HomeMy WebLinkAboutSD-00-32 DR-00-07 - Decision - 0364 0366 0368 Dorset Street?5 SSE"� a
#SD-00-32 & #DR-00-07
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application and design review application of the 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, and 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. The
amendment consists of 1) constructing an 8,944 square foot building (phase 1), 2)
constructing a 13,640 square foot building (phase 2), and 3) approval to use the two (2)
existing buildings and the two (2) new buildings for a multiple number of commercial
uses for a multiple number of tenants, 364, 366 and 368 Dorset Street.
On the 25th of July, 2000, the South Burlington Development Review Board approved
the final plat application of the South Burlington Realty Company under Section 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 property is located within Central 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.
2. The owner of record is Randall Munson.
3. This project consists of amending 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, and 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. The
amendment consists of. 1) constructing an 8,944 square foot building (phase 1), 2)
constructing a 13,640 square foot building (phase 2), and 3) approval to use the two (2)
existing buildings and the two (2) new buildings for a multiple number of commercial
uses for a multiple number of tenants, 364, 366 and 368 Dorset Street.
4. The applicant requested that 364, 366, and 368 Dorset Street be approved for a multiple
number of tenants for any of the permitted and conditional uses listed below. This request
was made with the provision that all the uses would not require more than 165 parking
spaces and would not generate more than 5,415 gpd of sewer allocation and not generate
more than 117 vehicle trip ends during the P.M. peak hour. The reason for this request was
to allow the applicant the flexibility of changing tenants whose uses fall within the approved
sewer, traffic and parking limits without having to return to the Development Review Board
each time. When a use is to be changed, the applicant will contact the Director of Planning
& Zoning and he will review the existing uses and the proposed use to make certain that it
does not exceed the upper limits approved by the Development Review Board.
The Development Review Board was made aware that approving multiple uses would
preclude the applicant from having to obtain design review approval when a change of use is
proposed. The applicant will be required to seek design review approval only when a
physical change of the exterior of the building or to the site is proposed. Staff recommended
that 364 Dorset Street not be exempted from Design Review, as the building has not been
substantially rehabilitated in comparison to the recently rehabilitated building at 366 Dorset
Street.
Uses requested were as follows:
14.101 Permitted Uses:
(a) Retail and personal services including pharmacy, convenience grocery,
supermarket, florist, beauty/barber, hardware store, and other retail and
personal service shops, provided no shop or store exceeds 20,000 square
feet of gross floor area. A shop or store that exceeds 20,000 square feet
may be permitted provided: (i) the shop or store occupies at least two (2)
stories in a building (ii) at least 40% of the shop or store's gross floor
area is contained on the second floor.
(b) General office
(c) Medical office
(f) Bakery and delicatessen restaurants
(i) Printing, bookbinding, and publishing
0) Educational facility
(k) Indoor recreation
(1) Accessory uses to the uses listed above
14.201 Conditional Uses:
(a) Fast food restaurants that serve walk-in sit-down customers. No drive
through establishments allowed.
(h) Accessory uses to the use listed above.
5. Access: Three points of access were proposed. One existing 36-foot 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 r.o.w. connecting Dorset Street with San
Remo Drive. A proposed point of access along San Remo Drive will be almost parallel
with the existing access and will be 28 feet in width (36 foot maximum). 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. This additional access was approved as
part of the preliminary plat approval. The access from Dorset Street is proposed to be
one-way in.
6. Lot Size/Frontage: The lot is 101,734 sq. ft. and therefore exceeds the 35,000 square
foot minimum lot size requirement. The lot also meets the minimum 120 foot frontage
requirement.
7. Coverage: The proposed building coverage, as noted on the plans, is 28.2% (40%
maximum). The total coverage for the lot as depicted on the plans submitted is 68.8%
(90% maximum).
8. F.A.R./Density: The proposed F.A.R. of the project is .35 (.5 maximum).
9. Height: The first phase building will be 34 feet in height and will utilize a pitched roof
(45 foot maximum to the ridgeline). The second phase will be 30 feet in height and will
utilize a pitched roof (45 foot maximum to the ridgeline).
10. Building; Envelopes/Setbacks: The proposed buildings will be setback 20 feet along
Dorset Street (20 foot minimum), 19 feet on its northern boundary (5 foot minimum), 32
feet from the r.o.w. centerline along the eastern boundary running along San Remo Drive
(32 foot minimum), and 32 feet from the r.o.w. centerline along the southern boundary
running along San Remo Drive (32 foot minimum).
Section 14.402 of the Zoning Regulations states: "Allowable building envelopes shall be
between zero (0) and 80 feet from the nearest planned public street right-of-way, with the
exception of San Remo Drive and Dorset Street. Along San Remo Drive, the envelope is
measured from a point 32 feet from the centerline of the San Remo Drive right-of-way,
thereby creating a 20 foot minimum front yard setback from Dorset Street."
This section also states that the Board may only approve "surface parking which is within
the allowable building envelope and which is not hidden from the public street by a
building provided: (i) the subject parking represents a significantly minor portion of the
total parking required for the property, (ii) the area encompassed by the subject surface
parking represents a significantly minor portion of the total allowable building envelope
area existing on the property, and (iii) the overall site design of the property is found to
be in conformance with the intent and purpose of the Central District". The preliminary
plat approval modified the parking to add four (4) parking spaces within the allowable
building envelope.
11. Parking: This project will require 165 parking spaces. Only 139 spaces are being
provided for a 26-space or 15.8% shortfall. This shortfall was approved as part of the
preliminary plat approval. This parking calculation includes 24 on -street parking spaces.
Ten handicapped spaces are being provided (5 space minimum requirement). A bike rack
is provided.
One of the requirements of Section 14.402 of the Zoning Regulations (see Building
Envelopes/Setbacks) requires that parking be located out of the building envelope unless
the parking is a minor portion of the total parking required (interpreted by staff to be 25%
or less). The proposed parking does not meet these criteria as 28.7% of the proposed
parking is within the building envelope. The Development Review Board, considered
whether 29% of the parking should be considered a minor portion of the parking.
12. Planned Unit Development Criteria: The applicant has submitted a letter addressing
the p.u.d. criteria under Sections 14 and 26.151 of the Zoning Regulations. The applicant
has provided a small plaza area between the phase one building and the phase two
building which provides some public open space within the proposed project. It should
be noted that the applicant would be expected to comply with the San Remo Drive
streetscape plan upon its completion.
13. Lighting_ Cut sheets for all fixtures have been provided for review by the Director of
Planning and Zoning. All lights must be downcasting and shielded and approved by the
Director of Planning and Zoning. The applicant should be aware that the Streetscape
plan will likely include free-standing street lights.
14. Sewer: An additional 4,000 g.p.d. sewer allocation is requested for a total of 5,415
gpd. The applicant will be required to pay the per gallon fee prior to permit issuance for
the additional allocation.
15. Traffic: This property is currently approved for 95 P.M. peak vehicle trip ends. The
proposed uses will add 22 P.M. peak hour trip ends for a total of 117 P.M. peak hour trip
ends. The applicant should expect to pay a road impact fee for the additional 22 vte's.
16. Dumpster: A screened dumpster area is provided.
17. Landscaping: The minimum landscaping requirement of $16,583.20, based on
building cost is, is being met. It is expected that the applicant will be required to comply
with the street improvements for San Remo Drive. Staff was currently researching the
possibility of requiring the applicant to create two separate bonds: one for the site
landscaping and one for the streetscape landscaping. If this is possible and the project is
approved, staff would issue a temporary Certificate of Occupancy for Phase One once the
site landscaping is planted and a permanent C.O. once the streetscape landscaping is
installed. The City was in the process of contracting a landscape architect to devise a
Streetscape Plan for San Remo Drive that will be completed and ready for
implementation in the fall. Staff recommended that the proposed Sugar Maple located at
the northeasterly corner of the phase one building be replaced with a large evergreen (i.e.
Blue Spruce) to comply with the preliminary plat condition 2a to provide a green visual
barrier from Dorset Street.
18. Sidewalk: The applicant should be made aware that the San Remo Drive Streetscape
plan will likely include a requirement for sidewalk along all of the property's frontage on
San Remo Drive.
19. Design Review: The City Center Design Review Committee considered this application
at their May 22nd meeting. The applicant has complied with the conditions of the
Committee with the possible exception of condition 2(f): "The plans should be revised to
extend the island area out from the building envelope into the parking area so as to provide a
green visual barrier from Dorset_ Street." The applicant submitted plans, depicting an, island
design that extends partially out into the parking area with evergreens for the Board's
approval.
20. Lots: The preliminary plat approval required that the three (3) existing lots be merged
into one (1) lot. The applicant requested that three (3) lots be approved for signage
purposes. Staff did not have a problem with this proposal. They recommend that a "Notice
of Condition" be recorded which has been approved by the City Attorney which states that
for zoning and subdivision purposes the three (3) lots will be treated as a one (1) lot planned
unit development.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves the final plat application #SD-00-32 & design review application #DR-00-07 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, and 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. The
amendment consists of. 1) constructing an 8,944 square foot building (phase 1), 2)
constructing a 13,640 square foot building (phase 2), and 3) approval to use the two (2)
existing buildings and the two (2) new buildings for a multiple number of commercial
uses for a multiple number of tenants, 364, 366 and 368 Dorset Street, as depicted on a
five page set of plans, page one entitled "South Burlington Realty South Burlington
Vermont," prepared by Llewellyn -Howley, Inc, dated 5/7/99, last revised on 7/13/00,
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 north to south property boundary dividing 366 and 368 Dorset Street
shall be revised so as to not divide either building.
3. Prior to recording the final .plat plans, the applicant shall record a "Notice of
Condition" approved by the City Attorney which states that for zoning and
subdivision purposes the boundary lines of 364, 366, and 368 Dorset Street shall
be dissolved and the properties considered as one lot.
4. This approval for 364, 366, and 368 Dorset Street includes the following uses
which are currently permitted in the CD2 District: 1) Retail and personal services
including pharmacy, convenience grocery, supermarket, florist, beauty/barber,
hardware store, and other retail and personal service shops, provided no shop or
store exceeds 20,000 square feet of gross floor area. A shop or store that exceeds
20,000 square feet may be permitted provided: (i) the shop or store occupies at least
two (2) stories in a building (ii) at least 40% of the shop or store's gross floor area is
contained on the second floor, 2) General office, 3) Medical office, 4) Bakery and
delicatessen restaurants, 5) Printing, bookbinding, and publishing, 6) Educational
facility, 7) Indoor recreation, 8) Accessory uses to the uses listed above, 9) Fast food
restaurants that serve walk-in sit-down customers. No drive through establishments
allowed, and 10) Accessory uses to the use listed above. If the zoning regulations
change so that any of the above uses are no longer permitted, then those uses
which are no longer permitted shall no longer be approved.
5. This approval is conditioned on a maximum of 165 parking spaces, 5,415 gpd of
sewer allocation, and 117 vehicle trip ends (vte's) during the P.M. peak hour for
the entire planned unit development.
6. The applicant shall obtain approval from the Director of Planning & Zoning prior
to the change of any tenant in any of the buildings. The Director shall approve
the proposed new tenant only if the proposed combination of uses fits within the
limitations established in stipulation #5 above. In making his determination, the
Director shall utilize the parking standards contained in Table 1 of the Zoning
Regulations, sewer flow quantities used by the Vermont Agency of Natural
Resources, and trip generation rates contained in the ITE Trip Generation Manual.
If a use is proposed which does not fit clearly within any of these standards or if a
shared parking concept is proposed in order to meet the parking limit, the
applicant shall obtain approval from the Development Review Board for the
proposed use.
7. For the purposes of zoning and subdivision, 364 Dorset Street shall not be exempted
from Design Review associated with changes of use.
8. Prior to recording the final plat plans, the applicant shall record legal documents
for the sidewalk easement approved by the City Attorney.
9. Pursuant to Section 25.256(b) of the Zoning Regulations, the Development
Review Board approves a 26 space or 15.8% waiver for a total of 139 spaces
approved.
10. Pursuant to Section 26.103(a) of the Zoning Regulations, the Development
Review Board approves an additional access to San Remo Drive.
11. 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.
12. The Development Review Board approves an additional sewer allocation of 4000
gpd for a total allocation of 5415 gpd. The applicant will be required to pay the
per gallon fee prior to permit issuance.
13. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the proposed changes
will generate 22 additional vehicle trip ends during the P.M. peak hour.
14. The buildings at 368 Dorset Street shall be sprinklered and include a fire alarm.
15. Prior to issuance of a zoning permit, the applicant shall post a $16,585 landscape
bond. The bond shall remain in effect for three years to assure that the
landscaping takes root and has a good chance of surviving.
16. The applicant shall be required to fully implement the San Remo Drive
streetscape design plan once it has been developed and approved by the City.
17. Prior to recording, the applicant shall consult with the City Engineer regarding
stormwater runoff and make necessary revisions so as not to overload the Dorset
Street system.
18. Pursuant to Section 14.060 of the zoning regulations, the Development Review
Board modifies parking to add four parking spaces within the allowable building
envelope.
19. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the buildings.
20. The final plat plans (sheets 1 of 1 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
plats in digital format. The formal of the digital information shall require approval
of the Director.
21. The survey plat will be revised to show the existing building footprint on lot 366
Dorset Street. The proposed building locations shall be shown on the survey plat.
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air or Clerk Date
South Burlington Development Review Board