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HomeMy WebLinkAboutSD-04-79 SD-04-80 - Decision - 0358 Dorset StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING PATRICK MALONE - PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-04-79 FINAL PLAT APPLICATION #SD-04-80 FINDINGS of FACT AND DECISION Patrick Malone, hereafter referred to as the applicant, is requesting preliminary plat and final plat approval of a planned unit development for a project consisting of: 1) removing a 3,600 sq. ft. section in the center of the existing building to create two (2) separate buildings, 2) developing the 358 Dorset Street building with 8,000 sq. ft. of retail space, and 3) developing the 55 San Remo Drive building with 5,200 sq. ft. of indoor recreation use. The Development Review Board held a public hearing on December 7, 2004. The applicant was present at the meeting. 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 applicant is requesting preliminary plat and final plat approval of a planned unit development for a project consisting of: 1) removing a 3,600 sq. ft. section in the center of the existing building to create two (2) separate buildings, 2) developing the 358 Dorset Street building with 8,000 sq. ft. of retail space, and 3) developing the 55 San Remo Drive building with 5,200 sq. ft. of indoor recreation use. 2. The owner of record is Patrick Malone. 3. This property is located in the Central District 2 Zoning District. 4. The plans consist of a two (2) page set of plans, page one (1) entitled, "Survey of Land Owned by Patrick Malone #358 Dorset Street South Burlington, Vermont", prepared by Gregory F. Dubois L.S. , and dated September 2004. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The proposed project is in compliance with most of the dimensional standards for the CD2 Zoning District. The lot size and setbacks will remain unchanged. The building coverage will be reduced from 38.7% to 29.6%, which is under the 40% allowed in the CD2 Zoning District. The overall coverage will be increased from 80.6% to 82.7%, which is under the 90% allowed in the CD2 Zoning District. - 1 - PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the proposed Land Development Reaulations PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. The building that is being modified is currently connected to the municipal water system. 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 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. The subject property is currently served by an 18' wide curb -cut off of San Remo Drive and a 26' wide curb -cut off of Dorset Street. Neither of these curb -cuts will change as a result of the proposed project. Circulation on the site will be adequate. 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, wildlife habitat, or unique natural features on the subject property. 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 project is in conformance with the stated purpose of the Central District, as outlined in Section 8.01 of the Land Development Regulations. 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. Open space requirements are not applicable to the proposed project. Wa 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 building that is being modified is already in existence, so the Board does not feel that the Fire Chief needs to review the plans. 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 proposed project will not affect the extension of utilities and infrastructure to adjacent properties. 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 applicant submitted exterior lighting details (cut -sheets) for the proposed building with the design review application. However, these lighting fixtures were not in compliance with Appendix D of the Land Development Regulations. Additional lighting details were not submitted with the preliminary or final plat applications. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is in conformance with the Comprehensive Plan. Indoor recreation facilities and retail services are permitted uses in the CD2 Zoning District. 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. The proposed project will remove the center portion of the existing building on the subject property. The Board does not feel that this modification will have a significant affect on the relationship between structure and the site, the relationship between structure and structure, planting areas, or pedestrian movement. Pursuant to Table 13-1 of the Land Development Regulations, the indoor recreation facility will require 0.33 parking spaces per person in maximum occupancy permitted. The applicant has stated that the 5,200 square foot indoor recreation facility space will have a maximum occupancy of 60 persons. Thus, twenty (20) parking spaces will be required to serve the indoor recreation facility space. Pursuant to Table 13-1 of the Land Development Regulations, the retail business use will require 5 parking spaces per 1,000 square feet of gross floor area (GFA). The applicant is proposing to dedicate 8,000 square feet to retail business use, and therefore would require forty (40) parking spaces. So, the entire -3- property will require sixty (60) parking spaces to accommodate the proposed uses. The site currently provides fifty (50) parking spaces. The applicant submitted a shared parking analysis in compliance with Section 13.01(E) of the Land Development Regulations. This analysis indicates that the proposed uses on the subject property will require a maximum of forty-eight (48) parking spaces, which are being provided. In addition, the plans depict the two (2) handicapped -accessible parking spaces required by Section 13.01(1) of the Land Development Regulations. The plans depict a bicycle rack Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The existing parking is located along the side of the existing building. The proposed parking will be behind the two (2) proposed buildings, relative to the public streets. 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 proposed project will not result in any changes to the height of the existing structure. 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. The subject lot is within the City Center Design Review Overlay District 2. Thus, the South Burlington Design Review Committee shall review the proposed project, prior to any exterior renovations. 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 subject lot is within the City Center Design Review Overlay District 2. Thus, the South Burlington Design Review Committee will review the proposed project to ensure that this requirement is being met. 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 applicant will be required to provide the City with a 7' wide easement along San Remo Drive to accommodate a future sidewalk. This easement is depicted on the plans as a proposed easement. It is not depicted on the survey plat. 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 an adequately screened dumpster. Landscaping The applicant has stated that the proposed project will cost approximately $60,000. Pursuant to Section 13.06(G) of the Land Development Regulations, the project requires a minimum landscape value of $1,800. The applicant has submitted a landscape plan and budget that indicates $3,440 worth of landscaping will be planted. Thus plan and budget include the required Chanticleer Callery Pear that is part of the San Remo Drive Streetscape Plan. This tree will not be planted until the completion of the new sidewalk. The landscape plan refers to the correct 3-3.5" tree, while the landscape budget refers to a 2-2.5" tree. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The proposed snow storage area is depicted on the plans. Traffic According to the ITE Manual, 7t" Edition, the indoor recreational facility (LU: 437) is estimated to generate 3.54 vte per 1,000 square feet in the P.M. peak -hour. Thus, the proposed indoor recreation facility is estimated to generate 18.4 vte in the P.M. peak -hour. The retail business (LU: 814) is estimated to generate 2.71 vte per 1,000 square feet in the P.M. peak -hour. Thus, the proposed retail business is estimated to generate 21.7 vte in the P.M. Peak -hour. The property is therefore estimated to generate 40.1 vte in the P.M. peak - hour. In the most recent approval (effective March 15, 1994), the Planning Commission granted the subject property a traffic budget of 73.7 P.M. peak -hour vte. The proposed estimated traffic generation is within this budget, and therefore the applicant is not required to pay any additional traffic impact fees. Other -5- The City Engineer reviewed the plans and provided comments in a letter dated August 19, 2004. The applicant complied with some of the City Engineer's requests in the time between the sketch plan review and the submittal of the subject application. However, some of the City Engineer's requests do not appear to have been met, including: showing the lot line along Dorset Street; showing the existing and proposed water lines; showing the proposed grade of the parking lot. The floor area ratio (F.A.R.) for this property will be 0.3. The maximum allowed in the CD2 Zoning District is 0.5. DECISION Motion b �r�� � I ., seconded b to approve Preliminary Plat Application #SD-04-79 and Final Plat Application #SD- 4-$0 of Patrick Malone, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3) The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording. a) The plans shall be revised to comply with the remaining requests of the City Engineer, as outlined in his comments dated August 19, 2004 and mentioned above. b) The survey plat shall be revised to depict a T wide sidewalk easement along San Remo Drive. c) The plans shall be revised to eliminate the word "proposed" when referring to the 7' wide sidewalk easement along San Remo Drive. 4) The applicant shall comply with the requests of the City Engineer, as outlined in his letter comments dated August 19, 2004 and mentioned above. 5) If needed, the applicant must obtain final wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit. 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. M 7) Exterior lighting details for the building, in accordance with Appendix D of the Land Development Regulations, shall be submitted prior to issuance of a zoning permit. 8) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9) Prior to the issuance of a zoning permit for any exterior modifications to the existing building, the applicant shall submit a design review application to the Design Review Committee for review and subsequent approval by the Development Review Board. 10) The applicant shall submit legal documents for the seven (7) foot sidewalk easement, which shall be approved by the City Attorney and recorded in the South Burlington Land Records, prior to issuance of a zoning permit. 11) The applicant shall post a landscape bond for $3,440, prior to the issuance of the zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 12) The landscape budget shall be revised to refer to a 3-3.5" Chanticleer Caliery Pear, prior to permit issuance. 13) The applicant shall be responsible for planting the Chanticleer Callery Pear Tree in the San Remo Drive r.o.w. after the sidewalk is installed when requested to do so by the City. 14) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 15) Prior to recording the final plat plans, the applicant shall record a "Notice of Condition" in the South Burlington Land Records, which has been approved by the City Attorney, indicating that the applicant will provide the owner of the property to the north an access easement to the applicant's property if deemed necessary by the Development Review Board in connection with a plan approved for development of the property to the north. 16) Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 17) The final plat plans (survey plat & sheet #C1.02) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the 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 of Planning & Zoning. -7- Chuck Bolton —,ye_) nay/abstain/not present Mark Boucher — yealnay/abstain/not present John Dinklage—,yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Michele Kupersmith — yea'/nay/abstain/not present Larry Kupferman — yea*nay/abstain/not present Gayle Quimby — kea)nay/abstain/not present Motion carried by a vote of -�-- 0 --L Signed this day of December, 2004 by 7 / John Dinklage, C h a r Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).