HomeMy WebLinkAboutSP-11-20 DR-11-06 - Decision - 0222 Dorset Street.( I
#SP -11-20 & DR-11-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HEALTHY LIVING NATURAL FOODS MARKET &
GREEN MOUNTAIN POWER — 222 DORSET STREET
SITE PLAN APPLICATION #SP-11-20
DESIGN REVIEW APPLICATION #DR-11-06
FINDINGS OF FACT AND DECISION
Healthy Living Natural Foods Market and Green Mountain Power Corporation, hereafter
referred to as the applicants, are seeking site plan and design review approval to amend a
previously approved plan for a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including
mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The
amendment consists of: 1) installing a "ChargePoint Electric Vehicle Charging Station", 2)
integrating the charging station with a sidewalk surface art form "10 ft. metal tree" and a roof
mounted " 5 ft. sun", and 3) installing a bicycle fix -it unit, 222 Dorset Street.
The Development Review Board held public hearings on June 21, July 5, and July 19, 2011. The
applicants were represented by Ms. Deb Sachs.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicants are seeking site plan and design review approval to amend a previously
approved plan for a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail
food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists
of: 1) installing a "ChargePoint Electric Vehicle Charging Station", 2) integrating the charging
station with a sidewalk surface art form "10 ft. metal tree" and a roof mounted " 5 ft. sun", and
3) installing a bicycle fix -it unit
2. The application was received on May 27, 2011. Supplemental plans were submitted July 1,
2011.
3. The owner of record of the subject property is Patrick Malone.
4. The subject property is located in the Central District 1 Zoning District.
5. The plans submitted consist of a one (1) page plan entitled, "Malone Properties Healthy
Living Natural Foods Market 222 Dorset Street Renovations South Burlington Vermont" and
"Planting Plan" prepared by Bast & Rood Architects, dated 6/28/11, along with supplemental
materials.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
There are no changes to the dimensional requirements as a result of this application. The proposed
structures and art pieces do not add any additional impervious surface.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the SBLDR PUDs shall com lly with the following standards and
conditions:
(a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project,
(b) Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties.
There are no changes to the site's compliance with these criteria as a result of this application.
(c) The project incorporates access, circulation, and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
The applicant is proposing to install the electric vehicle charging station on the 8 foot wide
sidewalk. The applicant has stated that the unit will only occupy two feet of the sidewalk, leaving
6 feet of clearance between the unit and the building facade.
The applicant is proposing to add a parking stop to the space which will be adjacent to the
proposed charging station. The parking stop shall be carefully placed so as to ensure that the
effective length of the parking space is not compromised such that vehicles parking therein are
forced to extend beyond the parking space and into the drive lane.
The applicant notes that there are existing parking stops on site and has included these on the site
plan. These have not previously been approved as part of any site plan.
1. The proposed parking stop shall be placed so as to ensure that the effective length of the
parking space is not compromised such that vehicles parking therein are forced to extend beyond
the parking space and into the drive lane. This and the four (4) parking stops that were installed
without prior receipt of a site plan approval shall be installed to the satisfaction of staff prior to
issuance of a Certificate of Occupancy.
(d) The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features
on the site.
There are no changes to this criterion as a result of this application.
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(e) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s)
in which it is located.
There are no changes to this criterion as a result of this application. As the proposed amendments
require design review approval, the Board finds that the proposed new bike repair station and
artwork surrounding the charging station, are generally in compliance with the goal of the city's
design review guidelines.
(� 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 changes to this criterion as a result of this application.
(g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to
ensure that adequate fire protection can be provided.
There is no need for additional review by the Fire Chief as a result of this application.
(h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent landowners.
(i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
(j) The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
There are no changes to this criterion as a result of this application.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD
shall require site plan approval. Section 14.06 of the South Burlington Land Development
Regulations establishes the following_ general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement,
and adequate parking areas.
The Board has already found on adequate parking areas and safe pedestrian movement. All
proposals shall ensure that sufficient access remains for pedestrian movement on the sidewalk,
and vehicular movement within the parking lot. At no point should the sidewalk be less than five
feet in width, nor shall the access aisle and parking spaces fail to meet the minimum
requirements of the land development regulations.
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(b) Chapter 14.06 of the South Burlington Land Development Regulations states the
following:
(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,
(v) The principal use of the lot is for public recreation.
As this is a pre-existing building and no changes to the parking area are proposed, the lot is in
conformance with the Land Development Regulations.
(c) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or adjoining buildings.
This criterion is being met. Even with the additional rooftop artwork, the building remains below
the maximum height limits of the district.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground
The Board has previously noted that new utility lines must be underground.
(e) 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 applicant has indicated that the bicycle fix -it station will be of a metallic, galvanized steel
appearance. The proposed tree will be of a natural rusted color. The sun will have the appearance of
a solar panel. The Board finds that the materials and architectural characteristics of the 10 ft. metal
tree and roof -mounted 5 ft. sun, as well as the bicycle fix -it station, make use of common materials
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as the remainder of the site and create attractive transitions between buildings and different elements
of the site.
2. The 10 ft. "tree " shall be of a natural, rusted color. The 5 ft. "sun " shall have the general
appearance of a solar panel with sun features. The bicycle fix -it -station frame shall be of a black,
grey, or galvanized steel color.
(� Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
The Board finds that the proposed structures — a 10" ft. metal tree, a 5 ft. roof -mounted sun, and a
bicycle fix -it station — relate harmoniously to themselves, the terrain, and to existing buildings and
roads in the vicinity.
Site plan applications shall meet the following_ specific standards as set forth in Section 14.07 of the
South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to abutting
properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
of collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
This criterion has been handled as a part of previous applications.
(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.
The Board has previously indicated that new utility lines must 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 Board finds that this criterion is being met.
(d) Landscaping and Screening Requirements
There are no changes to this criterion as part of this application.
Other- Proposed Siana e
The applicant is proposing several signs on the new charging station. The Development Review
Board notes that it does not have authority or oversight of the Sign Ordinance. The Board notes it
here to indicate that this review does not address signs shown on the applicant's application.
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3. Any proposed signage shall be in full compliance with the South Burlington Sign Ordinance.
The Board discussed the applicant's proposal to delineate the space in front of the charging station
and found that that it shall not be marked or reserved in any way. Any such delineation would be an
indication that this space is not to be used by other vehicles. As the applicant is not seeking a
parking waiver, and the use of electric vehicle charging stations is not yet common -place, the Board
finds that the parking space must be available for all users.
4. There shall be no signage or printing on the ground. Additionally, the spaces at or near the
charging station shall not be reserved solely for the use of that station.
Other- Proposed bicycle frx station
The applicant is proposing to locate a bicycle fix it station within the public art space area, often
referred to as the "Blue Zone." The specifications for the station state that the minimum footprint
size is approximately 9'x4'.
Staff investigated whether or not this is enough space for the proposed station, and whether the
location will have any negative impact on the public art park, which the City has a financial and
cultural interest in. The applicant submitted a sketch which shows the proposed footprint of the
station in relation to the urban art elements such that Staff and the Board could assess whether the
structure will adequately fit, and whether or not it may obscure the public art in any way.
The Board finds that the maximum footprint of the station will fit well within the space. The station
itself is smaller than the footprint required and will not obscure any walkways or the public art.
DECISION
Motion by Joe Randazzo, seconded by Bill Stuono, to approve Site Plan Application #SP-11-20
and Design Review Application #DR-11-06 of Healthy Living Natural Foods Market and Green
Mountain Power subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
3. The proposed parking stop shall be placed so as to ensure that the effective length of the
parking space is not compromised such that vehicles parking therein are forced to extend
beyond the parking space and into the drive lane. This and the four (4) parking stops that
were installed without prior receipt of a site plan approval shall be installed to the satisfaction
of staff prior to issuance of a Certificate of Occupancy.
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4. The 10. ft "tree" shall be of a natural, rusted color. The 5 ft. "sun" shall have the general
appearance of a solar panel with sun -features. The bicycle fix -it -station frame shall be of a
black, grey, or galvanized steel color.
5. Any proposed signage shall be in full compliance with the South Burlington Sign Ordinance.
6. There shall be no signage or printing on the ground. Additionally, the spaces at or near the
charging station shall not be reserved solely for the use of that station.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
8. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of
the Land Development Regulations or this approval is null and void.
9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior
to use of the charging station.
10. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Tim Barritt
Mark Behr —
Matthew Birmingham —
Roger Farley —
Joe Randazzo —
Michael Sirotkin —
Bill Stuono —
yea/nay/abstain/not present
yea/nay/abstain/not present
lea/nay/abstain/not present
lea/nay/abstain/not present
yea/nay/abstain/not present
,yea/nay/abstain/not present
yea/nay/abstain/not present
Motion carried by a vote of 7-0-0
Signed this 22nd day of July 2011, by
Digitally signed by Mark C. Behr
Mark C. Behr Behr Arc DN: cn=Mark C. Behr, o=Richard Henry
hitect P.C., ou,
email=mark@rhbpc.com, c=US
Date: 2011.07.22 08:51:27 -04'00'
Mark Behr, 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.oriz/GTC/environmental/default.asl2x 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.
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