HomeMy WebLinkAboutSD-00-28 - Decision - 0364 0366 0368 Dorset Street#SD-00-28
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat 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 constructing: 1) an 8,944 square foot building consisting of 2500 square feet
for retail use, 3,000 square feet of general office use, and 3,000 square feet of medical
office use (phase 1), and 2) a 13,640 square foot building consisting of 4,000 square feet
of medical office use and 8,380 square feet of general office use (phase 2), 364, 366 and
368 Dorset Street.
On the 20th of June, 2000, the South Burlington Development Review Board approved
the preliminary plat application of the South Burlington Realty Company under Section
203 of the South Burlington Zoning Regulations based on the following findings:
1. 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 constructing: 1) an 8,944 square foot building consisting of 2500
square feet for retail use, 3,000 square feet of general office use, and 3,000 square feet of
medical office use (phase 1), and 2) a 13,640 square foot building consisting of 4,000
square feet of medical office use and 8,380 square feet of general office use (phase 2),
364, 366 and 368 Dorset Street.
2. The owner of record is the South Burlington Realty Company.
3. 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.
4. Access: Three points of access are 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. The access from Dorset Street is
proposed to be one-way in.
5. 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.
6. 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).
7. F.A.R./Density: The proposed F.A.R. of the project is .35 (.5 maximum).
8. 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).
9. 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".
In order to meet this requirement, the applicant must eliminate four (4) additional parking
spaces. The applicant is requesting a parking waiver in order to attempt to meet building
envelope requirements.
10. Parking: This project will require 165 parking spaces. Only 139 spaces are being
provided for a 26-space or 15.8% shortfall. This parking calculation includes 24 on -
street parking spaces. Six 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 (25% or less). The proposed
parking does not meet these criteria as 28.7% of the proposed parking is within the
building envelope. Staff suggests removing four (4) parking spaces from the building
envelope to meet this requirement. This would result in a 30 space or 18% shortfall.
Staff recommended granting a 30 space waiver provided the applicant removes three
additional parking spaces from the building envelope.
11. Planned Unit Development Criteria: The applicant has submitted a letter addressing
the p.u.d. criteria under Section 14 of the Zoning Regulations. The applicant should also
consider the p.u.d. criteria under Section 26.15 of the Zoning Regulations. The applicant
has revised the plans to include a small plaza area between the phase one building and the
phase two building. This provides some public open space within the proposed project.
It should be noted that the applicant will be expected to comply with the San Remo Drive
streetscape plan upon its completion.
12. Lighting_ Cut sheets for all fixtures have been provided for review by the Director of
Planning and Zoning.
13. Sewer: A 4,000 g.p.d. sewer allocation is requested. The applicant will be required
to pay the per gallon fee prior to permit issuance.
14. Traffic: The proposed general office use, medical office use, and retail uses for phase
one is estimated to add 55.3 P.M. peak hour trip ends. The applicant suggested that the
retail may be a deli or another type of restaurant and the vte estimation has taken this into
account. The proposed retail use will need to be clarified in order to estimate the
predicted P.M. peak hour trip ends for the phase one building. The proposed general
office use and medical office use for phase two will add 29.93 PM peak hour trip ends.
The total project will therefore generate 85 additional P.M. peak hour trip ends. The
applicant should expect to pay a road impact fee.
15. Dumpster: A screened dumpster area is provided.
16. Landscaping: The minimum landscaping requirement, based on building cost is
$16,583.20, It is expected that the applicant will be required to comply with the street
improvements for San Remo Drive. Staff researched 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 contracted a
landscape architect to devise a Streetscape Plan for San Remo Drive that will be
completed and ready for implementation this fall.
17. 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 has submitted plans depicting an
island design and wishes the Board to interpret whether the island satisfies this requirement.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves the preliminary plat application #SD-00-28 of South Burlington Realty
Company for a planned unit development consisting of: 1) an existing 4800 sq. ft.
building consisting of 3,600 sq. ft. of convenience store use and a 1200 sq. ft. fast food
restaurant with twenty-two seats, and 2) an existing 8,060 sq. ft. building consisting of
3500 sq ft. of general office use and 4560 sq. ft. used for a multiple number of
commercial uses for multiple number of tenants. The amendment consists of
constructing: 1) an 8,944 sq. ft. building consisting of 1500 sq. ft. for retail use and 7444
sq. ft. of general office use (phase 1), and 2) a 13,640 sq. ft. building for general office
use (phase 2), 364, 366 and 368 Dorset Street, as depicted on a six 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 6/12/00, 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 final plat plans shall be revised so as to provide a green visual barrier
from Dorset including evergreen screening.
b. The survey plat shall be revised to show all the lots merged into one lot
and show all existing building footprints.
3. The final plat submittal shall include the maximum number of P.M. peak hour
vehicle trip ends for which the applicant is seeking approval.
4. Prior to recording the final plat plans, the applicant shall record legal documents
for the sidewalk easement approved by the City Attorney.
5. Pursuant to Section 25.256(b) of the zoning regulations, the Development Review
Board approves a 26 space of 15.8% waiver for a total of 139 spaces approved.
6. Pursuant to Section 26.103(a) of the zoning regulations, the Development Review
Board approves an additional access to San Remo Drive.
7. The final plat submittal shall include a report addressing the PUD criteria under
Section 26.151 of the zoning regulations.
8. 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.
9. 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.
10. 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.
11. 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.
12. Prior to final plat submittal, the applicant shall consult with the City Engineer
regarding stormwater runoff and make necessary revisions so as not to overload
the Dorset Street system.
13. The final plat application shall be submitted within 12 months.
14. 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.
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Chair or Clerk Date
South Burlington Development Review Board