HomeMy WebLinkAboutSD-01-27 SD-01-28 DR-01-02 - Decision - 0364 0366 0368 Dorset Street#SD-01-27 & #SD-01-28 & #DR-01-02
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat application #SD-01-27, final plat application #SD-
01-28 and design review application #DR-01-02 of South Burlington Realty Company to
amend a planned unit development consisting of: 1) a 4800 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, 2) an 8,016 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 1) 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 of tenants, and 3)
constructing a 20,000 square foot medical office building along the eastern boundary of
364, 366 and 368 Dorset Street.
On the 15th of May, 2001, the South Burlington Development Review Board approved
the preliminary and final plat applications of the South Burlington Realty Company under
Sections 203 and 204 of the South Burlington Subdivision Regulations and the design
review application under Section 24.20 of the South Burlington Zoning Regulations
based on the following findings:
1. This project consists of a preliminary and final plan application and a design
review application to amend a planned unit development consisting of 1) a 4800
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, 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:
1) 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 of tenants, and 3) constructing
a 20,000 square foot medical office building along the eastern boundary of 364,
366, and 368 Dorset Street.
2. The owner of record is Randall Munson.
3. This property is located within the City Center District Two. It is bounded on the
west by Dorset Street, the south and east by San Remo Drive, and on the north by a
commercial property.
4. Access: Three points of access are proposed. One existing 15-foot ingress only
access drive from Dorset Street serves both 366 and 368 Dorset Street (36 foot
maximum). An existing point of access is also available via a private shared
r.o.w. connecting Dorset Street with San Remo Drive. A proposed point of access
along San Remo Drive will be a 25 foot wide ingress and egress access drive
running perpendicular to the existing buildings across the back of the lot between
the proposed building and the existing buildings. Section 26.103 of the Zoning
Regulations prohibits more than one driveway access per lot unless one is
designated for entering and the other for exiting. In the Board's previous
approvals of this property, three points of access have been approved.
5. Coverage: The proposed building coverage, as noted on the plans, will decrease
from 28.2% to 27.3% (40% maximum). The total coverage for the lot as depicted
on the plans submitted will increase from 68.8% to 82.1 % (90% maximum).
6. F.A.R./Density: The proposed F.A.R. of the project is .38 (.5 maximum).
7. Height: The proposed building will be 42 feet in height and will utilize a pitched
roof (45 foot maximum is permitted to the ridgeline).
8. Building Envelopes/Setbacks: The proposed building will be setback 32 feet from
the center of San Remo Drive on the eastern boundary of the property, and 97 feet
from the center of San Remo Drive on the southern boundary of the property.
The building envelope in Central District Two is required to be between zero (0)
and 80 feet from a point 32 feet from the centerline of the San Remo Drive r.o.w.
This requirement is being met. Section 14.402 of the Zoning Regulations requires
an 80-foot building envelope. This envelope is delineated as beginning 20 feet
from the east of the right of way along Dorset Street and 32 feet from the
centerline along San Remo Drive. This building envelope requirement precludes
a significant portion of parking within the building envelope. Staff determined
that the proposed parking within the building envelope is not a significant portion
of the parking.
9. Parking: This project will require 193 parking spaces. Only 175 spaces are being
provided for an 18 space or 9.3% shortfall. The spaces provided include the
addition of 21 on -street parking spaces. Five handicapped spaces are being
provided as required. A bike rack is provided. Staff recommended granting a
parking waiver of 18 spaces or 9.3%. This plan shows a large number, 64 out of
141, of parking spaces located within the building envelope and which are not
hidden from view by a building. The actual proposed spaces represent 33% of the
total required parking and 34.6% of the allowable building envelope. Section
14.402 of the Zoning Regulations requires that parking be located out of the
building envelope unless the parking is hidden from view from a public street or
the parking represents a minor portion of the required total parking, and the
parking is occupying a minor portion of the building envelope. The applicant has
shifted the proposed building to the corner of San Remo Drive thereby decreasing
the number of proposed parking spaces within the building envelope.
10. Planned Unit Development Criteria: The applicant submitted a letter addressing
the p.u.d. criteria under Section 14 of the Zoning Regulations and the p.u.d.
criteria under Section 26.15 of the Zoning Regulations. The applicant has
provided common open space on the corner of San Remo Drive.
11. Lighting: Cut sheets for all fixtures have been provided but are illegible. All
lights must be downcasting and metal halide of a white color (CRI 70 or greater)
as required under Section 24.402(f) of the Zoning Regulations. Legible cut
sheets should be submitted for review and approval by the Director of Planning
and Zoning prior to permit issuance.
12. Sewer: The applicant submitted a request for a revised sewer allocation of 8,425
g.p.d. This property is currently approved for 5,415 g.p.d. The applicant should
expect to pay the per gallon fee for the additional 3,010 g.p.d.
13. Traffic: The property is currently approved for 117 P.M. peak vte's. The applicant
submitted correspondence indicating that the proposed building will generate 28
additional P.M. peak vte's for a total of 145 P.M. peak vte's. The applicant
should expect to pay the associated impact fee prior to permit issuance.
14. Dumpster: A screened dumpster area for the proposed building will be located
between 364 and 366 Dorset Street.
15. Landscaping: The applicant will be expected to comply with the streetscape
design for San Remo Drive. The Little Leaf Linden Trees proposed for the
western east leg of San Remo Drive should be replaced with 3"- 3 1/2"
Chanticleer Pear Trees. Staff also recommended that the applicant explore the
cost of installing the infrastructure required for the five streetlights around this
corner of the property which may be credited to the minimum landscaping
requirement. A right-of-way dedication will be required for the construction of
the sidewalk. The minimum landscaping requirement, based on building costs, is
being met.
16. Design Review: The City Center Design Review Committee considered this
application at their May 14, 2001 meeting. Recommendations were available at the
meeting. Staff recommended that any changes to 364 Dorset Street be required to be
reviewed by the Design Review Committee.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves preliminary plat application #SD-01-27, final plat application #SD-01-28 and
design review application #DR-01-02 of South Burlington Realty Company to amend a
planned unit development consisting of 1) a 4800 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, 2) an 8,016 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.
1) 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 of tenants, 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
three (3) page set of plans, page one entitled "South Burlington Realty 364-368 Dorset
Street South Burlington Vermont," prepared by Llewellyn -Howley, Inc, dated 5/7/99, last
revised on 4/24/01, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. The plat plans shall be revised to show the changes below and shall require
approval of the Director of Planning & Zoning. Four copies of the approved
revised plans shall be submitted to the Director of Planning & Zoning prior to
recording:
a) The plans shall be revised to illustrate the water main on the north -south part
of San Remo Drive.
b) The plans shall be revised to include legible cut sheets for all proposed lights.
c) The plans shall be revised to substitute Y- 3 '/2" caliper Chanticleer Pear trees
for the four (4) Little Leaf Linden trees proposed for the eastern let of San
Remo Drive.
d) The plans shall be revised to illustrate a r.o.w. dedication for the sidewalk.
4
e) The center bay of the west fagade shall be redesigned in consultation with
staff to make it similar to the center bay of the east fagade.
f) The applicant shall work with staff to screen the utilities on the east fagade of
the phase one building at 368 Dorset Street with a similar landscape design to
that utilized around the transformer on the southwest corner of the property.
g) The plans shall be revised to include a hedgerow screening the parking on the
northeastern corner of the property from view from San Remo Drive.
3. All exterior lighting shall consist of downcasting shielded fixtures. Any change
to approved lights shall require approval of the Director of Planning & Zoning
prior to installation.
4. The applicant shall be required to comply with the San Remo Drive Streetscape
including, but not limited to, the planting of street trees, a sidewalk along all street
frontage, and installation of the infrastructure required for the seven streetlights
around the southeastern corner of the property excluding the bases.
5. The proposed structure shall utilize a high quality vinyl that does not use a
simulated grain.
6. The applicant shall work with staff to minimize the effects of mechanical systems
on the design of the building site prior to permit issuance.
7. The applicant shall post a $14,500 landscape bond prior to issuance of a zoning
permit. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
8. For the purpose of calculating road impact fees under the South Burlington
Impact Fee Ordinance, the Development Review Board estimates that the new
building will generate 28 additional vehicle trip ends during the P.M. Peak hour.
9. The Development Review Board approves an additional sewer allocation of 3,010
g.p.d. resulting in an 8,425 g.p.d. allocation for this property. The applicant will
be required to pay the per gallon fee prior to permit issuance.
10. The new building shall be sprinklered and include a fire alarm.
11. The applicant shall comply with the requirements of the South Burlington Water
Department as outlined in a letter dated 5/4/01 from Jay Nadeau to Llewellyn -
Howley, Inc.
12. Pursuant to Section 25.256(b) of the zoning regulations, the Development Review
Board approves a 20 space or 10.4% waiver for a total of 173 spaces approved.
13. For the purposes of zoning and subdivision, 364 Dorset Street shall not be exempted
from Design Review associated with changes of use or fagade alterations.
14. Prior to recording the final plat plans, the applicant shall record legal documents
for the sidewalk easement approved by the City Attorney.
15. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the building.
16. The final plat plan (site plan sheet 1 of 1) shall be recorded in the South Burlington
land records within 90 days or this approval is null and void. The plan shall be
signed by the Development Review Board Chair or Clerk prior to recording.
_ fU
Chair or Clerk
South Burlington Development Review Board
/Z a/
11 D e
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant
to 24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee
is $150.00. 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 V.S.A. § 4472(d)
(exclusivity of remedy; finality).