City Council continued consideration of this application to today in order to deliberate as to any additional requirements that the Staff communicate to us, As we understand it, there were no requests from the Council for the Applicant to supply any additional information or exhibits. We were, however, notified on Friday May 18, 2012 that the City Attorney had added an additional step to the review process, which would have/should have taken place prior to last months hearing. At this time, we would like to provide testimony on the new additional step in the review process dealing with "the presumption under interim zoning that [this development] is prohibited until we demonstrate that the project overcomes the presumption that this project will or could be contrary to the permanent bylaws that the City ultimately adopts." Per the Purpose section of the Interim Zoning, these issues are highlighted as: 1) Sustainable agriculture .- there is currently no sustainable agricultural practices on the site, nor are any proposed. The project will not cause any adverse impact on agricultural practices on or near the site. The project is a redevelopment of an existing commercial space. As such, there is no opportunity to add agriculture to the Land Use. Thus the proposed site improvements are not contrary to the potential goals of the City to support agriculture, nor will it impede the City's fixture efforts to support agriculture. 2) Conservation of Open Space — There is currently no Open Space on the site and none is proposed. It is a commercially developed shopping district and no Open Space will be impacted, nor will the proposed commercial space have any negative influence on any existing or planned Open Spaces. The redevelopment of an existing commercial space in an existing Commercial Center will not negatively impact Open Space, nor will it impede the City's potential effort to conserve Open Space in the future; and 1233 Shelburne Rd., G-2 South Burlington, VT 05403 Business (802) 658-5588 Fax (802) 658-3629 City Council 5/21/12 Page 2 3) Affordable Housing — there is no housing on the University Mail site, nor is any proposed. The reconstruction of a commercial building in an existing Commercial Center will not adversely impact any existing housing nor create any barriers to housing development in the future. Thus the proposed project is not contrary to the City's potential goal to promote housing for people of all incomes and stages of life. I believe last month we addressed how the development complies with the existing by-laws of the City and the six criteria of the Interim Zoning regulations. In addition to the existing adopted rules and regulations, we understand that the City is asking us to also evaluate bow this project will not be "contrary" to future regulations that may be adopted at some future point in time. At this time, without specific written standards to address, we looked towards the first draft of the From Based Code that has not been adopted but has been provided by the City in a first draft format as one example of a potential bylaw that the City might ultimately adopt. In that draft FBC, the following goals are outlined for future development: Permitted Use Parking Lot Width Lot Coverage Front Setback Side Setback. Rear Setback Stories Proposed Under Existing Code (+/-) Shopping Center Shopping Center 5.1/1000sf DRAFTFBC Retail/Personal Services Retail 4.0/1000 sf 127 1.7t & > 2,000 ft (pre-existing) 18 — 96 ft 75% 15 ft 5 ft (for 205 Dorset) 24ft (for 205 Dorset) 2* 70% 6 — 18 ft 0 11 min.. 3 ft min. 2-4 *(In commercial spaces, a story that exceed 14 ft is counted as 2 stories. 19 ft parapet is proposed — See Table 15 A of the Draft Form Based Code) City Council 5/21/12 Page 3 In both documents, the proposed use is a permitted use. This is not contrary to the proposed Draft Form Based Code. No new parking is being proposed. A wavier has been sought to reduce parking numbers below that which is prescribed under existing regulations. This reduction in parking ratios furthers the goals of the Draft Form Based Code and will not be contrary to potential future regulations that aim to reduce parking ratios. Lot coverage is currently non -conforming and will be decreased from 75% to 74.9% for the overall PUD. On the 205 Dorset parcel specifically, existing lot coverage is 89% and the proposed lot coverage will be 74%. This lot, however, will be incorporated into the overall Mall PUD where there will still be a reduction in lot coverage as a result of this proposed project. Regarding the number of stories, this commercial space has a first floor greater than 14 ft and thus by definition will be treated by the Code as a two-story building. To further the goals of the Code, the Applicant will consider design elements that support the goals of the draft Code as demonstrated in the architectural elevations presented. These include building mass, materials, entryway features, pedestrian access, and location on the lot to promote the ideals that have been discussed for the future City Center. In this regard, the proposed project is not contrary to the Draft Form Based Code. In addition to these specific standards, it is the stated purpose of the Draft Form Based Code to "promote health, safety and general welfare of the City and its citizens, including protection of the environment, conservation of land, energy and natural resources, reduction in vehicular traffic congestion, more efficient use of public funds, health benefits of a pedestrian environment, historic preservation, education and recreation, reduction in sprawl development, and improvement of the built environment" (see section 1.1.3). As noted in previous testimony, this project includes improvements to an existing built environment which reduces sprawl and protects the environment including conservation of land. It also provides a more pedestrian oriented development which in turn reduces traffic and economizes on public investments. The project is not contrary to the stated purpose of this draft Code, and it is not contradictory to the promotion of health, safety or general welfare of the public. In summary, we feel that this proposed project will not be contrary to the permanent bylaws that the City may adopt including those that are currently available in the form of a draft Form Based Code. Thank you for considering our testimony on this new step in the Interim Zoning Review Process. If you should need additional information, please do not hesitate to let me know. We R City Council 5/21/12 Page 4 are interested in moving this project forward. as expeditiously and economically as possible while ensuring compliance with the City's regulations. Respectfully submitted, Sheila McIntyre Environmental Planner CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING CITY COUNCIL Report preparation date: April 27, 2012 \drb\staffcomments\2012\ZP_12_02_155DorsetSt_UMall Plans received: March 26, 2012 nda #12 155 & 205 DORSET STREET INTERIM ZONING CONDITIONAL USE APPLICATION #ZP-12-02 Meeting date: April 30, 2012 Owner/Applicant University Mall LLC c/o Finard Properties LLC 155 Dorset Street South Burlington, VT 05403 205 DS, LLC 419 Boylston Street Boston, MA 02116 Contact Person/Enaineer Sheila McIntyre Summit Engineering LLC 1233 Shelburne Road South Burlington, VT 05403 802-658-5588 Property Information Tax Parcel 1540-1000 __ Commercial 1 — Residential 15 District SUBJECT HEADINGS are bold, italic, capitals, and double -underlined Orientation to text from the Interim Zoning Bylaw or other city documents, or review criteria, are underlined. Text excerpted from the Interim Zoning Bylaw are bold italic Text excerpted from other City ordinances are in regular italic Staff comments are in normal text. University Mall, LLC, hereafter referred to as the applicant, is seeking conditional use approval under Interim Zoning to:) raze an existing commercial building, and 2) construct a 6,000 sq. ft. building to be used for shopping center use, 205 Dorset Street City Planner Cathyann LaRose and Director of Planning & Zoning Paul Conner, referred to herein as Staff, have reviewed the plans submitted on March 26, 2012 and have the following comments: Interim Bylaw Section Ill; Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed. - A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)- (e) of the South Burlington Land Development Regulations. The proposed development is subject to the Interim Zoning Bylaw under subsections (C), (D), and (E) above. The proposed development does not qualify for an exemption under Section III of the Bylaw as it includes an amendment to a Planned Unit Development and an amendment to a Site Plan showing a replacement of an existing principal structure. Interim Zoning Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type E of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. As such, the City's Administrative Officer warned the public hearing scheduled for April 30, 2012. Pursuant to Section VI of the South Burlington Interim Zoninq Bylaw, adopted February 22, 2012, authorization by the City Council shall be granted upon a finding by the Council that: The proposed use is consistent with the health, safety, and welfare of the municipality. The law is well settled that municipal zoning ordinances are constitutional in principle as a valid exercise of the police power when reasonably related to public health, safety, morals, or general welfare. City of Rutland v. Keiffer, 124 Vt. 357, 359, 205 A.2d 400, 402 (1964); see also Galanes v. Town of Brattleboro, 136 Vt. 235, 240, 388 A.2d 406, 410 (1978). However, references in an ordinance to the "public health, safety, and welfare" of the municipality are not adequate standards in that they fail to provide both adequate guidance to the reviewing body and fair notice to landowners. See Town of Westford v. Kilburn, 131 Vt. 120, 123-125, 300 A.2d 523, 525-526 (1973); see also In re Handy, 171 Vt. 336, 344-345 and 347, 764 A.2d 1226, 1235-1237 (2000). For these reasons, the City Council does not conduct a separate review of applications under this standard in 24 V.S.A. section 4415(d) and Section VI of the Interim Bylaw. Interim Zoning Bylaw Section VI(a): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Community Facilities & Services: • Schools & Education: The proposed development will not change the number of students in South Burlington schools. Highway Capacity & Maintenance: The use of the subject property will be changing from an approved umbrella permit (approved 18 pm peak vehicle trip ends) to a retail store of 6,000 sq. ft., which is estimated to generate 16.26 pm peak vehicle trip ends. Therefore the expected traffic generation will decrease as a result of the new proposal. The applicant proposes to utilize the existing signalized intersection at Dorset Street for access. No additional curb cuts are proposed as part of this application. The Director of Public Works has reviewed the application and feels that the proposed project will not have an adverse effect upon highway capacity or maintenance. • City Hall & Services: The proposed development will not change demands on city hall or services. 3 • Fire /EMS Facilities & Services: The proposed development has been reviewed by the Fire Chief. He feels that this development will not have an adverse effect on Fire/EMS facilities or services. • Police Facilities and Services: The proposed development has been reviewed by the Police Chief. He feels that this development will not have an adverse effect on police facilities or services. • Water & Sewer Facilities: As the proposed development result in an increase of 2000 square feet, it will likely require a slight increase in water and sewer service. There are no current limitations on the City's water and sewer capacity at this time. • Stormwater Facilities: The proposed development proposes to utilize existing stormwater treatment on site. The overall impervious coverage on the site is proposed to decrease slightly. • Library Facilities & Services: The proposed development will not change the number of users of the library. • Recreational Facilities & Services: The proposed development will not change the number of users of the city's recreational facilities or services. • Housing & Affordable Housing: The proposed development does not include any housing. The district in which the project is located allows for both residential and non- residential land uses. Community Lands • Open Space. The proposed development does not significantly alter the amount of open space on the property. The current building and parking will be replaced by a new building and parking facility. Overall impervious coverage is proposed to decrease slightly with the addition of some green space to the front of the newly proposed building. Primary Agricultural Soils: In Vermont, regulated soils under Act 250 include both those classified as "prime" and those classified as "statewide." In making a determination of whether these soils are to be regulated, a site is reviewed to determined current use, agricultural viability, and adjacent uses. The basic classification of soil types does not account for whether the land is developed or not. In South Burlington, the significant majority of all land includes a basic classification of containing either "prime" or "statewide" soil types. For this site, the existing development on the property is located on soils classified as "statewide" agricultural soils. The proposed development will replace existing development on the property. No assessment has been completed as to the viability of agriculture on the site. However, in accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA & Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has been converted to urban land or build-up areas should no longer be considered Important Farmland. " Form Based Codes: Form based codes are under consideration for this parcel. The subject parcel lies immediately adjacent to existing Central District zoning. The initial draft Form Based Codes for this area contemplate pedestrian -friendly design, with buildings being oriented towards streets and having a minimum of two stories in height. The proposed development is located at the corner of Dorset Street and the umall access drive. It is unclear in which direction the building is oriented. Pedestrian access from M Dorset Street is proposed for one of the two retail stores but does not appear to be from the second. The proposed building is one story in height, Travel Corridors: The proposed development is located adjacent to Dorset Street. The proposed development is adjacent to roadways with sidewalk. While the plans include a singular pedestrian entry from Shelburne Road, it is unclear if this is adequate to serve this goal and related standard. Interim Zoning Bylaw Section VI(b): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Type of development: The proposed development is for retail use. The current use of the larger parcel is a shopping mall. Adjacent uses currently include: • To the east, non -conforming single family residential uses, and a retail food building. The properties to the east and the south lie within the existing Central District zoning district and are currently reviewed under standards which encourage urban form, design, and function. Orientation of development The proposed development includes a principal structure that is located on the corner of the Dorset Street and the southern access to the University Mall shopping center. Parking for the use is located to the rear of the building, on the western portion of the property, adjacent to additional parking for the University Mall, as is presently the case with the existing building. As previously stated, it is unclear in the plans submitted if the orientation of the new building will be towards the street. Surrounding buildings all have doors facing the street. Scale of development The existing development consists of a two-story commercial building and associated parking. The proposed development consists of a one-story commercial building and associated parking. The scale of existing uses in the immediate area varies between single and two-story structures. The most recently constructed buildings east of the subject lot are two-story and provide an urban scale. Interim Zoning Bylaw Section VI(c): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. The proposed development will result in the removal of one curb cut from the mall access drive, which had been located too close to the signalized intersection at Dorset Street. The 5 proposed use is estimated to result in a reduction of traffic and there would be traffic impact fees expected. There will be no need for adjustments to the adjacent signalized intersection; sidewalks and a recreation path are already in place along Dorset Street. The Director of Public Works has reviewed the proposed development and does not feel that it will present an adverse affect on traffic on roads and highways in the vicinity. Interim Zoning Bylaw Section Vl(d): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Limitations of the site or area: The site in question does not appear to have any environmental limitations (wetlands, steep slopes, shallow depth to water tables), save for the historic presence of unregulated statewide agricultural soils beneath the existing parking lot and building. There appear to be no adjacent connected environmental limitations. Significant Natural Resources: The site in question does not appear to have any significant natural resources (wildlife habitat or corridors, rare tree stands, etc.). There appear to be no adjacent connected significant natural resources. The subject lot lies within a relatively densely developed area of the City and the new construction is proposed to replace an existing structure. Interim Zoning Bylaw Section VI(e): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. Utilization of renewable energy resources on site: The proposed development does not include renewable energy production on site. Utilization of renewable energy resources off site: The proposed development does not appear to preclude the use of renewable energy by adjacent properties, as the structure on the site is only a single story in height and is located apart from existing buildings. A property to the east of the proposed development currently utilizes solar access for some power generation, but is of a sufficient distance to not be impacted by the proposed building. Interim Zoning Bylaw Section VI(t): The proposed development shall not result in an n. undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. The City Council should review the following (and any other) elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. South Burlington Comprehensive Plan Goals (adopted March 9, 2011) Comprehensive Plan, page 7: Regional Cooperation: "Through reciprocal cooperation with neighboring towns, regional agencies and entities with regional influence, the City plans to promote economical and efficient administration of certain public services including water supply, fire and police protection, transportation, parks, water quality improvement, and waste disposal. In addition, the City recognizes its role within a larger regional context and shall plan in cooperation with neighboring municipalities and other towns in the region. " The proposed development is located within an existing developed area and is a redevelopment of an existing commercial use. Comprehensive Plan, page 7: City Identify & City Center: The City shall strive to establish a vital and dynamic focal point consisting of residential and commercial uses and public spaces in the Dorset Street area. This City Center shall welcome travelers to the City and provide an exciting area for residents and visitors to live, work, shop and recreate. It is a goal of this City to strive to establish a vital and dynamic focal point consisting of residential and commercial uses and public spaces in the Dorset Street area. This City Center will welcome travelers to the City and provide an exciting area for residents and visitors to live, work, shop and recreate. The proposed development is located within the broader City Center area. The Comprehensive Plan, pursuant to Chapter 5(B)(2), includes the Dorset Street/Market Street area of the City and envisions "higher density, mixed uses" which will allow people and visitors to "live, work, and shop within a physically attractive, pedestrian friendly environment." The Comprehensive Plan, Chapter 7, states that "mixed -use buildings orient directly onto the public way to maximize the interaction between public and private activity. Amenities such as benches, on -street parking, attractive lighting and signs, large windows, etc, further animate the street life....." It also recommends that the promotion of "an appropriate level of density (coverage and building heights) to provide a 'critical mass' of activity." The proposed building is only one story in height, while the current building is two stories. Another stated recommendation of the adopted Comprehensive Plan is that the City "continue to promote the development of an aesthetically pleasing environment through design control of buildings and related open space (signs, materials, landscaping, etc.)" The submittal of architectural plans would likely assist in assessing the proposal's compliance with this stated City objective. 7 A full listing of goals can be found in Chapter 7 of the Comprehensive Plan (attached) As already stated, the City Council should review the elements of this standard and determine whether (a) the proposed development presents an adverse effect and (b) if yes to (a), whether such adverse effect is undue. • Comprehensive Plan, page 7: Population & Balanced Rate of Growth: It is a goal of this City to promote through appropriate growth management techniques a reasonable rate of population growth and development to ensure a vital and healthy community. The proposed development is located within an existing developed area and is a redevelopment of an existing commercial use. Comprehensive Plan, pages 7-8: Quality Environment: The City plans to protect the aesthetic quality and maintain the diversity of the living environment, both natural and man-made, through open space preservation; minimized view disruption; acquisition of adequate lakeshore properties; protection of watercourses, wetlands, and wildlife habitats; requirements for landscaping, buffers, and setbacks; protection for historic and cultural resources; and maintenance of ample outdoor recreation facilities. Both fiscal and statutory resources shall be used to this end. The proposed development is a redevelopment of an existing site. The criteria included above are addressed in other areas of this report. Comprehensive Plan, page 8: Land Use Distribution: The City shall encourage a land use pattern generally consisting of a higher density, compact urban core in the Dorset Street/Market Street area (i.e., proposed City Center), continued investment and growth in the City's existing developed corridors (i.e., Shelburne Road and Williston Road corridors), and generally decreasing densities and less intensive uses toward the more rural communities to the south and southeast. The City shall strive to maintain an appropriate balance between residential, commercial and industrial development and open space and natural resource preservation. The proposed development is located along the existing developed Dorset Street corridor, included in the goal statement above. • Comprehensive Plan, page 8: Open Space Planning: It is a goal of this City to promote the conservation and restoration of its natural resources in planning for the City's future while allowing for the City's continued growth as an urban center. The proposed development is located within an existing developed area and is a redevelopment of an existing commercial use. No open spaces presently exist on the site on in adjacent areas. • Comprehensive Plan, page 8: Housing: Shelter is a basic need and providing for housing is a fundamental element of the Plan. The availability of quality housing, and n quality affordable housing, is important in attracting and retaining a qualified work force. Existing and developing residential neighborhoods shall be identified and protected through appropriate zoning and responsible site planning. The proposed development does not include housing. Existing housing is present at the fringes of adjacent properties. • Comprehensive Plan, page 8: Schools: It is a goal of this City to provide a quality education system through its public school system and promotion of other public and private educational programs. The proposed development does not include housing or other demands placed upon schools. • Comprehensive Plan, page 8: Recreation: A goal of the City is to provide for the varied recreational needs and interests of its citizens by providing areas and facilities for passive recreation, active sports, cultural and educational programs. The proposed development does not include any recreation facilities. Comprehensive Plan, page 9: Economic Development: The City will promote a stable and orderly rate of economic development in order to maintain existing jobs and provide new employment opportunities. The City will remain aware of the substantial secondary effects of this development, such as increased demand for new housing, more numerous and extensive municipal services, and potential environmental degradation, and work to properly address such effects. The proposed development is a redevelopment of an existing site and will result in a similar sized building to what is presently on the site. Comprehensive Plan, page 9: Transportation: It is a goal of this City to improve and expand all modes of transportation including private automobile, public transit, air, rail, biking, walking, ride sharing and private sector involvement. Such expansion and improvement shall be consonant with equal access for all income levels and abilities, reasonable costs, orderly and continued economic growth, existing and proposed land use, the fixed supply of land, the increasing cost of energy, and other goals of this plan. The proposed development is located along Dorset, which is served by public transit. The larger University Mall property is currently host to the busiest transfer point for public bus service in the City. • Comprehensive Plan, page 9: Public Utilities & Services: It is a goal of this City to provide quality public and quasi -public utilities and services to all residents and businesses in a manner that is efficient, cost-effective and environmentally sound. The proposed development is located within an existing developed area and is a redevelopment of an existing commercial use. • Comprehensive Plan, page 9: Land Use through Zoning: The City plans to zone land for its best use, taking into consideration the physical nature of the land, the economics of its development, its relation to existing uses, and the needs of the community as a whole. The subject property is located within the Commercial 1- Residential 12 zoning district. Land Development Regulations (amended January 9, 2012) Staff recommends that the Council include a condition in any approval of this proposed development that the applicant must receive approval from the Development Review Board prior to issuance of a zoning permit. All other city ordinances Staff recommends that the Council include a condition in any approval of this proposed development that the applicant must receive all other applicable permits prior to issuance of a zoning permit. Staff has reviewed the proposed development for consistency with the Interim Zoning Bylaw review standards. The City Council is encouraged to examine the proposed development against each of these standards and staff analyses. The Council should feel free, as well, to consider and discuss any analysis of the standards not considered by staff in this review. For ease of use, staff has prepared a short summary of key discussion items for the Council under this application: Conformance with comprehensive plan goal of mixed use, building height, and building orientation. The proposed building is single story and its building orientation is unclear. The Council may wish to seek additional information to better assess these criteria. • Pedestrian accessibility in conformance with goals for public land. Respectfully submitted, Paul Conner, AICP, Director of Planning & Zoning Cathyann LaRose, AICP, City Planner 10 Comps ::. eC., 'Mr. N Map 6 Future Land Use ' South Burlington, Vermont Town Boundary 'A; 1 ROADS r AIRPORT APPROACH CONE Y CITY CENTER/MIXED USE GROWTH CENTER _ PL.,tNNING AREAS: RESIDENTIAL, HIGH DENSITY 1 RESIDENTIAL, MODERATE DENSITY RESIDENTIAL, LOW DENSITY ��-- RESIDENTIAL AND OPEN SPACE 1 COMMERCIAL, -` INDUSTRIAL CITY CENTER MIXED USE PUBLIC & QUASI -PUBLIC RECREATION, CONSERVATION, & OPEN SPACE PROPOSED PARK " PARK CO DISTRICT sources. , 1:5.0001999 Digital 0,thoplrulos Roa« data from 2000IV$ Digital,"treat Map_ ,i� - ,-� l y. Walor covemgvs from :1000 O'Brien Study. All data in NAD83, Vermont St:,le Plan i1 coord-%Ie system pro( 111dion by City of South Burlington .-. .� _. - - - -:_ -' Dept of Ph,—ing & Zoning, 575 Dorset SL, Soulh Burlington, VT 05403. PH-. 802-846-4106 - i , , 1000 0 1000 Feet Dsclaimer. • The accuracy of information presented is delermmed by as sources errors and omismonS maye%i St The City of South Burlington Is not responsible for these. Ouesl,ons of on the ground location Can only be resolved by site Inspections, andlor surveys by a registered surveyor Hence this map m not suf icient for delineation of features on the around. This map identifies the presence of features and may indicate refationshms between features, but Is not a replacement for surveyed Information or engineering studies 1 0 1 Miles E I V E D APR 3 0 2012 City of So. Burlington CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 9 day of April, 2012, a copy of the foregoing public notice for Interim Zoning Application #IZ-12-02, was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Patricia J. Purdy 26 Brookwood Drive So. Burlington, VT 05403 Tung T. Phan 24 Brookwood Drive So. Burlington, VT 05403 Patricia E. Sheridan 22 Brookwood Drive So. Burlington, VT 05403 Dean Eric Draayer 9 Adironack St. So. Burlington, VT 05403 (20 Brookwood Ave) Joanne Lalime 18 Brookwood Drive So. Burlington, VT 05403 Andrew Hill 16 Brookwood Drive So. Burlington, VT 05403 Yiu Poon & Gabryell K. Kendall 14 Brookwood Drive So. Burlington, VT 05403 Luella M. Couture 12 Brookwood Drive So. Burlington, VT 05403 Paul & Ann E. Joppe-Mercure Trust 10 Brookwood Drive So. Burlington, VT 05403 John F. & Jean M. Shepard, Trustees 8 Brookwood Drive So. Burlington, VT 05403 NAME & MAILING ADDRESS Irene L. Sauer 6 Brookwood Drive So. Burlington, VT 05403 Jacques P. & Sandra J. Marchessault 4 Brookwood Drive So. Burlington, VT 05403 Kenneth A. & Susan H. Dattilio 2 Brookwood Drive So. Burlington, VT 05403 Jeffrey Baker 321 Dorset Street So. Burlington, VT 05403 Theresa M. Paquette 70 Fitzsimon's Road Jericho, VT 05465 (165 Dorset Street) Larkin, Tarrant, Hoehl Partnership 410 Shelburne Road South Burlington, VT 05403 (for 1 & 5 Dorset Street) State of Vermont Agency of Transportation Montpelier, VT 05602 Malone Dorset St. Properties, LLC 122 Gallison Hill Rd. Montpelier, VT 05601 (192, 196, 200 & 222 Dorset Street) Ruth E. Wood 174 Dorset Street So. Burlington, VT 05403 Dorset Square Associates c/o Neville Companies 30 Kimball Avenue, Suite 101 So. Burlington, VT 05403 (for 150 Dorset Street) Dorset St. Investment Group 75 South Winooski Ave. Burlington, VT 05401 (for 108 Dorset) Barnes & Noble 1400 Old Country Road Westbury, NY 11590 (for 102 Dorset Street) Tekram Partners 2 Market Street So. Burlington, VT 05403 (100 Dorset Street) University of Vermont State Agricultural College 85 So. Prospect Street Burlington, VT 05401 260 Quarry Hill Rd., LLC 270 Quarry Hill Rd. So. Burlington, VT 05403 (for 260 Quarry Hill)) Cupola Golf Course, Inc. 270 Quarry Hill Road So. Burlington, VT 05403 (for 270 Quarry Hill) John Larkin 410 Shelburne, Road So. Burlington, VT 05403 (for 376 Quarry Hill) Dated at South Burlinjzton,Vermont, this 9 day of April, 2012. Printed Name: Sheila McIntyre Phone number and email: #(802) 658-5588 Smcintyreka summiten vg t.com Signature: -E \' - _ cc\, Date: Li / 01 / f a Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 Location N/F UNIVERSITY OF VERMONT N/F i HORIZON HEIGHTS I N/F —__—__ I SPEAR —__—__ GO ---__—__--_-�--__ i CUPOLA GOLF COURSE INC. — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — ~—I-89 SOUTHBOUND--�- I-89 NORTI;gOUND—yI'B�BA�ELINE INTERSTATE 89 - - o OF VERMONT PURDY ----t{F- ------ TROMBLEY �\ '� \ , /'N/F \\ \ \\ LOADING AREA SHERIDAN A �%� \\ \ 7 D,RAAYER \\ LOADING A AREA h YANG. /WAL'H \ ` ROBBINS NF YR1 k CHUNG \% N/F ) COUTURE \%`� -----A - --r� SHEARD \� N/F SAUER N/F MARCHESSAULT N F DA ILIO N/F DESARNO WALL 18 I.H. DISTRIC _i - LOADING �- --- - -'AR[� 19 19 19 HANNAFORD'S ,e AO 19 b-- 20 20 8 LOADING o C2 8 3 7 12 77, KOHL'S UNIVERSITY MALL EXISTING MALL � STORES GOODS IOR BEGIN `\ 4 v 20` 66 33 JADING' AREA 1—r'N SEARS STORE IC9 8 EXISTING \ MALL 15 34 6 ENTRANCE 33 C19 (TYP.) i OC2I B PARKING STRUCTURE \ 1 I 1 , 25 I �® 17 37 BON —TON EXIT Di �1pt \ 37 39 39 37 36 3 39 39 37 33 32 20 20 21121 20 ' 3 2 ONLY A3 \\ \ `p \ SEARS 18 13 17 � IQ 16 LOADING AUTO Ir 1818 \ AREA CE TIE — 11 1 113 1,16 \� 1 \ 11 19 _11-317n Auu�T��I 6 17 N I s 10 ` 10 Tx, NO 7 8 8 8 8 8 8 8 8 9 9 I 9 1 I 1 rl OS 10 115 ABJ INC. I = DORSET STREET N/F /F �-- I I X RW N IROBERGE� N� N/F N/F � ( i MCKENNAI REALTY I WOODS ASSOC. BOUTIh ORSET SQUARE ASSOC. -� I /F --- 3 N I AMI BURLINGTON INC. l BAR EN 5 & i N� � ~ I , NOBLE i TEKRAM PARTNERS N/F I J I i SOUTH BURLINGTON `� N REALTY CORP. SOUTH BURLINGTON N/F REALTY CORP. RW REALTY ASSOC. GRAPHIC SCALE (w Fm) 1 hmh - TOOK I FUTURE ACCESS \ APPROVED BY CITY `\ BUT NOT CONSTRUCTED\ N/F `\\ LARKIN, TARRANT \ & HOEHL �O= 00 Off` 4 N T GR ER , N/F /CHAMPLAIN OIL CO. •Z 0 fXE Now. 5),;wl_EC DAT, NPN A& SUMMIT ENGINEERING, INC Engineers - 8urveyore . Planners - Lsndscepe Amhft- 1233 Shelburne Road C2 South Burlington, VT 05403 Bus. (802) 658-5588 Fax (802) 658-3629 a3ra,m AUAWFH NPN [Jz[xw SM 5r" i--JW OWNERS OF RECORD: 205 DS LLC UNIVERSITY MALL, LLC VOL. 992, PG. 217 VOL 778, PG. 63 419 BOYLSTON STREET C/O FlNARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 SOUTH BURLINGTON. VT 05403 EXISTING CONDITIONS PLAN oA)F 3/26/2012 ORAINNO NO. 205 DORSET STREET EC1 UNIVERSITY MALL RWO-60f NO. 155 DORSET STREET SOUTH BURUNGTON, VE MONT 723,11 © N UNIVERSITY OF VERMONT N/F PURDY _- EY ,-------L _r-7-- �%` ---_ TROM \\ \ \ N/F % \\ \ \ LOADING AREA SHERIDAN \ \ \ \\ 7LOADINC \1�i \ D'RAAYER ��� \ '�� \ AREA & YANG. \ /WALSFH ' \% N/F \ ROBINS \� `� N/FYU \ & CHUNG N/F 1 COUTURE N/F �\ JOPPF-MERCURF!I I N/F HORIZON HEIGHTS i N/F -- AR - -�_--- GOLF SPEAR ----- I CUPOLA GOLF COURSE INC. f_I-89 SOUTHBOUND I-89 NORTHBOUND 1-89 BASELINE WALL 78 I.H. DISTRIC -4 19 19 /, HANNAFORD'S ie 19 20 20 1 HOME 19 19 GOODS 19 19 \ n19 19 1 \1 15 34 33 \\ I 321 —NSF—P4 '` \\ I 31 SHEPARD -� \ 1 25 � I N/F 1 t1 T\ 1 SAUER \\\ `\� SEARS\\\ SSAULT MARCH AUTO ERVICI 1 \ �� CENTEF DATT/1LI0 1 \\`�� �\ DESARNO 1 ( 1 ABJ INC. I I nJ ivcrsity Mall and 0 Dorset St Proposed Retell, Revised 3/26/12 t P - of overage Total Area 2,26B,366 sf = 52.07 acres Buildings: 707,776 sf Existing = 31.2% +3,561 sf Proposed 771.337 sf New Total - 31.4% Impervious: 994,163 sf Existing = 43.8% -7,100 sf Proposed 987,063 sf New Total = 43.5% Pervious: 566,427 of Existing - 25.OX +3,539 of Proposed 569,966 sf New Total= 25.1% GROSS LEASE AREA: Previously Permitted: 618,605 sf Proposed: 6,352 of New Total: 624.957 sf LOADING LOADINGREk- ARIA b --- C2 11 KOHL'S =_ UNIVERSITY MALL EXISTING MALLSTORES .��» \ i JC PENNEY 6 UC19 Oc21 0 20 17 117 39 32J 39 39 37 36 3739 39 37 37 8 33 32 20 20 21 21 2kR 3 213 C16 181811 !11 rULDM���crx+17�� 177iDA {I� 1( MALL ENTRANCE (TYP.) BON —TON BEGIN `\ 66 33 3 7 I^—� 10 7SEARS I / PARKING STRUCTURE EXIT INLY T 8 8 T.. 8 8 T., T.. Tl� --------- --- ---T--r--T-N�-�- N--T --- i N/F I RW IROBERGEI N� I N/F I i I �MCKENNAI REALTYI SOU-TnPWOOD ORSET SQUARE ASSOC.- ASSOC.IIi AMI BURLINGTON INC. BNOBLEN/FJSOUTH BURLINGTON REALM CORP. N SOUTH BURLINGTON N/F REALTY CORP. RW REALTY ASSOC. Lot Coverage In 50' Setback Alone Dorset Street Buildings: 4.546 sf Existing PARKING +1,538 sf Proposed s= Total spaces - 3,/49 Spaces (or 5.03/1000st GLA) 6.084f New Total 6% Impervious: 35,861 sf Existing Breakdown of 3,149 Spaces: -1,904 sf Proposed 983 in Parking Structure 33,957 sf New Total = 35% 2,166 on site Pervious: 57,684 sf Existing +366 of Proposed 58.050 sf New Total - 59% GRAPHIC SCALE ( IN FM 1 inch - I00tt fZE144K: 517ROI 57 Location LOT COVERAGE IN I.H.O. DISTRICT ALONG 1-89: BUILDINGS: 33,937 SF = 8.8% PAVEMENT: 144,705 SF = 37.7% GREENSPACE: 205,268 SF = 53.SX TOTAL: 383,910 SF = 100% If FUTURE ACCESS APPROVED BY CITY ` \ BUT NOT CONSTRUCTER N/F LARKIN, TARRANT \ & HOEHL 1 1 6 I 1 1 BANG � I 1 9 I W o2 1 0C� V� 1� TEKRAMN PARTNERS I GREER N CHAMPPLAIN / OIL CO. •Z�tiO vv �' yy DAT, NPN Z-91 n DFN %?AAW NPN SUMMIT ENGINEERING, INC Engineers • Survey • 119nrlwa • Lendecepe NCAlfecfs 7*17" SM 1233 Shelburne Road C2 South Burlington, VT 05403 sr" 1'_100' But (802) 658-5668 F- (602) 658-3629 OWNERS OF RECORD: 205 DS LLC UNIVERSITY MALL, LLC VOL. 992, PG. 217 VOL. 778, PG. 63 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 SOUTH BURUNGTON, VT 05403 0.315 ACRE 51.76 ACRES OVERALL SITE PLAN o47F 3/26/2012 29RANNO NO. 205 DORSET STREET S1 UNIVERSITY MALL PRG).ECT NO. 155 DORSET STREET SOUTH WRMONT 723e1 11 SURUNGTON, © Sears Auto Service Center N/F N/r i NW Realty Assoc. I South Burlington Realty Corp. e end ---�'—�--- PrnPrty Lhe ------•---.---- Easement Lhe 0 light P.A. b nl..rent ® Mmrhde GG ass Vdre 54gn p Cole TV Box O Ca,K.ete rvon—t r d ® aete tare O bar PO. F nd le Cato Bash (D Ex -g Deaidusus Tree (o k fxbthg Cm/Brous T c= &1.w9 Shrubs Ic] ! 55 ss --- 0 65 56 —> DORSET STREET - — — — — — — — — — — — — — — — — — — — — — — — — — — — — ------------------- ----------------- N/P RW Realty Assoc. Roberge Er Boutin I d i Dorset Square Assoc. AMI Buhr McKenna GRAPHIC SCALE t tmh - 80 tt ----- N� Tekrom Partners �mr DAT, NPN t I Jmli.L I I I I I j RETAIL SKETCH PLAN OAIE 3/26/2012 ORAttlNG NO. 205 DORSET STREET NPN SUMMIT ENGINEERING, INC UNIVERSITY MALL S2 �crAm SM PROWCT NO. 2 723.1 ME NAb2: S77.SYIl_S7 EnBrnaeis • Sury w. • PBnnera r Lendacepe Nchttecte 1233 Shelburne Road C2 South Burlington, VT 05403 Bus. (602) 656-5566 Faz (802) 60W3 W29 155 DORSET STREET SOUTH BURLINGTON, VERMONT mfw r t-_30, SUMMIT ENGINEERING, INC Engineers + Surveyors + Planners + Landscape Architects March 26, 2012 City Council City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: University Mall PUD, 155 Dorset Street & 205 Dorset Street, Interim Zoning/Conditional Use Application Dear Council Members: On behalf of Finard Properties, LLC and 205 DS, LLC (Owners), I am submitting an application for Interim Zoning Review to incorporate the 0.31 acre parcel at 205 Dorset Street in the existing 51.76 acre University Mall PUD. We are seeking approval of the Council for the reconstruction of the existing commercial building on the 205 DS parcel with a new 6,000 sf building for shopping center use. Sketch Plans currently includes a retail space, and the relocation of an existing ATM building. There are no changes proposed to the Mall intersections or vehicle access to the site. Access to the 205 parcel will be via the existing driveways. It is the intention of the plan to preserve the existing site function and general layout, with minimal disturbance to the surroundings. It is also the intention of the plan to create an updated, efficient building that adds an aesthetic attribute to Dorset Street and to the University Mall site. As part of this design: 1) A parking waiver of 8.4% for the shopping center is requested. This represents a waiver from the 5.5 parking spaces per 1,000 sf gross lease area to 5.03 parking spaces per 1,000 sf gross lease area. The existing approved waiver is 7.1% or a parking ratio of 5.1. The University Mall site and the 205 Dorset sites are not located in a Traffic Overlay District. 2) There is no parking proposed along the frontage of any buildings. Existing parking behind the building will be utilized to serve this area of the shopping center. There is no new parking proposed in the 50 ft front yard setback. 3) Pedestrian access off of Dorset Street will be via a proposed sidewalk along the north edge of the existing Mall driveway where no sidewalk currently exists. 4) The Mall PUD is currently a nonconforming lot regarding total lot coverage. Lot coverage is currently at 75%. With the proposal, it will be decreased to 74.9% 5) The Mall PUD is currently a nonconforming lot regarding lot coverage in the frontyard setback. With this proposal, front yard setback coverage will decrease from 41.2% to 40.8%. 6) Although the new building and ATM are proposed within the 50 ft front yard setback, they are intruding less than the existing situation, and the design elements intend to 1233 Shelburne Rd., C-2, South Burlington, VT 05403 Business (802) 658-5588 Fax (802) 658-3629 C City Council I Z. March 26, 2012 Page 2 improve upon the aesthetic features, and include landscaped greenspace between Dorset Street and new building. A landscaped buffer of 15 ft is incorporated onto the 205 parcel to continue the unified landscape theme of the Mall, similar to that approved for the Vitamin Shoppe. A waiver is requested for this new building. 7) Although there is some impervious area proposed between Dorset Street and the new building for pedestrian access, it is not proposed for parking or vehicle access as it currently exists. Vehicles will use the existing Mall entrance drives for access to the existing Mall parking areas. Both lots are located in the Commercial 1 District. With regard to the Interim bylaw standards of review per 24 V.S.A. Sec. 4415(e), we offer the following considerations: (1) The capacity of the existing or planned community facilities, services or lands. The University Mall is an existing PUD and there is currently commercial development on the 205 parcel. The 205 parcel was never formally incorporated into the University Mall PUD although the sites currently function in that respect with shared access. The reconstruction of a commercial use will not adversely impact the capacity of any existing or planned community facilities, services or lands as there will be no expansion of the site off of the existing lots, no changes or alterations to public facilities including Dorset Street, an no need for new City Services beyond those that already serve these commercial uses. As part of the project, a new sidewalk connection to Dorset Street will be added along the Mall entrance drive to enhance pedestrian access. (2) The existing patterns and uses of development in the area. The patterns and uses in the area include the University Mall which is a shopping center. Included in the existing PUD is retail space throughout the mall site and a drive through bank at the north end of the site; thus there will be no overall change in use in the PUD. The commercial building on the 205 Parcel will continue to be a commercial use with the same vehicle access to Dorset Street, only the proposed structure will be set back further from the Dorset Street property line in order to provide a more consistent streetscape including a landscaped buffer. This layout is consistent with the adjacent City Center goals for the Dorset Street streetscape with a scale that promotes pedestrian accessibility between the two districts. (3) Environmental limitations of the site or area and significant natural resource areas and sites. There are no known or mapped significant natural areas on or adjacent to the 205 Dorset parcel. It is currently developed with approximately 88% coverage and no front yard setback. The reconstruction of the building will allow for greater greenspace and infiltration. There is a stream and associated Class Two wetland at the southern limits of the existing Mall PUD, however, there is no development proposed in or near this area of the site. C I City Council I.Z. March 26, 2012 Page 3 (4) Municipal Plans and other Municipal Bylaws. The City of South Burlington Comprehensive Plan was adopted by the City Council on March 9, 2011. In this plan, the Land Use Goal includes the following language: "It is a goal of this City to encourage a land use pattern generally consisting of a higher density, compact urban core in the Dorset Street/Market Street area (i.e., proposed City Center), continued investment and growth in the City's existing developed corridors (i.e., Shelburne Road and Williston Road corridors)." Further, "In 1987, the area surrounding Dorset Street and Market Street was designated as the future City Center of South Burlington. This area is planned to be a downtown consisting of higher density, mixed uses including residential, retail, office, and the municipal and school complex. This area is planned to be the focus or physical center of the City where people and visitors can live, work and shop within a physically attractive, pedestrian friendly environment." The Mall PUD and the 205 Dorset parcel are located in the Commercial 1 Zoning District, adjacent to the City Center Zoning District. The Mall provides, and with this amendment to the PUD, will continue to provide the mix of goods and services that the Mall offers to the City including places to work and shop, including retail, grocery, auto repair, banking, personal care and restaurants, all within potential walking and biking distance to the City Center and nearby residential neighborhoods. If you have any questions about the materials provided, please do not hesitate to contact me. Sincerely, Sheila McIntyre Environmental Planner Permit # IZ-A- blo� (office use only) ~ CONDITIONAL USE APPLICATION FOR THE CITY COUNCIL UNDER INTERIM BYLAWS All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the City Council. I understand the requirements and procedures required by State Law (Section 4415 of the Planning & Development Act), and that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): University Mall LLC, c/o Finard Properties LLC, 155 Dorset Street, South Burlington, VT 05403, #(802) 863-1066 (p); #(802) 863-5836 (f) 205 DS, LLC, 419 Boylston Street, Boston, MA 02116, #(617) 892-8679 (p); 4617) 892-8680 (f) 2) LOCATION OF LAST RECORDED DEED (book & page #) Umall: Vol. 778, Pa 63; 205 DS: Vol.992 Piz. 217 3) APPLICANT (name, mailing address, phone, fax #) University Mall, LLC (same as above) 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if different from above): Sheila McIntyre, Summit Engineering, LLC, 1233 Shelburne Road, South Burlington, VT 05403, #(802) 658-5588 (p)) a. Contact e-mail address: smcint, re e,summitengvt.com 5) PROJECT STREET ADDRESS: 155 Dorset Street and 205 Dorset Street, South Burlington 6) TAX PARCEL ID #: 21/0570-00155 & 0570-00205C 7) PROJECT ZONING DISTRICTS) Commercial 1 Zoning District 8) PROJECT DESCRIPTION 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com a. General Project Description (describe what you are proposing): Incorporate the 205 Dorset Street Parcel (0.31 acres) into the existing University Mall shopping center PUD (51.76 acres); demolish an existing commercial building and construct a new building for shopping center use (sketch plan includes retail and drive -through bank tenants; 5,500 sf); relocate an existing ATM structure (352 sf);. and associated site improvements. b. Existing Uses on Property (including description and size of each separate use): ) An existing shopping center at 155 Dorset Street (704,983 sf footprint), and an existing commercial building and ATM building (2,793 sf footprint) at 205 Dorset Street. c. Proposed Uses on Property (include description and size of each new use and existing uses to remain): All existing uses on the University Mall Parcel 0 55 Dorset Street) to remain. The buildings on the 205 Dorset Parcel will be replaced by a 5,500 sf building for shopping center use (sketch plan includes retail and drive through bank tenants), and the existing ATM structure on the 205 Dorset Street parcel will be relocated onto the University Mall parcel. d. Description and Summary of all requested approvals from the City Council The Applicant is requesting review and approval of the proposed Planned Unit Development under Interim Zoning including the provisions of the PUD as generally described in the attached Sketch Plans (EC 1 Existing Conditions, S 1 Overall Site Plan & S2 Bank & Retail) and the cover letter dated February 13, 2012. e. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable. The applicant requests a parking waiver of 9% for a proposed parking ratio to 5.03 spaces per 1000 sf of gross lease area. Although the overall lot coverage and lot coverage within the 50 ft front yard setback exceeds the current regulations, the proposed design reduces the coverages from those that currently exist. The green space will increase by approximately 1,907 sf for the overall PUD, and the fronts rg een space will increase by pproximately 1,008 sf. 9) SUPPORTING DOCUMENTS. A completed application form and required submittal materials for the applicable review before the Development Review Board or Administrative Officer shall be included. In the case of a subdivision or planned unit development, all information required for Sketch Plan Review pursuant to Section 15.05 of the Land Development Regulations (LDRs) are required. In the case of all other types of applications, the applicable LDR submittals are required. Applicants are further encouraged to provide information demonstrating compliance with the review standards set forth in 24 VSA §4415 (d) and (e). 10) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) of the plans must be submitted. An application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. Interim Bylaw Council Application Form. Rev. 1-2012 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agenda or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. UA.v -K �yy Mill: c. L G Or: f- nw✓b /hrr SIGMA URE OF APPLICANT 1a5 C>5,LA- C. �' pi: F;na/a. P.,rtyt y S LL SIGNATURE OF PROPERTY OWNERS SIGNATURE OF PROPERTY OWNER(S) Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: [C 1C�IPLETE ❑ INCOMPLETE Administrative Officer PRINT AME(S) PRINT NAME(S) Date 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. Interim Bylaw Council Application Form. Rev. 1-2012 01i011 rr10;\1— SUMMIT February 13, 2012 Engineers + Surveyors + Planners + Landscape Architects City Council City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: University Mall PUD, 155 Dorset Street & 205 Dorset Street, Interim Zoning/Conditional Use Application Dear Council Members: On behalf of Finard Properties, LLC and 205 DS, LLC (Owners), I am submitting an application for Interim Zoning Review to incorporate the 0.31 acre parcel at 205 Dorset Street in the existing 51.76 acre University Mall PUD. We are seeking approval of the Council for the reconstruction of the existing commercial building on the 205 DS parcel with a new 5,500 sf building for shopping center use. Sketch Plans currently includes a retail space and a drive-thru bank, and the relocation of an existing ATM building. There are no changes proposed to the Mall intersections or vehicle access to the site. Access to the 205 parcel will be via the existing driveways. It is the intention of the plan to preserve the existing site function and general layout, with minimal disturbance to the surroundings. It is also the intention of the plan to create an updated, efficient building that adds an aesthetic attribute to Dorset Street and to the University Mall site. As part of this design: 1) A parking waiver of 9% for the shopping center is requested. This represents a waiver from the 5.5 parking spaces per 1,000 sf gross lease area to 5.03 parking spaces per 1,000 sf gross lease area. The existing approved waiver is 7.5% or a parking ratio of 5.1. The University Mall site and the 205 Dorset sites are not located in a Traffic Overlay District. 2) There is no parking proposed along the frontage of any buildings. Existing parking behind the building will be utilized to serve this area of the shopping center. There is no new parking proposed in the 50 ft front yard setback. 3) Pedestrian access off of Dorset Street will be via a proposed sidewalk along the north edge of the existing Mall driveway where no sidewalk currently exists. 4) The Mall PUD is currently a nonconforming lot regarding total lot coverage. Lot coverage is currently at 75%. With the proposal, it will be decreased to 74.9% 5) The Mall PUD is currently a nonconforming lot regarding lot coverage in the frontyard setback. With this proposal, front yard setback coverage will decrease from 46.5% to 45.7%. 6) Although the new building and ATM are proposed within the 50 ft front yard setback, they are intruding less than the existing situation, and the design elements intend to 1233 Shelburne Rd., C-2, South Burlington, VT 05403 Business (802) 658-5588 Fax (802) 658-3629 11 City Council I.Z. February 13, 2012 Page 2 improve upon the aesthetic features, and include landscaped greenspace between Dorset Street and new building. A landscaped buffer of 15 ft is incorporated onto the 205 parcel to continue the unified landscape theme of the Mall, similar to that approved for the Vitamin Shoppe. A waiver is requested for this new building. 7) Although there is some impervious area proposed between Dorset Street and the new building for an access drive to the bank drive-thru, it is not proposed for parking. Vehicles will use this for one way access only, and the drive will be sufficiently buffered with landscaping, similar to the People's Bank layout at the north end of the University Mall PUD. A waiver to the front yard setback is requested for this one way drive. Both lots are located in the Commerical 1 District. With regard to the Interim bylaw standards of review per 24 V.S.A. Sec. 4415(e), we offer the following considerations: (1) The capacity of the existing or planned community facilities, services or lands. The University Mall is an existing PUD and there is currently commercial development on the 205 parcel. The 205 parcel was never formally incorporated into the University Mall PUD although the sites currently function in that respect with shared access. The reconstruction of a commercial use will not adversely impact the capacity of any existing or planned community facilities, services or lands as there will be no expansion of the site off of the existing lots, no changes or alterations to public facilities including Dorset Street, an no need for new City Services beyond those that already serve these commercial uses. As part of the project, a new sidewalk connection to Dorset Street will be added along the Mall entrance drive to enhance pedestrian access. (2) The existing patterns and uses of development in the area. The patterns and uses in the area include the University Mall which is a shopping center. Included in the existing PUD is retail space throughout the mall site and a drive through bank at the north end of the site; thus there will be no overall change in use in the PUD. The commercial building on the 205 Parcel will continue to be a commercial use with the same vehicle access to Dorset Street, only the proposed structure will be set back further from the Dorset Street property line in order to provide a more consistent streetscape including a landscaped buffer. This layout is consistent with the adjacent City Center goals for the Dorset Street streetscape with a scale that promotes pedestrian accessibility between the two districts. (3) Environmental limitations of the site or area and significant natural resource areas and sites. There are no known or mapped significant natural areas on or adjacent to the 205 Dorset parcel. It is currently developed with approximately 88% coverage and no front yard setback. The reconstruction of the building will allow for greater greenspace and infiltration. There is a stream and associated Class Two wetland at the southern limits of the existing Mall PUD, however, there is no development proposed in or near this area of the site. I �F City Council I.Z. February 13, 2012 Page 3 (4) Municipal Plans and other Municipal Bylaws. The City of South Burlington Comprehensive Plan was adopted by the City Council on March 9, 2011. In this plan, the Land Use Goal includes the following language: "It is a goal of this City to encourage a land use pattern generally consisting of a higher density, compact urban core in the Dorset Street/Market Street area (i.e., proposed City Center), continued investment and growth in the City's existing developed corridors (i.e., Shelburne Road and Williston Road corridors)." Further, "In 1987, the area surrounding Dorset Street and Market Street was designated as the future City Center of South Burlington. This area is planned to be a downtown consisting of higher density, mixed uses including residential, retail, office, and the municipal and school complex. This area is planned to be the focus or physical center of the City where people and visitors can live, work and shop within a physically attractive, pedestrian friendly environment." The Mall PUD and the 205 Dorset parcel are located in the Commercial 1 Zoning District, adjacent to the City Center Zoning District. The Mall provides, and with this amendment to the PUD, will continue to provide the mix of goods and services that the Mall offers to the City including places to work and shop, including retail, grocery, auto repair, banking, personal care and restaurants, all within potential walking and biking distance to the City Center and nearby residential neighborhoods. If you have any questions about the materials provided, please do not hesitate to contact me. Sincerely, Sheila McIntyre Environmental Planner NF PURDY N UNIVERSITY OF VERMONT V %\_ NOI WALL 1g ,.n. oo mw LOADING p� -- � TRO BMLEY--__--'1�---)5—�—_ _-- %, \ \. \\ LOARE NG C D 19 SH \\ � \ 19 SHERIDAN 19 NF DRAAYER `. \\ ,\y \\ 7LOADING HANNAFORD'S ,e & YANG. \ \ 'gyp \ AREA LSH �% / N/F \`% \ 20 ROBBINS / %% I / 20 19 �% HOME N/F \ GOODSYlu ,s & C UNG N/F 1� 1 19 COUTURE \% / 15 34 N/F �\ I 33 JOPPE-MERCUREJ I \ -- � 132I —�\` \ I 3> SHEPARD -� N/FA\. \1 leg N/F 25 j N/F 1 \ , T1aCT \ 39 SAUER \ N F MARCHPSSAULT N/F \ \ \ DATTILIO \\ \ \\ N/F DESARNO 1 1 1 11 I I ! N/F ' HORIZON HEIGHTS I N/F #360 SPEAR CUPOLA GOLF COURSE INC. I-89 SORTHBOUND �---L I-89 NORTHBOUND—�I- 9 AS - ----- ABJ INC. University Mall and 205 Dorset Street PUD - Lot Coverogp, Proposed Retail and Bank, Reviead 1/9/12 Total Area 2,268,366 sf = 52.07 acres Buildings: 707.776 sf Existing = 31.2% +3059 of Proposed 710.835 sf New Total = 31.3% Impervious: 994,163 sf Existing = 43.8% -4,966 sf Proposed 989,197 sf New Total = 43.6% Pervious: 566,427 sf Existing - 25.0% +1907 sf Proposed 56,334 of New Total = 25.1% GROSS LEASE AREA= 624,457sf SEARS ............................... 1"­—__�....... -......iiiiiiiiiii/i////i//i//////////////% ////////////////� 2 , KOHL'S UNIVERSITY MALL EXISTING MALL STORES g ENTRANCE \\ 9 (TYP.) / ()C21 U 20 17 37 8 17 BON —TON 37 39 39 37 36 3 39 39 37 33 32 20 20 21121 20 �3 el C16 LOADING I Ull' T 1818 T \AREA __ � \ BEGIN - \ LOA&1_NC- AREA SEARS STORE f g PARKING STRUCTURE EXIT LOT COVERAGE IN I.H.O. DISTRICT ALONG 1-89: BUILDINGS: 33,937 SF - 8.8% PAVEMENT: 144,705 SF = 37.7% GREENSPACE: 205,968 SF 53.5X TOTAL 383,910 SF = 100% FUTURE ACCESS APPROVED BY CITY \ BUT NOT CONSTRUCTED\ `\ N LARKIN, TARRANT & HOEHLOEHL GLN I E 11 pmp"' 1 19 \ 1 i BULDNC 37I S I I n - 17 sF , 3 10 A A I 6 I 4 %1 10 16 Bun � 1 14 5 7 W 8 8 8 B 8 8 8 8 8 8 8 8 9 I II IN pROP06ED 115 9 t �Y o2 DORSET STREET ---T-----rN/F-----N/F ----- ---- -�- N/F I RW IROBERGEI N/F N/F I IMCKENNAI REALTY ,I& BOUTII� WOOD II ORSET SQUARE ASSOC. A550C. __�J I O I I N/F I BARNES & I N/F I N/F AMI BURT O� LINGTON INC. NOBLE I / r I TEKRAM PARTNERS GREER N/F I J I i N �J CHAMPLAIN� SOUTH BURLINGTON ' / OIL CO. r REALTY CORBUR SOUTH BURUNGTON N/F REALTY CORP. RW REALTY ASSOC. �O Lot Coverage (n 50' Setback Along Dorset Street d' Buildings: 4,524 sf Existing PARKING -182 sf 4.342 sf Proposotal - 5%ed New T Total spaces = 3,141 Spaces (or 5.03/1000sf GLA) Impervious: 36,363 sf Existing Breakdown of 3.141 Spaces: -826 sf Proposed 983 in Parking Structure 35,810 sf New Total = 41% 2,158 on site Pervious: 47,031 sf Existing +1008 sf Proposed 48,039 sf New Total = 54% GRAPHIC SCALE o >o wb (INS'+) 1 inch - 100tt. OWNERS OF 205 DS LLC RECORD: UNIVERSITY MALL, LLC VOL 992, PG, 217 VOL 778, PG. 63 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 0.315 ACRE SOUTH BURLNGTON, VT 05403 5176 ACRFS Leiven / -- —yProperty --- Lk,. Eese 1 U. 0 Light Pole H/d t ® m-hde Ob Coe Vda slgn m Crate ry eoe 0 Conpete Mmumenr Found ® cote uat. O hen Pjoe F d ® Cotoh Bce:N D"1'� ExhrrNq DecNlroue T fxhtNq CanlArwis Tros Sears Auto Service Center L) ( -) - (D IIIffTTTm l o p OI ♦ � 0I ♦0 t N/F I ; Paquette mtopom �M I An UBlty Eesamant utelty e ® A. r o —► DORSET STREET - — — — — — — — — — — — — — — — — — — — — — — ------__—----------------------------- ----- -- ---------------------- - ---------------------- ---- N/F N i N� N/n RW Realty Assoc, i e & i Woo i N/F NW Realty Assoc. I South Burlington I McKenna y I Roberge & Boutin I Wood i Dorset Square Assoc. ' Realty Corp. i l GRAPHIC SCALE (Btu) 1 inch — 30 fL r o 0 O G 0 �9 P� O O 0 0 ' 4 o (DU o off) i o 0 C (D (D a o o0 N/F AMI Burlington Inc. Bomes & Noble i CTekram I N UNIVERSITY OF VERMONT N/F \ PURDY �♦ \, 17 \. EXIST ♦ NOISE TROMBLEY� N/F ♦♦ \ \"•\ \\\ LOADING \ �♦ \`! \\ SHERIDANN/F \\ 7LOADING DRAAYER ♦♦ \ y \\ \\ AREA & YANG. \ \L'� \ /WALSFH �♦ \ �, \\ \ N/F ♦ \ \\ ROBBINS 1 ♦I j ♦� N/FYlu 1 & HUNG \�♦ �_ 1 N/F ♦ 1� `♦♦I COUTURE J N/F JOPPE-MERCURd 11 WALL I N/F i HORIZON HEIGHTS N/F ------------�_ 360 SPEAR � CUPOLA GOLF COURSE INC. —I-Ba SOUTHBOUND -_-L 1-89 NORTHBOUND �1-89 BAS -1 o LOADING C- 19 19 79 HANNAFORD'S ,e 19 19 zo 1 20 1 '.4 24 KOHL'S UNIVERSITY MALL �\ EXISTING MALL STORES 1s GOODS 19 JC PENJEY/""r'o 19 I t9 ou 1 \\ 15 I 340 �76 33 C19 -N�311 (J201 �F-� ♦ \ SHE=ARD 11 25 17 N/FAUE 1 A 1 \a1 OT\\ 39 37 39 39 37 36 3 39 37 2( 40 SAVER W 39 37 8 33 32 21 21 20 3 SEARS 18 13 t7 00� MARCH N/F \\�� 1V AUTO 1► C76 1818 ERVIC 11 is9 CENTE — 11 1818 N/F � \ \ \� 818 DATTILIO \\\ \\ 10 17 --� 3 10 N/F 7 C-MI6 4 i, [71(' N/F14 0j 8 8 DESARNO j 11 , 1 1 1 1 101114 o5 MALL 6 6 \♦ 3 3 ,__♦ 7 * LOADING AREA SEARS ,o r STORE ' 8 I / PARKING STRUCTURE BON —TON I EXIT I ONLY LOADING i AREA t � 6 }} I T e e 88 as 88 T 15 9 II DORSET STREET FN/F N/F i �-- N� �MCKENNAI REALTY IROBOUTIEI� WDDDi N/F I i --------_- ABJ INC. i& ORSET SQUARE ASSOC. I I I I - I ASSOC.A550 I BARNS & I N/F AMI BURLNGNGTON INC. i i NOBLE i TEKRAM PARTNERS N/F I J SOUTH BURLINGTON REALTY CORP. BUR SOUTH BURLINGTON N/F REALTY CORP. RW REALTY ASSOC. GRAPHIC SCALE ( IN FEET ) I inch - IOOtL FUTURE ACCESS `\ APPROVED BY CITY \ BUT NOT CONSTRUCTED\ N/F `\ LARKIN, TARRANT \ & HOEHL W O� 0� b� NEE T GREER N/F /CHAMPLAIN OIL CO. OWNERS OF RECORD, 205 DS LLC UNIVERSITY MALL, LLC VOL. 992, PG. 217 VOL 778, PG. 63 419 BOYLSTON STREET C/O FINARD PROPERTIES, LLC SUITE 300 155 DORSET STREET BOSTON, MA 02116 SOUTH BURLINGTON, VT 05403 DEVELOPMENT REVIEW BOARD 2 MARCH 2O10 The South Burlington Development Review Board held a regular meeting on Tuesday, 2 March 2010, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; E. Knudsen, G. Quimby, R. Farley, B. Stuono Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; R. Provost, M. Young, A. Dreher, C Myers, P. Gordon, M. Goldfield, T. Forcier, T. Scott, R. Berman, S. Bennett 1. Other Business & Announcements: No issues were raised. 2. Minutes of 2 February 2010: Ms. Quimby moved to approve the Minutes of 2 February 2010 as written. Mr. Farley seconded. Motion passed unanimously. 3. Consent Agenda: A. Design Review Application #DR-10-01 of Tyler Dawson for design review approval for exterior modifications to a property within Design District 2 of the City Center Design Review Overlay District. Pursuant to Section 11 of the South Burlington Land Development Regulations, these changes shall be subject to design review by the Design Review Committee (DRC) and the Development Review Board (DRB), 344 Dorset Street. B. Design Review Application #DR-10-03 of TD Bank seeking to obtain a new master signage permit for a property in the Dorset Street/City Center District. The master signage permit would establish the design scheme for the freestanding and wall signs on the property, 205 Dorset Street. Mr. Belair noted that Condition #3 on the draft decision for #A should be deleted. Mr. Dinklage noted that item #B is an "after -the -fact" approval. He asked that the applicant be made aware that this is not acceptable. Mr. Bennett, speaking for the applicant, said they "got ahead of themselves." Ms. Quimby moved to approve the Consent Agenda as presented with the amendment to Application #DR-10-01 as stated above. Mr. Farley seconded. Motion passed unanimously. 4. Site Plan Application #SP-10-10 of Impact Radio, Inc., to install a three- Ci southburlington PLANNING & ZONING March 4, 2010 Daniel S. Clarey Bohler Engineering, LLC 5 Computer Drive, Suite 203 Albeny, VY 12205 Re: Design Review for 205 Dorset Street Dear Mr. Clarey: Enclosed, please find a copy of the Findings of Fact and Decisions of the above referenced projects approved by the South Burlington Development Review Board on March 2, 2010 If you have any questions, please contact me. Sincerely, Jana Beagley Planning and Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com W southl Ilin o xl.. PLANNING & ZONING March 4, 2010 Shrant Bennett PO Box 297 Shelburne, VT 05482 Re: TD Bank — Master Signage Dear Sir or Madam: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburl.com "I '41 "1 V­, wkol soulwa i l : '4e C,:.: VE M0d' Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of -the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). -A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: H��9I�C�l 0�, 9O/O PLEASE PRINT CLEARLY! I-M_\►611 MAILING ADDRESS PROJECT OF INTEREST JAlam oC,J lbiaek S ( . �onyc�vrc t�Y w N�} 'TT-1 a o W. so,gvrll SL0r DevLAICJ 5 ( b U -.Uc UT o rho Z Permit Number DR-t6 - &-/ APPLICATION for MASTER SIGNAGE PERMIT City of South Burlington ALL information requested in this application must be completed in full. If you do not provide all of the requested information with this application form, as well as the . required plans and design information, the City will not schedule a review of the application before the Design Review Committee. Application for: Initial Master Signage Permit after June 3, 2002 Amendment of Master Signage Permit Individual Sign, pursuant to Master Signage Permit #DR - Property & Street Address: 205 Dorset Street, South Burlington, VT Tax parcel ID # (from Tax Assessor or Planning & Zoning): 0570-00205 & 0570-00205 (1) Property Owner of Record (name as shown on deed, mailing address, phone, fax#): P & V, LLC 79 Suburban Square, South Burlington, VT 05403 Howard Bank c/o TD Bank, 380 Wellington Tower B, 12th Flr, Toronto, Ontario, CA N6A454 Applicant, if not Owner (name, mailing address, phone, fax #): TD Bank c/o Bohler Engineering, LLC, 5 Computer Drive, Suite 203, Albany, NY 12205 (518) 438-9900 Office (518) 438-0900 Fax Contact person (name, mailing address, phone, fax #): Daniel S. Claret/ Bohler Engineering, LLC. 5 Computer Drive Suite 203. Albany, NY 1220 518) 438-9900 Office (518) 438-0900 Fax Is the applicant an(e;istin or future tenant of the building? ✓ Yes No Application is seeking approval to: Replace panel on existing free-standing sign and replace existing wall sign on TD Bank ATM kiosk. * * SEE ATTACHED I hereby certify that`all the information requested as p"applicatiosubmitted Ond is accurate to the best of my knowled e r B LL Applit t o3^rv1 >N, Property/Build" ner Peter Jacob, f r/Ma.nager Please do not write below this line DATE OF SUBMISSION: b- I h ye reviewed this application and And it to be complete incomplete Code Officer or Designee Date "Addition to Application for Master Signage Permit Amend Master Signage Permit for 205 Dorset Street, design review no. DR-03-05 dated October 10, 2003 (copy attached); to amend the colors of the signs to strike the color purple and in its place add green (dark green pantone 5535 and light green pantone 361) consistent with the attached images of the proposed sign. WAClients - Current\TD Bank\So BVTSign\attachment to application to Master Signage Permit.wpd CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD PETER JACOB - 205 DORSET STREET DESIGN REVIEW #DR-03-05 FINDINGS OF FACT & DECISION Peter Jacob, hereafter referred to as the applicant, request for approval to replace an existing Master Signage Permit with a new Master Signage Permit, so that future tenants are able to receive sign permits. Specifically, the applicant is seeking approval for the use of three (3) colors that will cover the current tenants of the building. The South Burlington Design Review Committee reviewed the proposal on September 29, 2003. The South Burlington Development Review Board reviewed the proposal on October 7, 2003. Based on testimony given at the above mentioned meetings and on the plans and supporting materials contained in the document file for this application, the Development Review Board finds and decides as follows: FINDINGS OF FACT 1. The applicant is requesting for approval to replace an existing Master Signage Permit with a new Master Signage Permit, so that future tenants are able to receive sign permits. Specifically, the applicant is seeking approval for the use of three (3) colors that will cover the current tenants of the building. 2. Peter and Vilma Jacob are the record owners of the property. The property is identified as Tax Parcel 0570 00205-C. 3. The Master Signage Permit application was reviewed under Section 6 of the South Burlington Sign Ordinance. DESIGN REVIEW CRITERIA In reviewing an application for signage, the Design Review Committee and the Development Review Board shall consider the following: Consistent Design The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The application shows one freestanding sign for the four tenants on the property: Allstate, Banknorth, Vina Hair Magic, and Touchstone Healing. The replacement of the existing A+ Beeper sign panels will bring the sign into conformance with the existing Master Sign Permit, which requires a dark background with light colored letters. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. The application shows four (4) wall signs, which will be in compliance with the existing Master Signage Permit once the A+ Beepers sign is replaced with a sign that has a dark background with light letters. Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. The Design Review Committee and the Development Review Board believe theses signs, once the A+ Beeper sign is replaced, will be of high aesthetic quality. There are no signs proposed on the east wall of the building, along the sidewalk where pedestrian traffic will be present. Therefore, the Design Review Committee and the Development Review Board feel the sign is in keeping with DS/CC Sign District goals. Color & Texture The Design Review Committee and Development Review Board feel the color and texture of the signs are compatible with nearby buildings along Dorset Street. The wall signs on the Banknorth building are compatible with buildings at the University Mall. A maximum of three colors is encouraged. The proposed sign plan includes blue, purple, and red backgrounds, with light colored letters. The Design Review Committee and Development Review Board feel this layout is sufficient to satisfy this requirement. Materials Used The applicant's sign -contractor indicated that both the wall signs and freestanding signs will be internally illuminated electric -cabinet signs with aluminum frames and plastic faces. All of the signs have vinyl or painted graphics. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs. Pursuant to Section 10(b)(1) a wall -mounted sign shall not exceed 5% of the area of the principal public fagade or 100 sq. ft., whichever is smaller. The total principal public facade of the two buildings is 1,000 square feet, of which 50 square feet can be devoted to wall signs. The area of the existing wall signs is 46 square feet, which is in compliance with this requirement. Section 10(b)(2) states that a wall -mounted sign cannot exceed 15% of the area of the fagade to which it is attached. The signs on this property are in conformance with this requirement. Section 10(c) states that a wail -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. Based on the photographs submitted by the applicant, the small TxT rectangular sign on the north wall of the Banknorth building falls below the top of the first floor doorway. However, it is an existing sign that is near the top of the first floor doorway, so the Design Review Committee and Development Review Board feel this location is adequate. The other three (3) existing wall signs are in compliance with this requirement. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. Based on the photographs submitted by the applicant, it appears that the signs will not project over any opening or beyond the top or end of the front facade. Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". The application does not indicate the extent to which the sign will project from the fagade. However, based on the submitted photographs and Staff site visits, this does not appear to be an issue. DECISION ? Motion by �`- vY5! , seconded by G u �� + to approve design review application DR-03-05, conditional upon the following conditions: 9. A Master Signage Permit shall be issued to Peter and Vilma Jacob by the Development Review Board, prior to the issuance of any individual sign permit for the property. 2. The colors of the signs shall include blue, red, and purple backgrounds with light colored letters. 3. Pursuant to Section 20 of the Sign Ordinance, all signs shall be of substantial and sturdy constnrction, kept in good repair, and painted or cleaned as necessary to maintain a clean, safe, and orderly appearance. Chuck Bolton ea nay/abstain/not present Mark Boucher—yea/nay/abstain/ t res John Dinklage/nay/abstain/not present Roger Farley ea nay/abstain/not present Michele KupersmiWenay/abstain/not nay/abstain/not present Larry Kupferman present Gayle Quimby e�nay/abstain/present MOTION CARRIED by a vote of (0, - 0 Signed this Z -0 day of October, 2003, by 1 John Dinklage, Chai REQUIRED DESIGN INFORMATION for INITIAL & AMENDED MASTER SIGNAGE PERMITS ONLY The following information MUST be included with the application and/or shown on an accurate plot plan of the lot. Failure to include this information will delay the review of your application! Please submit five full size and one 11"x17" plot plan drawing. 1. Accurate plot plan of the lot, showing the location of: Buildings Parking lots Driveways Landscaped areas 2. Computation of the maximum area, number and height of signs allowed on the property, by type of sign: Free-standing and/or landscape feature signs (See Section 9 and Section 14) Wall signs (See Section 10) Directory Signs (See Section 11) Incidental and Directional Signs (See Section 12) Area and height of each sign proposed for your property (Initial Master Signage Permits and Master Signage Permit Amendments only) 4. Location, size, date of installation, and status of all non -complying signs on your property. DESIGN PARAMETERS FOR THE MASTER SIGNAGE PERMIT (See Section 8(d) of the Sign Ordinance for details) 5. Color illustrations showing proposed: Shapes Materials Foreground and background color schemes ____ Typeface(s) — Sizes (include a range of sizes if desired) Installations/sign types Description of how one or more of the features above will relate all of the signs to each other visually. Location and specifications of all proposed light fixtures and lighting elements, including cut sheets. 7. Proposed general design`for any incidental and directional signs on the property, other than those with designs prescribed by law. Tr_t11.1 America's Most Convenient SankO February 4, 2009 TO WHOM IT MAY CONCERN: RE: TD Bank, NA Signage Conversion Bohler Engineering has been contracted by TD Bank, NA to facilitate a signage and rebranding conversion project at all current TD Banknorth locations in the New England States. Please accept this letter as authorization to allow Bohler Engineering to act as TD Bank, N.A.'s agent for the purposes of procuring all applicable permits and other municipal approvals required to implement the project as well as obtaining all necessary Landlord approvals of the sign changes as required by the applicable lease and any Landlord signatures needed on the original sign permit application(s). Please contact me directly should you have any questions on this matter directly at (856) 470-3056. Sincerely, TD Bank, NA ?imof4y Bretz Timothy Bretz US Real Estate Integration Project Manager TB/tb TD Bank 17000 Horizon Way Mount Laurel, NJ 08054 [1D Original photograph 8'-2" Site Name: South Burlington - TW117025 Property ID: TW117025 Address: 205 Dorset St City/ST. South Burlington, VT Composite photograph with proposed signage 1'-6" 5 1 /8'I Bank ATM FRONT VIEW SCALE: 1 /2"=1 ' XCUS-T-WS-HORIZ-ATM-18 12.25 sq.ft. Extruded wall cabinet with lexan face. All lights to be fluorescent lamps. Lexan face with graphics applied. PRINCIPAL COLOR - DARK GREEN PANTONE 5535 ACCENT COLOR - LIGHT GREEN PANTONE 361 r6'1 = 3„ 1' 6" Z2 3/4" SIDE VIEW SCALE: 1/2"=1' E04 Elevation Existing Signage: Face -Illuminated Wall Sign Overall: 1'-4 7/8" tall 10'-6 7/8" wide Square Footage: 14.87 sq.ft. Lighting: TBD Transformers: TBD Electrical: TBD Existing Fascia: Material: Wood Condition: TBD SW Fascia Color: TBD Fascia Restoration: Level of Restoration TBD by Actual Site Conditions SPECIAL CONDITIONS Technical survey required. All repair and restoration to be completed prior to wrap application by vinyl vendor. Fascia Repair to be handled by sign vendor. Replacement faces to be handled by sign vendor. REV - 01-21-10 - CM PG-7 V 1D Original photograph 1'-3/4" 9 3/8" CUT V.O HEIGHT HEIGHT 1 1 5/8':- Site Name: South Burlington - TW117025 Property ID: TW117025 Address: 205 Dorset St City/ST: South Burlington, VT a v r�vie TDI Bank ®� 'W411- 1 = Composite photograph with proposed signage 4'-3/8" CUT WIDTH 3'-9 1 /2" 2 1/4" V.O. WIDTH 2 1/4" _1� �_,1 1/2L--4I FRONT VIEW 3/4" = 1' T-XCUS-CRP-TDB-GM-12.75hx48.375w 4.28 sq.ft. 3/16" thick SG 308 Lexan. White diffuser vinyl applied to entire 2nd surface. All other vinyl applied to 1 st surface. White vinyl underlayment applied to entire first surface. E03 Elevation Existing Signage: Multi -Tenant Overall: V-3/4" tall 4'-3/8" wide Square Footage: 4.28 sq.ft. Lighting: TBD Transformers: TBD Electrical: TBD Existing Fascia: Material: TBD Condition: TBD SW Fascia Color: TBD Fascia Restoration: Level of Restoration TBD by Actual Site Conditions SPECIAL CONDITIONS Technical survey required. All repair and restoration to be completed prior to wrap application by vinyl vendor. Fascia Repair to be handled by vinyl vendor. Replacement faces to be handled by vinyl vendor. PRINCIPAL COLOR - DARK GREEN PANTONE 5535 ACCENT COLOR - LIGHT GREEN PANTONE 361 06-19-09 - RB PG-4 southburlin toll VFRM0N!T MEMORANDUM TO: South Burlington Design Review Committee FROM: Cathyann La Rose, AICP, Associate Planner DATE: February 19, 2010 RE: Design Review Application #DR-10-03 COPY TO: Daniel S. Clarey, Bohler Engineering Design Review Application Master Signage Permit DR-10-03 205 Dorset Street TD Bank, hereafter referred to as the applicant, is seeking to obtain a new master signage permit for a property in the Dorset Street/City Center Design District. The master signage permit would establish the design scheme for the freestanding and wall signs on the property, 205 Dorset Street. Pursuant to Section 6 of the City of South Burlington Sign Ordinance, the erection, alteration, or relocation of any sign within this district shall require design review by the South Burlington Design Review Committee (DRC) and Development Review Board (DRB). Section 8 of the Sign Ordinance requires all property owners within the DS/CC Sign District to obtain a Master Signage Permit. This is an after -the -fact application. The proposed design changes have already been instituted on signs that have already been erected, without master sign approval or issuance of a sign Design Review Application DR-10-03 Page 2 of 4 permit. 1. A Master Signage Permit shall be issued to the applicant by the DRB, prior to the issuance of any individual sign permit for the property. DESIGN REVIEW CRITERIA In reviewing an application for signage, the DRC and DRIB shall consider the following: (a) Consistent Design The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. Staff finds that the design of the proposed signs are harmonious with the design of the buildings on the subject property and nearby. The proposed sign package achieves consistency in color, graphic style, lighting, material and proportions. The sign posts are to remain the same, with only a change in the colors permitted. (b) Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. Staff finds that this criterion is being met. The colors, lettering, and design come together to present an aesthetically pleasing sign. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. The sign is pedestrian scaled. (c) Color & Texture A maximum of 3 colors is encouraged. The applicant is proposing that signs be limited to blue, green and red, with white or off-white shades permitted for lettering only. 2. The background colors of the freestanding and wall signs shall be limited to green, red, or blue. Lettering shall be limited to white or off-white shades. 3. No more than two different shades of any one color shall be used in any combination of signs on the property at the same time. The applicant has submitted a color photo showing existing sign posts which they plan to re -use. 4. Sign posts shall be limited to grey or white. 5. Fonts shall be limited to block lettering; script lettering shall not be permitted. (d) Materials Used Pursuant to Section 20 of the Sign Ordinance, all signs shall be of substantial and sturdy Design Review Application DR-10-03 Page 3 of 4 construction, kept in good repair, and painted or cleaned as necessary to maintain a clean, safe, and orderly appearance. As the applicant is proposing to continue the use of pressure -treated wood. All signs shall be kept in a clean, safe and orderly appearance. The applicant should acknowledge this. 6. All signs shall be kept in good repair, landscaping surrounding the freestanding signs shall be kept trimmed and neat and shall not obscure the text of the signs. (e) Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs. Pursuant to Table 10-1 of the Sign Ordinance, a wall -mounted sign for a multi -tenant building or a multi -building lot with a master signage permit in any district with freestanding or landscape sign shall not exceed 15% of the area of the facade to which it is attached or 100 sq. ft., whichever is smaller. Pursuant to Table 10-1 of the Sign Ordinance, the total area of all wall -mounted signs on the subject property shall not exceed 10% of the area of principal public facade of each building. The code officer shall ensure that these criteria are met when issuing individual sign permits for the property. Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. The proposed sign locations will not project above the roof or parapet of the subject building. In addition, the proposed signs will not extend below the top of any first floor doorways or windows. Thus, the proposed signage is in compliance with this requirement. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. The proposed signs are in compliance with this requirement. Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". The proposed signs are in compliance with this requirement. (t) Freestanding Signs Section 9(h) states that free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road Right -of -Way and runs sixteen (16) feet from the edge of the Right of Way toward the building face. In those instances where dimensions do not provide for a two (2) foot setback from the Right -of -Way before a sign support post can be located, it is permitted to erect a centered single pole mounted sign of which the road Design Review Application DR-10-03 Page 4 of 4 side edge of the sign is directly outside the R.O.W. line. The code officer shall ensure compliance with this criterion such that the subject sign shall be within this designated sign corridor. RECOMMENDATION Staff recommends that the Development Review Board approve Design Review Application #DR-10-03 subject to the numbered items included above. AGENDA City of South Burlington Design Review Committee Meeting City Hall Conference Room- l't Floor Monday, February 22, 2010 Regular Meeting Time 7:30 PM 1. Call to order 2. Design Review application #DR-10-01 of Tyler Dawson for design review approval for exterior modifications to a property within Design District 2 of the City Center Design Review Overlay District. Pursuant to Section 11 of the South Burlington Land Development Regulations, these changes shall be subject to design review by the Design Review Committee (DRC) and the Development Review Board (DRB), 344 Dorset Street. 3. Design Review application #DR-10-03 of TD Bank seeking to obtain a new master signage permit for a property in the Dorset Street/City Center Design District. The master signage permit would establish the design scheme for the freestanding and wall signs on the property, 205 Dorset Street. 4. Design Review application #DR-10-02 of Healthy Living for design review approval for exterior modifications to the building (installation of art on exterior wall pursuant to a prior final plat approval). 5. Other Business. Respectfully submitted, thya La Rose, AICP, Associate Planner 64 A"I'l �Wil/ southburlington PLANNING & ZONING August 28, 2008 Heather Tremblay, General Manager University Mall 550 Dorset Street South Burlington, VT 05403 Re: New Tenant — 205 Dorset Street Dear Ms. Tremblay: This is in response to your request of August 25, 2008 seeking approval under your umbrella approval for a new tenant at 205 Dorset Street. The new tenant is "Time for A Change", a retail use which will occupy 1180 sq. ft. previously occupied by Vina's Hair Magic (personal service use). Based on an analysis of the proposed parking demand and traffic generation for the new and existing tenant, the new tenant is hereby approved. Since the new tenant results in a change in use, please note that a zoning permit must be obtained. If you have any questions, please feel free to contact me Y0Sincer. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburi.com F`I NA RD I►TAI:4►VA150 DATE: August 25, 2008 TO: Mr. Ray Belair FROM: Heather Tremblay, General Manager RE: New Tenant, 205 Dorset Street 205 Dorset, LLC requests your approval for a new tenant to occupy 1,180 square feet of the building located at 205 Dorset Street, South Burlington, Vermont. The retail tenant, Time for A Change, will perform watch repairs and sales. The previous tenant was Vina Hair Magic, a hair salon. Please contact me if you have any questions or concerns. 155 Dorset Street South Burlington, VT 05403 802-863-1066 ��' ��rts�T 57- State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 Case Number: WW-4-2160 PIN: EJ04-0238 Landowner: Peter L. Jacob and Vilma C. Jacob Address: 79 Suburban Square South Burlington, VT 05403 This project, consisting of an existing commercial building on a pre existing parcel for a beauty salon with two operators, an insurance office with four employees and a healing arts business with four employees, utilizing municipal water and wastewater services located off Dorset Street in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Environmental Conservation, Water Supply Division — telephone (802) 241-3400, Water Quality Division — telephone (802) 241-3770, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 879-2300, the Department of Health — telephone (802) 863-7221, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Michael Dugan, revised by Stephen Revell (Lincoln Applied Geology), which have been stamped "approved" by the Wastewater Management Division: Project: "Janes & Jacob Building". Plans: Site Plan& General Information; L.1; Dated 8/1/94; Last revised 6/04. 3. The project shall not deviate from the approved plans in a manner that would change or affect the exterior water supply or wastewater disposal systems, building location or the approved use of the building, without prior review and written approval from the Wastewater Management Division. 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. Wastewater System and Potable Water Supply Permit WW-4-2160 Peter L. Jacob and Vilma C. Jacob Page 2 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. WATER SUPPLY & WASTEWATER DISPOSAL 7. The project is approved for water supply by the municipal water system as depicted on the approved plans. The project is approved for a maximum of 590 gallons of water per day. The Wastewater Management Division shall allow no other method, or location of obtaining potable water without prior review and approval. 8. The project is approved for wastewater disposal by the municipal wastewater treatment facility as depicted on the approved plans. The project is approved for a maximum of 590 gallons of wastewater per day. The Wastewater Management Division shall allow no other method, or location of wastewater disposal without prior review and approval. Dated at Essex Junction, Vermont on July 19, 2004. Jeffrey Wennberg, Commissioner Department of Environmental Conservation BY A& fA- illiam Zakffoski Assistant Regional Engineer C For the Record City of South Burlington Planning Commission & Select Board Lincoln Applied Geology Department of Labor & Industry AGENCY OF NATI IRAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) http://www.anr{ te.vt.us/dec/ead/pa/index.htnn / httpf iw.state.vt.us/envboard/ PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW: _ RESPONSE DATE: �-' PENDING APPLICATION'#: ti1J— -1-91&U DISTRICT: TOWN: ►�\ 8 PIN OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: (Name) a t- wig Co (Name) (Address) (Address) (Town) (State) (Zip) (3 L.l I (Town) (State) (Zip) (Telephone) - &.a- q4 ( (Telephone) Project Name: Based on a written or oral request or information provided by i kA­\ " t1 received on & -9 3-, y, a project was reviewed on a tract/tracts of land of (2. 31 acres, located on j05 S The project is generally described as: (� s,4 Ci��w.c c�� iY. C -rc �z.' b1t..� �S ; I aK Sa toy-, a ,8_ j-� S tu'c : i 11 Prior permits from this office: PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION ® I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A. Chapter 151 (Act 250) over the project described above. ❑ Landowner/Agent ❑ Permit Specialist ❑ Other Person 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. §6007(C)). (#47) -- Project: Vcommercial ❑ Residential ❑ Municipal Has the landowner subdivided before? ❑ Yes ❑ No When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: ❑ Yes fro Copies sent to Statutory Parties: ❑ Yes No BASIS FOR DECISION SIGNATURE: % G DATE: 10-kADDRESS: District # Environmental Commission District Coordinator Telephone: WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED?,Yes ❑ No Wastewater System and Potable Water Supply Permit (#1 & #2)** ❑ Notice of Permit Requirements (deferral language ) (#2) ❑ Floor Drains (#1.2) ❑ Campgrounds (#3) ❑ Extension of sewer lines (#5) REGIONAL ENGINEER ASSIGNED: \I.j�1 b SIGNATURE: DATE: 5- ADDRESS: Dept. of Environmental Conservation Environmental WsisWce Division, Permit Specialist Telephone: ❑ Wastewater Management Division, Telephone: OVER »»»»»»» **NOTE: NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS IN THE VERMONT PERMIT HANDBOOK http_//www.anr.state.vt.us/dec/permit hb/index.htm THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMMTS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CO :UCTION. PLEASE CONTACT THE DEPAF( :NTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-41-3822) Contact: ❑ Discharge Permits: pretreatment; industrial, municipal (#71, 7_2, & 8) ❑ Indirect Discharge Permits (#9 & 9_1) ❑ Residuals Management (#10) 4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) Contact: ❑ Construction/modification of source (#14) ❑ Open Burning (#18) ❑ Wood Chip Burners (>90 HP) (#14) ❑ Furnace Boiler Conversion/Installation (#14) ❑ Industrial Process Air Emissions (#14) ❑ Diesel Engines (>450 bHP) (#14) 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800-823-8500 in VT) Contact: ❑ New Hydrants (#22) ❑ >500' waterline construction (#22) ❑ Community Water System (CWS) ❑ Bottled Water (#20) ❑ Operating permit (#21) ❑ Transient Non -Community water system (TNC) (#21) 0 Capacity Review for Non -transient non -community water systems (NTNC) (#21) 6. WATER QUALITY DIVISION, ANR STORMWATER PERMITS (Hotline 802-241-4320) (#6 — 6_5 ) Contact: Contact: Stephanie Lanphear 802-241-4320 ❑ River Management (241-3770) ❑ Ponds (#32.1) ❑ Construction General Permits >1 AC of disturbance (#6.1) ❑ Shoreland Encroachment (241-3777) Steve Hanna (#28) ❑ Stormwater from new development or redevelopment sites (#6.2 & 6_3) ❑ Wetlands (241-3770) (#29) j ElMulti-SectorGeneral Permit (MSGP) industrial activities w/ SIC codes (#6.4) ❑ Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures (751-0129 / 879-5631 / 786-5906 427 & 32) 7 WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous Waste Handler site ID (241-3888) (#36) ❑ Underground Storage Tanks (241-3888) (#33) ❑ Lined landfills; transfer stations, recycling facilities drop off (241-3444) (#37,39,40) ❑ Asbestos Disposal (241-3444) 'J?r-Disposal of inert waste, untreated wood & stumps (241-3444) (#41 & 44) ❑ Composting Facilities (241-3444) (#43) u Waste oil burning (241-388.8) ❑ Waste transporter permit (#35) ❑ Used septic system components/stone (#41) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: _ ❑ Dam operations (greater than 500,000 cu. ft.) (241-3451) (#45) ❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) #46) Contact: SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: Judy Mirro/John Daly 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) Contact : ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) (#47.4) ❑ Stream Obstruction Approval (#47.5) DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office Contact: 125-eonstruction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50.1. 50.2) ❑ Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Plumbing in residences served by public water/sewer with 10 or more customers (#50.2) ❑ Boilers and pressure vessels (#50.3) 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53.1) ❑ Program for asbestos control & lead certification (#54, 55, 55.1) ❑ Children's camps ❑Hot Tub Installation & Inspection — Commercial #( 51.1) 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) ❑ Residential care homes (241-2345) (Dept. of Aging & Disabilities) #59) ❑ Nursing Homes (241-2345) (#59) ❑ Assisted Living and Therapeutic Community Residences (241-2345) (#59) 14. AGENCY OF TRANSPORTATION . ❑ Access to state highways (residential, commercial) (828-2653) (#65) ❑ Signs (Travel Information Council) (828-2651) (#63) ❑ Development within 500' of a limited access highway (828-2653) (#61) ❑ Construction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) (#66) Contact: ❑ Junkyards (828-2053) (#62) ❑ Railroad crossings (828-2710) (#64) ❑ Airports and landing strips (828-2833) (#65) ❑ Motor vehicle dealer license (828-2067) (#68) 15. DEPARTMENT OF AGRICULTURE (800-675-9873) Contact: ❑ Use/sale of Pesticides (828-3478) (#72, 73, 74, 75, 76, 77, 78) ❑ Slaughter houses, poultry processing (828-2426) (#81) ❑ Milk Processing Facilities (828-3428) (483, 83.1, 85, 87) ❑ Animal shelters/pet merchant/livestock dealers (828-2421) #89, 89.1)- ❑ Golf Courses (828-3478) (#71) ❑ Weights and measures, Gas Pumps, Scales (828-2436) #88) ❑ Green Houses/Nurseries (828-3481) (#79) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) (#75.1, 80,. 16 VERMONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 ❑ VT Building Energy Standards (#47.2) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47.1 & 101) ❑ Archeological Sites (#47.1 & 101) 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) ❑ Business Registration (#90.1) ❑ Professional Boards (1-800-439-8683) (#90.2) 20. DEPARTMENT OF TAXES (802-828-2551 & 828-5787) ❑ Income & business taxes (sales, meals/ rooms, etc) (#91, 92, 23, 24, 95. 96) DEPARTMENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes; Commercial Vehicle (#69-70) LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, 98, & 99) 24. OTHER: Sections #3424 above have been completed by Permit Specialist Jeff McMahon Date: I may be reached at 802-879-5676 Copies have been mailed to: Revised 3/04 State of Vermont A10-- AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VOICE 1-800-253-0195 VOICE>TDD June 24, 2004 Peter & Vilma Jacob 79 Suburban Square South Burlington VT 05403 Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 RE: WW-4-2160, converted 4 bedroom single family residence to a beauty salon with 2 operators, insurance office with 4 employees and a healing arts with 4 employees located on Dorset Street in the City of South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on June 23, 2004, including a fee of $252.00 paid by check #4380. Under the performance standards for this program, we have a maximum of 45 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office. Please submit water and sewer allocation letters from the municipality saying they are existing connections. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management t Ernestine Chevrier Regional Office Coordinator cc: City of South Burlington Stephen Revell Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury TO: South 'Burlington resign Review Committee FROM: Brian Robertson, Associate Planner DATE. September 10, 2003 COPY TO: Peter Jacob, Applicant Master Signage Permit DR-03-05 205 Dorset Street The applicant submitted a request for approval to replace an existing Master Signage Permit with a new Master Signage Permit on July 25, 2008, so that future tenants are able to receive sign permits. Specifically, the applicant is proposing to replace the A+ Beeper signs with signs for Touchstone Healing Arts and/or other tenants. The subject property is identified as tax parcel ID #0570-00205-C and is located at 205 Dorset Street in the Dorset Street/City Center Sign District (DS/CC Sign District). Pursuant to Section 6 of the City of South Burlington Sign Ordinance, the erection, alteration, or relocation of any sign within this district shall require design review by the South Burlington Design Review Committee (DRC) and Development Review Board (DRB). Section 8 of the Sign Ordinance requires all property owners within the DSICC Sign District to obtain a Master Signage Permit prior to the issuance of any individual sign permit for the subject property. Section 8(e)(1) requires that the property owner of record be the primary permitee of a Master Signage Permit. The record owner of the property is Peter and Vilma Jacob. 1. A Master Signage Permit must be issued to Peter and Vilma Jacob by the DRB, prior to the issuance of any individual sign permit for the property. Pursuant to Section 8 of the Sign Ordinance, a Master Signage Permit shall establish consistent design parameters for the property to ensure that all signage is in accordance with goals of the DS/CC Sign District. The Master Signage Permit shall specify size ranges and the graphic elements to be used to relate multiple signs to one another. The current application consists of a request for four (4) wall -mounted signs, two (2) on each building, and one (1) freestanding sign. z015 Dorset Street Design Review Application DR-03-05 DRC September 29, 2003 Page 2 of 3 0 DESIGN REVIEW CRITE. JA In reviewing an application for signage, the DRC and DRB shall consider the following: Consistent Design The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The application shows one freestanding sign for the four tenants on the property: Rushford Family Chiropractic Center, Allstate, Banknorth, and the future tenant (Touchstone Healing). The replacement of the A+ Beepers sign with the Touchstone Healing sign will bring the sign into conformance with the existing Master Sign Permit, which requires dark green or dark blue background with light colored letters. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. The application shows four (4) wall signs, which will be in compliance with the existing Master Signage Permit once the A+ Beepers sign is replaced with the Touchstone Healing sign, which will have a dark background with light letters. Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. Staff believes theses signs, once the A+ Beeper sign is replaced, will be of high aesthetic quality. There are no signs proposed on the east wall of the building, along the sidewalk where pedestrian traffic will be present. Therefore, Staff feels the sign is in keeping with DS/CC Sign District goals. Color & Texture Staff feels the color and texture of the signs are compatible with nearby buildings along Dorset Street. The wall signs on the Banknorth building are compatible with buildings at the University Mail. A maximum of three -colors is encouraged. The proposed sign plan includes dark blue and dark green backgrounds, with light colored letters. Staff feels this layout is sufficient to satisfy this requirement. 2. The colors of the signs shall include dark blue or dark green backgrounds with light colored letters. Materials Used The applicant's sign -contractor indicated that both the wall signs and freestanding signs will be internally illuminated electric -cabinet signs with aluminum frames and plastic faces. All of the signs have vinyl or painted graphics. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs. Pursuant to Section 10(b)(1) a wall -mounted sign shall not exceed 5% of the area of the principal public faqade or 100 sq. ft., whichever is smaller. The total principal public facade of 205 Dorset Street Design Review Application DR-03-05 DRC September 29, 2003 Page 3 of 3 the two buildings is 1,000 square feet, of which 50 square feet can be devoted to wall signs. The area of the existing wall signs is 46 square feet, which is in compliance with this requirement. Section 10(b)(2) states that a wall -mounted sign cannot exceed 15% of the area of the fagade to which it is attached. The signs on this property are in conformance with this requirement. Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. Based on the photographs submitted by the applicant, the small VxT rectangular sign on the north wall of the Banknorth building falls below the top of the first floor doorway. However, it is an existing sign that is near the top of the first floor doorway, so staff feels this location is adequate. The other three (3) existing wall signs are in compliance with this requirement. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. Based on the photographs submitted by the applicant, it appears that the signs will not project over any opening or beyond the top or end of the front facade. Section 10(g) stipulates that a wail -mounted sign shall not project from the wall in excess of 9". The application does not indicate the extent to which the sign will project from the fagade. However, based on the submitted photographs and Staff site visits, this does not appear to be an issue. 3. The plans shall be revised to indicate the extent to which the sign will project from the fagade, in inches. 4. Pursuant 'to Section 20, all signs shall be of substantial and sturdy construction, kept in good repair, and painted or cleaned as necessary to maintain a clean, safe, and orderly appearance. RECOMMENDATION Staff recommends that the Design Review Committee approve the Master Signage Permit conditional upon the applicant addressing the numbered items above. City of South Burlington Design Review Committee Meet$ g city Hall Conference Room 575 !Dorset Street 1. Call to order. Z'ntroductions.Attendance. Additions to/deletions from the Agenda. 2. Master Signore Permit #DR-03-05 - Peter Tacob, Applicant. The applicant is requesting approval for a :master signage permit at 205 Dorset Street, to allow future tenants to receive sign permits Specifically, the applicant is proposing to replace the signs for A+ Beepers with signs for Touchstone Healing Arts and✓'or other tenants 3. Other Business 4. Adjournment, ,Respectfully su%mitte-� Brian Robertson, Associate Planner II)OKTH t'viga, F(z7CE STAN&) � E ( CIA) Dv -Fpf t44,��, A -�rPm 6 0 1 L ON 6'- -0 0'-7*;,y �4 X�� West wall; two 4' x 4' interior -illuminated signs with wood frames and acrylic faces. Clark backgrounds with light color letters. cU T- Window graphic on glass entry door CITY OF SOUTH BUI3LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 20, 2003 Peter Jacob 79 Suburban Square S. Burlington, VT 05403 Re: Design Review Application #DR-03-05 Dear Mr. Jacob: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 10/7/03 (effective 10/10/03). Please note the conditions. If you have any questions, please contact me. Sincerely, 0 Brian Robertson, Associate Planner Encl. MEMORANDUM TO: South Burlington Development Review Board FROM: Brian Robertson, Associate Planner DATE: October 3, 2003 COPY TO: Peter Jacob, Applicant Master Signage Permit DR-03-05 205 Dorset Street The applicant submitted a request for approval to replace an existing Master Signage Permit with a new Master Signage Permit on July 25, 2003, so that future tenants are able to receive sign permits. Specifically, the applicant is proposing to replace the A+ Beeper signs with signs for Touchstone Healing Arts and/or other tenants. The subject property is identified as tax parcel ID #0570-00205-C and is located at 205 Dorset Street in the Dorset Street/City Center Sign District (DS/CC Sign District). Pursuant to Section 6 of the City of South Burlington Sign Ordinance, the erection, alteration, or relocation of any sign within this district shall require design review by the South Burlington Design Review Committee (DRC) and Development Review Board (DRB). Section 8 of the Sign Ordinance requires all property owners within the DS/CC Sign District to obtain a Master Signage Permit prior to the issuance of any individual sign permit for the subject property. Section 8(e)(1) requires that the property owner of record be the primary permitee of a Master Signage Permit. The record owner of the property is Peter and Vilma Jacob. I- A Master Signage Permit shallt be issued to Peter and Vilma Jacob by the DRB, prior to the issuance of any individual sign permit for the property. Pursuant to Section 8 of the Sign Ordinance, a Master Signage Permit shall establish consistent design parameters for the property to ensure that all signage is in accordance with goals of the DS/CC Sign District. The Master Signage Permit shall specify size ranges and the graphic elements to be used to relate multiple signs to one another. The current application consists of a request for four (4) wall -mounted signs, two (2) on each building, and one (1) freestanding sign. 205 Dorset Street Design Review Application DR-03-05 DRB October 7, 2003 Page 2 of 3 DESIGN REVIEW CRITERIA In reviewing an application for signage, the DRC and DRB shall consider the following Consistent Design The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The application shows one freestanding sign for the four tenants on the property: Rushford Family Chiropractic Center, Allstate, Banknorth, and the future tenant (Touchstone Healing). The replacement of the A+ Beepers sign with the Touchstone Healing sign will bring the sign into conformance with the existing Master Sign Permit, which requires dark green or dark blue background with light colored letters. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. The application shows four (4) wall signs, which will be in compliance with the existing Master Signage Permit once the A+ Beepers sign is replaced with the Touchstone Healing sign, which will have a dark background with light letters. Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. Staff believes theses signs, once the A+ Beeper sign is replaced, will be of high aesthetic quality. There are no signs proposed on the east wall of the building, along the sidewalk where pedestrian traffic will be present. Therefore, Staff feels the sign is in keeping with DS/CC Sign District goals. Color & Texture Staff feels the color and texture of the signs are compatible with nearby buildings along Dorset Street. The wall signs on the Banknorth building are compatible with buildings at the University Mall. A maximum of three colors is encouraged. The proposed sign plan includes dark blue and dark green backgrounds, with light colored letters. Staff feels this layout is sufficient to satisfy this requirement. 2. The colors of the signs shall include blue, red, and purple backgrounds with light colored letters. Materials Used The applicant's sign -contractor indicated that both the wall signs and freestanding signs will be internally illuminated electric -cabinet signs with aluminum frames and plastic faces. All of the signs have vinyl or painted graphics. The signposts are pressure -treated wood with gray color and texture to match the exterior of the building. Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs. Pursuant to Section 10(b)(1) a wall -mounted sign shall not exceed 5% of the area of the principal public facade or 100 sq. ft., whichever is smaller. The total principal public facade of 205 Dorset Street Design Review Application DR-03-05 DRB October 7, 2003 Page 3of3 the two buildings is 1,000 square feet, of which 50 square feet can be devoted to wall signs. The area of the existing wall signs is 46 square feet, which is in compliance with this requirement. Section 10(b)(2) states that a wall -mounted sign cannot exceed 15% of the area of the fagade to which it is attached. The signs on this property are in conformance with this requirement. Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. Based on the photographs submitted by the applicant, the small 1'x3' rectangular sign on the north wall of the Banknorth building falls below the top of the first floor doorway. However, it is an existing sign that is near the top of the first floor doorway, so staff feels this location is adequate. The other three (3) existing wall signs are in compliance with this requirement. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. Based on the photographs submitted by the applicant, it appears that the signs will not project over any opening or beyond the top or end of the front facade. Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". The application does not indicate the extent to which the sign will project from the facade. However, based on the submitted photographs and Staff site visits, this does not appear to be an issue. 3. 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If you do not provide all of the requested information with tl-ds application foram, as well as the required plans and design informaticm, the City will not schedule a. review of the appli-cation before the Design Rexiew Corarnittee, 7 Application for: X Initial Master Signage Permit after June 3, 2002 Aniendment of Master Signage Permit Individual Sign, putrsuant to Master Signage Permit #DR-_ Property & Street Address,:ZO-S J7-K�7-- Tax parcel ID # (from Tax Assessor or Plannin.1- & Zoning): of Record (name as shown on deed, mailirig address, phpe, fax#):_ Applicant, if not Owner (name., mailing addre-,5, phone, fax #): Coritact person (naive, maiRngaddress, phone, fax fl: is the applicant an existing or future tenant of the building? --Yes - �f No tion is seeking approval to: RE I hereby certify that all the informatioia requested as part of this application has been submitted and is accurate to the best of my knowledge. C- Applicant Pe� e t � � t - I � VN Vor � i-v­ C. C) � Property/B-cifiding Owner Please do not write below LhAQ line DATE OF SUBMISSION: I have reviewed this application and find it to be = complete incomplete Code Officer or Designee Date C (" MASTER SIGNAGE PERMIT 205 DORSET STREET Applicants and Property Owners: Peter and Vilma Jacob 79 Suburban Square South Burlington, VT 05403 802-862-8718 Prepared by: John Floyd Design Signs, Inc. 644 Blair Park Road PO Box 1048 Williston, VT 05495 802-872-9906 The following Master Signage Permit is to replace an existing Master Permit and is submitted in anticipation of replacing signs identifying A+ Beepers with signs for Touchstone Healing Arts and/or other tenants 1.) Freestanding Signs a.) Computation of maximum allowable size: "A free-standing sign which is located on a lot of less than 40,000 square feet shall not exceed thirty-two (32) square feet in sign area" [Section 9(d)(2) South Burlington Sign Ordinance]. "The maximum height of a free- standing sign shall be fifteen (15) feet [Section 9(d)(4)]. The sign now in place is 32 square feet, 12 feet high. b.) Design Standards: The freestanding sign cabinet is an internally illuminated aluminum frame, with acrylic faces. 62.5% of the sign faces in use at this time comply with the standards of the existing Master Permit, with dark blue or dark green background and light colored letters. With the replacement of A+ Beepers sign faces, all sign faces will be in compliance with this Master Permit and Section 21(e) of the Sign Ordinance. The signposts are natural wood, with gray color and texture to match the building exterior. The sign base is landscaped with attractive plantings and wood mulch. The design of the sign faces is consistent with City Center goals, with graphics that are pedestrian oriented and aesthetically pleasing. The dark green background is complimentary to the landscaping, while the dark blue backgrounds are both a natural color and the standard used for the particular tenants' logos (Allstate nationally and Banknorth regionally). 2.) Wall Signs a.) Computation of maximurh allowable size: "...the total area of all wall signs shall not exceed five percent (5%) of the area of the principal public fagade of the building or one hundred (100) square feet, whichever is smaller" [Section I0(b)(1)]. On the main building, the principal public fagade is 14' x 60', or 840 square feet. On the ATM building, the principal public fagade is 8' x 20', or 160 square feet. The total principal public fagade of 1,000 square feet yields a 50 square feet total area of all wall signs. There are four wall signs currently in place. Two internally illuminated cabinets on the west wall of the main building are each 4' x 4', or 16 square feet, for a total of 32 square feet. The sign with individually internally illuminated letters on the south side of the ATM building is 1' x I F, or 11 square feet. One 1' x 3' rectangular painted sign panel on the north side of the ATM building is 3 square feet. The total of all existing wall signs is 46 square feet. b.) Design Standards: 1.) Main Building wall signs. One of the two signs is shared by two tenants, one of which has a dark green background and the other a blue background. When the A+ Beepers sign is replaced, the Touchstone Healing Arts sign will have a dark background and light letters, in compliance with this Master Plan and Section 21(e) of the Sign Ordinance. The design of the sign faces is consistent with this Master Sign Permit and City Center goals, with graphics that are pedestrian oriented and aesthetically pleasing. The dark green background is complimentary to the landscaping, while the dark blue backgrounds are both a natural color and the standard used by Allstate nationally. 2.) ATM Building wall signs. These signs, for Banknorth, are not affected by any anticipated changes. They are permitted signs, complying with all regulations. They are in compliance with City Center goals, with consistent color and graphic style, and are compatible and harmonious with the design of buildings nearby (the exterior signs at University Mall, across the shared parking lot, are also individual internally illuminated letters). The plain painted "ATM" sign on the north side of the building, measuring 1' x 3', is as small as reasonably possible to allow effective communication of its message. 3.) Directory Signs, Incidental and Directional Signs. No such signs are on the property, and none are anticipated. 4.) Design Parameters The Banlmorth ATM building is recognized as a separate entity, relating more to the University Mall, while the main building relates more to Dorset Street. The use of individually illuminated channel letters is therefore appropriate on the ATM building. Individual letters do not fall in the parameters for the main building. Replacement main building signs should be square or rectangular acrylic or polycarbonate panels, with dark backgrounds of natural colors (green, blue, maroon, purple, etc,) and light colored letters. When tenants have both freestanding and wall signs, the graphic design will be as alike as sizes allow. No new wall or freestanding signs are anticipated. Window signs must "not exceed 25% of the total window area to which the sign is attached" [Section 18(h)]. Window graphics should be in the same colors and formats as the freestanding and wall signs for the same tenants. When window signs with background panels are used, they should be square or rectangular panels, with dark backgrounds of natural colors (green, blue, maroon, purple, etc,) and light colored letters. Because window signs with no background can be less obtrusive, white and off-white letters will be acceptable. ATTACHMENTS: 1.) Plot plan, indicating the location of all signs 2.) Photos of building facades and signs 3.) Color illustrations of existing signs. i CITY OF SOUTH BURLINGTOINT DEPAIRTMENT OF PIANNE14G & ZONING 575 EORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 31, 2003 Peter L. Jacob 79 Suburban Square South Burlington, ail' 05403 Re: Umbrella Approval — 205 Dorset Street Dear Mr. Jacob: Enclosed, please find a copy of the Findings of Pact and Decision of the above referenced project approved by the South Burlington Development Review Board on 7/29/03 (effective 7/29/03). Please note the conditions of approval, including that a zoning permit shall be obtained within six (6) months of this decision or this approval is null and void. If you have any questions, please contact me. Sincerely, Brian Robertson, Associate Planner Encl. CI i r OFSO i BUKLiN%T ON DEPAR T ►VICIV I OF PLAN' `fvl�ir'i7 a 4Ofvifvv^ DEVELOPMENT REVIEW BOARD Report preparation date: July 23, 2003 \drb\.sit\peterJacob\siteplan.doc Plans received: May 19, 2003 PETER JACOBS — 205 DORSET STREET SITE PLAN APPLICATION #SP-03-24 Agenda # 5 Meeting date: July 29, 2003 Owner Applicant Peter L. & Vilma C. Jacob Peter L. Jacob 79 Suburban Square 79 Suburban Square S. Burlington, VT 05403 S. Burlington, VT 04503 Engineer Property Information Michael Dugan, AIA Tax Parcel 0570-00205 C 26 Pinecrest Drive Volume 211, Pages 406-407 Essex Junction, VT 05452 C1 District 0.31 Acres Location Map A Subject Properly ' O N D a N .. CD Ir * ' " University Mall Southerly Entrance/Exit , a CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\peter iacoMsiteplan.doc Peter L. Jacob, hereafter referred to as the applicant, is requesting site plan approval to amend a previously approved plan for a 4,000 square foot mixed -use building consisting of the following uses: medical office; general office; and retail use. The amendment is for an umbrella approval for the following additional uses: personal or business service, principle use; photocopy and printing shops, with accessory retail; retail and retail services, excluding general merchandise stores; financial institution; and personal instruction facility, at 205 Dorset Street. The subject property contains 0.31 acres and is located in the Commercial (Cl) District. Associate Planner Brian Robertson, referred to herein as Staff, has reviewed the plans submitted on May 19, 2003 and has the following comments. Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements C1 Zoning District Required Proposed Min. Lot Size 40,000 SF unchanged Max. Building Coverage 40% unchanged Max. Overall Coverage 70% unchanged Max. Front Yard Coverage 30% unchanged Min. Front Setback 30 ft. unchanged �l Min. Side Setback 10 ft. unchanged Min. Rear Setback 30 ft. unchanged Max. Building Height 40 ft. unchanged zoning compliance A preexisting noncompliance Required Findings for Umbrella Approval To make positive findings for an umbrella permit pursuant to Section 3.09 of the South Burlington Land Development Regulations, the Development Review Board must determine that: 1. Such uses are compatible in normal manner of operation, including types of traffic generated; hours of use; lack of excessive noise, dust, odor, or other objectionable element; and any other relevant aspect of operation. 2. Such uses can suitably share common facilities, such as parking and outside storage areas, within the requirements of these regulations for any lot. The DRB must then establish the following limits for the site: 1. P.M. peak hour trip ends 2. Number of required parking spaces 3. Gross floor area dedicated to any one use 4. Number of restaurant or retail food establishment seats CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\peterJacob\siteplan. doc Request for Umbrella Approval The applicant is seeking umbrella approval pursuant to Section 3.09 of the South Burlington Land Development Regulations for multiple uses. Currently, the applicant has approval for the following permitted uses: 1. Medical office 2. General Office 3. Retail uses The applicant is requesting that the following additional permitted uses be added to their umbrella approval: 1. Personal or business service, principle use 2. Photocopy and printing shops, with accessory structure 3. Retail and retail services, excluding general merchandise stores 4. Financial institution 5. Personal instruction facility General: The first finding the South Burlington Development Review Board (DRB) must make is on the compatibility of the proposed uses. The site is located in the C1 District and is surrounded by other mixed -use buildings, including professional and office buildings. The site is located on the corner of Dorset Street and the University Mall Southerly Entrance/Exit, which is served by a traffic light. Access to the site is provided off of the University Mall Southerly Entrance/Exit, so traffic on Dorset Street should not be a major concern with the proposed uses. Parking and Trip Generation: The tables below show the P.M_ peak hour trips generated per 1,000 square feet of floor area and the City's required parking for each proposed use if the entire GFA of the building is dedicated to a single use: Table 1. Permitted Uses (proposed and current) P.M. Peak Trips/1,000 GFA Maximum for Site Personal or business service, principle use 4.35 _ 18 Photocopy and printing shops, with accessory structure 2.59 11 Retail and retail services, excluding general merchandise stores 2.59 11 Financial institution 4.35 18 Personal instruction facility Medical office 4.35 18 General Office 1.49 6 Retail uses 2.59 11 Table 2. Permitted Uses (proposed and current) Parking Requirement (per 1,000 sq. ft.) Maximum for Site Personal or business service, principle use 4 16 Photocopy and printing shops, with accessory structure 5 20 Retail and retail services, excluding general merchandise stores 4 16 Financial institution 3.6 15 Personal instruction facility 2/employee 2/employee CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\peter) acob\siteplan. doc Medical office 5 20 General Office 3.5 15 Retail uses 4 16 Trip Generation There are three (3) maximum trip generating uses included in this umbrella approval; two (2) are proposed uses and one (1) is an existing use. These maximum trip generating uses are: personal or business service, principle use; financial institution; and medical office. If any of these uses occupied the entire building, the maximum P.M. peak hour trip generation would be 18 trips. The previous approval for this site was for 18.36 P.M. peak hour trip ends. Parkin The site currently has 24 parking spaces (21 plus 3 handicapped). The maximum number of parking spaces required for the most intensive use proposed for the building would be 20, so parking should not be an issue for any of the proposed uses under this umbrella approval. The previously approved calculated parking spaces fro this property was 20. Site Plan Criteria Access/Circulation: Pedestrian and vehicular access will vary depending on the actual usage of the building. The maximum trip generating uses proposed under this application would produce 18 P.M. peak hour trips. The entrance to this property is off of the University Mall Southerly Entrance/Exit, which is served by a traffic light, so access issues on Dorset Street should not be of major concern. Coverage/Setbacks: The existing building coverage for this property is 20.2% (maximum allowed is 40%). The overall coverage for the property is currently 87.5% (maximum allowed is 70%). This coverage violation is a preexisting noncompliance. There will be no additional increase in overall coverage resulting from this proposed approval. Front yard coverage will not be changed through this proposed approval. Setbacks will remain unchanged as well. Parking: This property currently provides 24 parking spaces, including 3 handicapped spaces. This meets the current parking requirements. While the demand for parking spaces will depend on the actual use, the maximum number of parking spaces required for the most intensive use proposed for the building would be 20. So, the parking currently available should be sufficient for any of the uses proposed through this application. (1) The plan shall be revised to show a bicycle rack. Landscaping: Landscaping on the property will not change through this proposal application. Wetlands: Wetlands are not an issue with this proposal application. Lighting: Currently, there is a floodlight on the northwest section of the building. Floodlights are not allowed in any district in South Burlington. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sit\peterJacob\siteplan.doc (2) The floodlight shall be replaced with one of the "acceptable lighting fixtures" shown in Appendix D of the South Burlington Land Development Regulations before issuance of a Certificate of Occupancy. Dumpster: The dumpster requirements are not relevant to this proposal. Traffic: The maximum trip generating uses proposed under this application would produce 18 P.M. peak hour trips, which should be sufficiently served through the current access of the site. The University Mall Southerly Entrance/Exit, where the property access is located, and Dorset Street are served by traffic lights. Staff recommends that the South Burlington Development Review Board approve the following uses for the Umbrella Approval of #SP-03-24, conditional upon the numbered items in the above "Comment Section": 1. Personal or business service, principle use 2. Photocopy and printing shops, with accessory structure 3. Retail and retail services, excluding general merchandise stores 4. Financial institution 5. Personal instruction facility 6. Medical office 7. General Office 8. Retail uses All of these uses seem to be compatible with one another, are permitted in the C1 District, and are in character with the surrounding area. A maximum of 18 P.M. peak hour trips are approved, which matches up with the previously approves P.M. peak hour trips for the site. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Peter Jacob CITY OF SOUTH BUELITINGTON DEPL'.1Y T!"AEl', i1 OF PLA�, 1'J11J.' G 'a ZYJl`7.1L q 575 DORSET STREET SO'= BURLINGTOi 1, TER O-NT 05403 (802) 846-4106 FAX (802) 846-4101 Permit -i\fui-nberSP- APPLICATION FOR SITE PLAN REVIEW All information requested on this application .oust be completed in full. Failure to provide the requested information zither on this application form or on the site plan will result in your application being rejected and a delay in the re�riew before the Development Review Board. l) Obi i UR OF RECORD (Naive as sholAm on deed, mailing address, phone and fax #) PETER L & VILMA C. JACOB, 79 Suburban Sq., So. Burlington, VT. 05403 2) LOCATION OF L1,ST RECORDED Alfi��('9,4n?efa--gg-e #) � � �� �- -Z 3) APPLiCA7*TT (?Name, mailing address, phone and fax #) Peter T. Janoh, 79 Suburban S — So- Rurl incitnn_, VT_ nli4n'� 86 2$718 4) CONTACT PERSON (Name, mailing -address, phone and fax #) Peter L Jacob as above 5) PROJECT STRE;✓T AI-1DRES;:-205 Derset Street i) TAX PARCEL TD # 'can be obtained at Assessor's Office) 1 S n n A M (1n 7) PROJECT DESCRIPTION a1 Existing Uses on Property (including description and size of each separate use) 8 e--ai -€ i ee :2() Sly 1180 SF retail, 2100 SF Medical office b) Proposed Uses on property (include description and size of each new use and existing uses to remain) 2100 SF medical office o he vacated -,no tenant , 1180 SF vacated retail no tenant, 720 gen office no change. NEED BLANKET APPROVAL c) Total. 'building square footage on property (proposed buildings and existing'ouildings to remain) 4000 SF�Y;+3•�'— d) Height of building &. number of doors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 2 story e) Number of residential units (if applicable, new units and existing units to remain) Number of e-rnployees & company veliicleS (existing and proposed, note office versus non -office employees) 720 SF existing 3 vehicles no number proposed F Aas 9LI PL,, . SP cL . o��ce I(C60si= -�ao.5F - XsfoA --sf"iaq - 5tn a1C50SF I11a�c. j o pact at oa lbL So HQ Mr p c� -Mal/ t5 ti,7 sperm a) other (list any other nnation zeni ent o this application net spe^i-caily requested above, Tease note ZOveriayDismas He applicable): haves no i ea who will a nI Y g) LG T CGVr, A E a� a) Building: El rating _ % t Top®sed o'� D % b) Overall building, parkin outside storage, etc) Existing jW .50% Proposed '&I . S % c) Front yard (along each street) E sting 6300 SIV, proposedno change/® 9) COST ESTATES a6 Eafl€iing (including interior renovations): 'o) Landscaping: S - 0 - c) Other site improvements (please list Avitls cost): 10) EST =- TR.A=c — mu- f,-Y- b"I . a) Average daily traffic for entire property (in and out): b) A..AA. Peak hour for entire property (in and out): c) RIM Peak hour Bog entire property (In and out): 11) PEAK HOURS OF OPERA'ION: 1 `?) PEAK DAYS OF OPEUTIOI`T: 13) ESTIMATED PROJECT C OMPLE 014 DATE. 14) S= PLAN AND FEE � 35 A site plan shall be submitted Vrhich shows the information listed. on Exhibit A attached. give (5) rep lar size copies and one reduced copy (11" v 17") of the site plan must. be submitted. As site plan application fee shall be paid to the City at the time or submitting the site plan application (see Exhibit ). 1 -hereby c--rti�ithat all the inibrmation requested as part of this application has been submitted and is accurate t® the best of any knowledge. )C ^ I -e,-f kn 4L Ar OF PROPERTY OWNER D® not write below this line DATE OF SUBM S SIGNT: REVIEW AUTHOR=: U4e,7elopment Review Board 11 Director, Planning & Zoning I have reviewed this site -clan application and find it t® be: I/c,omplete ❑ Incomplete & Zoning or Designee- Dati 1� S= PLANT The following information must be shown on the site plan. Please submit Eve (5) copies and one reduced copy (l l " x s 7") of the site plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. • Lot drawn to scale (20 feet scale if possible) o .Survey data (distance and acreage) a Contours (existing and wished) o Proposed landscaping schedule (number, variety and size) as required in .Section 26.105 of the zoning regulations a Location of streets, -.butting prroper lies, fire hydrants, existing buildings, existing landscaping o Exi, sting and proposed curb cuts, pavement, -,NaWvays o Zoning boundaries o Number and location of parking spaces (as required -under Section 25..25 of the .zoning regulations) o Number and location of handicapped spaces (as rewired under Section 26.253(a) of *.he zoning regulations) o Location of septic tanks (if applicable) • Location of any easements o Lot coverage information: Building footprint, total lot, and front yard a North arrow o Name of person or firm preparing site plan and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. a Dempster locations. (dumpsters must be screened) o Bicycle rack as required. under Section 26.253(b) of the zoning regulations o If Restaurant is proposed, provide number seats and sere footage of floor area provided for patron use but not containing lied seats APPLICATION FEE E New Application $ 60.00* ❑ Amendment $ 35.00* * includes 510.00 recording fed t TABLE C-1: PERMITTED AND CONDITIONAL USES Use Institutional IA PR MU Residential SEQ Rl R2 R4 R7 R12 R7-NC QCP Commercial Core Cl- C1- Cl- CI AUTO AIR LR AR SW City Center CD CD2 CD3 CD4 Heavy Commercia C2 IC Airport AIR AIR -I Ind. OS IO FP Agricultural Uses Horticulture & forestry with on -premise Horticulture & forestry, no on -premise Keeping of livestock on 10 acres or more Single family dweling related to agriculture dwellings for farm employees PERMITTED in all districts; 5 acre minimum lot size in all districts PERMITTED in all districts _ P P P P P P P P P P P P P P P P P P PAdditional NCC P P P P 1P P P P P P P Public and Quasi -Public Uses Place of worship Community center Cultural facility Congregate care, assisted living, or continuum of care facility Educational facility Personal instruction facility Municipal facility Educational support facilities Group home Group quarters Hospice Funeral homes and mortuaries Skilled nursing facility Social services Public utility substations and transmission Cemeteries Parks Recreation paths PUD C C C 1C C 1C C C p 1P P P P P C C C 1C P P P- PUD PUD P P P P C P P P P P P PUD _ PUD p p p p C C C C C C C C _ PUD P C C PUD'* C C C C C C C P P P P C P P P P P P P P P C P P C C PUD PUD** C C C C C C C C C C C C C C C PUD _ P C C C C C C P P P P P P P P P P _ C C C C C C C C C C C C C C C C C C C C C N-PUD C C C C C C C 1C C C 1C JC _ CONDITIONAL in all districts CONDITIONAL in all districts PERMITTED in all districts I_ PERMITTED in all districts.:. *See specific use regulations in Article 7.01, Institutional Agricultural District -Educational facilities and educational support facilities in the Cl district shall be subject to the dimensional standards of the Institutional -Agricultural North District South Burlington Land Development Regulations Adopted May 12, 2003 TABLE C-1: PERMITTED AND CONDITIONAL USES Use Institutional IA PR MU Residential SEQ RI R2 R4 R7 R12 R7-NC QCP Commercial Core Cl- C1 AUTO Cl-AIR Cl-LR AR SW City Center CD I CD2 CD3 CD4 Heavy Commercial C2 IC Airport AIR AIR -I Ind. OS r0 FP Commercial Uses Agriculture & construction equipment sales, service & rental _ P P Recreation facility, indoor N-PUD C C C 1C 1C P P P P IP P P P P P P P Recreation facility, outdoor N-PUD C C C C C C C C 1C C P P C Auto and motorcycle sales, service and repair P P P _ Artist production studio P P P P P IP P P _ Auto rental, with private accessory car wash and fueling P P P P P Drive -through office, bank, retail or service PUD PUD PUD Bed & breakfast; minimum 1 acre lot C C C C C C C C - Car wash — — P Clinic, medical, dental or optical C C C C C C C C C Commercial greenhouse ACC P P PUD Convenience store, principal use P P _ Convenience store <3,000 SF within principal structure N-PUD P P P P P P P P P P P P P P P P-PUD _ Day care facility CONDITIONAL in all districts General merchandise store , . PUD C C _ Equipment service,. repair & rental P IP inancial institution Flight instruction P P P P p P P P P P p P-ACC _ P p P _ Hotels PUD 1C C C C C C C Hotels, extended stay PUD C C C C C C C J Indoor theater P P P P P Commercial kennel, veterinary hospital and dog day care Animal. shelter Lumber and contractor's yard ( C P P _ C P P P Mobile home, RV, and boat sales, repair & servicel. p P ffice general ffice medical PUD PUD C ACC PUD PUD PUD PUD P P P P P P P P P�P Y P P P P P P P P P P P P P P PUD PUD -- South Burlington Land Development Reglations Adopted May 12, 2003 7 ago E C-1: PERMITTED(AND OONDITIONAL USES 1 Commercial Uses (Continued) Use Institutional IA PR MU Residential SEQ R1 R2 R4 R7 R12 R7-NC QCP Co rcial Core Cl C1 % AUTO Cl-AIR Cl-LR AR SW City Center CD 1 CD2 CD3 CD4 Heavy Commercial C2 IC Airport AIR AIR -I Ind. OS IO FP Personal or business service, principal us . P P P P. P P P P P P P P Personal or business service, up to 3,000 GFA per any one principal structure N-PUD P P P P P P 1p P P P P P P P P PUD _ Adult use Printing & binding production facilities C P P P P Photocopy & printing shops, with accessory retail N-PUD P P P P P P P P P P P P Radio & television studio P P C P P P Research facility or laboratory PUD P P P P P P P P P P P P �P P Restaurant, standard N-PUD I C p p p i p !p p p p p p p P ACC Restaurant, short order N-PUD C P P P P P-ACC P-ACC P P P P P ACC Retail ftittablishment <5,000 SF GFA N-PUD P P P P ,P P P P P P P P P- ACC P-ACC Retail food establishment >5,000 SF GFA and supermarkets P C C p etail and retail services, excluding general merchandise stores 1 P P P P"` P— ;P-. P P P P P P _ Retail and retail services up to 3,000 GFA within any one principal structure N-PUD P P P P P P P P P P P P P P P Retail warehouse outlet Sale, rental & repair of aircraft & —related--parts P P C _ P P Service station with convnience store C C C C -- Shopping center - - — - — - C _ Taverns, night clubs & private clubs P P P P P P P P P P P TVTOLOr freight terminal C ; C P Commercial or public parking facility C C C C C C C C C C C C C C Warehousing, processing, storage & distribution I C, P P Distribution and related storage, with >15% o GFA in office or other principal permitted use by same tenant _ ' C P IP- P C — Wholesale establishments C C P P P AIRPORT USES —Principal permitted retail uses are limited to 5,000 SF GFA South Burlington Land Developme^, Reglations Adopted May 12, 2003 TABLE C-1: PERMITTED AND CONDITIONAL USES Use Institutional IA PR MU Residential R7- SEQ RI R2 R4 R7 R12 NC QCP Commercial Core Cl- Cl- Cl- C1 AUTO AIR LR AR SW City Center CD CD2 CD3 CD4 Heavy Commercia C2 IC Airport AIR - AIR I Ind. OS IO FP Residential Uses Single-family dwelling P P P P IP 11PUD PUD P I JPUD P IP I PUD PUD P Two-family dwelling P PUD P P IP IPUD PUD P IPUD P P PUD PUD Multi -family dwelling P PUD PUD P 1PUDIPUD PUD C PUD JPUD PUD PUD P P P P PUD Accessory residential units CONDITIONAL in all districts; see Section 3.10 for specific regulations Accessory residential units w/o occupancy restrictions on lots of 1/2 acre or more C C C Industrial Uses I Junk yard Light manufacturing rviauuiauuuug a asseuiviy truin previously prepared materials & components 'C PUD P P P P PUD P P P P P P P P PUD i Miscellaneous Uses Private providers of public services, including vehicle storage and maintenance P P P P P P _ Waste transfer stations C South Burlington Land Development Regulations Adopted May 12, 2003 DEPARTMENT OF PLANNE4G & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 1, 2005 Peter Jacob 79 5uburban Square 5. 5urlington, Vermont 05403 Re: 205 Dorset Street Dear Mr. Jacob: Enclosed is the agenda for next TueSday'S Development Review 5oard meeting and Staff comments to the Board. Please be Sure that Someone i5 at the meeting on Tuesday, August 5, 2003 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, .� iyvl °on�J 5elair Administrative Officer Encl. 575 DORSET 8TR' T SOUTH BURLINGTON, `+IEPLAONT 05403 (802) 846-4106 FAX (802) 846-4101 March 14, 2001 Jim Garbelotti Contact Communications 2026 Williston Road South Burlington, VT 05403 Re: Signs at 205 Dorset Street Dear Mr. Garbelotti: This is in response to your letter of March 9, 2001 regarding the signs at 205 Dorset Street. You have requested that you be allowed to appeal the decision of the Planning Commission effective 3/31/99. t do not have the authority to allow you to appeal this decision and the sign ordinance does not include a provision for appealing this decision. Unfortunately, you have no choice but to comply with this decision. Sincerely, Raymond Belair, Administrative Officer R3B/mcp CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 18, 1999 John Floyd Design Sign, Inc. P.O. Box 1048 Williston, Vermont 05495 Re: Sign Design Review, 205 Dorset Street Dear Mr. Floyd: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, March 23, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. i erely, Joe eith, Director Planning & Zoning JW/mcp Encls CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April20, 1999 John Floyd Design Sign, Inc. P.O. Box 1048 Williston, Vermont 05495 Re: .Sign Design Review, 205 Dorset Street Dear Mr. Floyd - Enclosed Enclosed is a copy of the March 23, 1999 Planning Commission meeting minutes. If you have any questions, please give me a call. nce ely, Joe Weith, Director Planning & Zoning JW mcp 1 L• ncl Memorandum - Planning March 23, 1998 agenda meeting March 19, 1999 6) DESIGN SIGN, INC. - NEW SIGN - DESIGN REVIEW This project consists of changing the graphics on two (2) four (4) square foot signs (one (1) free- standing and one (1) wall sign) for Allstate Insurance and two (2) 12 square foot signs (one (1) free- standing and one (1) wall sign) for Rushford Family Chiropractic at 205 Dorset Street. Section 4 of the South Burlington Sign Ordinance requires sign design approval from the Planning Commission. A rendering of the proposed signs has been submitted. Also submitted was a master signage plan for the entire 205 Dorset Street property. The proposed signs will have dark backgrounds with white letters. This is in conformance with Section 19(e) of the sign ordinance. The free-standing signs are attached to an existing free-standing sign which will not exceed the maximum size of 32 square feet and the maximum height of 12 feet. The wall signs are attached to the west facade of the building. All signs will be internally illuminated. The Planning Commission must find that the design complies with four (4) criteria: design consistency, promotion of city center goals, color and texture, and suitable materials (see below). Section 4 - Design Review Criteria: a) Consistent Design: the design of a sign shall consider and be compatible and harmonious with the design of buildings on the property and nearby. The design of all signs on a property shall promote a consistency in terms of color, graphic style, lighting, location, material and proportions. b) Promote City Center Goals: signs shall be designed and located in a manner which reinforces and respects the overall stated goals of the sign district and City Center Plan, including a high aesthetic quality and pedestrian orientation. c) Color and Texture: the color and texture of a sign shall be compatible and harmonious with buildings on the property and nearby. d) Materials Used: signs shall be designed and constructed of suitable materials. Section 23(h) of the sign ordinance requires all nonconforming signs to be brought into compliance within two (2) years. Applicant has indicated that the two (2) nonconforming signs for A Plus Beepers will be brought into compliance by February 17, 2001. MASTER SIGNAGE PLAN 205 DORSET STREET Property Owners: Peter and Vilma Jacob 79 Suburban Square South Burlington, VT 05403 Applicant: Design Signs, Inc. 35 Batchelder Street Burlington, VT 05401 Contact: John Floyd The following Master Signage Plan is submitted in conjunction with applications to change the graphics on existing signs, for Rushford Family Chiropractic and Allstate Insurance. 1.) Freestanding Signs a.) Computation of maximum allowable size: "Freestanding signs may not exceed 32 square feet in overall dimensions and may be no higher than 12 feet..." [Section 8(e) (4) South Burlington Sign Ordinance]. The sign as currently in place is 32 square feet, 12 feet high. b.) Design Standards: The freestanding sign cabinet is an internally illuminated aluminum frame, with acrylic faces. Prior to the application for sign permits which require this master plan, 7/8 of the sign faces were white with dark letters, which does not comply with Section 19(e). With the approval of these permits, 5/8 of the sign will have dark backgrounds with white letters. A+ Paging, with the 3/8 sign face remaining white, will be required by the property owners, by terms of lease renewal, to comply with Section 19(e) by February 17, 2001. The sign posts are natural wood, with gray color and texture to match the building exterior. The sign base is landscaped with attractive plantings and wood mulch. The design of the sign faces is consistent with City Center goals, with graphics that are pedestrian oriented and aesthetically pleasing. The green background is complimentary to the landscaping, while the blue backgrounds are both a natural color and the standard used for the particular companys' logos (Allstate nationally and Howard Bank regionally). 2.) Wall Signs a) Computation of maximum allowable size: "Maximum total of all wall signs shall not exceed 5% of the signable wall area or 100 square feet, whichever is smaller." [Section 9(c) South Burlington Sign Ordinance].On the main building, the signable wall area is 14' x 60', or 840 square feet. On the ATM building, the signable wall area is 8' x 20', or 160 square feet. The total signable wall area for this property of 1,000 square feet yields a maximum wall sign area of 50 square feet. There are four wall signs currently in place. Two internally illuminated cabinets on the west wall of the main building are each 4' by 4', or 16 square feet, for a total area of 32 square feet. The sign with individual internally illuminated letters on the south side of the ATM building is V x 11', or 11 square feet. One 1' x 3' rectangular painted sign panel on the north side of the ATM building is 3 square feet. The grand total of existing wall signs is 46 square. feet. c.) Design Standards: 1.)Main building wall signs. Prior to the application for sign permits which require this master plan, both 4' x 4' illuminated signs had white backgrounds with dark letters. With the approval of these permits, one of the two signs will have a dark background with white letters. A+ Beepers, with the other sign, will be required by the property owners, by terms of lease renewal, to comply with Section 19(e) by February 17, 2001. The design of the new sign face graphics is consistent with City Center goals, with graphics that are pedestrian oriented and aesthetically pleasing. The green background is complimentary to the landscaping, while the blue background is both a natural color and the national standard used for the Allstate signs. 2.)ATM building signs. These signs, for the Howard Bank ATM, are not affected by the pending applications. They are permitted signs, complying with all regulations, with no changes anticipated. They are also in compliance with City Center goals, with consistent color and graphic style, and are compatible and harmonious with the design of buildings nearby (the exterior signs at University Mall, across the shared parking lot, are also individual internally illuminated letters). The plain painted "ATM" sign on the north side of the building, measuring F x 3', is as small as reasonably possible to allow effective communication of its message. ATTACHMENTS: l.) Plot plan, indicating the location of all signs. 2.) Photos of signs and building facades. 3.) Drawings of signs as proposed. CN PAGING 865-9888 865 - 9888 FAmi LY (-H I r�.C)PKACTIC LLNTER 4: 860-1239 All i S a, WEST WALL 4' x 4' interior -illuminated wall signs 24 HOUR L,Howard Bank ccess � 11' ATM Building - South Wall ATM 3' ATM Building - North Wall �u b� � Oc�, CITY OF SOUTH BURLINGTON APPLICATION FOR DESIGN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on required design plans will result in your application being rejected and a delay in the review before the Design Review Committee and Planning Commission. 1) Approval is being sought for (check all that apply): ❑ Design Plan Approval Sign Design Approval 2) OWNER OF CORD Name as shown on deed, mailing address, phone and fax #) .e�& /` COGJ cy✓ �� v9s 3) APPLICANT (Name, mailing address, phone and fax 4) COI TACT PERSPN (Nameer-mailing address, phone and Nx #) vvl?�t %�/o l 4 / �� d1..0 q/ ��'�''%i"/'4� xj 5) PROJECT STREET ADDRESS: 6) TAX MAP NUMBER (can be obtained at Assessor's Office) ;Z 3 0/_ Q —/ 7) PROJECT DESCRIPTION Provide a brief description of the improvement or modification for which design review approval is being sought. If sign design approval is being sought, provide a description of the sign(s) type, size and height. 77Z;1 t-d r i t IC A✓'� �� a P zlyc%` The information listed on Exhibit A attached shall be submitted along with this application form. Five (5) regular size copies and one reduced copy (11" x 17") of all required plans and drawings (e.g., site plan, building elevations, sign details) must be submitted. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. L�' �� SIGNATURE Of APPLICANT SIGNATURE OF LAND/BUILDING OWNER Do not write below this line DATE OF SUBMISSION: O / L have reviewed this design review application and find it to be: Complete ❑ Incomplete __-- Director of Planning & Zoning or Designee (ApformDR) Date EXHIBIT A DESIGN REVIEW The information listed below must be submitted along with an application for design review. Five (5) regular size copies and one reduced copy (11" x 17") of all required plans and drawings (e.g., site plan, building elevations, sign details) must be submitted. Failure to provide the following information will result in your application being rejected and a delay in the review before the Design Review Committee and Planning Commission. Desion Plan ADgfoval • One or more current photographs of the property showing the present condition. • A site plan of the property in accordance with Section 26.10 of the Zoning Regulations • Building elevations, drawn to scale, showing all sides of the building including: • architectural details • exterior equipment located on the roof, walls, and ground • building height • existing and proposed grading • color, type and texture of building material • doors • siding cornices • entablatures • roofing material • moldings and trim • window details including panes of glass, dimensions, shutters, lintels and awnings Sign Design Approval • Plans (drawn to scale) and specifications showing the size, dimensions and color of the sign and its various parts, the style of letter, material of which the sign is to be constructed, and method of attachment to the building or in the ground. • Color sketch of the sign and building as they would appear in relation to each other. • Statement as to method of illumination and intensity of the sign. • Master signage plan containing the following: • an accurate site plan of the property showing the location of buildings, parking lots, driveways and landscaped areas. • computations of the maximum area, number, and height of signs, by sign type (i.e., freestanding, wall, etc.), allowed on the property under the sign ordinance. • computations of the area and height of each sign on the property, both existing signs to remain and proposed new signs. • an accurate indication on the site plan of the proposed location of all signs on the property, both existing signs to remain and proposed new signs. SION D ATr*-i B l SION C 3ET STREET SITE PLAN FOR BAN! <NORTH 205 DORSET ST. BURL_INOTON, VT SGAL.E: NTS SION A P Permit Number DR- - CITY OF SOUTH BURL,INGTON APPLICATION FOR DESIGN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on required design plans will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board. 1) Approval is being sought for (check all that apply): ❑ Design Plan Approval )v Sign Design Approval 2) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter Jacobs 79 Suburban Square South Burlinqton, VT 05403 802-862-8718 3) APPLICANT (Name, mailing address, phone and fax #) 2026 • '• South Burlington.,09401 861 1 4) CONTACT PERSON (Name, mailing address, phone and fax #) Jim Garbelotti 2026 Williston Rd South Burlington, VT 05403 802-860-0000 5) PROJECT STREET ADDRESS: 205 Dorset Street 6) TAX PARCEL ID # (can be obtained at Assessor's Office) n S 7 - n n S 7) PROJECT DESCRIPTION Provide a brief description of the improvement, or modification for which design review approval is being sought. If sign design approval is being sought, provide a description of the silm(s) type, size and height. and seeking approval to leave the existing signage in place. 1-t -wa s i d e d f r e e S t a n di n g ba-ck-l-i-t---_pang3- 6. 4' x 3' 1 wall mounted backlit panel sign 4' X-4' The information listed on Exhibit A attached shall be submitted along with this application form. Five (5) regular size copies and one reduced copy (I V x 17") of all required plans and drawings (e.g., site plan, building elevations, sign details) must be submitted. I hereby certify that all the info. accurate to the best of !my knov , ` GktA SIGNATURE OF LAND/BUILDING OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this design review application and find it to be: 0 Complete 0 Incomplete Director of Planning & Zoning or Designee Date een submitted and is 9 C 4..J� u� 1 FT 10/23/01 MOTION TO RECOMMEND APPROVAL Barlo Signs, 205 Dorset Street I move the City Center Design Review Committee recommend approval of application #DR-01-17 of Barlo Signs. to: 1) remove existing 10'/Z"x 7'6" neon channel letters and replace with new letters, 2) Replace the face of existing 12"06" box sign, 3) Replace the face of an existing ATM wall sign 12"06", 4) Replace the face of a panel on an existing freestanding sign, 12"x48.1", and 5) add window signage at 205 Dorset Street, as depicted on a three (3) page set of plans and diagrams, page one entitled "BANKNORTH Dorset St. So. Burlington, VT", prepared by Barlo Signs, with a date of 9/25/01with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This recommendation for approval of the proposed sign design is based solely on the application's compliance with the design review criteria contained in Section 4 of the South Burlington Sign Ordinance. The determination of whether or not this application complies with all other requirements contained in the sign ordinance shall be made by the Code Officer 3. Any change to the Master Signage Plan shall require review by the South Burlington Design Review Committee. DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH EURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 19, 2001 Jennifer Robichaud Barlo Signs 158 Greeley Street Hudson, NH 03051 Re: Design Review Application #DR-01-17 of Barlo Signs, 205 Dorset Street Dear Ms. Robichaud: Please find enclosed the Findings of Fact and Decision of the Development Review Board approval on December 4, 2001, in regards to the above referenced project. The applicant should obtain a sign permit pursuant to Section Five of the sign ordinance. If you have any questions, please give me a call. Sincerely, Stephanie A. Smith Associate Planner 575 Dorset Street Phone: 846-4106 Fax 846-4101 FcApw To: Jennifer, Barlo Signs From: Stephanie A. Smith Fax: 1603.882.7680 Date: November 20, 2001 Phone: Pages: 4 Re: Design Review Application CC: Re: Design Review Application DR-01-17 Dear Jennifer: Please find attached the agenda and memo on the above referenced application. The project is currently scheduled for consideration by the Design Review Committee on November 26, 2001. Please be sure someone is at the meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Stephanie A. Smith Associate Planner City of South Burlington, Planning & Zoning 1 NOV-08-01 14:24 ;R.OWBarlo 1503382T533 02/02 F-533 Permit Number CITY OF SOUTH BURLINGTON APPLICA-rION fOR DFSIGN RF-VTEW All information requested on this applicaEian must be completad in MD. Failucc; to provide the requested information eirrzer an this application form or on jcquired design plans will result in yow application being rejected and a delay in the rc-vir,,N before the Design Rcvicw Conunitled and Devc-,Iop-mcnt Rrvic';v Board. 1) Approval is being sought for (check all that apply): ........... .. . . . .... 10 Design Plan Approval Sign Design Approval 2) OWN,�R OF RECORD (Name as sho-m on deed, Mail.inS andrer.!;. phunc and fax 0) 3) ICAINT (.Nainc,, mailing address, phone. and fax 4) —6q. /a &' . , 2*n!t�g x� RkV 74/ 4) CONTACT PERSON (Name. rualUng address, phone and fax 5) PROJECT STMET ADDRESS 6) TAX PARCEL ID 0 (can be obiatned at Assessor's Office) 7) PROJECT DESCRIPTION is Provide a beef description of the improvement or modification for which design review being ,,taught. If sign design approy-,ii i:5 being -sought, provide ?I dcLjQriptj0n of thr 5j_n(s) eapproval. sIze, and neigh I 2 ly 17 .0 x.- /Ift/01 1 1 j 0 V) 6 The information listed on Exhibit A attached shall be submitted along with this application form. Five (5) regular size copies and one reduced copy (I I" x 17") of all required plans and drawings (e.g., site plan, building elevations, sign details) must be submitted. I hereby certify that allthe information requested as part of this application has been submitted and is accurate to the best of my knowledge. 6MGNATURE OF APPLICANT SIGNATURE OF LAND/BU ING OWNER Do not write below this line 11-1 CD DATE OF SUBMISSION: I 1 I have reviewed this design review application and find it to be: Complete 1 Incomplete Director of Plan nm g & �ing or Designee Date 4�� 0 2 EXHIBIT A DESIGN REVIEW The information listeelow must be submitted along with an application for design review. Five (5) regular size copies and one reduced copy (I I" x 17") of all required plans and drawings (e.g., site plan, building elevations, sign details) must be submitted. Failure to provide the following information will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board. Design,,plan Approval -,4�,-'One or more current photographs of the property showing the present condition. o A site plan of the. property in accordance with Section 26.10 of the Zoning Regulations. o Building elevations, drawn to scale, showing all sides of the building including: ■ architectural details ■ exterior equipment located on the roof, walls, and ground ■ building height ■ existing and proposed grading ■ color, type and texture of building material ■ doors ■ siding cornices ■ entablatures ■ roofing material ■ moldings and trim ■ window details including panes of glass, dimensions, shutters, lintels and awnings ■ details (cut sheets) of all proposed exterior lights Sign Design Approval u Plans (drawn to scale) and specifications showing the size, dimensions and color of the sign and its various parts, the style of letter, material of which the sign is to be constructed, and method of attachment to the building or in the ground. o' Color sketch of the sign and building as they would appear in relation to each other. er St tement as to method of illumination and intensity of the sign. o Master signage plan containing the following: ■ an accurate site plan of the property showing the location of buildings, parking lots, d driveways and landscaped areas. 9� computations of the maximum area, number, and height of signs, by sign type (i.e., N freestanding, wall, etc.), allowed on the property under the sign ordinance. ■ computations of the area and height of each sign on the propertyiwboth existing signs to I° remain and proposed new signs. ■ an accurate indication on the site plan of the proposed location of all signs on the property, both existing signs to remain and proposed new signs. ■ standards for consistency among all signs on the property (existing and proposed). 3 11,f12; Z�OI 1.0;33 561� 6'2 9 VIBE reel- Landlard 7uthoritatiaa For;, or �� FORM MUST BE SIGNED BY OWNER OF PRQP,!ERTY As owner of I hereby authorize Jeprnifer RQbic at{,ti -Kris Loughlin. Carol u bey o Hazel Wo _ t s of Barlo Signs Company of Hud AFC C7R SIGN PERMITS for this site. yy�� S 1 a n e d. ..,� - - �e+a- Printed_ Address - As owner cox c.—_ 1 :hereby a u t h o r i r- a Darn Reed or a representative Barka Signs to APPEAR BEFORE THE PLANNING BOARD and/or 81GN REVI Z3A for this site. f, , ,? Signed: Printed: Addre-ss: C06 0f BOARD and/or the. n ♦'t'ttir}'Y«d•*i�A•Lliy �.44+Y{'�iM.W 4l�':`•M4ar rrxrt«4war d3r♦#}4M....... ..WWYry Mlv.a�.kilys+�idr44-'..1�fTali•�-!Y{.l'M"a.I YWW��IiiiMibO�i� .lab Reference. In PLEASE FAX BACK IMMEDIATELYr� $ MAIL ORIGINAL. ,Job 0 � � --�� to the attembon of Karen Scott. Fox # 603-882-7880 p18-� IG11G c 5E5-1 G8911EB@G9i e u;l�g c;ar9-piQ�u: lull lG-tl-�10N WHITE OUTLINE FOR VIABILITY PAGE 1 ITEM A MFG. & IN51 ONE (1) 5ET NEON CHANNEL LETTERS REMOVE OLD & SCRAP REPLACE FACE IN ATM SIGN FURNISH & IN5T ONE (1) TEMP. VINYL BANNER PAGE 2 ITEM B FURNISH & IN5T. ONE (1) SET WHITE FIR5T SURFACE VINYLS PAGE 2 ITEM C MFG. & IN5T. TWO (2) WHITE LEXAN REPLACEMENT FACES FOR EXISTING D/F ILLUMINATED TENANT DIRECTORY PAGE 2 ITEM D MFG. & IN5T. ONE (1) .080 BEA OVERLAY 5CREWED TO EXISTING D15HPAN -. M ■ NEW LAYOUT 24 Hour ATM Circuits Amp Voltage U.L. Size Length _ W. Thickness Stub Size Stub Length W. Thickness PLATE W L Th GUSSETS W L Th ANCHOR BOLTS L HOOK Dia Depth Width Length Yds. BARLO: GENERAL NOTES ED o it @I �• . LETTERS BARLOMEX Returns: BRONZE BEA SHOWING OLD LETTERS (MAINTAINING LENGTH) Face: WHITE Trim: 1" BRONZE C�� �Ci,% `> v� U ^��� G•�`' c� O�J�r.ah Neon: 6500 WHITE TEMP VINYL BANNER REPAINTCAE3INETSTOMATCH 3630-36 BLUE AS IZEQ. n WH 3030- 6E3LUE E3KG. ,1411 I Od/� _ f)prirT� EX BANNERS: ward Bank 1( _ WHITE VINYL E3ANNER W ITEM A TIME SUMMARY 7725-375APPHIRE BLUE GRAPHICS 0-Art/Eng. 5-Neon SIGN DISPOSITION 7_6 1-Pat/Vin. 6-Finish ❑Store for Barlo ❑ Leave @ Site ❑ Dispose 2-Let. Fab. 7-Paint 3-Screen 8-Install ❑ Store for Customer ❑ Chargeable ❑ N/A 4-Met. Fab 9-Misc. ALL COLORS ARE FOR REPRESENTATION ONLY. Type: Mat: Ret.Size: Box Depth: Date Released for production: By: Job Name: SEE ACTUAL SAMPLES FOR COLOR MATCH. Rev.# Date Description To ShopTo Mex BANKNORTH ALL FINISHES TO BE SEMI -GLOSS UNLESS OTHERWISE NOTED Face Mat: Thickness: Copy: Location: DOR5ET 5150. DURLINGTON, VT Pole Cover Mat. Hgt: Depth: r • Drawn By: DJR IGNS ®� Underwriters Laboratories bIC.® Interior Exterior Face -Lit Back -Lit Drain Holes: Y N Client: sales Re P B.B. Face Mat: Th: Return Mat: Depth: [late: 158 Greeley St., Hudson, NH 03051 GENERAL INFO. Landlord: 9/25/01 (603) 882-2638 Fax (603) 882-7680 Mylar Size: Back Mat: Neon Rows: MM: 'COPYRIGHT 2001 THE BARL 0 GROUP File Name: Qty: 1 Sq. Ft: THIS DESIGN IS THE PROPERTY OF THE BARLO GROUP, ALL PRODUCTION AND DUPLICATION RIGHTS ARE RESERVED BY THE BARLO GROUP. 50 BU KL A 0108233 Trans. Location: 30MA 60MA Wiring: %° BX 3/B Ligtite Wireway N/A r THISPRINTISDESIGNEOFORYOURPERSONAIUSEANDISNOTTOBEUSEDOUTSIDEY0UR0RGANILITI0N0RElHIOITEDINANYFASHION O Engineering: Production: Estimating: _ � S71 B 01 08 223 S/F D/F ILL. Non -ILL Housings: Glass Pk s Dbl.Backs N/ Mtg. Nut Sert Thru Back < Clip s• "t" � 11 ffiq sue: Check By: .purvey: Sales: """ ��,. SHEET 1 OF 2 PAGE 2 ITEM 6 FURNISH & IN51 ONE (1) SET WHITE FIRST SURFACE VINYLS PAGE 2 ITEM C MFG. & IN51 TWO (2) WHITE LEXAN REPLACEMENT FACES FOR EXISTING D/F ILLUMINATED TENANT DIRECTORY PAGE 2 ITEM D MFG. & IN5T ONE (1) .08013EA OVERLAY SCREWED TO EXISTING D15HPAN REPAINT CABINETS TO MATCH 3630-36 BLUE A5 REQ. 3630-36 BLUE E3KG. W/ WHITE COPY BANNERS: WHITE VINYL BANNER W 7725-37 SAPPHIRE BLUE GRAPHICS ❑Store for Barlo ❑ Leave @ Site ❑ Dispose ❑ Store for Customer ❑ Chargeable ❑ WA All COLORS ARE FOR REPRESENTATION ONLY. SEE ACTUAL SAMPLES FOR COLOR MATCH. All FINISHES TO BE SEMI -GLOSS UNLESS OTHERWISE NOTED UL Underwriters laboratories Inc.® GENERAL INFO. nry: AS SHOWN I Sq. Ft: S/F D/F I ILL. Non -ILL C/L 2" DIVIDER BAR 30" V.O. _� FURNISH & IN5T. ONE (1) SET WHITE FIK5T SURFACE VINYLS 48 5/8 MFG. & INST. TWO (2) WHITE LEXAN REPLACEMENT FACES Type: Mat: Ret.Size: Box Depth: Date Released for Face Mat: Thickness: Copy: Rev.# Date Pole Cover Mat. Hgt: Depth: Interior Exterior Face -Lit Back -Lit Drain Holes: Y N Face Mat: Th: Return Mat: Depth: Mylar Size: Back Mat: Neon Rows: MM: Trans. Location: 30MA 60MA I Wiring: %o BX 3/e Liqtite Wireway WA Engineering: Housings: Glass Pk s Dbl.Backs N/ Mtg. Nut Sert Thru Back < Clip Check Bv: PHOTO D SCALE:NTS 24 7Hor7A7 MFG. & IN51 ONE (1) .080 BEA OVERLAY SCREWED TO EXISTING D15HPAN Circuits Amp Voltage U.L. Size W. Thickness Stub Size Stub Length W. Thickness PLATE W L Th GUSSETS W L Th ANCHOR BOLTS L HOOK Dia Depth Width Length Yds. BARLO: BARLOMEX 0-Art/Eng. 5-Neon 1-Pat/Vin. 6-Finish 2-Let. Fab. 7-Paint 3-Screen 8-Install 4-Met. Fab 9-Misc. luction: By: Job Name: BANKNORTH Description To Shop To Mex Location: DOR5ET 5T. 50. BURLINGTON, VT r • i Drawn By: DJ R Sales Client: S es Rep. B B Date: 1S 58 Greeley St., Hudson, NH 03051 Landlord: 9/25/01 (603) 882-2638 Fax (603) 882-7680 Print Approval Date THIS DESIGNISTHEPROPERTYOFTH BARLOGOUP,ALLPRODUCTIONANDDUPLIC,ATIONRIGHTS ARE RESERVED BY THE BARLD GROUP File Name. 50 BURL A 010,5233 THIS PAINT IS DESIGNED FOR YOURPERSONAL USE AND IS NOT TO BE USED OUTSIDE YOUR ORGANIZATION OR EXHIBITED IN ANY FASHION, Production: Estimating: D D-01-o8-223 Survey: Sales:�=''^ R <LL SHEET 2 OF 2 11/26/01 `-Njff-(W b MOTION TO RECOMMEND APPROVAL Barlo Signs, 205 Dorset Street I move the City Center Design Review Committee recommend approval of application #DR-01-17 of Barlo Signs. to: 1) remove existing 10'/Z"x 7'6" neon channel letters and replace with new letters, 2) Replace the face of existing 12"06" box sign, 3) Replace the face of an existing ATM wall sign 12"06", 4) Replace the face of a panel on an existing freestanding sign, 12"x48.1", and 5) add window signage at 205 Dorset Street, as depicted on a three (3) page set of plans and diagrams, page one entitled `BANKNORTH Dorset St. So. Burlington, VT", prepared by Barlo Signs, with a date of 9/25/01with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This recommendation for approval of the proposed sign design is based solely on the application's compliance with the design review criteria contained in Section 4 of the South Burlington Sign Ordinance. The determination of whether or not this application complies with all other requirements contained in the sign ordinance shall be made by the Code Officer. 3. The applicant shall obtain a sign permit pursuant to section Five of the Sign Ordinance of this approval is null and void. 4. Any change to the Master Signage Plan shall require review by the South Burlington Design Review Committee. 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 28, 2001 Jim Garbeletti 2026 Williston Road South Burlington, Vermont 05403 Re: Design Review Application D 1)&-. ,----'a:rbelotti: Enclosed please find a copy of the April 10, 2001 Design Review Committee meeting minutes. If you have any questions, please give me a call. Sincerely, G�G� Sarah MacCallum Associate Planner Enclosure td CITY CENTER DESIGN REVIEW COMMITTEE APRIL 11), 2001 The South Burlington Development Design Review Committee held a regular meeting on Tuesday, April 10, 2001, at 6:45 P.M., in the City Hall, 575 Dorset Street. Members Present: Timothy Duff, Mary Benoit, David Boehm, Frank Clark Others: Sarah MacCallum, Associate Planner, James Garbolatti of Lincoln Communications, John Jaeger, Greg Rabideau 1. Minutes of February 2, 2001. Ms. Benoit made a motion to approve, Mr. Duff seconded. The motion was unanimously approved. 2. A+ Paging, 205 Dorset Street Mr. Garbolletti introduced the signs proposed. He stated that he was aware that the ordinance did not allow for the types of signs he desired, but he wished to open a dialogue on the Sign Ordinance. Mr. Garbolletti stated that he believed business owners on the property should be notified of requirements placed on the property by the City. He stated that the previous signage approval included an incomplete application as it was not signed by the owner of the property. Ms. MacCallum stated that the application was accepted as complete by the Director of Planning and Zoning, the application was approved, and the point was moot. Mr. Boehm stated that the Committee did not have the authority to change the Sign Ordinance and therefore the Committee could not approve the signs proposed. Mr. Garbolletti requested information on how to proceed. Ms. MacCallum stated that the Committee's recommendation would be forward to the Development Review Board. Ms. MacCallum stated that the applicant could also approach the Planning Commission to change the sign ordinance to allow for non -conforming signs identified by the master signage plan to be brought into greater conformity without complete complii_nce. Ms. MacCallum stated that the applicant should not bt on the Development Review Board consent agenda. Mr. Boehm asked if the applicant wished to withdraw the application. Mr. Garbolletti stated that he wished to have the Committee vote on the application and be considered on the regular agenda, not consent, of the Development Review Board. Mr. Clark made a motion to deny the design review application #DR-01-01 of A+ Paging/Lincoln Communications to amend a previously approved master signage plan. The amendment consists of legitimizing two (2) existing non -conforming signs: 1) one free standing backlit panel sign totaling 12 square feet in size which employs a white background with dark lettering, 2) one wall mounted backlit panel sign totaling 16 square feet in size which employs a white background with dark lettering, 205 Dorset Street, as depicted on a four (4) page set of plans, page one entitled "]Master Signage Plan 205 Dorset Street", dated March 21, 2001 with the following stipulations: 1 CITY CENTER DESIGN REVIE`,`'-., 'OMMITTEE APRIL 11), 2001 1. This denial of the proposed sign design is based solely on the application's lack of compliance with the design review criteria contained in Section 19(e) and Section 23 of the South Burlington Sign Ordinance. 2. The plan does not identify all non -conforming signs and does not include a schedule in which these signs will be brought into conformance with the master signage plan and Sign Ordinance. All non -conforming signs must be identified and a schedule provided for conformance within two years as per Section 23 (h) of the South Burlington Sign Ordinance. Ms. Benoit seconded. The application was unanimously denied. 3. John Kennedy, 340 Dorset Street The applicant was not present and the Committee therefore did not consider the application. 4. South Burlington Real , Company, 368 Dorset Street Mr. Rabideau presented the plans. He :,- Led that he had met with staff and recognized the concerns with the current plans. Mr. Jaeger stated that there were traffic issues with creating a corner building. Mr. Boehm stated that the building really needed to be placed on the corner of the lot. Mr. Rabideau stated that the movement of the building did create ten (10) additonal parkin; spaces. Mr. Jaeger stated that if the building was to be constructed on the corner, the City would be looked to for improving sight line,on that corner of San Remo Drive. Mr. Rabideau stated that he had revised the plans to include a landscaping schedule for the project and a hedge row to screen the property. Ms. Benoit stated that the alternate plans with the building on the corner of the lot provide a nice alignment of the west entrance with the drive from Dorset Street. Ms. MacCallum stated the Development Review Board may request that the landscaping plans be revised to reflect the San Remo Drive streetscape which is currently in place. Mr. Rabideau then presented the Committee with a color rendering of the proposed building. Mr. Rabideau stated that lighting fixtures would be similar to those currently approved. Ms. Benoit asked where the trash and meters would be. Mr. Rabideau stated that a screened dumpster would be provided. Mr. Rabideau stated that the air conditioning would be hidden within the cupola. Ms. Benoit asked for the location of the meters. Mr. Rabideau stated that the meters would be on the north or south face of the buildings. Mr. Jaeger stated that these would be built into closets. Mr. Duff asked for clarifications on dumpster locations. Mr. Rabideau stated that the location of the dumpster would be in the same area as is now between 364 and 366 Dorset Street. Mr. Boehm asked if the eastern entrance should be more substantial. Mr. Duff stated that there should be sia,;'waik connections between the entrance and street on the east facade. Ms. MacCallum stated that no elevations were presented for the 364 Dorset Street changes. Mr. Rabideau stated that photos could be taken of the existing building and what would be left. Mr. Boehm stated that elevations would eventually be needed. Mr. Jaeger stated that he would like to come back to the Committee with changes later for that building. Mr. Boehm asked about accessible 2 CITY CENTER DESIGN REVIEW COMMITTEE APRIL 11), 2001 open space. Mr. Jaeger stated that a pocket park could be provided on the southern corner of San Remo Drive. Mr. Duff stated that the screening between 364 and 366 Dorset Street should be looked at and perhaps a pocket park area added such as benches. Mr. Duff stated that the east elevation was successful in terms of re -iterated and balanced elements and the scale and mass of the building could be reduced by not emphasizing horizontal's on the facade in terms of materials. He stated that the eave height elevations on the first building were successful and changing the core heights would make the building more successful in terms of a human scale. Mr. Duff stated that there should be no visible utilities on the south elevation of the proposed buildings. Mr. Duff also requested that the applicant make sure that use of the cupola for utilities was practical. Mr. Duff made a motion to approve the design review application #DR-01-02 of South Burlington Realty Company to amend a planned unit development consisting of. 1) a 4800 square ,soot building consisting of 3,600 square feet of convenience store use and a 1200 square foot fast food restaurant with twenty two (22) seats, 2) an 8,060 square foot building consisting of 3500 square feet of general office use and 4560 square feet used for a multiple number of commercial uses for a multiple number of tenants, 3) an 8,944 square foot building (phase 1) and a 13,640 square foot building (phase 2) for a multiple number of commercial uses for a multiple number of tenants, 364, 366 and 368 Dorset Street. The amendment consists of. 11 reducing the 4,800 square foot building consisting of 3,600 square feet of convenience store use and a 1200 square foot fast food restaurant with twenty two (22) seats to 2,400 square feet used for retail at 364 Dorset Street, 2) removing the 13,640 square foot building (phase 2) at 368 Dorset Street used for a multiple number of commercial uses for a multiple number oftenants, and 3) constructing a 20,000 square foot medical office building along the eastern boundary of 364, 366, and 368 Dorset Street, as depicted on a one (1) page set of plans, page one entitled "South Burlington Realty", prepared by Greg Rabideau, dated 4/9/01 with the following stipulations: 1. This recommendation for approval of the proposed addition is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The determination of whether or not this application complies with all other requirements contained in the zoning ordinance shall be made by the Code Officer. 2. Prior to review by the Development Review Board the plans shall be revised to shove the changes listed below and presented to the Design Review Committee for review prior to final plat approval: a) Surface parking shall be located in a manner inat complies with Section 14.402. The parking at the corner of San Remo Drive shall be eliminated and any other parking space remaining with;-.- the building envelope along San Remo Drive shall be adequately screened from view from San Remo Drive. b) The proposed structure shall be located closer to the corner of San Remo Drive. 3 CITY CENTER DESIGN REVIEW COMMITTEE APRIL 10, 2001 c) The applicant should provide a color rendering of the facades proposed for 364 and the new building at 368 Dorset Street. d) Any utilities should be incorporated into the overall site plan and building elevations as design elements. The applicant should address how the HVAC will be incorporated into the design of the building. e) All proposed dumpsters should be screened and illustrated on the plans. f) Sidewalk connections from the doors on the east and south facade to the street should be provided g) No utilities should be illustrated on the south elevation. 3. Prior to review by the Development Review Board, cut sheets and specifications for all exterior lighting shall be submitted. 4. The applicant should be required to �nmply with the San Remo Drive Streetscape including, but not limited to, the planting of street trees and a sidewalk along all street frontage. 5. The proposed structure should utilize a high quality vinyl that does not use a simulated grain. 6. The Design Review Committee shall review any proposed alterations to the facades of 364 Dorset Street prior to construction. Ms. Benoit seconded. The application was unanimously denied. The meeting adjourned at 7:50 P.M. ` Chair �7Z50( Date 4 CITY OF SOUTH BIJRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 16, 2001 Jim Garbelotti 2026 Williston Road South Burlington, VT 05403 Re: Design Review Application, 205 Dorset Street Dear Mr. Gabelotti: Enclosed is a copy of the April 17, 2001 Development Review Board minutes. Please call if you have any questions. Sincerely, Sarah MacCallum, Associate Planner SM/mcp Encl DEVELOPMENT REVIEW BOARD 17 APRIL 2001 11. The final plat plans (sheet one and plat survey) shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plans shall be signed by the Development Review Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director. Mr. Boucher seconded. The motion passed unanimously. 4. Continued Public Hearing: Appeal #AO-00-Yd of Judge Development Corporation, Tekram Partners & Century Partners of a decision by the Administrative Officer Notices of Violation #NV-00-27, #NV-00-28 and #NV-0029 dated 9/26/00 for property at 100 and 102 Dorset Street and 4 Market Street: Mr. Cameron said he had a long conversation with the applicant's representative and couldn't get anywhere. Then he and Mr. Belair also met with them and tried to get this resolved. At the last Board meeting, it was clear that things are back where they were. He felt the Board should vote and not table the item again. Mr. Belair noted the decision of the Board is whether the applicant is in violation. A decision wouldn't preclude the applicant coming back to discuss the issue with him. The applicant will have to decide whether to appeal the DRB decision. All members agreed to proceed Mr. Farley then moved to uphold the Administrator's decision to issue Notices of Violation #NV-00-27, #NV-00-28 and #NV-0029. Ms. Quimby seconded. Motion passed unanimously. 5. Design Review Application #DR-01-01 of A+ Paging/Lincoln Communications to amenu a previously approved master signage plan. The amendment consists of legitimizing two existing non -conforming signs: 1) one free standing backlit panel sign totaling 12 sq. ft. in size which employs a white background with dark lettering, 2) one wall mounted backlit panel sign totaling 16 sq. ft. in size which employs a white background with dark lettering, 205 Dorset St: Mr. Dinklage noted that the Design Review Board has recommended the Development Review Board deny this application. Ll DEVELOPMENT REVIEW BOARD 17 APRIL 2001 Mr. Belair noted that a few years back the property had a new chiropractor's office. The Master Plan indicated that the sign for the property had to be brought into compliance by March 2001. The Ordinance is very clear, and there can be no waivers. Mr. Garvalani asked if the process requires a land owner's signature to change a Master Plan. Mr. Belair noted that the property is owned by Peter Jacob. Mr. Jacob was aware of the application, but it appears that he did not notify the tenant to change the sign within the 2- year time limit. Mr. Garvalani said they renewed their lease with Mr. Jacob and there was no mention of this. Mr. Dinklage said the Sign Ordinance is very tight. There is no discretion given -to this Board. When you have multiple tenants, you have to have master signage for the whole property, and you have 2 years to bring a sign into compliance. Mr. Garvalani said he felt the process is at fault as they were never told two years ago that their sign would have to be changed. Mr. Belair said the owner is the one notified. The owner is responsible to notify the tenants. He felt the city can learn from this incident and notify the tenants as well. Mr. Garvalani said the sign is done in their logo and colors. Mr. Cameron felt any application that involves signs should come from the landowner. If the applicant is not the owner, the owner should still be required to sign off. Mr. Garvalani said they are looking for some special consideration. Mr. Dinklage said the Board will discuss this situation and others that might be like it with the City Attorney. He suggested the applicant talk with the City Council who wrote the Ordinance. Mr. Cameron said if the issue is time, heis sympathetic to that. He didn't feel the Ordinance would be changed. Mr. Garvalani asked if he could remove the lightbulbs and be in compliance. Mr. Belair said he could as the stipulation in the Ordinance applies only to lighted signs. Mr. Cameron moved to give the applicant 6 months to comply with the Ordinance. Mr Kupferman seconded. The motion failed 2-4. Ms. Quimby moved to approve the draft motion as presented. Mr. Farley seconded. The motion passed 5-1 with Mr. Cameron voting against. 0 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 2, 2001 Jim Garbelotti 2026 Williston Road South Burlington, VT 05403 Re: Design Review Application, 205 Dorset Street Dear Mr. Garbelotti: Enclosed please find a copy of the Finding of Facts of the Development Review Board meeting on April 17, 2001 (effective date May 1, 2001). If you have any questions, please give me a call. Sincerely, Sarah MacCallum Associate Planner Enclosure CITY OF SOUTH RURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINOTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April6, 2001 Jim Garbelotti 2026 Williston Road South Burlington, VT 05403 Re: Design Review Application, 205 Dorset Street Dear Mr. Garbelotti: Enclosed is the agenda and memo for the April 10, 2001 Design Review Board meeting. If you have any questions, please give me a call. Sincerely, Sarah McCallum, Associate Planner SM/mcp Encls 5 4/10/01 MOTION TO RECOMMEND DENIAL A+ PAGING, 205 DORSET STREET I move the City Center Design Review Committee recommend denial of the design review application #DR-01-01 of A+ Paging/Lincoln Communications to amend a previously approved master signage plan. The amendment consists of legitimizing two (2) existing non -conforming signs: 1) one free standing backlit panel sign totaling 12 square feet in size which employs a white background with dark lettering, 2) one wall mounted backlit panel sign totaling 16 square feet in size which employs a white background with dark lettering, 205 Dorset Street, as depicted on a four (4) page set of plans, page one entitled "Master Signage Plan 205 Dorset Street", dated March 21, 2001 with the following stipulations: 1. This denial of the proposed sign design is based solely on the application's lack of compliance with the design review criteria contained in Section 19(e) and Section 23 of the South Burlington Sign Ordinance. 2. The plan does not identify all non -conforming signs and include a schedule in which these signs will be brought into conformance with the master signage plan and Sign Ordinance. All non -conforming signs must be identified and a schedule provided for conformance within two years as per Section 23 (h) of the South Burlington Sign Ordinance. 4/17/01 MOTION 1 O RECOMMEND DENIAL A+ PAGING, 205 DORSET :STREET I move the Development Review Board deny of the design review application #DR-01-01 of A+ Paging/Lincoln Communications to amend a previously approved master signage plan. The amendment consists of legitimizing two (2) existing non -conforming signs: 1) one free standing backlit panel sign totaling 12 square feet in size which employs a white background with dark lettering, 2) one wall mounted backlit panel sign totaling 16 square feet in size which employs a white background with dark lettering, 205 Dorset Street, as depicted on a four (4) page set of plans, page one entitled "Master Signage Plan 205 Dorset Street", dated March 21, 2001 with the following stipulations: 1. This denial of the proposed sign design is based solely on the application's lack of compliance with the design review criteria contained in Section 19(e) and Section 23 of the South Burlington Sign Ordinance. 2. The plan does not identify all non -conforming signs and does not include a schedule in which these signs will be brought into conformance with the master signage plan and Sign Ordinance. All non -conforming signs must be identified and a schedule provided for conformance within two years as per Section 23 (h) of the South Burlington Sign Ordinance. CITY OF SOUTH BURLINGTON ➢DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 13, 2001 Jim Garbelotti 2026 Williston Road South Burlington, VT 05403 Re: Design Review Application, 205 Dorset Street Dear Mr. Garbelotti: Enclosed is the agenda for the next Tuesday's Development Review Board meeting and my comments. Please be sure someone is at the meeting on Tuesday, April 17, 2001 at 7:30 P.M. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Raymond J. Belair, Administrative Officer Encls 2026 Williston Road So. Burlington, VT 05403 s:@NTRC1 Phone :(802)860-0000 Fax :(802)860-5037 March 21, 2001 Department of Planning & Zoning / City Council City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Sirs/Madam; 367 Barre -Montpelier Rd. Barre, VT 05641 Phone :(802)479-9888 Fax :(802)479-2413 I am writing regarding our current signage for our business A+ Paging, located at 205 Dorset Street, a property owned by Peter and Vilma Jacob. I was contacted approximately one week ago by Ray Belair regarding the enforcement of your new local ordinance for the Dorset street area notifying me that I had until March 23, 2001 to replace my signage. This action was apparently a result of an approved incomplete application for sign design that was submitted by John Floyd of Design Signs Inc. What was disturbing to me as a business tenant, and why I write this letter, is to point out some issues that I feel need to be addressed. My sign was placed prior to the ordinance coming into law, it is not offensive or excessively illuminated, nor in bad taste, so why should I now have to spend money to replace a perfectly good sign? If your ordinance changes again, and someone new applies within my building, will I again be forced to change my sign? When asked if I could appeal this decision, I was told that I missed my 30day appeal window based on the approval date of February 1999. This is especially troubling because I could not find written notification of the approved changes or appeal process within the file to the Jacob's or myself. Why is there no requirement that an applicant discus or obtain signatures from tenants that will be directly affected regarding an application for sign design? Why are there no provisions for discretion or grandfathering included in this ordinance with respect to signs predating this ordinance? Why doesn't the City send notification to affected parties during the application process, Landlord or tenants, to allow for participation? Lastly, it is my understanding that the property owner's signature was required and my application would be rejected with out the signature. Yet upon review of the 1999 decision I noticed that Peter Jacob had not signed Mr. Floyd's application. How is it possible that a sign company can obtain approval from the planning commission to alter a master signage plan on a property without the owner's signature? 334 Cornelia St. Cedar Commons Plattsburgh, NY 12901 Malone, NY 12953 Phone :(518)562-2000 www.contactbeep.com Phone :(518)483-5555 Fax :(518)562-3183 Fax :(518)483-5258 It has been stated to me that there is no room for discretion within this sign ordinance, yet as for mentioned, it would seem that there was with regards to the review and approval of an application lacking the property owner's signature. I am concerned about the discrepancies and lack of due process, therefore I respectfully request to retain our current signage and amend the master signage plan for 205 Dorset Street, in particular with respect to section 2c of the current plan, to read that our current signs as shown in photos remain in place as is. We have discussed this matter with Mr. Peter Jacob, the property owner and he is in agreement with this request. Cc: Mr. Paul Valois President Cc: Kathy Paskevich Office Manager MASTER SIGNAGE PLAN 205 DORSET STREET Property Owners: Peter and Vilma Jacob 79 Suburban Square South Burlington, VT 05403 i Applicant: Design Signs, Inc. 35 Batchelder Street Burlington, VT 05401 Contact: John Floyd The following Master Signage Plan is submitted in conjunction with applications to change the graphics on existing signs, for Rushford Family Chiropractic and Allstate Insurance. 1.) Freestanding Signs a.) Computation of maximum allowable size: "Freestanding signs may not exceed 32 square feet in overall dimensions and may be tit) higher than 12 feet..." [Section 8(e) (4) South Burlington Sign Ordinance]. The sign as currently in place is 32 square feet, 12 feet high. b.) Design Standards: The freestanding sign cabinet is an internally illuminated aluminum frame, with acrylic faces. Prior to the application for sign permits which require this master plan, 7/8 of the sign faces were white with dark letters, which does not comply with Section 19(e). With the approval of these permits, 5/8 of the sign will have dark backgrounds with white letters. A+ Paging, with the 3/8 sign face remaining white, will be required by the property owners, by terms of lease renewal, to comply with Section 19(e) by February 17, 2001. The sign posts are natural wood, with gray color and texture to match the building exterior. The sign base is landscaped with attractive plantings and wood mulch. The design of the sign faces is consistent with City Center goals, with graphics that are pedestrian oriented and aesthetically pleasing. The green background is complimentary to the landscaping, while the blue backgrounds are both a natural color and the standard used for the particular companys' logos (Allstate nationally and Howard Bank regionally). 2.) Wall Signs a) Computation of maximum allowable size: "Maximum total of all wall signs shall not exceed 50iu of (lie signable wall area or 100 square feet, whichever is smaller." [Section 9(c) South Burlington Sign Ordinance].On the main building, the signable wall area is 14' x 60', or 840 square feet. On the AVA building, the signable wall area is 8' x 20', or 160 square feet. The total signable wall area for this property of 1,000 square feet yields a maximum wall sign area of SO square feet. There are four wall signs currently in place. Two internally illuminated cabinets on the west wall of the main building are each 4' by 4', or 16 square feet, for a total area of 32 square feet. The sign with individual internally illuminated letters on the south side of the ATM building is V x 1 "1 % or 11 square feet. One F x 3' rectangular painted sign panel on the north side of the ATM building is 3 square feet. The grand total of existing wail signs is 46 square, feet. c.) Design Standards: 1.)Main building wall signs. Prior to the application for sign permits which require this master plan, both 4' x 4' illuminated signs had white backgrounds with dark letters. With the approval of these permits, one of the two signs will have a dark background with white letters. A+ Beepers, with the other sign, will be required by the property owners, by terms of lease renewal, to comply with Section 19(e) by February 17, 2001. The design of the new sign face graphics is consistent with City Center goals, with graphics that are pedestrian oriented and aesthetically pleasing. The green background is complimentary to the landscaping, while the blue background is both a natural color and the national standard used for the Allstate signs. 2.)ATINI building signs. These signs, for the Howard Bank ATM, are not affected by the pending applications. They are permitted signs, complying with all regulations, with no changes anticipated. They are also in compliance with City Center goals, with consistent color and graphic style, and are compatible and harmonious with the design of buildings nearby (the exterior signs at University .Mall, across the shared parking lot, are also individual internally illuminated letters). The plain painted "ATM" sign on the north side of the building, measuring V x 3', is as small as reasonably possible to allow effective communication of its message. ATTACHMENTS: l.) Plot plan, indicating the location of all signs. 2.) Photos of signs and building facades. 3.) Drawings of signs as proposed. DEVELOPMENT REVIEW BOARD MEMO APRIL 17, 2001 MEETING 5) A + PAGING/LINCOLN COMMUNICATIONS — SIGN DESIGN REVIEW APPLICATION, 205 DORSET STREET Design Review Application #DR-01-01 of A+ Paging/Lincoln Communications to amend a previously approved master signage plan. The amendment consists of legitimizing two (2) existing non -conforming signs: 1) one free standing backlit panel sign totaling 12 square feet in size which employs a white background with dark lettering, 2) one wall mounted backlit panel sign totaling 16 square feet in size which employs a white background with dark lettering, 205 Dorset Street. The City Center Design Review Committee reviewed this proposal at their 4/10/01 meeting. The Design Review Committee recommends that the Board deny the application with the following stipulations: 1. This denial of the proposed sign design is based solely on the application's lack of compliance with the design review criteria contained in Section 19(e) and Section 23 of the South Burlington Sign Ordinance. 2. The plan does not identify all non -conforming signs and include a schedule in which these signs will be brought into conformance with the master signage plan and Sign Ordinance. All non -conforming signs must be identified and a schedule provided for conformance within two years as per Section 23 (h) of the South Burlington Sign Ordinance. These signs were required to be brought into conformance with the sign regulations by 3/23/01. This was a requirement of a decision dated March 23, 1999 (see enclosed). The applicant does not wish to comply with this requirement and is seeking approval to leave the signs "as is". 6) & 7) BA.RRY & WARREN — SITE PLAN & CONDITIONAL USE APPLCIATIONS — CONVERT 3,000 SO FT OF AUTO REPAIR & SERVICE TO EQUIPMENT SERVICE & REPAIR INCLUDING RETAIL, 6 GREGORY DRIVE This project consists of amending a previously approved site plan for a 6,000 square foot building used for auto repair and service. The amendment consists of converting 3,000 square feet of auto repair and service use to equipment service and repair shop use that includes retail, 6 Gregory Drive. The last review of this property was on 6/ 14/94 (minutes enclosed). Staff recently discovered that the property has already been converted to the use requested without approval and without a zoning permit. Staff has placed the property owner in violation. The tenant and the owner were well aware that they could not change the use without an approval and a permit. It will be at least a month before the use can legally be changed. To: South Burlington Design Review Committee From: Sarah MacCallum, Planning and Zoning Assistant Re: April 10, 2001 agenda items Date: April 6, 2001 3) Design Review Application — Wall & Freestanding Signs — A+Paging/Lincoln Communications, 205 Dorset Street This project consists of amending a previously approved master signage plan. The amendment consists of legitimizing two (2) existing non -conforming signs: 1) one free standing backlit panel sign totaling 12 square feet in size which employs a white background with dark lettering, 2) one wall mounted backlit panel sign totaling 16 square feet in size which employs a white background with dark lettering, 205 Dorset Street. The proposed signs were identified as nonconforming in the master signage plan approved by the Planning Commission on March 23, 1999 (see enclosed). The signs were identified as nonconforming due to the fact that the signs are internally illuminated and employ a white background with dark lettering. The applicant was given until March 31, 2001 to bring these signs into conformance. Section 19(e) of the Sign Ordinance requires that internally illuminated signs employ a dark background with light lettering. The applicant is seeking to legitimize these signs. The Sign Ordinance prohibits the approval of these types of signs. Staff has informed the applicant of this and suggested that the applicant discuss the issue with the Planning Commission or City Council as the Ordinance would need to be amended to permit internally illuminated signs within the Dorset Street/City Center District which employ white background and dark lettering. The applicant may also choose to do away with the internal illumination in order to make the signs complying. Consistent Design: The existing sign is a nonconforming sign due to its use of a white background and dark lettering. The other internally illuminated signs on the property employ dark backgrounds with white lettering with the exception of a small section of the Rushford Family Chiropractic Center Sign which is not internally illuminated. There is another nonconforming sign internally illuminated sign across the street which employs a white background at the Buick dealership. This sign is a pre existing non -conforming sign that would have likely need to be replaced if altered. The Committee has recently required that several other similar nonconforming signs, such as the Fletcher Allen Replays sign at the Blue Mall, be brought into compliance. Due to the fact that the Sign Ordinance specifically states in Section 19(e) "In the Dorset Street/City Center Sign District, internally Design Advisory Committee Memo April 10, 2001 illuminated plastic signs with white or clear or other light colored backgrounds are not permitted" the proposed signs are therefore not conforming to the Dorset Street/City Center District and are thereby not consistent. City Center Goals: The proposed signs were previously identified as nonconforming signs due to fact that these signs employ a white background with dark lettering and are internally illuminated. The intention of this requirement is to prevent glare and provide for a higher degree of legibility. White backgrounds often provide such a contrasting background between the lettering and the background that the signs are hard to read. The applicant has submitted a letter (see enclosed) stating that the sign does not cast an excessive amount of light. While the applicant can offer information that the intent of the Sign Ordinance and the City Center Goals is being met, the fact is that the Sign Ordinance clearly states that internally illuminated signs which employ white or light colored backgrounds are prohibited. Color Texture and Materials: The signs employ a white background with red and blue lettering and therefore employ three predominant colors. The signs are luxan or plastic and have internal illumination. 4) Design Review Application— Wall Sign — Caswell Credit Union, 340 Dorset Street This project consists of amending a previously approved master signage plan. The amendment consists of 1) removing one 16 inches by 3 foot wall sign totaling four square feet, and 2) erecting one 40 inches by 70 inches non -illuminated wall sign, 340 Dorset Street. This property at 340 Dorset Street is located within the Design Review District Two. It is bounded on the west by Dorset Street, on the north by a mixed use office, retail, and residential building, on the east by San Remo Drive, and on the south by an office building. Consistent Desian: The approved master signage plan for the property calls for each business to be represented by two wooden, oval shaped, 16 inch by 3 foot signs. One of these signs was erected in September after the Development Review Board approved it at a larger size (40 by 70 inches). The proposed sign would therefore not be out of character with existing signs. Should the other approved wall signs be erected, the proposed sign would be nearly five times the size of the approved signs. While the proposed sign replicates the white background and oval shape of the approved signs, the applicant should be prepared to address the issue of scale in relation to other possible signs on the building as well as if there is a need to increase the size of the other approved signs for the property. City Center Goals: It is a goal of the City Center to promote legible signs of a high aesthetic quality which promote a human scale. The approved signs were to be hand painted to promote a high aesthetic quality. It is therefore recommended that the 2 Permit Number DR - CITY OF SOUTH BURLINGTON APPLICATION FOR DESIGN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on required design plans will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board. 1) Approval is being sought for (check all that apply): ❑ Design Plan Approval MR Sign Design Approval 2) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter Jacobs 79 Suburban Square South Burlington, VT 05403 802-862-8718 3) APPLICANT (Name, mailing address, phone and fax #) 1 • Williston •• South Burlington-,05401 860-5037 4) CONTACT PERSON (Name, mailing address, phone and fax #) Jim Garbelotti 2026 Williston Rd South Burlington, VT 05403 802-860-0000 5) PROJECT STREET ADDRESS: 205 Dorset Street 6) TAX PARCEL, ID # (can be obtained at Assessor's Office) n 5 7 n - n n 2 n Sr 7) PROJECT DESCRIPTION Provide a brief description of the improvement. or modification for which design review approval is being sought. If sign design approval is being sought, provide a description of the sign(s) type, size and height. and seeking approval to leave the existing signage in place. 1 two sided free standing—backl.a.t-.-.p�n�� sign--4' X 3' 1 wall mounted backlit panel s;qn 4' x 4' The information listed on Exhibit A attached shall be submitted along with this application form. Five (5) regular size copies and one reduced copy (I I" x 17") of all required plans and drawings (e.g., site plan, building elevations, sign details) must be submitted. 1 hereby certify that all the information request d as part of this application has been submitted and is accurate to the best of Amy knowledge. SIG URE ICANT SIGNATURE OF LAND/BUILDING OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this design review application and find it to be: 0 Complete 0 Incomplete Director of Planning & Zoning or Designee Date 9 Permit Number SN- - City ®f South Burlington, Vermont Application for Permanent Sign Permit 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter Jacobs 79 Suburban Sauare 2) APPLICANT (Name, mailing address, phone and fax #) A+ Paging 205 Dorset Street Sn Rlirl i ngt nn VT ng403 Corpornte Offi rP — 2026.Williston Road So Burlington, SIT 05403 Phone 802-860-0000 Fax 802-860-5037 3) SIGN LOCATION (include business name, address, & phone #): A+ Paging 205 Dorset Street So Burlington, VT 05403 802-865-9888 4) TAX PARCEL ID # (can be obtained at Assessor's Office) DS ,, 70 — 00 a O S C 5) SIGN ERECTOR (Name, mailing address, phone and fax #): Existing Signage 7) DATE OF ERECTION Existing S,�P 8) SIGN DATA WALL SIGNS (list size in sq. ft., illumination, & type such as panel or cut-out letter FREE-STANDING SIGN I- wrx 3' Awo soua 6cf. \k kk (?C'V\ek SIZE (in sq. ft.): 2• I-{'ktj, WALLVnLx)rx,�e UlCkV(X,\A OVERALL HEIGHT: SIGNABLE WALL AREA (in sq. ft.): — TYPE OF ILLUMINATION: — bcllc LL�t NOTE: A scaled rendering of each noting the dimensions of each sign. 9) DATE OF DESIGN REVIE 10) Applicant Signature: sign must be submitted illustrating the color of the sign and 11) Signature of Land/Bulldi � Owner VAL (if applicable): llv,'I�-k A-- ��A 0' Dated 0000moeuoe000000ammo®«��u0000a�000eooummn000areoouou►000muc�oa�maore0000000000a000000 Do not write below this line uuocsuuoomu0000�u�ouuomcuur�oeo��e0000000en0000®auouu000n®uoma�oouoA©uaou®000eoom000 Fee: Application: ❑ Rejected ❑ Approved Code Officer Signature: Date: V, L'I 4�11 154 IIU'Krl Eval N Cl- ,tA.1'eLAi:rK: CENIER 860-1239 1 , i wo I W aa. ..T rl R 7 - a I aryryl �� rgill qi't. =I AI Permit Number SN- City ®f South Burlington, Vermont Application for Permanent Sign Permit 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter Jacobs 79 Suburban Square So Rnrl i,nrrtan� VT 05403 802-862-871 8 2) APPLICANT (Name, mailing address, phone and fax /1) A+ Paging 205 DnrGet- Street so Rurl i ngtori, VT 0_I403 Corporate Offire - 2026 Williston Roar3 SrBurlingtnn; VT 05403 Phone 802-860-0000 Fax 802-860-5037 3) SIGN LOCATION (include business name, address, & phone #): A+ Paging 205 Dorset Street So Burlington, VT 05403 802-865-9888 4) TAX PARCEL ID # (can be obtained at Assessor's Office) DS:' 0 — 00oZ 6,S C 5) SIGN ERECTOR (Name, mailing address, phone and fax #): Existing Signage 7) DATE OF ERECTION Existing Signa_ge 8) SIGN DATA WALL SIGNS (list size in sq. ft., illumination, & type such as panel or cut-out letter FREE-STANDING SIGN I. W1y 3" -60 - �&A 6�k� �� P�,nek SIZE (in sq: ft.): 2. y' X i / W ALl_ V nOv [e Q? hC <�\ l VckI\A OVERALL HEIGHT: SIGNABLE WALL AREA (in sq. tt.): TYPE OF ILLUMINATION: bckckL '�k NOTE: A scaled rendering oreach propg1! sign must he submitted illustrating the color of the sign and noting the dimensions of each sign. ' 9) DATE OF DESIGN RE VIE ; FROVAL (if applicable): A-, 10) Applicant Signature: ' �/� .��1 Ll mat"e: 0 11 Signature of LandBui di � ,'" Owner- - Dater d i tl0000tl0tl®tltlOYOtltltlOtltl®o0i li®®Ytltltltl000190tltltltlV Otltic9mtlOOJm0l9Utl00tltltlOtl®tltltltltltltltltltltltltl Do not write below this line tlooc�ootltl000000Ao®ootlmc���sovootl000tltlootln0000tlamoou000neu►000000tlaotlsooe000000tlotle Fee: Application: ❑ Rejected ❑ Approved Code Officer Signature: Date: PLANNING COMMISSION 23 MARCH 1999 6. The applicant shall obtain a zoning permit within six months pursuant to Scction 27.302 of the zoning regulations or this approval is null and void. 7 The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the newly converted space. 8 Any change to the site plan shall require approval by the South Burlington PlanningiCommission. Ms. Barone seconded. Motion passed unanimously. 6. Design Review application of Design Sign, Inc., to change the graphics on 4 signs, 205 Dorset Street: Mr. Floyd explained that they are changing the top part of the signs only. The new graphics will have a dark background with light lcttcrs. No issues were raised. Mr. O'Rourke moved that the Planning Commission approve the design review application of Design Signs, Inc, to change the graphics on four signs, 205 Dorsct Street, as depicted on drawings and photographs prepared by Dcsign Signs, Inc, with a stamped received date of February 22, 1999, in accordance with the following stip- ulations: 1. This approval is for compliance with only the design review criteria contained in the South Burlington Sign Ordinance Via, Section 4(a)-(d)). The decision of whether or not this application complies with other provisions of the Sign Ordinance shall be made by the Code Officer. 2._In accordance with Section 23(h) of the Sign Ordinance, the two nonconforming signs on the property (A Plus Beepers) shall be brought into conformance with Sections 19(c) and 4 by 3/23/01. Sign design approval shall be obtained from the Planning Commission prior to changing these signs. 3. The applicant shall obtain a sign permit from the Code Officer within six months of this approval or this approval is null and void. 4. Any change to the sign design shall require approval of the Planning Commission. Ms. Barone seconded. Motion passed unanimously. 7. Sketch plan application of Evelyn Lamplough & Windjammer Hospitality Group to subdivide a 54.352 acre parcel into two lots of 1.476 acres, (lot # 1) and 52.876 acres (lot #2), 1076 Williston Road: Mr. Levering said the proposed subdivision would help them in their program to get some financing. They have been leasing property from Mrs. Lamplough and now want to exercise the option to purchase it. There is no additional development planned, and they are not trying to increase anything. 3 Permit Number SN- City Of South Burlington, Vermont Application for Permanent Sign Permit 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter Jacobs 79 Suburban Square Sr) Riirli:ncitan� VT 05403 802-862-8718 2) APPLICANT (Name, mailing address, phone and fax #) A+ Paging 205 DorSPt Street- Sn Rurl i ngfnn, VT 01;40'1 C nrpnrate Offi re - 2026 Wil listnn RnSn Burlington, VT 05403 Phone 802-860-0000 Fax 802-860-5037 3) SIGN LOCATION (include business name, address, & phone #): A+ Paging 205 Dorset Street So Burlington, VT 05403 802-865-9888 4) TAX PARCEL ID # (can be obtained at Assessor's Office) CAS%']®— 00of b S C 5) SIGN ERECTOR (Name, mailing address, phone and fax #): Existing Signage 7) DATE OF ERECTION Existing . icrnage 8) SIGN DATA WALL SIGNS (list size in sq. ft., illumination, & type FREE-STANDING SIGN such as panel or cut-out letter 1. W'x 3� Awo _ tkdeA 661. Uk Oclv_eQ SIZE (in sq: ft.): 2. I-{'ky'w/Au_vY,ojr`�e.� hckC,kL���U�e� OVERALL HEIGHT: SIGNABLE WALL AREA (in sq. ft.): TYPE OF ILLUMINATION: �ckL �t NOTE: A scaled rendering of each prop cd sign must be submitted illustrating the color of the sign and noting the dimensions of each sign. j n 9) DATE OF DESIGN RE VIE PkOVAL (if applicable):A + L i _ 10) Applicant Signature: ate: 0 , F 11) Signature of Land/Bui di Owner ' Dated 000mmoAuouuooeooamuo®oauuuuuou00000uoeooaou e®0000eo�►®ue©o0000momwues0000000000 Do not write below this line ouououowowouuo®mmuuoo�®eon►owa�oouu00000uouooamouu000nowooeou�rouaa�ouaauma®000000 Fee: _ Application: ❑ Rejected ❑ Approved Code Officer Signature: Date: Permit Number SN- City ®f South Burlington, Vermont Application for Permanent Sign Permit 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter Jacobs 79 Suburban Square So Buri:ngi one VT 05403 802-862-871 8 2) APPLICANT (Name, mailing address, phone and fax /1) A+ Paging 209 Dorset Street So Rurl i ncftcnT VT 05403 Cnrpnrat-e nffi ne — 2026 Wi 1 1 iston Read So Burlingtonf VT 05403 Phone 802-860-0000 Fax 802-860-5037 3) SIGN LOCATION (include business name, address, & phone #): A+ Paging 205 Dorset Street So Burlington, VT 05403 802-865-9888 4) TAX PARCEL ID # (can be obtained at Assessor's Office) US �]©— 0C) d U S C 5) SIGN ERECTOR (Name, mailing address, phone and fax #): Existing Signage 7) DATE OF ERECTION Existing Si gnagP 8) SIGN DATA WALL SIGNS (list size in sq. ft., illumination, & type such as panel or cut-out letter) FREE-STANDING SIGN I• Wax 3, -two She& 6(ItvNek SIZE (in sq: ft.): 2. y'Xy� w�t�vncx�n��� huG)(��'r VLkl\j OVERALL HEIGHT: SIGNABLE WALL AREA (in sq. ft.): TYPE OF ILLUMINATION: cy, At NOTE: A scaled rendering of each propv� sign must be submitted illustrating the color of the sign and noting the dimensions of each sign. ; n 9) DATE OF DESIGN RE VIE PROVAL (if applicable):At _ 10) Applicant Signature: �� ate: 0 , 11) Signature of Land/13 di Owners'° �� Date` , d e0000ee000eeeoeeeoe000auee®eoeeooaoeoodeeo eeeomu00000uooe000eoemooeeoeeooee000 Do not write below this line 000c+ooe000a0000saou000c�oda000r0000a00000000uoomeoumoonoc►oa►00000�aoe000eomoa000eeo Fee: Application: ❑ Rejected ❑ Approved Code Officer Signature: Date: 2026 Williston Road So. Burlington, VT 05403 Phone :(802)860-0000 Fax :(802)860-5037 March 9, 2001 NPAGIN"GWIRELESS - ANSWERINGjSERMVICES Ray Belair City South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Dear Ray, 367 Barre -Montpelier Rd. Barre, VT 05641 Phone :(802)479-9888 Fax :(802)479-2413 I received and reviewed your fax regarding the A+ Beepers signage located at 205 Dorset Street. It is my opinion that the city's current application process for designing, or in this case re -designing a property's sign or signs is flawed because it does not require the participation, signature or involvement of the parties most affected — the business owners/tenants. As a result to the above stated process, my company was unaware of our right to appeal within a since expired time frame, a decision that we were unaware of. I therefore respectfully request that we be allowed to appeal the decision contained in your fax with respect to our signage. I will await your response and thank you for your prompt attention regarding this matter. Sinc�el' JimGarbelotti GSM Cc Paul Valois President Kathy Paskevich 334 Cornelia St. Cedar Commons Plattsburgh, NY 12901 Malone, NY 12953 Phone :(518)562-2000 www.contactbeep.com Phone :(518)483-5555 Fax :(518)562-3183 Fax :(518)483-5258 N O)t r# WAZ L WE, rr WA 11. No Text j a u, AWr ,NFAmwy AL-Tv- 860-1239 AMSMA' - i-M-1 4 F LISHFORD FAmiry CHIP\OPRACTIC CENTEP\ 860-1239 Allstate Fl I, `dccess OFEPERS A+ PAGIN : . WEST WALL 4' x 4' interior -illuminated wall signs LHoward Bank ccess 11' ATM Building - South Wall ATLI ATM Building - North Wall CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 8, 1999 John Floyd Design Sign, Inc. P.O. Box 1048 Williston, Vermont 05495 Re: Sign Design Review, 205 Dorset Street Dear Mr. Floyd: Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on March 23, 1999 (effective 3/31/99). Please note the conditions of approval. If you have any questions, please give me a call. Y, Weith, Director fining and Zoning JW/mcp 1 Encl CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 5, 1999 John Floyd Design Sign, Inc. 35 Batchelder Street Burlington, Vermont 05401 Re: Sign Design, 205 Dorset Street Dear Mr. Floyd: Enclosed are my preliminary comments on the above referenced project. If you have any questions, please give me a call. Since ely, &ate Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encl MEMORANDUM To: Applicants/Project f iles From: Raymond J. Belair, oning & Planning Assistant Re: Preliminary comments, March 23, 1998 agenda items Date: March 5, 1999 MAGIC HAT BREWING COMPANY — a plat should be submitted showing the entire PUD. — the applicant should provide landscaping around the proposed wastewater treatment equipment to mitigate its visual impact from Bartlett Bay Road. — applicant should submit a statement addressing potential noise and odor impacts resulting from the equipment. EVELYN LAMPLOUGH & WINDJAMMER HOSPITALITY GROUP - 2 LOT SUBDIVISION - SKETCH PLAN proposed subdivision results in lot #2 having 50 feet of frontage on Williston Road. Section 25.00 of the zoning regulations requires a minimum of 200 feet of frontage. BUDGET CAR & TRUCK RENTAL - AUTO SERVICE & REPAIR - SITE PLAN — plan should be revised to show a bike rack. — the building mounted flood lights located at either end of the building and the pole mounted flood lights should be replaced with downcasting shielded fixtures approved by the Director of Zoning & Planning. — a portion of the property, at the northwest corner, beyond the paved area is being used for vehicle and boat storage. This is not allowed since this area would have to be counted towards overall coverage which is currently at the limit. DESIGN SIGN. INC. - NEW SIGN - DESIGN REVIEW information and plans submitted are acceptable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 November 9, 1998 Peter L. Jacob 79 Suburban Sq. So. Burlington, VT. 05403 RE: Medical Office, 205 Dorset Street Dear Mr. Jacob: ZONING (802)658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Director of Planning and Zoning on November 6, 1998. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. nd Zoning CITY OF SOUTH BURLINGTON W� APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Planning Commission. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Peter L & Vilma C Jacob 2) APPLICANT (Name, mailing address, phone and fax #) 3) CONTACT PERSON (Name, mailing address, phone and fax #) 4) PROJECT STREET ADDRESS: �.r. sw:r��lR *1W.M= W5N.ER9I■ 5) TAX MAP NUMBER (can be obtained at Assessor's Office) 6) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) 2'7?(1—gq feet €ormeriy real estate e€€Tee 1180 sq. feet Contact Communication- retail b) Proposed Uses (include description and size of each new use and existing uses to remain) ,�'0g() s� . FP -Ph 1180 retail --- 720 eneral office---- c) Total building square footage (proposed buildings and existing buildings to remain) 4000 sc ft d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) raised ranch type 2 floors used . e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees (existing and proposed): 8 present possible exiaansi on g) Other (list any other information pertinent to this application not specifically requested above): former doctors Off i (fie, fnrmPr z syr•boi nisi st and thgrap of-f-Ee f C)YmPY rPa l QstatQ €; 9g - e11IL 61-}'}g�-8—ge e- re 7) LOT COVERAGE a) Building: Existing �i- % Proposed none % b) Overall (building, parking, o sid storage, etc) Existing % Proposed none % c) Front yard (along each street) Existing p crane% Proposed % 3) COST ESTIMATES a) Building: $ b) Landscaping: $ c) Other site improvements (please list with cost): glass partition up 9) ESTIMATED TRAFFIC a) Average daily traffic (in and out): b) A.M. Peak hour (in and out): c) P.M. Peak hour (In and out): 10) PEAK HOURS OF OPERATION: 11) PEAK DAYS OF OPERATION: 12) ESTIMATED PROJECT COMPLETION DATE: completed 13) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). I hereby certify that all the information requested as part of this application has been submitted and is accurate to the be§# of my knowledge. SIGNAT ' OF APPLICANT SIGNATU OF CO -APPLICANT Do not write below this line DATE OF SUBMISSION: /v REVIEW AUTHORITY: ❑ Planning Commission City Planner I have reviewed this site plan application and find it to be: LJ Complete (Apfrmsp) Planner or Designee Incomplete t- r IL)I* f& EXHIBIT A SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (11" x 17") of the site plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Planning Commission. • Lot drawn to scale (20 feet scale if possible) • Survey data (distance and acreage) • Contours (existing and finished) • Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations • Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping • Existing and proposed curb cuts, pavement, walkways • Zoning boundaries • Number and location of parking spaces (as required under Section 26.25 of the zoning regulations) • Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) • Location of septic tanks (if applicable) • Location of any easements • Lot coverage information: Building footprint, total lot, and front yard • North arrow • Name of person or firm preparing site plan and date • Exterior lighting details (must be down casting and shielded) • Dumpster locations (dumpsters must be screened) • Bicycle rack as required under Section 26.253(b) of the zoning regulations • If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE ® New Application $ 60.00* Amendment $ 35.00* * Includes $10.00 recording fee (Apfrmsp) G 6V I - i�� 0)(A 1 l gaa 4\, �0, 3� �Gn��'� ��'�;, �/Zug' / �v = � T d�1 � 86 � /��° G ---------------- a�� City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 21, 1994 Mr. Peter Jacob 79 Suburban Square South Burlington, Vermont 05403 Re: ATM/Storage Building, 205 Dorset Street Dear Peter: ZONING ADMINISTRATOR 658-7958 This letter is intended to confirm our conversation of a couple of weeks ago. The Planning Commission's approval for the above referenced application included the following condition: "Prior to operation of the ATM building, the Planner shall observe the existing floodlight on the property to determine whether glare from the light source is being cast beyond the property line. If the Planner determines that glare is being cast beyond the property line, the applicant shall remove the floodlight and install downcasting shielded fixtures in a location approved by the City Planner". As we discussed previously, I have determined that the floodlight is casting glare beyond the property line, therefore, the light must be removed. I suggest that a downcasting fixture be installed in the same location as the floodlight. Also, a couple of fixtures should be installed on the building near the front entrance. I believe that these lights in combination with the lights to be installed on the new ATM building should sufficiently light the parking area. The floodlight should be removed prior to use of the ATM building. Please contact me if you have any questions. 4Si cerely r J e Weith, City Planner JW/mcp cc: Richard Ward Ray Belair City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 2, 1994 Michael Dugan 25 Pinecrest Drive Essex Junction, Vermont 05452 Re: ATM/Storage Building, 205 Dorset Street Dear Mr. Dugan: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on September 20, 1994. Please note the conditions of approval. If you have any questions, please give me a call. ncerely, J Weith, Ci y Planner 1 Encl JW/mcp cc: Peter Jacob City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 27, 1994 Michael Dugan 25 Pinecrest Drive Essex Junction, Vermont 05452 Re: ATM/Storage Building, 205 Dorset Street Dear Mr. Dugan: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the September 20, 1994 Planning Commission meeting minutes. Please note the conditions of approval. If you have any questions, please give me a call. Si erely tkj�q&-- Jo Weith, Ci y Planner JW/mcp cc: Peter Jacob PLANNING COMMISSION 27 SEPTEMBER 1994 The South Burlington Planning Commission held a meeting on Tuesday, 27 September 1994, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, David Austin, Mark Crow, Gayle Barone Also Present: Joe Weith, City Planner; Susan Julien, Gino Peyton, Raymond Nalerand, Jr., Bob Lambert, J. C. Jinot, Dan Quesnel, Richard Antone, Richard Swan, C. Giroux, Gregg Birdsall, Dave Maclaughlin, George & Deborah Thibodeau, Gary Farrell, Colin Lindberg, Son Cha Lee, John Larkin, Greg Rabideau, Peter Jacob, Michael Dugan 1. Other Business: a) Mr. Weith noted that the Nowland subdivision on Spear St. had to get a conditional use approval from the Agency of Natural Re- sources, one condition of which is that they have to plant cedars at the edge of the wetland. This will result in a revised plan. Since it is a minor change, Mr. Weith recommended going to revised final plat. Members agreed. b. Mr. Burgess advised members of seminars being offered by the Extension Service. 2. Site Plan application of Michael Dugan to construct a 288 sq. ft. building to contain a 186 sq. ft. bank ATM and 102 sq. ft. of storage space. This building would be constructed on a lot developed with an office/retail building, 205 Dorset Street: Mr. Burgess stepped down due to a conflict of interest. Mrs. Maher assumed the Chair. Mr. Jacob explained that the ATM would be located at the corner of the Janes & Jacob lot. The small storaqe and trash build- ings currently there would be removed. Trash and storage would be in the rear of the new building, all under one roof. They have gotten a setback variance from the Zoning Board. The building would be located 1.5 ft. from the property line. Mr. Dugan said the color, shape and texture of the new building will be similar to the Janes and Jacob building. Mr. Jacob said $800 in landscaping is required. However, he just spent $1,000 putting in all new shrubs to replace what the Dorset St. project destroyed. Next spring he will be landscaping the area where the sign is. Shrubs won't last in many areas due to PLANNING COMMISSION 27 September 1994 page 2 salt use. Mr. Weith recommended landscaping in the green strip in the northeast corner. It must be a salt resistant shrub. Members agreed the applicant should try to find such a planting. Mr. Weith said the outside display area should be shown on the plan and there also must be a bicycle rack. Mrs. Maher noted that 42 peak hour trip ends are projected. Mr. Weith said the property is in the Area #1 Williston Rd. improvement fund zone which will require $5,241 to be contributed based on the trip ends. Mr. Austin suggested an "entrance only" at the access to the Mall road and that this be signed. Mr. Jacob said he has a light on the building which illuminates the front entrance. He feels this is a safety feature as he has employees who work into evening hours. Mr. Weith said the stan- dard is downcasting, shielded fixtures, and the light currently there is a floodlight. He asked that it be replaced with an al- lowable fixture. Members agreed to have Mr. Weith take another look at the light to see if it is in fact needed for safety. Mr. Birdsall of University Mall noted there is a boundary discrepancy that he would like to see solved before final ap- proval of this project. He said the Mall wants to see the pin in the correct position. Mr. Jacob acknowledged that the pin had been moved during the road project and that it will be re- placed properly. Mr. Austin said this problem is between Mr. Jacob and the Mall. The Commission can only give approval for what is allowed; if it can't be built for other reasons, that is the applicant's problem. Mr. Austin_ moved the Plannin 2oamis�sion_approve the site plan approval_�of Michael Dugan to construct a 288 sg� ft. building to contain a 186 sg. ft. bank ATM and 102 sgW f_t. of storage space_. This buildinq would be constructed on a lot developed with an office/retail b_u_ildin , 205 Dorset Street, as depicted on a Plan entitled "The Howard Bank, Janes & Jacob Buildin , 205 Dorset Street South Burlington, Vermont,_"oreoared b Michael —Dugan, data_ d Augusta, 1994 with a_l_ast_ revision date _of9/12/9.4 with the following stipulations: 1. All previous�aaoorovals and stipulations which are not �super- seded b��thi_s�aoroval_shall_ remain in effect. 2. The plan shall be revised prior to issuance of a zonin build- ing -permit to show the changes l sted below and shall require ap- proval�of�the City Planner._ Three_coPies�of the —approved —revised lan shall be submitted to the Cit �Plnnner rior to permit is- PLANNING COMMISSION 27 September 1994 page 3 suance._ a. T_he la_n shall be revised to show_ parkin outside d_i_solav�area �and Wthe n �otes-shal7be7 dicate�that W23-oarking_soaces are provided. space 42 as an revised to in- b. The_olan_shall be revised to show �additional �landscap' in the new seeded area a_lon_ Dg orsett Street too screen parked cars. The_landscaping_m4y_tt_WolantedWafter the �installation �of guards by theWVAOT. c. The plan-shall�beW revised to�show �a�bikerack. 3. Prior_to operation of the ATM buildingL the Planner shall ob- serve the existing-floodli hght on the_proeertyto determine whetherWglarerfrom �the li hght source is beino_cast�beyond the property line. If�the �Planner determinesthatis being cast beyond the orooerty_lineL the applicant shall �remove �the floodlight-and-install�downcastingLWsheilded�fixtures �in�a�loca- Lion_approved_bv_the_CitV_Planner. 4. Any new exterior �lightino shall consist of downcastingL shielded _fixtur_es so as not to cast lioht beyond the property line. Any�new _lichtin or change is xistino lighting shall be approvedby the City Planner prior to installation. 5. The_ acolicant�shall_b_e required�to�contribute �$5,241 to the Williston Road Area I�Imorovement Fund based on the 42 additional P.M,,_ptak hour_trip ends exoected�to�bd_oenerated by the or000sedd ATM. 6. An $810 landscape bond shall be posted prior_ to issuance of a zonin��building_permitWto cover the cost of the new landscanino 'The bond shall main in effect for three v ears to assure that - ---- - ----- -_.. reWw - - --- --------- -- - - .r,._...W�..------- -- ----------------------•-- the landscaping+ raswtakenJ root and has a_good_criance of surviving! 7. The soclicantWshall obtain a zoning/building-permit within six months �or�this.2k2roL7al is null and void,. 8. The applicant shall obtain aCertificate of_O_ccuoancsfrom the Administrative �officer prior to occuoancv of the ATM/storage ouliaing. 9. Apyohysical�changesto theelan shall_reguire the approval of the PlannineCommission. 10. Theplan_shall�be�revised to indicate that the southerLz access_ shall be one way enter only. Signs shall_ be installed which clearly -identify the southerly access as an "enter only„ PLANNING COMMISSION 27 September 1994 page 4 or similar message. Mr. Crow seconded. Motion passed—unanimouslv.— Mr. Burgess rejoined the Commission. 3. Sketch plan application of Hospitality Inns, Inc, dba Sheraton Burlington Hotel & Conference Center to remove a 200 seat res- taurant building and construct a 10,000 sq. ft. retail/office building in its place on a lot containing a 315 room hotel and conference center, 870 Williston Rd: Mr. Lindberg said the whole front building and bridge will come down. The footprint of the Sheraton will be reduced, and the building will be moved back from the road. They are asking for parking on the east side of the building, The stone wall will remain. There will be no parking in the courtyard which will be for pedestrians only. The new building will be single story with a sloped roof, compatible with the rest of the Sheraton archi- tecture. Mr. Lindberg showed a conceptual drawing of the new bulding. They will comply with all setbacks and parking require- ments. It is anticipated that the new use will require less water and less energy. Mr. Weith noted that the parking proposed to the east is within the Conservation Zone. Mr. Burgess said the Commission cannot waive this. Mr. Lindberg said they will come back with a solution. Mr. Farrell said they will make every effort to save and move landscaping. They have configured the building to save one very large tree. 4. Public Hearing: Revised Final Plat application of L & M Part- nership to amend a planned unit development consisting of 150 residential units, a 61 room hotel, 0;000 sq. ft. movie theatre (1000 seats),a 22,500 sq. ft. restaurant/retail/indoor recreation building, a 3500 sq. ft. restaurant with drive -through service, and a bank with drive -through service, located on Shel- burne Rd. The amendment consists of relocating a 30-unit multi- family bulding (#5) and associated parking: Mr. Rabideau said the move is necessary because of sub -standard soils. The total number of units and parking will stay the same. This is a 30-unit building with underground parking garage. They are trying to relocate 5 apple trees. If they can't, they will provide the value of the trees in new landscaping. Tenants of Larkin Terrace presented the Commission with a peti- tion. They have a major parking problem and safety issue. Mr. Peyton noted they lost their parking when the road came through and there are not enough spaces near the residential building ' 1 9/27/94 MOTION OF APPROVAL MICHAEL DUGAN I move the South Burlington Planning Commission approve the site plan application of Michael Dugan to construct a 288 square foot building to contain a 186 square foot bank ATM and 102 square feet of storage space. This building would be constructed on a lot developed with an office/retail building, 205 Dorset Street, as depicted on a plan entitled "The Howard Bank, Janes & Jacob Building, 205 Dorset Street, South Burlington, Vermont" prepared by Michael Dugan, dated August 1, 1994 with a last revision date of 9/12/94, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plan shall be revised prior to issuance of a zoning/building permit to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The plan shall be revised to show parking space #2 as an outside display area and the notes shall be revised to indicate that 23 parking spaces are provided. b) The plan shall be revised to show additional twhic-h-- --has a mini -mu 1. i-- in the new along Dorset Street to screen parked cars. landscaping seeded area c) The plan shall be revised to show a bikerack. J. The- -appldcant---shall- __repla.ce the.- existing floodligbet---with a downcasting shielded -fixture-prior- to--oe­cupanc­y---off -the--ATM/storage . All new exterior lighting shall consists of downcasting shieldedfixtures so as not to cast light beyond the property line. Any new lighting or change in existing lighting shall be approved by the City Planner prior to installation. 4. The applicant shall be required to contribute $5241 to the Williston Road Area 1 Improvement Fund based on the 42 additional P.M. peak hour trip ends expected to be generated by the proposed ATM. 5. An $810 landscape bond shall be posted prior to issuance of a zoning/building permit to cover the cost of the new landscaping. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 1 ,6" The applicant shall obtain a zoning/permit within six (6) months or this approval is null and void. a: The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the ATM/storage building. Any physical changes to the plan shall require the approval of "the Planning Commission. /D. 2 M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: September 27, 1994 agenda items Date: September 23, 1994 2) PETER JACOB - ATM/STORAGE BUILDING - SITE PLAN This project consists of the construction of a 288 square foot building to contain a 186 square foot bank ATM and 102 square feet of storage space. This building would be constructed on a lot currently developed with an office/retail building. The Zoning Board of Adjustment (ZBA) on 8/22/94 granted the applicant a variance to allow two (2) principal buildings on the same lot and to exceed lot coverage. The ZBA on 9/26/94 will consider a variance request from the applicant to allow the proposed building to project into the side and rear setbacks. k. �YNTt.Q.7 This property located at 205 Dorset Street lies within the Cl District. It is bounded on the north, south and west by the University Mall and on the east by Dorset Street. Access/circulation: Access is provided by a 30 foot curb cut on the U-Mall south access drive and a mutual access with U-Mall along the west boundary. No changes proposed. Circulation is adequate. Coverage/setbacks: Building coverage is 20.2% (maximum allowed is 30%). Overall coverage is 87.5% (maximum allowed is 70%). The ZBA on 8/22/94 granted the applicant a variance to exceed the coverage limitations. Front yard coverage is 75.7% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. The proposed structure will not meet the required side and rear yard setback requirements. The applicant is scheduled to meet with the ZBA on 9/26/94 seeking a variance from these setback requirements. Landscaping: The minimum landscaping requirement, based on building costs, is $810 which is not being met. Applicant is requesting a credit of $550 for existing landscaping. Staff recommends additional landscaping in the new seeded area along Dorset Street to screen parked cars. 1 Memorandum - Planning September 27, 1994 agenda items September 23, 1994 Page 2 Parking: The existing and proposed uses require a total of 18 parking spaces and 24 spaces are being provided. The parking aisle serving the double row of parking is 17 feet in width or seven (7) feet short of the 24 foot requirement. This is a pre-existing condition which will not be made worse by this application. Parking space #2 is being used for the sale and display of retail 1, goods. If this practice is to continue, the plan should be revised Cr -,tn to properly identify this area for that purpose and not for (�"`P parking. A bikerack should be provided. z Lighting: Exterior lighting consists of one (1) metal halide lamp ' of unknown wattage with a sharp cut-off luminare mounted on a 20 foot pole and a floodlight of unknown type and wattage mounted on the existing building. The floodlight should be replaced with a downcasting shielded fixture. -f , ,All Sewer: No additional allocation needed. Other: The existing northeast corner boundary marker on the site is not located as shown on a survey of the property prepared by Pinkham Engineering dated 7/22/94 which is the basis of this site plan (see enclosed). Applicant should explain this discrepancy. Traffic: The applicant submitted a traffic impact assessment (see enclosed). The report concludes that the ATM would generate approximtely 42 P.M. peak hour trip ends. Motorists using the ATM ,Y^�� will have the longer delays in the left turn exiting maneuver (LOS "D"). The other movements, including the Dorset Street signalized`% intersection, operate at LOS "A" or "B". 3) SHERATON - RETAIL/OFFICE BUILDING- SKETCH PLAN This project consists of amending a Planned Unit Development to remove a 200 seat restaurant building and construct a 10,000 square foot retail/office building in its place on a lot containing a 315 room hotel and conference center. A major expansion of the hotel was approved on 1/5/88 and amended on 5/30/89 (minutes enclosed). This property located at 870 Williston Road lies within the Cl District. It is bounded on the west by undeveloped lands of UVM, on the north by the UVM commuter lot, on the east by I-89 and on the south by Williston Road. 2 .2 — /�v —S�Sftn� Ju PINKHAM ENGINEERING ASSOCIATES, INC. Engineers -A Planners ❖ Landscape Architects Surveyors TRAFFIC IMPACT ASSESSMENT HOWARD BANK ATM AT JANES & JACOB LOT (DORSET STREET) September 15, 1994 The purpose of this report is to identify traffic impacts of a proposed free standing Automatic Teller Machine (ATM) on the northwest corner of the Janes & Jacob commercial lot near the University Mall south access to Dorset Street. The building would be about 20' by 16' in size, with details shown on the project plans. 1. Physical Conditions Patrons of this proposed ATM would be "walk-ups" from either the Janes & Jacob lot or from University Mall parking, with primary vehicular access being the Janes and Jacob drive off the University Mall south entrance/exit. 2. Trip Generation and Design Hourly Volume Traffic which can be expected from the ATM is estimated from recent counts taken by this consultant at a similar "stand-alone" ATM on Williston Road, and compared to data published in the Institute of Transportation Engineers Journal of November 1992, which studied trip -making characteristics of banking facilities. The forecast volume is 42 trip ends in the PM peak hour. 3. Projected Traffic Volumes Traffic volume data for the University Mall south drive was available from the Vermont Agency of Transportation (VAOT) design plans for Dorset Street construction. Their 1990 PM peak hour volumes were multiplied by a projection factor of 1.09 (Group D - Urban) to year 1995 for possible opening date, and the ATM generated trips added. 4. Capacity Analysis The effects of the proposed ATM are evaluated based on projected traffic volumes and the capacity of the nearby roadway network to accommodate these volumes. Typically, roadway intersections govern the capacity of the roadway network. This traffic study analyzes the level of service at the University Mall south access at Janes and Jacob drive to identify the potential impact, and is based on the 1985 edition of the Highway Capacity Manual. The Maltex Building - 431 Pine St.. Burlington, VT 05401 v Bus. (802) 658-5588 ❖ Fax (802) 658-3629 Traffic Impact Assessment Howard Bank ATM at Janes & Jacob Lot September 15, 1994 Page 2 Level of Service (L.O.S.) is a qualitative measure of how a motorist perceives traffic conditions. Delay experienced at intersections by motorists is the criteria used to define L.O.S. The following table defines L.O.S. in general terms for unsignalized intersections. Level of Service A B C D E F Level of Service to Side Street Traffic Little or no delay Short traffic delays Average traffic delays Long traffic delays Very long delays (*) When demand volume exceeds the capacity of the lane, extreme delays may be encountered which may cause severe congestion affecting other traffic movements through the intersections. This condition, if substantial numbers of vehicles are affected, usually warrants improvement to the intersection. The capacity analysis for 1995 for the peak hour performed at the Janes & Jacob driveway (see Appendix A), indicates a "D" LOS for exiting left turns, with an "A" LOS for exiting right turns and LOS "A" for University Mall entering left turns. The capacity analysis for year 1995 PM peak hour performed at the Dorset Street signals (see Appendix B) finds an overall LOS "B" for the intersection. 6. Conclusions: The proposed ATM could generate approximately 42 trips (one way) during the 1995 PM peak hour, but many of these are probably multi -purpose trips which are already in the traffic stream. Motorists patronizing the ATM (and Janes & Jacob traffic) will have the longer delays in the left turn exiting maneuver; however, los "D" is considered acceptable in this urban situation. All other movements, including those in the more important Dorset Street signalized intersection, operate at LOS "A" or "B". Traffic Impact Assessment Howard Bank ATM at Janes & Jacob Lot September 15, 1994 Page 3 Realizing that University Mall through traffic will essentially operate uninterrupted by driveway traffic, it is concluded that the proposed ATM installation will not create an undue adverse impact on area traffic operations. Prepared by: Robert M. Alexander, P.E. Traffic Engineer K:...\7164\IMPACT 2. S3NVI _______ _______ _______ ------- Gs 8N 8m 83 ------------------------- ____________________________________________ S3NV! AO 838WON 1H9I8 0 -- 999 99E O8Hl 8S 8N 8M 83 S3WDIDA 3IAAVjJ NBIS 6OlS ZONRO8HlnOS WAl VO8lNO3 lS3M/iSV3 :NOIl338I0 133HlS 8OMW N0I133S83lNI-1 M6Al N0I133S831NI _____________________________________________________________________ 1O8lNO3 ONW MA1 N0I133SW1NI `l�n8 ^oS ^^M 4esi0O 110 'W1V MueG PAwwoH ^^^^NOIlVW8CANI WHlO Jnoq lead W6 96' ^^`^^^^^^^^^^^^^^O3ZAIVNV O0I836 SWIl 06-01-6 ^^^~^~(AA/PP/ww) SISAIVNV 3Hl JO 31W MPuE:elV^8-`S8SN3 WVHANI6 ^^`^^^^~^^^^^^^^^^lS/\I V N V 3H1 AO 3W�N exIjp qoze2 q seuer ^^^`^^^l338lS HlOOS/Hl8ON 3H1 YO 3WVN ssenze unos lleW-O ^^^`^^^^^1338lS lS3M/lSV3 SHl A3 WWI 0000T ^^^^^^^^^^^^^^^^^^^^^^NOIlV!O6Od V38' 6^ ~^^^^^^^^^^~^^^^^^^^^8Ol3vi 8OOH )1UNJ 0S `^1338lS 8OMW ^0536S SNINNO8 38V83AV _____________________________________________________________________ NOIlVW8OANI 8NIAM1N30I ********************************************************************* T-e5e6 SNOIl33S83lNI 03ZIIVN9ISNO :W3H 286T v �� \y ��/������ I1 � � ) ,r / ---------------------------------------------------------------------- PE=.f= CE NT RIGHT TURN CURB RADIUS (it) ACCELERATION LANE GRADE ANGLE FOR RIGHT TURNS FOR RIGHT TURNS 20 IY WESTBOUND 0.00 9_ L_ i. ] ry NORTHBOUND ----- --- ---- - 901 VEHICLE COMPOSITION --------------------------------------------------------------------- X =LI _1..RUCK.._ ;. COMBINATIO11 AND RV'S VEHICLES MOTORCYCLES ------------- EAST =D IND :? i 1 WESTBOUND 3 1 1 S !� ITHBC71-!ND CRITICAL SAPS ---------------------------------------------------------------------- T n-ULAR VALUES AilJUSTED SIGHT D I ST . FINAL (Table 10-2) VALUE ADJUSTMENT ISTMENT CRITICAL GAP MINOR RIGHTS MAJOR LEFTS MINOR LEFTS E 7. 00 7.00 0.00 7. 00 IDENTIi=YINS INFORMATION NAME OF THE EAST/WEST- STREET...... I I -Pall south access NAME rME OF THE NORTH/SOUTH STREET .... Janes ,, ac_b drive DATE AND TIME OF THE ANALYSIS ..... 9 - 1 4 - . '-r ; W 5 PM peak hour OTHE R INFORMATION .... Howard F;;,y-?k ATMx o ; i' Dorset St.: So. Burl. � A I Vde, CAPACITY AND _____________________________________________________________________ LEVEL -OF -SERVICE Page-3 POTEN- ACTUAL TIAL MOVEMENT SHARED RESERVE FLOW- RATE CAPACITY CAPACITY CAPACITY CAPACITY MOVEMENT v(pcph) c (pcph) c (pcph) c (pcph) c = c - v LOS _______ p ________ M _________ SH ____________ R SH ____________ ---- MINOR STREET SB LEFT 23 179 178 > 178 > 155 > D > 290 > 243 >C RIGHT 23 775 775 > 775 > 751 > A MAJOR STREET EB LEFT 6 533 533 533 527 A IDENTIFYING INFORMATION NAME OF THE EAST/WEST STREET...... U-Mall south access NAME OF THE NORTH/SOUTH STREET.... Janes & Jacob drive DATE AND TIME OF THE ANALYSIS..... 9-14-94 ; '95 PM peak hour OTHER INFORMATION.... Howard Bank ATM, off Corset St., So. Burl. 1985 HCM: SIGNALIZED INTERSECTIONS SUMMARY REPORT ************************************************************************** INTERSECTION..U-Mall South drive/Dorset St. AREA TYPE.....OTHER ANALYST ....... PINKHAM ENGRG.-R.Alexander DATE .......... 9-14-94 TIME ........... 95 PM peak hour COMMENT ....... Howard Bank ATM @ Janes & 3acob lotr So.Burl. __________________________________________________________________________ VOLUMES : GEOMETRY EB WB NB SB : EB WB NB SB LT 21 11 339 11 : LT 12.0 LTR 12.0 L 12.0 L 12.0 TH 0 5 403 371 : R 12.0 12.0 T 12.0 T 12.0 RT 354 11 11 227 : 12.0 12.0 TR 12.0 TR 12.0 RR 120 0 0 20 : 12.0 12.0 12.0 12.0 : 12.0 12.0 12.0 12.0 : 12.0 12.0 12.0 12.0 -------------------------------------------------- AD3USTMENT FACTORS ________________________ GRADE HV ADJ PKG BUSES PHF PEDS PED. BUT. ARR. TYPE (%) (%) Y/N Nm Nb Y/N min T EB 0.00 4.00 N 0 0 0.90 20 N 25.8 3 WB 0.00 4.00 N 0 0 0.90 20 N 25.8 3 NB 0.00 4.00 N 0 5 0.90 20 N 16.8 3 SB 0.00 4.00 N 0 5 0.90 20 N 16.8 3 __________________________________________________________________________ SIGNAL SETTINGS CYCLE LENGTH = 64.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT X NB LT X TH X TH X X RT X RT X X PD ' PD WB LT X SBLT _ X TH X TH X RT X RT X PD PD GREEN 16.0 0.0 0.0 0.0 GREEN 16.0 20.0 0.0 0.0 YELLOW 0.0 0.0 0.0 0.0 YELLOW 6.0 6.0 0.0 0.0 __________________________________________________________________________ LEVEL OF SERVICE LANE GRP. V/C G/C DELAY LOS APP. DELAY APP. LOS EB LT 0.065 0.203 13.3 B 5.5 B R 0.309 0.563 4.8 A WB LTR 0.161 0.203 13.6 B 13.6 B NB L 0.625 0.359 14.3 B 7.5 B TR 0.197 0.703 2.1 A SB L 0.042 0.297 12.2 B 14.0 B TR 0.688 0.297 14.1 B __________________________________________________________________________ INTERSECTION: Delay = 9.7 (sec/veh) V/C = 0.701 LOS = B ~_- WILLISTON ROAD TRAFFIC IMPACT POLICY CONTRIBUTION FORMULA Impact Area 1• Proposed # Peak Hour Trips/29470 = x $308,250 = $ Fee Im ac ea Proposed Peak. Ho �ips/�,82 - 185, _ $ Fee 3 FINARD £a' COMPANY September 21, 1994 Mr. Joe Weith City Planner City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 RE: University Mail Survey Bounds Dear Joe: RNARD & COMPANY,, INC THREE BURLINGTON vvOODS DRJVE BURLINGTON, MA UI803 (6. i) -173-5s» MX, (617) 272.8408 it has come to my attention that the bound demising the northeast corner of the Janes & Jacob parcel has been relocated. This relocation was not performed by a registered land surveyor (which is the requirement in the State of Vermont). l was not notified of this relocation in advance. Please understand that I have put in a call to Peter Jacob since it was any initial intention to address the issue directly with Peter so that it could be concluded on a low key basis. However, Peter is on vacation and will not return until the end of this month. I don't understand why this was done, but for whatever reason it is entirely unacceptable. My intention is to have this corrected, but in the meantime, please understand that any representations that are made regarding the location of that bound are not made with our concurrence. If you have any questions, please don't hesitate to call. Very truly yours, J. Khouri GJK:jg — — Location Ma SOUTH Q BURLINGTDN PROJECT SITE BURLINGTON l?1 0 f m �I N M U' 1/2' REBAR IRON PIPE REMOVED BW 1/2- REBAR SET 2/92 CONSTRUCTION SET 2/92 24.29' 'S8'10 — US.t7 �R'O.W. CURVE INFO a = 'eftft 7.5" R - 219167, 2 T 2AOT NOTES: i ;� O FROM A0T DORSET ST. 1. UTILITIES EXIST IN AND ACROSS „ I PROJECT M-EGC THESE PARCELS AS SHOWN ON QI NO 5200(8) SHEETS A "TITLE SURVEY' PLAN BY JAN2 5OF 64 STAMPED JAM. 4, 1991 PINKHAM ENGINEERING ASSOC. 10'x1.5' EASEMENT DATED 1 3 / 92. TO GMP, NET AND ADELPHIA COMM. VOL. 306, PG. 642 2. REFERENCE IS MADE TO A --"--- 22.45' IRON PIPE REMOVED BY PLAN ENTITLED "SURVEY PLAT, o ;n CONSTRUCTION UNIVERSITY MALL, SHEETS 1 AND 2 PETER L. & VILMA C. JACOB OF 2, BY PINKHAM ENGINEERING — ---=-N + 0. 31 ACRES „ ASSOCIATES, DATED 8 13 91 AND / / 13,484.4 SO. FT. DORSET STREET LAST REVISED 5/26/92 AND 6 18 92. / 4 CONSTRUCTION ---�— P.C. STA. 149+54.69 3. REFERENCE IS MADE TO A I 49'LT "BOUNDARY ADJUSTMENT PLAN" FOR JANES AND I UNIVERSITY MALL DATED 3/2/92. JACOB NEW DORSET STREET THIS PLAN REPRESENTS A COMPOSITE BUILDING Row LINE OF INFORMATION FROM REFERENCED ' PLANS ONLY. OTHER LANDS OF W UNIVERSITY MALL REALTY TRUST (U.M.R.T.) W M� M ay' r l LEGEND _ N85'36'30'W 3/4' PIPE IRON SET P <, PSET IRON 2/92 PIPE PIPE PROPERTY LINE — — DRILL HOLE 2/92 EASEMENT LINE — — — MASONRY SCREW SET 2/92 SC � ? O EXISTING IRON PIPE O U.M.R.T. oIb '' I Q MONUMENTATION SET O UNIVERSITY MALL '" CALCULATED POINT • SOUTHERLY ENTRANCE/EXIT RON PIPE GRAPHIC SCALE — — — REMOVED BY CONSTRUCTION 20 o to n 40 EXISTING 15' R.O.W. 17.41' N85'39'50" W IN FEET ) 28'x10' EASEMENT N/F TO GMP, NET AND I Inch - 20fL HEDMAN ADELPHIA COMM. VOL. 316. PG. 611 FYr h1lY 6615C/Y PEA SITE PLAN 7/22/94 0 i PINKHAM ENGINEERING ASSOCIATES. INC. JANES do JACOB 205 DORSET STREET 1.P.4NfNC M?. ,t f 1 O1 Ae NPN —� p r^w^' -' lDY 1'he Y.IL.rc euilf 431 Pin. St., Bu Ungl i401 SOUTH BURLINGTON. VERMONT ,vvxcrmo. 699.11 eT E 1'-20' ` RECEIVED SEP12 1994 City of So. Burlington 14- FINARD & COMPANY, INC. FINARD & COMPANY September 21, 1994 Mr. Joe Weith City Planner City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 RE: University Mall Survey Bounds Dear Joe: THREE BURLINGTON WOODS DRIVE BURLINGTON, MA 01803 (617) 273-5555 FAX: (617) 272-8408 It has come to my attention that the bound demising the northeast corner of the Janes & Jacob parcel has been relocated. This relocation was not performed by a registered land surveyor (which is the requirement in the State of Vermont). I was not notified of this relocation in advance. Please understand that I have put in a call to Peter Jacob since it was my initial intention to address the issue directly with Peter so that it could be concluded on a low key basis. However, Peter is on vacation and will not return until the end of this month. I don't understand why this was done, but for whatever reason it is entirely unacceptable. My intention is to have this corrected, but in the meantime, please understand that any representations that are made regarding the location of that bound are not made with our concurrence. If you have any questions, please don't hesitate to call. Very truly yours, lz_ G rge J. Khouri GJK:jg City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 23, 1994 Michael Dugan 25 Pinecrest Drive Essex Junction, Vermont 05452 Re: ATM/Storage Building, 205 Dorset Street Dear Mr. Dugan: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, September 27, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Joe Weith,� City Planner JW/mcp F.n�l s cc: Peter Jacob City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 9, 1994 Michael Dugan 25 Pinecrest Drive Essex Junction, VT 05452 Re: ATM/Storage Building, 205 Dorset Street Dear Mr. Dugan: ZONING ADMINISTRATOR 658-7958 Enclosed please find preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, September 16, 1994. If you have any questions, please give me a call. Sin rely, Raymond J. Belair, Zoning and Planning Assistant RJB/peh Enc. cc: Peter Jacob Preliminary Memorandum September 27, 1994 Agenda Items September 1, 1994 Page 3 --- proposed additions do not meet the 50 foot PUD perimeter setback. The Planning Commission can modify this requirement under Section 9.404 of the zoning regulations. --- the final plat should include a revised landscaping plan. This plan should indicate the type, number and size of any plantings to be lost due to the addition. The revised landscaping plan should include the landscaping required for the additions and the value of any landscaping displaced by the additions. PETER JACOB - ATM/STORAGE BUILDING - SITE PLAN --- the location of office/retail building on the lot is not the same as shown on survey by Pinkham Engineering dated 3/2/92. --- plan should note size of plantings proposed. --- applicant must obtain a variance to allow the proposed building to not be in compliance with the setback requirements. --- parking aisle serving double row of parking does not meet 24 foot width requirement. This is an existing grandfathered situation. --- provide existing and proposed exterior lighting details. --- provide front yard coverage along Dorset Street. --- plan should be revised to correctly show that the yard along U-Mall south entrance is a side yard not a front yard and the yard along the westerly boundary is a rear yard not a side yard. --- plan does not accurately depict locations of existing storage buildings. --- there is a cart parked in space #2, this cart must be removed. --- there is no street/traffic light in bikepath as shown on plan. --- staff calculates that the existing uses on the site require 21 spaces and the proposed ATM will require two (2) additional spaces for a total of 23 spaces. Plan should be revised to indicate that 23 spaces are required. MEMORANDUM TO: South Burlington Planning Commission FROM: William J. Szymanski, South Burlington City Engineer DATE: September 9, 1994 RE: September 27, 1994 Agenda Items SHERATON SHOPS - WILLISTON ROAD 1. Preliminary site plan prepared by Colin Lindberg is acceptable. L&M PARK - SHELBURNE ROAD 1. Plan with relocated residential building No. 5 is acceptable. HOWARD BANK - JANES-JACOB PROPERTY - DORSET STREET 1. Bumpers or curb should be placed along the west side to protect building. 2. Plan prepared by Mike Dugan dated 8/l/94 is acceptable. HARBOR INN - SHELBURNE ROAD 1. The area should be maintained by mowing and trimming. 2. Plan with latest revision date 8/26/94 prepared by Krebs and Lansing is acceptahle. PILLSBURY MANOR - WILLISTON'ROAD 1. Sketch plan with latest revision date 8/23/94 prepared by Krebs and Lansing is acceptable. FAX: (802) 658-4748 1 t5uuth 'Nuritugtnu N tre Department 575 Bnrset #treet .1 3nutli Nurlingtan, Vermont 05403 • (802) 658-7960 TO: South Burlington Planning Commission FROM: Wallace Possich,, Fire Chief DATE: September 7, 1994 RE: Plans Review for September 27, 1994 Meeting 1. Janes $ Jacob Building 205 Dorset St. Dated 9-6-94 Acceptable 2. Pillsbury Manor Williston Rd. 3. Harbor Inn Shelburne Rd. Acceptable 4. The Shops at The Sheraton Hotel 870 Williston Rd. Acceptable S. L $ M Park Ferrel Dr. Acceptable Project No. 90101 Dated 9-2-94 Project No. 81139 Dated 9-2-94 Dated 8-29-94 Project No. 88047 Dated 8-31-94 SITE PLAN CHECK LIST --- Lot drawn to scale --- Survey data (distances and lot size) v --- Contours (existing and finished). --- Existing vegetation and natural features. --- Proposed landscaping (number, variety and size) equal or greater than the required amount in section 19.104 of the Zoning Regulations. --- Location of streets, abutting properties, fire hydrants, existing buildings. --- Existing and proposed curb cuts, pavement, walkways. --- Zoning boundaries --- Number and location of parking spaces. (RV parking for multi- family projects over 25 units). --- Number and location of handicapped spaces as required. --- Location of septic tanks (if applicable). --- Location of any easements. --- Lot coverage information: Building, overall and front yard. --- Location of site (Street # and lot #). --- North arrow --- Name of person or firm preparing site plan and date. --- Exterior lighting details (must be downcasting and shielded). --- Dumpster locations (dumpsters must be screened). --- Existing and proposed sidewalks (public). --- Sewer calculation --- Height of new construction. --- Setbacks (residential district, planned r.o.w., Interstate). --- C.O. Zone --- Bike racks --- Traffic generation --- Traffic Impact fees --- PUD/PCD standarads --- Airport Approach Cone --- Outside storage/display --- F.A.R. --- Lot merger agreement R ;A _ o L=7 J CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) 2) APPLICANT (name, address, phone #) ieAt -4n::�770 /LllGeAtt--t- .t ) 4-lam, A. 14. Z- s /�i.�/d��'' fie. 3) CONTACT PERSON (name, address, phone #) 4) PROJECT STREET ADDRESS: 20�' 5) LOT NUMBER (if applicable) 6 ) PROPOSED USE(S) �T/7D.�1�14TLG 1#�L .�G>f��t �r/c 4 �.fJ/GHQSIT 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) �L�t'!!J!'o � 2•¢¢ 3 �' l�7U •' ?.� SF .�-sic : �T ' �cry . 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building 2o•z %; landscaped areas 12.5 % building, parking, outside storage 87S % 10) COST ESTIMATES: Buildings $ Landscaping $5 Lls7Z7nmXi Other Site Improvements (please list with cost') $ Agin=(. 11 ) ESTIMATED PROJECT COMPLETION DATE:_ .DEG• .Z 12 ) ESTIMATED AVERAGE DAILY TRAFFIC ( in and out ) u.�5O A-r'". EDwt. Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m. 4-5 p.m. 5-6 p.m. 6-7 p.m. 13) PEAK HOURS OF OPERATION: 14) PEAK DAYS OF OPERATION: DATE OF SUBMISSION SIGNATUR-E OF APPLICANT DATE OF HEARING `v 2 PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible.) .Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. -'Existing and proposed curb cuts, pavement, walkways. v Proposed landscaping plan (number, variety and size) equal to of greater than the required amount in the Zoning Regulations. ✓ Number and location of Parking Spaces: (9' x 18') with 22 or 24 foot aisles as required. ✓ Number and location of compact car spaces.. (This requires sepa- rate Planning Commission approval). �- Number and location of handicapped spaces as required. (13 feet. by 20 feet in size, one per every fifty spaces). Location of septic tanks (if applicable). "Location of any easements. Lot coverage information: Building footprint, building, parking and outside storage, and landscaped areas. 's Location of site (Street # and lot U . North arrow Name of person or firm preparing site plan and date. RECEIVED SEP 0 61994 City of So. Burlington 2 ZONING BOARD OF ADJUSTMENT August 22, 1994 The South Burlington Zoning Board of Adjustment held a meeting on Monday, August 22, 1994 at 7:00 p.m. at the City Hall second floor Conference Room, 575 Dorset Street. Members Present Fred Blais, Dennis Johnson, Dan King, Stephen Kramer, Joseph Randazzo Members Absent George Chamberland, Maureen O'Brien Others Present Peter Jacob, Tom Jacob, Richard Ward (Zoning Administrator), Mark Wetmiller #1 - Appeal of Peter and Vilma Jacob Seeking a variance from Section 19.65 Multiple Uses and Section 18.00 Lot Coverage. Request is for permission to remove two existing accessory use structures containing approximately 172 square feet and construct a 14' x 20' building, occupying structure as an accessory use to include an automatic bank teller machine, located on a lot containing 13,494 square feet, at 205 Dorset Street. Mr. Ward informed the Board the area is zoned C-1 District. Section 11.10 Permitted Uses subsection 11.101 Banks, savings and loan institutions permitted. Lot size required 40,000 square feet with 200 foot frontage, existing 13,484 square feet with 126 feet frontage. Section 19.65 Multiple Use of lot "not more than one principal building and only one use." Two existing accessory use structures (one 10' x 10' and one 8' x 91) total 172 square feet will be removed. Replace with 14' x 20' (280 square feet) structure housing ATM plus storage area. Section 18.00 Lot Coverage, 70% maximum, increasing coverage by 50 square feet for a total coverage of 87.5%. Existing uses office/retail, office area 2292 square feet, retail area 1392 square feet (downstairs). Mr. Ward said the two structures to be removed are presently used to store real estate signs and for trash and recycling bins. He added that existing lot coverage is approximately 17% over the maximum allowable. Mr. Johnson pointed out that the proposed increase of 50 square feet in coverage translates to 1/2% increase. Mr. Kramer asked whether the existing structures are non- complying and grandfathered in. Mr. Ward said the property has been non -complying from the beginning; an exchange was ZONING BOARD August 22, 1994 page 2 done for the south entrance to University Mall. He said Mr. Jacob's contention is that his property should be included with the Mall under their umbrella coverage. Chairman Fred Blais informed the appellant that since there were only five Board members present, and state statutes require that for an appeal to be granted it must receive at least four affirmative votes (a majority of Board members, whether or not they are present), if the applicant feels that his appeal would be prejudiced or inadequately heard by having only five of seven members present he may choose at any point to continue the appeal until the next meeting of the Board. Peter Jacob explained his appeal with reference to a blueprint of the property. He said he used to own the south entrance to University Mall; the lot has always been a small one, dating back before zoning. There was an old ice house on the property when Mr. Jacob bought it, he said. Years ago the City commissioned a traffic study which concluded that traffic from the Mall should go straight across, through the Lake Buick property and out on Hinesburg Road. Mr. Jacob said he made an agreement with University Mall; he let them have the south entrance through his property and thought he was to become a part of the Mall, under its umbrella. He said two years ago the Mall people wanted to separate their property from his; he was granted an entrance and exit on Mall property to control traffic flow. Something happened at the Planning Commission, he said, which resulted in the Commission saying that Mr. Jacob is not part of the Mall. A variance was required, and his lot was not the right size, he said. Mr. Jacob passed a copy of the Planning Commission's decision around to Board members. He said that if he is not in fact part of the Mall, what the Planning Commission did was illegal; he can't wait for them to correct it. Mr. Jacob said if he was part of the Mall he would not need to be before the Board for this appeal; under the Mall umbrella he could do what he liked with his lot. As it is, he needs a variance to take down the two buildings, he said. Mr. King asked whether Mr. Jacob had recently talked with the Mall people; Mr. Jacob said no, he talked with Joe Weith. Mr. Jacob then read from a letter dated January 31, 1994 from the University Mall Realty Trust as follows: ZONING BOARD August 22, 1994 page 3 "We understand that the South Burlington Planning Department has taken the position that, as a result of the exchange, your property will become a part of the University Mall planned commercial development for purposes of zoning and subdivision regulation. You have expressed the concern that the University Mall Realty Trust would then have some control over future development of your property amd that the Trust might exercise that control to prevent certain uses of your property. "To induce you to complete the pending exchange, this letter confirms that, following the exchange, University Mall Realty Trust will not exercise any control it may have under the planned commercial development provisions of the South Burlington Zoning Regulations to prevent specific uses of your property. This letter is not intended to warrant to you that you will be able to develop your property for any particular use; it is simply a commitment that the Trust will not use the zoning or subdivision approval process to control the use of your property." Mr. Jacob said the letter shows the Mall will not oppose anything he wants to do with his property. He said it was written before the Mall went to the Planning Commission. Mr. Ward said the Commission and the City Attorney have taken the position that Mr. Jacob was never a co -applicant; he never formally made a co -application. Mr. Kramer said Mr. Jacob didn't have to, because he has no access without going over their land. Mr. Ward said a PCD amendment to the original approval must be made to clear up the situation. There was some discussion about the Planning Commission's statement that Mr. Jacob is part of the Mall for the purpose of regulations. Mr. Blais said they recognized him at the time, but probably shouldn't have. Mr. King said it's a Catch 22 situation. Mr. Blais said it was easy enough to view the appeal as one of an irregular lot, below the 40,000 square foot requirement, grandfathered in and a reasonable use. Mr. King said he had no problem with Criteria 1 and 3. Mr. Randazzo said it was squeaky clean from top to bottom. Mr. Blais said the neighborhood is not being changed, and it's a minimum variance. Mr. King read from the Zoning Regulations Section 19.65 regarding multiple use of lots. Mr. Kramer said it was an unfair situation. Mr. Jacobs gave some traffic figures from his observation of use of an ATM on Shelburne Road; there were 30 people in one hour using the machine. Mr. Randazzo ZONING BOARD August 22, 1994 page 4 said many people using an ATM are already in the area and part of the traffic pattern. Mr. Ward pointed out that the size of the bank sign shown on the blueprint of the proposed building was not being considered in granting a variance. Mr. Blais said Mr. Jacob's client must conform to the the law regarding signage and all other matters. Mr. Blais called the question; the appeal was granted unanimously. Dan King moved to accept the minutes and the findings of fact of August 8, 1994. Mr. Johnson seconded the motion and all voted aye. Other Business Mr. King said he had noticed that Thrifty Car Rental/Spillane's again had too many vehicles stored on their lot. Mr. Ward said they had been put on notice. Dan King moved for adjournment. This was seconded by Mr. Randazzo and all voted aye. The meeting adjourned at 7:30 p.m. Clerk MICHAEL L. DUGAN, ( A. Architect 25 Pinecrest Drive ESSEX JUNCTION, VERMONT 05452 (802) 878-0070 Fax (802) 878-0080 TO � ec > WE ARE SENDING YOU ,g1 Attached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter ❑ Prints ❑ Change order ❑ Plans D.rrd'A w T-MRS-ETTURL DATE Y. JOB NO. ATTENTION V K/ RE: he following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION �• to GIi�G� ��tt.+� '�.�D ' � THESE ARE TRANSMITTED as checked below: X,For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS '1' ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO 4 40 % Pre -Consumer Content • 10 % Post -Consumer Content PRODUCT 240-2 Inc., Groton, Mess. 01471. SIGNED: If enclosures are not as noted, kindly notify us at once. 309 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CRITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Peter L. Jacob to convert 2100 square feet of general office use within a 4000 square foot building to medical office use, 205 Dorset Street. The 4000 square foot building will now consist of 2100 square feet of medical office use, 1180 square feet of retail use and 720 square feet of general office use. This property also contains a 288 square foot bank ATM building. On the 6 day of November, 1998, the South Burlington Director of Planning & Zoning approved the request of Peter L. Jacob for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of converting 2100 square feet of general office use to medical office use in a building also containing 1180 square feet of retail use and 720 square feet of general office use. This property also contains a 288 square foot bank ATM building. 2. This property located at 205 Dorset Street lies within the C 1 District. It is bounded on the north, south and west by the University Mall and on the east by Dorset Street. 3. Access/circulation: Access is provided by a 30 foot curb cut on the U-Mall south access drive and a mutual access with U-Mall along the west boundary. No changes proposed. Circulation is adequate. 4. Coverage/setbacks: Building coverage is 20.2% (maximum allowed is 30%). Overall coverage is 87.5% (maximum coverage is 70%). The ZBA on 8/22/94 granted the applicant a variance to exceed the coverage limitations. Front yard coverage is 75.7% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. 5. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. 6. Parkins: The existing and proposed uses require a total of 20 parking spaces and 24 spaces are being provided. The parking aisle serving the double row of parking is 17 feet in width or seven (7) feet short of the 24 foot requirement. This is a pre-existing condition which will not be made worse by this application. The plan notes should be revised to reflect the correct square footages used for parking calculations. 7. Traffic: Based on ITE trip generation rates, it is estimated that the change in use will reduce traffic generation from 61.06 vehicle trip ends (vte's) to 60.36 vte's, a 0.7 vte reduction. 8. Other: The applicant should be aware that Section 23 of the South Burlington Sign Ordinance requires the submission of a Master Signage Plan prior to the issuance of a sign permit for the new medical use. Section 230) requires submission of a schedule for bringing into conformance, within 2 years, all nonconforming signs on the property. The existing free-standing sign currently does not comply with Section 19(e) of the Sign Ordinance. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Director of Planning & Zoning approves the site plan application of Peter L. Jacob to convert 2100 square feet of general office use within a 4000 square foot building to medical office use, 205 Dorset Street. The 4000 square foot building will now consist of 2100 square feet of medical office use, 1180 square feet of retail use and 720 square feet of general office use. This property also contains a 288 square foot bank ATM building, as depicted on a plan entitled, "205 Dorset Street Janes & Jacob Building 205 Dorset St. So. Burlington, Vermont," prepared by Michael Dugan, dated 8/l/94, last revised on 10/20/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Director of Planning & Zoning estimates that the change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 3. The plan shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Three (3) copies of the approved revised plan shall be submitted to the Director of Planning & Zoning prior to permit issuance. a) The site plan shall be revised to alter the general information notes to reflect the correct square footages used for parking calculations. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 2 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 6. Any change to the site plan sequire approval by the South Burlington Planning Commission. South Nington 1bire6tor of Planning & Zoning 1l 7- D to 3 K TAX MAP #: 23-1-7 GRAND LIST #: 0570-00205-C FILE #: 94-23 LOCATION: 205 DORSET STREET DATE APPLICATION PURPOSE FILE NAME: 4-28-92 RFP BOUNDARY LINE ADJST. UNIVERSITY MALL/JACOB, PETER 8-22-94 V ATM JACOB, PETER 9-26-94 V SETBACKS it " 9-27-94 SP ATM/STORAGE BLDG. JACOB, PETER & VILMA City of South Burlington Application to Board of Adjustment Name ofapplicant(s) Peter Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Address 7 9 S u bur h a n—Sr So B tl r 1 i nrg t o n Telephone # $628 :7 18 Represented by Peter Jar -a., Landowner As above Address Same Location and description of property 20-5 I)QrsRt,--street , Burl i ng t nn Adjacent property owncr(s) & Address U i;re rr, i ty =} 15 S n n r S A t Type of application check one: ( )Lappeal from decision of Administrative Officer ( ) request for a conditional use ( ) request for a variance 1 understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings arc held twice a month, (second and fourth Mondays). That a legal advertisement must appear a minimum of fiReen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. ]� Provision of zoning ordinance in question Reason for appeal Other documentation Date Signature Do not write below this line -------------------------------------------------------------------------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorsct Strcct. South Burlington. Vermont on Monday, at 7:00 P.M. to consider the following: ' Appeal of�- seekingit€ from Section of the South Burlington Zoning Regulations. Request is for permission to y �.•�ti •�. �4 ao71/ z4e-e.- �jr e �_ -2-� / Ai- q10 UTH SO ZONING NOTICE N In accordance with the South Burlington Zoning Rulations and Chapt e , eyegger Title 24, South Burlington Zonin Boof Adlusime oar nt will hold a public hearing at O the South Burling Gonfer- nicipal Offices, ence Room, 575 Dorset Street, South Burlington. Vermont on Monde , at November 9, 9 7.00 P.M. to consider the following: #1 Appeal of South th Bur- lington gg Really John Jaeger agent seec- ing approval eneral ra- tion 14.2030) 9 tail (conditional nBurlington the Regulations. Re- zoning. for permission quest is an existing to occupy 3200 square foot building. ti with a speciality business located at 40 San Remo Drive. #2 Appeal of Peter and Vilma Jacob see$egtaon proval from of 26.65 Multiple8iurliegton the S Regulations. Re - Zoning ermission quest is for an existing to occupy 4000 square foot building with a maximum of three (3) tenants rersonal ical offices, P . services and rat app�oxa lot cont I3I480 square mately a feet, located at I205 Dorset Street. Richard War inistrative Zoning Officer October 24, 199� City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 October 27, 1998 Mr. Peter Jacob 79 Suburban Square South Burlington, Vermont 05403 Re: Zoning Board of Adjustment Hearing - 205 Dorset Street Dear Mr. Jacob: ZONING (802)658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, November 9, 1998 at 7:00 P.M. to consider your request for a conditional use approval. Please plan to attend this meeting and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl 2) PETER & VELMA JACOB - 205 DORSET STREET Area zoned Commercial District 1. Proposed uses - permitted under Section 12.10 Section 26.65 Multiple uses (conditional uses) Section 26.05 applies. Building (irregular shape) approximately 4000 square feet. Lot 90.2 x 126.2 = 11,383 square feet Proposed use - medical office and personal service - requesting umbrella permit for a maximum of three tenants to include retail. #6 JACOB, Peter & Vilma 205 Dorset Street Area C-1 District. Section 25.00 Dimensional requirements. Minimum side yards - 15 feet Minimum rear yards - 30 feet Proposed 1.5 feet northerly side yard and westerly rear yard. Original ATM and accessory use approved 8/22/94. A G E N D A South Burlington Zoning Board of Adjustment City Hall Conference Room 575 Dorset Street South Burlington, Vermont Meeting @7:00 P.M. August 22, 1994 1) Appeal of Peter and Vilma Jacob seeking a variance from Section 19.65 Multiple uses and Section 18.00 Lot coverage. Request is for permission to remove two existing accessory use structures containing approximately 172 square feet and construct a 14'x 20' building, occupying structure as an accessory use to include an automatic bank teller machine, located on a lot containing 13,494 square feet, at 205 Dorset Street. 2) Minutes and findings of August 8, 1994. Respectfully submitted, Richard Ward, Zoning Administrative Officer City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 13, 1994 Mr. Peter Jacob Janes & Jacob Real Estate 205 Dorset Street South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Jacob: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, September 26, 1994 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting and be prepared to address the attached appeal criteria. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp cc: Michael Dugan City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE Date Applicant Address Landowner Owner, leasee, agent Telephone # Location and description of property FILING DATE FEE AMOUNT Address Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Signature of Appellant Do not write below this Line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of seeking a ���I/�,.LQ% from Section of the South Burlington Zoning Regulations. Request is for permission to J Official Use City of South Burlington Application to Board of Adjustment Date B•/ 574 Applicant A� './.4ce.e• Owner, leasee, agent Address 205 LTA APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Telephone # B& 3 Landowner � G• Location and description of property Address •-,o Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use (x ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for a p p e a GOT lUisfi ra .2crcovE rJrsn� ��yl,�(? ,0014-,Vw6s u bill Ztbys�- AT-t4' tto� ti6yic.c�tyL The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Signature of Appellant Do not write below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on /fi ,/`•, Day of Week at ;7,'0p '44 to consider the following: onth and Date Ti e 4 to 4:15 7 5:00 to 5:15 0 ACM ACTIVITY FRIDAY AUGUST 19, 1994 4PMTO6PM 4:15 to 4:30 4:30 to 4:45 12 4 5:15 to 5:30 4 5:30 to 5:45 5 4:45 to 5:00 TOTAL 7 30 5:45 to 6:00 6 21 SOUTH SURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reeggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington Vermont on Monday, Sep- tember 26, 1994 at 7:00 P.M. to consider the fol- lowing: #1 Appeal of Douglas A. Boehm seeking a vari- ance from Section 25.00 Dimensional requirements of the South Burlington Zoning Regulations. Re quest Is for permission to construct a 10' x 20' deck to within four (4) feet of the southerly side yard located at 1f7 laurel HIII Drive. #2 Appeal of Tlmberlake Associates, David Simen- dinger seeklN aQ�xoval from Section 26.85 Mul- tiple uses ar,d Section 26.06 Conditional uses of the South Burlington Zon- ing Regulations. Request Is for permission to con- struct a mint -mart con- taining 1750 square feet to Include a gasoline op- eration with tour automat- ic di nsers (canopy 40' x 48)and an automatic bank teller machine (ap- pprroxlmately 72 square t.et) on a parcel of land containing 1.8 acres, lo- cated at 801 Williston Road. #3 Appeal of Marlon Du- mont & Lori Bachand seeking a variance front Section 25.00 Area, densi- ty and dimensional re- quirements of the South Burlington Zoning Regula- bons. Request Is for per- mission to set-off three lots, which do not meet the minimum lot size re- quirements located at 1907 thru 1926 Airport Parkway. #4 Appeal of L&M Part- nership, Greg Rabkfeau agent seeking approval from Section g .05 Condl- tonal uses sub section 26.056 alterations of the South Burlington Zoning Regulations. Request is for permission to relocate an approved stricture containing 30 residential units within a Planned Commercial Development, located at L&M Park, 18 Fayette Drive. #5 Appeal of J.W.J. Real- ty, Gary Lavigne agent seeking approval from Section 13.20 Conditional uses sub -section 13214 Automobile sales & sevice of the South Burlington Zoning Regulations. Re- quest Is for permission to construct a 8320 square foot building, occupying said building as a auto- mobile dealership on a lot containing 1.7 acres, lo- cated at, 1785 Shelburne Road. #6 Appeal of Peter & Vil- me Jacob seeking a vart- ance from Section 25.00 Dimensional requirements of the South Burlington ZoniRegulations. Re- quest s for permission to construct a 12'x20' acces- sory use building to in- clude a automatic bank teller machine to within one and one half (1.5) feet of the rwrtherfy and west- erly property fine, located at Jane and Jacob Real Estate, 205 Dorset Street. #7 Appeal of Richard Collette aned Todd Lawllss roval from Sectionseeki9.20 Conditional uses sub -section 9.202 day care center of the South Burlington Zoning Regulations. Request is for permission to operate a day care facility (maxF- mum 29 children) from an existing single family dwelling, lot containing 23, 870 square feet lo- cated at 20 Baldwin Ave- nue. Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward Zoning Administrative Officer September 10, 1994. JACOB, Peter & Vilma 205 Dorset Street Area zoned C-1 District. Section 11.10 Permitted uses sub section 11.101 Banks, savings and loan institutions permitted. Lot size required 40,000 square feet with 200 foot frontage, existing 13,484 square feet with 126 feet frontage. Section 19.65 Multiple use of lot "not more than one principal building and only one use . Two existing accessory use structures (one 10'x 10' and one 8'x 9') total 172 square feet will be removed. Replace with 141x 20' (280 square feet) structure housing ATM plus storage area. Section 18.00 Lot coverage, 70% maximum, increasing coverage by 50 square feet for a total coverage of 87.5%. Existing uses office/retail, office area 2292 square feet, retail area 1392 square feet. UNMRS ITY MALL 155 Dorset South nurli Agton, January 31, 1994 Peter and Vilma Jacob 205 Dorset Street South Burlington, Vermont 05403 Re: Janes and Jacob Property Exchange of Parcels of Land REALTY Street Vermont TRUST 05403 Dear Peter and Vilma: This letter pertains to the exchange between you and University Mall Realty Trust of parcels of land adjoining the Janes and Jacob building at 205 Dorset Street in South Burlington. We understand that the South Burlington Planning Department has taken the position that, as a result of the exchange, your property will become a part of the University Mall planned commercial development for purposes of zoning and subdivision regulation. You have expressed the the concern that the University Mall Realty Trust would then have some control over future development of your property and that the Trust might exercise that control to prevent certain uses of your property. To induce you to complete the pending exchange, this letter confirms that, following the exchange, University Mall Realty Trust will not exercise any control it may have under the planned commercial development provisions of the South Burlington Zoning Regulations to prevent specific uses of your property. This letter is not intended to warrant to you that you will be able to develop your property for any particular use; it is simply a commitment that the Trust will not use the zoning or subdivision approval process to control the use of your property. Very Truly yours, William the Uni 134 . 17. 01.31 FiViard, Trustee of city Mall Realty Trust v 1 1%6-0 N w qol City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 8, 1993 Mr. Peter Jacob Janes & Jacob Real Estate 205 Dorset Street South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Jacob: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, August 22, 1994 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting and be prepared to address the attached appeal criteria. Very tr ly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, August 22, 1994 at 7:00 P.M. to consider the following: Appeal of Peter and Vilma Jacob seeking a variance from Section 19.65 Multiple uses and Section 18.00 Lot coverage of the South Burlington Zoning Regulations. Request is for permission to remove two existing accessory use structures containing approximately 172 square feet and construct a 141x20' building, occupying structure as an accessory use to include an automatic bank teller machine, located on a lot containing 13,484 square feet at 205 Dorset Street. 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