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HomeMy WebLinkAboutIZ-12-11 - Supplemental - 0005 Dorset Street#IZ-12-11 CITY OF SOUTH BURLINGTON CITY COUNCIL 5 DORSET STREET INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-11 FINDINGS OF FACT AND DECISION Larkin Realty, hereafter referred to as the applicant, requests conditional use approval under the Interim Bylaw to amend an existing PUD, demolish an existing two story, 89 unit hotel, and construct a four story, 89 unit extended stay hotel at 5 Dorset Street, The City Council held a public hearing on September 4, 2012, October 1, 2012, and October 22, 2012. Greg Rabideau of Rabideau Architects represented the applicant at these hearings. Based on testimony provided at the above mentioned public hearings, the plans and supporting materials contained in the document file for this application, the City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicant requests Interim Zoning conditional use approval to amend an existing PUD, demolish an existing two story, 89 unit hotel, and construct a four story, 89 unit extended stay hotel at 5 Dorset Street. 2. The owner of record of the subject property is Larkin Tarrant and Hoehl Partership c/o Larkin Realty. 3. The application was received on July 31, 2012. 4. The subject property is located in the Commercial 1- Residential 12 Zoning District. 5. The proposed hotel will be one of three structures in the amended PUD. The other two structures and uses are a 71 unit hotel (Comfort Inn) and a 9,522 square foot restaurant space (formerly Friendly's). 6. The plans submitted consist of a five (5) page set of plans, the first page entitled, "Landscape Plan, 5 Dorset Street," prepared by Green Mountain Earth Care, last dated, 6/20/12. 7. Applicant proposes an expansion of existing parking by twenty-three spaces, reconfiguring (narrowing) the principal curb cut and addition of a one way vehicle connection to the adjacent University Mall at the back of the property. 8. Applicant proposes no change in number of hotel units so there should be no adverse impact on community services. 1 E:IUSERSTIanning & Zoning0evelopment Review Boa rdTindings_Decisions12012VZ_12_11_5Dorset_LarkinHotel_ffd.doc #IZ-12-11 9. In this area along Williston Road and Dorset Street there is existing similar dense commercial development. 10. Written testimony states that there is no change in ITE trip generation for the proposed hotel from what was previously generated. 11. The site is fully developed and there are no environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) apparent on the site. There are no adjacent connected environmental limitations or significant natural resources. 12. The proposed development does not include renewable energy production on site. CONCLUSIONS OF LAW 1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section il: Description of Districts Affected This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)- (4) of the South Burlington Land Development Regulations except for. A. Airport Industrial B. Airport C. Institutional Agricultural — North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant-- Village Commercial 1. Mixed Industrial and Commercial District J. industrial and Open Space District The proposed residential development is within the Commercial 1 — Residential 12 Zoning District and, therefore, is subject to the Interim Bylaw. Interim Bylaw Section Ill: Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed. A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. 2 F:WSERSTIanning & ZoninglDevelopmenl Review Boa rffindings_Decisions12Q12UZ_12_11_Morset_LarkhHotel_W.doc #IZ-12-11 F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates its permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section 1 of the Interim Bylaw ("[Tjhe purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan the City is presently contemplating. The proposal to amend an existing PUD by replacing an existing two story, 89 unit hotel, with a four story, 89 unit extended stay hotel at 5 Dorset Street, is prohibited by the Interim Bylaw pursuant to Section Ill(A, B, and C) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. 11. STANDARDS OF REVIEW Interim Bylaw Section Vt: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the legislative body shall be granted only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: A. The capacity of existing or planned community facilities, services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and sites. E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that the proposed development is consistent with both the health, safety, and welfare of the municipality as well as the standards identified as A through F in Section III of the Interim Bylaw. 3 FAUSERMPlanning & Zoning\Development Review Boa rd\Finding s_Decisions12012Hz_12_11_5Dors et_LarkinHotel_H.doc #IZ-12-11 A. is the Proposed Development Consistent with the Health, Safety, and Welfare of the City of South Burlington? To determine whether the proposed development is consistent with the health, safety, and welfare of the City of South Burlington, the City Council considers whether the specific development proposal is the type of development that will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan presently being contemplated by the City. The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City Council's analysis of whether the proposed development is the type of development that will or could be contrary to the anticipated amendments. The Purpose statement is a summary both of the rationale for adopting the Interim Bylaw and of the studies and planning process that are underway in the City. The goals include the adoption of Form Based Code -style regulations for the City Center and adjacent Williston Road area and possibly other areas of the City; the update of the Comprehensive Plan to include as City goals the support of sustainable agriculture, the conservation of open space, and the promotion of housing for people of all incomes and stages of life; and the preparation and adoption of amendments to the Land Development Regulations that implement the City's goals and objectives. The City is in the process of formulating Form Based Code regulations for the City Center and adjacent Williston Road area and determining to what additional areas of the City, if any, the Form Based Code regulations will apply. (Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks.) The proposed development of land is located in the City Center / Williston Road area, and could be considered as part of the gateway area into City Center located within an area of the City in which the City is contemplating the adoption of Form Based Code regulations. The proposed four story building fronts on Dorset Street and the proposed parking will be to the side and behind the building. The curb cut will be narrowed with a pedestrian island constructed to provide refuge. The function and form, including scale and access, of the proposed development likely are consistent with potential Form Based Code regulations that the City might adopt for the Dorset Street/Williston Road area. The proposed development will not be contrary to any Form Based Code regulations that the City is contemplating for this area. It has been determined that this site has been established as built-up commercial development. No assessment has been completed as to the viability of agriculture on the site. However, in accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA & Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has been converted to urban land or built-up areas should no longer be considered Important Farmland." Moreover, the subject property has frontage on Dorset Street, and is situated at the Dorset Street/Williston Road intersection. While the proposed project does not conserve any additional open space, it does not result in any loss of open space. 4 FAUSERSOanning & ZoningTevelopment Review Boa rd\Finding s_Decisions1201211Z_12_11_5Dorset_LarkinHote! ftdoc #IZ-12-11 The proposed commercial development will replace existing commercial development on the property. Therefore, the project does not result in any net loss of housing units, whatever the degree of affordability. Based on this analysis, the Council concludes that the proposed development is not the type of development that will or could be contrary to the contemplated amendments to the Land Development Regulations and the Comprehensive Plan and is consistent with the health, safety, and welfare of the City of South Burlington. B. Is the Proposed Development Consistent with the Standards Identified as A through F in Section Ill of the Interim Bylaw? Even when the City Council concludes that a proposed project in consistent with the health, safety, and welfare of the City of South Burlington, the Council also must conclude that the proposed development will not result in an undue adverse effect on any of the standards listed in Section Vl of the Interim Bylaw in order for the proposed development to receive conditional use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. Applicant proposes no net increase in the number of hotel units, thus, the proposed development will not result in any new or additional demands on existing or planned community facilities, services or lands. The City Council therefore concludes that the proposed project will not result in an undue adverse effect on the capacity of existing or planned community facilities, services or lands. Interim Bylaw Section VI(B): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. Because the proposed development will replace existing commercial development with the same number of hotel units but two stories taller, the proposed development is similar to the surrounding hotels and other commercial uses in the area and does not impact the existing patterns of use. The City Council concludes that the proposed development will not result in an undue adverse effect on the existing patterns and uses of development in the area. Interim Bylaw Section VI(C): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed development will not result in an increase in traffic. The City Council concludes that the proposed development will not result in an undue adverse effect on traffic on roads and highways in the vicinity. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. S FAUSERSTIanning & ZoninglDevelopment Review Board\Findings_Decisions120121IZ_12_91_SDorset LarkinHotel_ffd.doc #IZ-12-11 No environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subject property. There are no adjacent connected environmental limitations or significant natural resources. Based on these findings, the City Council concludes that the proposed development will not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. Interim Bylaw Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. While the proposed development does not include renewable energy production on site, the proposed development does not preclude the use of renewable energy by adjacent properties. The City Council encourages the applicant to explore the use of rooftop solar panels. Thus, the City Council concludes that the proposed development will not result in an undue adverse effect on utilization of renewable energy resources. Interim Bylaw Section VI(F) The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. South Burlington Comprehensive Plan Goals (adopted March 9, 2011) Upon review and consideration of the goals in the existing Comprehensive Plan, the City Council concludes that the proposed project will not result in an undue adverse effect on the Comprehensive Plan. Land Development Regulations (amended May 7, 2012) If the following conditions are met, the proposed project will not result in an undue adverse effect on the existing Land Development Regulations: 1. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 2. The applicant shall obtain a zoning permit prior to the commencement of any land development. All other city ordinances If the following condition is met, the proposed project will not result in an undue adverse effect on all other City ordinances. 1. Applicants shall receive all other applicable City permits. Subject to the three conditions identified above, the City Council finds that the proposed subdivision will not result in an undue adverse effect on the Comprehensive Plan and other municipal bylaws, ordinances, or regulations in effect. 6 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions1201211Z_12_11_5Dorset_LarkinHotel_ffd.doc #[Z-12-11 For the reasons set forth above, the Council concludes that the proposed project is consistent with the health, safety and welfare of the City of South Burlington and the standards set forth in Section VI(A)-(F) of the Interim Bylaw. DECISION Motion by &An[]Ail Lken seconded by Satlm ]>ode , to approve Interim Zoning Conditional Use Application #IZ-12-11 of Larkin Realty, su ' ct 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 plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 4. The applicant shall obtain a zoning permit prior to the commencement of any land development. 5. Applicants shall receive all other applicable City permits. 6. Any changes to the project plans shall require approval of the South Burlington City Council so long as the interim Bylaw remains in effect. Rosanne Greco - a nay/abstain/not present Helen Riehle - e /nay/abstain/not present Pam Mackenzie - e nay/abstain/not present Sandra Dooley - e nay/abstain/not present Paul Engels - ea ay/abstainlnot present Motion r by a vote of _d-- _o - to ,mod Signed this day of 2012, by ci_;_ A Rosanne Greco, Chair 7 FAUSERSWIanning & ZoningMevelopment Review Boa rd\Findings_Decisions1201211Z_12_11_5Dorset_LarkinHotel_W.doc #IZ-12-11 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.org/GTC/environmental/default.aspx 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. 8 FAUSERSWIanning & ZoningTevetopment Review Board\Findings_Decisions120121iZ_12_11_5Dorset_LarkinHotei_ffd.doc 17 (s � /,-- From: Joe Larkin To: Greg Rabideau; Kimberly Murray Subject: Dorset St Hotel Date: Friday, October 05, 2012 3:28:04 PM Kimberly, I wanted to take a few moments to circle back to make sure I was reasonably articulate in response to Councilor Dooley's question regarding efficiencies of the new building. If appropriate, would you kindly forward this the council members ahead of our Oct 22 meeting. Best Joe We remain excited about the renewing of the Dorset Street corner. At the meeting on Monday, Councilor Dooley raised a question about comparable energy use in the new structure vs. the existing structure. Our interests are certainly aligned when it comes to energy use as it is a direct cost to us as operators. I had looked at this question a number of months ago and it has been one of the most compelling arguments for this new construction. I hope this follow up helps clarify/ support our prediction that the new construction building will have significant and meaningful efficiencies over the existing structure. We are quite fortunate to have the benefit of data from the existing building and the data of a building very similar to the new construction building that we are presenting (one that includes comparable guest amenities of fridge, cooktop/ stove, etc). Being an analyst at heart, I looked at this data a number of ways and the conclusions are all very similar. I think the easiest way to demonstrate the comparison is Cost Per Guest Night (CPGN). In short, over the past 3 years we have seen total utilities Cost per Guest Night ranging 55%- 73% higher for the existing old building with the average being 63%. Heating costs were the single largest culprit averaging 176% higher, but energy was meaningful as well averaging 21% higher. In all actuality my expectation is that we will capture even more efficiencies as HVAC and lighting systems have improved markedly even since the comparison sample building was constructed circa 2000. Note: CPGN calculations allows us to compare a property's operating results across the industry regardless of property size or room count. Sincerely, Joe Larkin MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing Interim Zoning Application #IZ-12-11 (5 Dorset Street) — DATE: October 22, 2012 City Council meeting Tonight's continued public hearing is an application for an amendment to a planned unit development to demolish the existing two-story 89 unit hotel (University Inn) and replace it with a four story, 89 unit hotel located in the Commercial I —Residential 12 Zoning District at 5 Dorset Street. The applicant, Joe Larkin, Larkin Realty has provided an additional narrative (email) addressing Councilor Dooley's questions regarding energy efficiencies of the proposed hotel. It is included with this memo. Our understanding is a representative for the applicant, Greg Rabideau, Rabideau Architects will be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com From: Helen Riehle Sent: Wednesday, November 28, 2012 8:54 PM To: Kimberly Murray Subject: Re: IZ-12-11 5 Dorset Street- Hotel Deliberative Session Cont. I am okay with this. I am also not sure if I should respond to all so I am just letting you know. Please forward if this does violate any open meeting law. Helen Sent from my iPad On Nov 26, 2012, at 10:47 AM, "Kimberly Murray" <kmurrav@sburl.com> wrote: Dear Councilors, In response to your questions during deliberative session 11/19 regarding the above application: The applicant did apply for an additional 23 parking space in the original application forms that you do not receive and they were included on the site plans you did receive but not included in the narrative text. The DRB reviews the parking requirements or any waiver requests from it. In relation to question relating parking spaces (impervious surfaces) and open space on the lot, the lot coverage will decrease almost 2% due to a reduced footprint with the proposed structure. In conclusion, even with the additional parking there is less impervious surfaces with the proposed application. The draft decision notes that this application does not conserve open space nor take any further open space. Please respond whether you are okay with approving the decision as written and I will tally the email votes and finalize the decision for Rosanne's signature upon her return. If further discussion by Council is requested, keep in mind the decision must be issued by Dec. 6th, you are meeting only one time again on Dec. 3rd to deliberate. It is also okay to deliberate via email if necessary. I've attached the draft decision again for your convenience. Thanks, <image001.jpg> KIMBERLY L. MURRAY, AIC Development Coordinator t 802-846-4131 f 801-846-4101 kmurrav@sburl.com www.sburl.com 575 Dorset Street I South Burlington, Vermont 05403 <IZ 12 11 SDorset LarkinHotel ffd.doc> TD a c- L-,—p +� alL-e-- R Kimberly Murray From: Sandy Dooley Sent: Thursday, November 29, 2012 1:38 PM To: Kimberly Murray; Helen Riehle; R Greco (rgreco@sburl.com); P Engels; Pam Mackenzie Cc: Sandy Miller, Bob Rusten (brusten@sburl.com) Subject: RE: IZ-12-11 5 Dorset Street- Hotel Deliberative Session Cont. Hello Kimberly and Councilors, Thank you for the additional information. What is the applicant's rationale for seeking approval for 23 additional parking spaces? Since there are the same number of units in the hotel, why are they proposing 23 more parking spaces? Are they required for some reason? If my memory serves me correctly, the restaurant lot and hotel lot at this location were previously one lot. Because lot coverage on that lot configuration would have prohibited the buidling of the second motel on this site (the one that is not being demolished) due to excess lot coverage, the applicant, with the full support of prior Planning Director, sought to subdivide the lot and the DRB approved it. It is also my recollection that this DRB action made the restaurant lot non -conforming due to excess lot coverage. It may not conform due to other factors. If my recollection is correct and the restaurant lot is non -conforming due to lot coverage and it was formerly part of the hotel lot, I am not inclined to view additional parking spaces on the hotel lot positively unless there is a good reason for creating this additional impervious surface. I understand your point the the coverage will go down just under 2% due to the reduced building footprint; still if the additional 23 parking spaces are not required and their elimination would reduce the lot coverage by 10%, that would be a significantly better outcome in my view. I will defer stating my position on this application until I hear more. For the future, if an applicant is proposing to increase parking, can we make it clear that this subject needs to be addressed in the narrative the applicant submits to the Council. Thank you again. Sandy From: Kimberly Murray Sent: Thu 11/29/2012 8:17 AM To: Helen Riehle; Sandy Dooley; R Greco (rgreco(asburl.com); P Engels; Pam Mackenzie Cc: Sandy Miller; Bob Rusten (brusten(&sburl.com) Subject: RE: IZ-12-11 5 Dorset Street- Hotel Deliberative Session Cont. Good Morning Councilors, I have three yeses (Helen, Pam, and Paul) and no word from Sandy D. or Rosanne (who I know is out of town). It is not violating the open meeting law as you are deliberating an IZ application. I will plan to prepare the approved decision for Rosanne's signature. This will take this item off your meeting time in deliberative session on 12/3. Sandy if you want to vote please do or I'll mark it down as an abstention. Thanks, Ki,v�l.y MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Public Hearing Interim Zoning Application #IZ-12-11 (5 Dorset Street) — DATE: October 1, 2012 City Council meeting Tonight's initial public hearing is an application for an amendment to a planned unit development to demolish the existing two-story 89 unit hotel (University Inn) and replace it with a four story, 89 unit hotel located in the Commercial 1 —Residential 12 Zoning District at 5 Dorset Street. The applicant, Larkin Realty has provided a narrative of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo submitted by Greg Rabideau, Rabideau Architects, as well as the existing features plan, overall site plan (proposed), landscape plan and two elevations sheets. Our understanding is a representative for the applicant, Greg Rabideau, Rabideau Architects will be in attendance at the public hearing on Monday. s7 `-f-r-i-`-o r asr - 575 Dorset Street Sou Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com South Burlington, Vermont Interim Zoning Application IZ-12-0-11, 5 Dorset Street, Larkin Realty Applicant. Project Description: The property at 5 Dorset Street is currently occupied by two hotels: the four story seventy one room Comfort Inn, and the 89 room University Inn, and a restaurant. It occupies an important location at the intersection of Dorset Street and Williston Road. The University Inn was originally constructed as a Howard Johnson's Motor Lodge and is dated and unattractive. The applicant seeks to demolish the old 89 room hotel and replace it with a new construction, high quality extended stay hotel with the same number of rooms. This is intended to be a branded product, and seeks to become a signature property for the applicant and community. The project has been reviewed by the development review board and has secured both sketch plan and preliminary plat approval. We are asking the City Council to consider the project as it relates to the Interim Zoning Ordinance and by laws, and so offer the following arguments in support of the application. Overcoming the presumption of the interim bylaw that the proposed project is prohibited: The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates it's permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356- 357, 358 (1971); see also Section I of the Interim Bylaw( It ••• the purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to whatever amendments to the Land Development Regulations that the City ultimately adopts. See Section III of the Interim Bylaw. As set forth above, the proposed project may be prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that a specific development proposal is not the type of development that will or could be contrary to the amendments to the Land Development Regulations that the City adopts. See 24 V.S.A. §4415(d). We believe that this project is a good candidate for such an approval and offer these insights into the projects relationship to the criteria. Adopt a Form Based Code -style regulations for the Williston Road/Dorset Street/City Center area: Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The newly proposed structure advances these goals by removing parking from the front yard setback, addressing the facade to the public right of way in a more direct manner, and providing a palate of high quality, more urban materials and design themes. Phone 802-863-0222 E-mail greg@rabideau-architects.com This property is at the gateway to the City Center District, but is not specifically in the district. It is a context of large buildings, including four story buildings at the Holiday Inn, Sheraton Hotel, Comfort Suites and Quarry Hill properties, as well as large commercial structures like Barnes and Noble and the University Inn. Traffic and access to the subject property are limited to a single curb cut on Dorset Street and the redesign of Dorset Street included several large electrical utility vaults that limit on site circulation and our ability to place the buildings closer to the street than proposed. These limits are the result of actions taken by the City and do not represent preferences of the applicant. The use of Brick, Stone, and other high quality elements are intended to present a landmark presence at the entry to this important area. Include support of sustainable agriculture as a City goal in the Comprehensive Plan: The subject property has been developed in its current form for half a century. This location has frontage on Dorset Street, Williston Road and Exit 14E of Interstate 89. As such it occupies the most intensely urban area in the City of South Burlington. No assessment has been completed as to the viability of agriculture on the site. However, in accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA & Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has been converted to urban land or build-up areas should no longer be considered Important Farmland." Include support of conservation of open space as a City goal in the Comprehensive Plan: The proposed hotel development replaces an existing hotel with the same number of units, with a new one of higher quality and better design. This site is not currently open space, and planning documents prepared by the City of South Burlington do not include it in any inventories of natural areas, view sheds, or significant conservation goals. Located in a Commercial Zone, the context is one of significant large scale commercial development including the University Mall, several large hotels, and many large buildings. Include support of promotion of housing for people of all incomes and stages of life as a City goal in the Comprehensive Plan: The proposed commercial development will replace existing commercial development on the property. Therefore, the project does not result in any net loss of housing units, whatever the degree of affordability. Other aspects of the Purpose Statement in Section I. of the Interim Zoning Bylaw: The proposed development is located adjacent to Williston Road , an area that has been examined as part of the Williston Road and Complete Streets Study area. The frontage along Dorset Street includes pedestrian pathways, and improvements to the existing curb cut will improve pedestrian safety by providing a safe harbor / median and by greatly reducing the width of the curb cut. Our planning also includes pedestrian ways between this property and the University Mall, as well as a limited use connection for cars between these two properties. This may help shunt some traffic off Dorset Street, and allow for patrons of both businesses to move between areas without having to confront traffic. Phone 802-863-0222 E-mail greg@rabideau-architects.com Interim bylaw conditional use criteria : Even when the City Council finds the application overcomes the presumption outlined in Section 11., the Council must also find that the specific development proposal will not have an undue adverse effect on any of the criteria in Section VI of the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The property is currently developed with an identical number of units and impacts as those proposed. The property will use sewer, water, fire and police service, and the local road network. As there is no increase in density, the demand must be considered as existing. Therefore, the project as approved will not have an adverse impact on services. Interim Bylaw Section VI(e): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed project will have exactly the same trip rate generation as the property has today. This fact, when combined with the pedestrian and vehicle connections to the University Mall, and the curb cut improvements proposed and noted above, indicate that the proposed project may even mitigate some traffic impacts. Therefore, there is no undue, and consequently no adverse impact to traffic caused by this proposal. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. This is an urban, fully developed site. If approved the proposed project would result in decreased lot coverage, and decreased front yard coverage. The post development impacts on storm water flows in the area would be better than the existing condition. There are no significant natural resource areas or site on the property, so that criterion does not apply. The planted area along the off ramp of 1-89 is not natural per se, but does provide an important aesthetic resource to the community. This proposal preserves that resource. Interim Zoning Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. By replacing an older, inefficient building with a new, very efficient building without disturbing new lands, the project helps to curb overall energy demand. Focusing on a site at the center of the City, with excellent access to transit routes, and the aforementioned pedestrian connection furthers that benefit. The site does not provide any opportunity for significant wind or water based renewable generation, but could accommodate solar power for hot water and or electricity. The applicant is willing to explore this, and has a record of promoting solar power in the City. Given solar orientation and the required setbacks, development of this site would not adversely impact the implementation of renewable power on any adjacent sites. Interim Bylaw Section VI(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. Because the property is fully developed today, and the applicant proposes to re -develop a portion of it with the same use, and in the same quantities, we assert that the project will not have an undue impact on the city's plans, by-laws, ordinances, or regulations. I would offer the approval of sketch plan and preliminary plat by the Development Review Board as a presumptive proof of that assertion, when taken in conjunction with the above statements of fact regarding the application. I believe that the proposal to upgrade this property furthers the general goal of creating a better image for the city center, and that such reinvestment is important to the economic health of the community. Phone 802-863-0222 E-mail greg@rabideau-architects.com I urge the City Council to approve this proposal as a Conditional Use, and to find that such an approval will not adversely impact the creation and implementation of the new regulations now being considered. I look forward to the hearing before the council. 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III' 15 I�pry IpI-pIIIppIII alllllllllllll II NNIryIryIIIryryIII ��III� IpI —IpIIIIpIpII IOWI I■M-3 1_� iI II Ind I IR '�'II $�II�I' 1�65N .rll..J,1.1'.4!�..ry'�ri�"�'mr��i,.��ll�c 1:= I�zrl urid#II II#II 1�-1 l,dlNr91J ,'1�'J�tll.l i°�V EXTERIOR ELEVATIONCP '••• • •. •• 1 '1V-0- 5 /OR OET STREET N .•• No Text m m £ES SiR m_ - 0 z- t� fill la I m p`B`ag=gg'�g'F�§QR$mmSmaas MINN Z N gg December 5, 2012 Re: #IZ-12-11, 5 Dorset Street Dear Mr. Rabideau: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the City Council concerning your recent application. If you have any questions, please contact me. Sincerely, Kimberly L. Murray, AICP Development Coordinator City Manager's Office Encl. cc. Joe Larkin CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 4856 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburi.com soutk Vr hi 11 N, a MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing Interim Zoning Application #IZ-12-11 (5 Dorset Street) — DATE: October 22, 2012 City Council meeting Tonight's continued public hearing is an application for an amendment to a planned unit development to demolish the existing two-story 89 unit hotel (University Inn) and replace it with a four story, 89 unit hotel located in the Commercial 1 —Residential 12 Zoning District at 5 Dorset Street. The applicant, Joe Larkin, Larkin Realty has provided an additional narrative (email) addressing Councilor Dooley's questions regarding energy efficiencies of the proposed hotel. It is included with this memo. Our understanding is a representative for the applicant, Greg Rabideau, Rabideau Architects will be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com Kimberly Murray From: Joe Larkin <JoeLarkin@larkinrealty.net> Sent: Friday, October 05, 2012 3:31 PM To: Greg Rabideau; Kimberly Murray Subject: Dorset St Hotel Kimberly, I wanted to take a few moments to circle back to make sure I was reasonably articulate in response to Councilor Dooley's question regarding efficiencies of the new building. If appropriate, would you kindly forward this the council members ahead of our Oct 22 meeting. Best Joe We remain excited about the renewing of the Dorset Street corner. At the meeting on Monday, Councilor Dooley raised a question about comparable energy use in the new structure vs. the existing structure. Our interests are certainly aligned when it comes to energy use as it is a direct cost to us as operators. I had looked at this question a number of months ago and it has been one of the most compelling arguments for this new construction. I hope this follow up helps clarify/ support our prediction that the new construction building will have significant and meaningful efficiencies over the existing structure. We are quite fortunate to have the benefit of data from the existing building and the data of a building very similar to the new construction building that we are presenting (one that includes comparable guest amenities of fridge, cooktop/ stove, etc). Being an analyst at heart, I looked at this data a number of ways and the conclusions are all very similar. I think the easiest way to demonstrate the comparison is Cost Per Guest Night (CPGN). In short, over the past 3 years we have seen total utilities Cost per Guest Night ranging 55%- 73% higher for the existing old building with the average being 63%. Heating costs were the single largest culprit averaging 176% higher, but energy was meaningful as well averaging 21% higher. In all actuality my expectation is that we will capture even more efficiencies as HVAC and lighting systems have improved markedly even since the comparison sample building was constructed circa 2000. Note: CPGN calculations allows us to compare a property's operating results across the industry regardless of property size or room count. Sincerely, Joe Larkin s Ms. Kimberly L. Murray Office of the City Manager, Development Coordinator City of South Burlington 575 Dorset Street South Burlington, Vermont Interim Zoning Application IZ-12-0-11, 5 Dorset Street, Larkin Realty Applicant. Project Description: The property at 5 Dorset Street is currently occupied by two hotels: the four story seventy one room Comfort Inn, and the 89 room University Inn, and a restaurant. It occupies an important location at the intersection of Dorset Street and Williston Road. The University Inn was originally constructed as a Howard Johnson's Motor Lodge and is dated and unattractive. The applicant seeks to demolish the old 89 room hotel and replace it with a new construction, high quality extended stay hotel with the same number of rooms. This is intended to be a branded product, and seeks to become a signature property for the applicant and community. The project has been reviewed by the development review board and has secured both sketch plan and preliminary plat approval. We are asking the City Council to consider the project as it relates to the Interim Zoning Ordinance and by laws, and so offer the following arguments in support of the application. Overcoming the presumption of the interim bylaw that the proposed project is prohibited: The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates it's permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356- 357, 358 (1971); see also Section I of the Interim Bylaw( It ••• the purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to whatever amendments to the Land Development Regulations that the City ultimately adopts. See Section III of the Interim Bylaw. As set forth above, the proposed project may be prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that a specific development proposal is not the type of development that will or could be contrary to the amendments to the Land Development Regulations that the City adopts. See 24 V.S.A. §4415(d). We believe that this project is a good candidate for such an approval and offer these insights into the projects relationship to the criteria. Adopt a Form Based Code -style regulations for the Williston Road/Dorset Street/City Center area: Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The newly proposed structure advances these goals by removing parking from the front yard setback, addressing the facade to the public right of way in a more direct manner, and providing a palate of high quality, more urban materials and design themes. Phone 802-863-0222 E-mail greg@rabideau-architects.com This property is at the gateway to the City Center District, but is not specifically in the district. It is a context of large buildings, including four story buildings at the Holiday Inn, Sheraton Hotel, Comfort Suites and Quarry Hill properties, as well as large commercial structures like Barnes and Noble and the University Inn. Traffic and access to the subject property are limited to a single curb cut on Dorset Street and the redesign of Dorset Street included several large electrical utility vaults that limit on site circulation and our ability to place the buildings closer to the street than proposed. These limits are the result of actions taken by the City and do not represent preferences of the applicant. The use of Brick, Stone, and other high quality elements are intended to present a landmark presence at the entry to this important area. Include support of sustainable agriculture as a City goal in the Comprehensive Plan: The subject property has been developed in its current form for half a century. This location has frontage on Dorset Street, Williston Road and Exit 14E of Interstate 89. As such it occupies the most intensely urban area in the City of South Burlington. No assessment has been completed as to the viability of agriculture on the site. However, in accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA & Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has been converted to urban land or build-up areas should no longer be considered Important Farmland." Include support of conservation of open space as a City goal in the Comprehensive Plan: The proposed hotel development replaces an existing hotel with the same number of units, with a new one of higher quality and better design. This site is not currently open space, and planning documents prepared by the City of South Burlington do not include it in any inventories of natural areas, view sheds, or significant conservation goals. Located in a Commercial Zone, the context is one of significant large scale commercial development including the University Mall, several large hotels, and many large buildings. Include support of promotion of housing for people of all incomes and stages of life as a City goal in the Comprehensive Plan: The proposed commercial development will replace existing commercial development on the property. Therefore, the project does not result in any net loss of housing units, whatever the degree of affordability. Other aspects of the Purpose Statement in Section I. of the Interim Zoning Bylaw: The proposed development is located adjacent to Williston Road , an area that has been examined as part of the Williston Road and Complete Streets Study area. The frontage along Dorset Street includes pedestrian pathways, and improvements to the existing curb cut will improve pedestrian safety by providing a safe harbor / median and by greatly reducing the width of the curb cut. Our planning also includes pedestrian ways between this property and the University Mall, as well as a limited use connection for cars between these two properties. This may help shunt some traffic off Dorset Street, and allow for patrons of both businesses to move between areas without having to confront traffic. Phone 802-863-0222 E-mail greg@rabideau-architects.com Interim bylaw conditional use criteria : Even when the City Council finds the application overcomes the presumption outlined in Section 11., the Council must also find that the specific development proposal will not have an undue adverse effect on any of the criteria in Section VI of the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The property is currently developed with an identical number of units and impacts as those proposed. The property will use sewer, water, fire and police service, and the local road network. As there is no increase in density, the demand must be considered as existing. Therefore, the project as approved will not have an adverse impact on services. Interim Bylaw Section VI(e): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed project will have exactly the same trip rate generation as the property has today. This fact, when combined with the pedestrian and vehicle connections to the University Mall, and the curb cut improvements proposed and noted above, indicate that the proposed project may even mitigate some traffic impacts. Therefore, there is no undue, and consequently no adverse impact to traffic caused by this proposal. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. This is an urban, fully developed site. If approved the proposed project would result in decreased lot coverage, and decreased front yard coverage. The post development impacts on storm water flows in the area would be better than the existing condition. There are no significant natural resource areas or site on the property, so that criterion does not apply. The planted area along the off ramp of 1-89 is not natural per se, but does provide an important aesthetic resource to the community. This proposal preserves that resource. Interim Zoning Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. By replacing an older, inefficient building with a new, very efficient building without disturbing new lands, the project helps to curb overall energy demand. Focusing on a site at the center of the City, with excellent access to transit routes, and the aforementioned pedestrian connection furthers that benefit. The site does not provide any opportunity for significant wind or water based renewable generation, but could accommodate solar power for hot water and or electricity. The applicant is willing to explore this, and has a record of promoting solar power in the City. Given solar orientation and the required setbacks, development of this site would not adversely impact the implementation of renewable power on any adjacent sites. Interim Bylaw Section VI(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. Because the property is fully developed today, and the applicant proposes to re -develop a portion of it with the same use, and in the same quantities, we assert that the project will not have an undue impact on the city's plans, by-laws, ordinances, or regulations. I would offer the approval of sketch plan and preliminary plat by the Development Review Board as a presumptive proof of that assertion, when taken in conjunction with the above statements of fact regarding the application. I believe that the proposal to upgrade this property furthers the general goal of creating a better image for the city center, and that such reinvestment is important to the economic health of the community. Phone 802-863-0222 E-mail greg@rabideau-architects.com I urge the City Council to approve this proposal as a Conditional Use, and to find that such an approval will not adversely impact the creation and implementation of the new regulations now being considered. I look forward to the hearing before the council. Sincerely, Gregory Rabideau Rabideau Architects Greg Rabideau Rabideau Architects JIWP�hone 802-863-0222 E-mail greg@rabideau-architects.com Revised 412012 lip 4 Interested Persons Record and Service List .. n.R MG NT Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: a 01 a- A,P l� c �(-t �.• s PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST � "� Nl�z�ttnz,>` IU �-�i.z.p �[ i��w( L-l�( rock • � cJ� Iz-L i �t� Q�{�=• �i o'1 Vitt- 4"+ a4j ► ►1 Joe �MQ k ►4lA•gAipfA�. ;),1740-k 1Oe— Sow il�ig; southburfington VERMONT MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Public Hearing Interim Zoning Application #IZ-12-11 (5 Dorset Street) — DATE: October 1, 2012 City Council meeting Tonight's initial public hearing is an application for an amendment to a planned unit development to demolish the existing two-story 89 unit hotel (University Inn) and replace it with a four story, 89 unit hotel located in the Commercial 1 —Residential 12 Zoning District at 5 Dorset Street. The applicant, Larkin Realty has provided a narrative of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo submitted by Greg Rabideau, Rabideau Architects, as well as the existing features plan, overall site plan (proposed), landscape plan and two elevations sheets. Our understanding is a representative for the applicant, Greg Rabideau, Rabideau Architects will be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com Revised 412012 Interested Persons Record and Service List V E R?AON T Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: PLEASE PRINT CLEARLY! NAME K) G—{-o ber t i Z 01 ;)— EMAIL ADDRESS -�V'--ke e i c r%: r-SS AP P ( i CAS (-i a e, S MAILING ADDRESS PROJECT OF INTEREST qC-1 ~' 11 Cv4.e l�f �► ���th� `-�(� _k l 7aI 5-ut kt I t" &OA° czI Z ©lam C�eS C �ee1-v� i ow+ io M&-,&P%eW y'..w k-A. 05+05 O Qc> � t`" 'v ��" (,c %� CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Larkin Family, hereafter referred to as the applicant, is requesting preliminary plat approval to amend a previously approved planned unit development consisting of: 1) a 275 seat standard restaurant, 2) a 71 room hotel (Comfort Suites), and 3) an 89 room hotel (University Inn). The amendment consists of razing the 89 room hotel and replacing it with a new 89 room extended stay hotel (Homewood Suites), 5 Dorset Street. City Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on June 22, 2012 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements C1 Zoning`'District Re aired Proposed � Min. Lot Size 40,000 SF 5.6 acres A Max. Building Coverage 40% 16.4% A Max. Overall Coverage 70% 65.1 % A Min. Front Setback 50 ft. >50 ft. �l Min. Side Setback 10 ft. >10 ft. J Min. Rear Setback 30 ft. >30 ft. +6 Front yard coverage Dorset Street) 30% 51.4% 4 zoning compliance + The applicant states that the front yard coverage on Dorset Street is proposed to decrease from 62.7% to 51.4%. However, several previous applications and approvals all state that the existing approved front yard coverage on Dorset Street is 55.4%. This cannot be changed now. Staff does not know which number is correct, so we recommend the Board invoke technical review to resolve the front yard coverage discrepancy. The plans shall be revised to reflect the accurate front yard coverage for the site and the Board should discuss whether to invoke technical review to accurately determine the existing front yard coverage. It should also be noted that it appears that a whole line of parking on the north side of the PUD is within the City Right of Way. These are pre-existing and non -conforming. Staff supports having a building closer to the road. Most of the other buildings in the vicinity sit within the front yard setback of Dorset Street. The recent historical trend that has been favored by the City has been to pull buildings closer to the roads to present a more pedestrian friendly design. This has been quite successful. SUBDIVISION CRITERIA C { CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 121h day of September, 2012, a copy of the foregoing public notice for interim zoning application # IZ-12-11 of Larkin Realty, was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: Tekham Partners 2 Market Street South Burlington, VT 05403-6254 Robert and Diane Smith 23 Concord Street Plattsburgh, NY 12901 Champlain Oil Co. INC. P.O. Box 2126 South Burlington, VT 05407 Windjammer Hospitality Group LLC 1076 Williston Road South Burlington, VT 05403 Champlain School Apartments 410 Shelburne Road Burlington, VT 05401 University Mall LLC 155 Dorset Street South Burlington, VT 05403 Dated at South Burlington, Vermont, this 12th day of September, 2012. Printed Name: Phone number and email: Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 Kimberly Murray From: Joe Larkin <JoeLarkin@larkinrealty.net> Sent: Thursday, August 30, 2012 10:48 AM To: Kimberly Murray Subject: RE: IZ-12-11, S Dorset St. IZ Hearing Tues. 9/4 Thank you Kimberly. Can you give me a call when you get a moment. 802 734 8337 Best Joe From: Kimberly Murray fmailto:kmurray@sburl.com] Sent: Thursday, August 30, 2012 10:32 AM To: Joe Larkin Subject: FW: IZ-12-11, 5 Dorset St. IZ Hearing Tues. 9/4 (::T I -es - 1Z,0 3- b Z -Z -2- Hi Joe, Attached is IZ-12-01 decision as requested. See yesterday's note to Greg below if you haven't already. He was listed as the contact person on the application. Please remember that Mon. is a holiday and the offices will be closed. Thanks, Ki,mAierLy From: Kimberly Murray Sent: Wednesday, August 29, 2012 11:25 AM To: 'Greg Rabideau' (greg(d)rabideau-architects.com) Subject: RE: IZ-12-11, 5 Dorset St. IZ Hearing Tues. 9/4 Hi Greg, Your public hearing for application IZ-12-11 at 5 Dorset St. is scheduled before the City Council on Tues. Sept. 4th. I am writing to ask if you are submitting a narrative addressing the standards for review of IZ applications. See link for guidance on the IZ process and the IZ bylaw for additional information: http://www.sburl.com/index.asp?Type=B BASIC&SEC=%7bEFB8282C-OE28-4F48-A16F-8273E6CEAB75%7d The Council will ask you to describe how your project will "overcome the presumption that the development is or will be contrary to the Ordinances that the City will ultimately adopt. In making its determination, the Council will use the Purpose statement (Section 1) of the Interim Bylaw. If you wish to submit a narrative to be included in the Council packet, I need to receive it by noon tomorrow, 8/30 or you may distribute it at the meeting on Tues. An electronic copy is fine. My understanding from Ray is that you have not picked up and displayed your placard yet. That must be done before the hearing on Sept. 4tn We have not received your certificate of service yet either. The Council cannot hear your application if this has not been done. If you need more time to prepare for the IZ hearing, you may ask for a continuance in writing and pay the $50 fee. Call or email with any questions. Thanks, V-4"4 l y KIMBERLY L. MURRAY, AICP Development Coordinator t 802-846-4131 f 801-846-4101 kmurrav@sburl.com www.sburl.com 575 Dorset Street I South Burlington, Vermont 05403 C� P, southb,virlington PLANNING & ZONING Permit # IZ - 1 (office use only) CONDITIONAL USE APPLICATION FOR THE CITY COUNCIL UNDER INTERIM BYLAWS All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the City Council. I understand the requirements and procedures required by State Law (Section 4415 of the Planning & Development Act), and that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): Larkin Tarrant and Hoehl Partnership c/o Larkin Realty 410 Shelburne Road, South Burlington, Vermont 05403 802-864-7444, 802 864-0649 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone, fax #) Larkin Realty 410 410 Shelburne Road, South Burlington, Vermont 05403 802-864-7444, 802 864-0649 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if different from above): Gregory Rabideau, Rabideau Architects 550 Hinesburg Road, South Burlington, Vermont 05403 Phone: 802-863-0222, a. Contact e-mail address: greg@rabideau-architects.com 5) PROJECT STREET ADDRESS: 5 Dorset Street, South Burlingto, Vermont 05403 6) TAX PARCEL ID #:0570-00005 Span Number: 600-188-13569 7) PROJECT ZONING DISTRICT(S) C-1 / NO 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 8) PROJECT DESCRIPTION a. General Project Description : The applicant proposes demolishing an existing, two story, eighty nine unit hotel and indoor pool, and construction of a new four story, eighty nine unit hotel and indoor pool, expansion of existing parking by 23 parking spaces, reconfiguration of the principal curb cut and addition of a one way vehicle connection to the adjacent University Mall property. b. Existing Uses on Property (including description and size of each separate use): 71 unit, four-story, hotel n/f Comfort Inn 89 unit, two story hotel n/f University Inn (Howard Johnson's Motor Lodge) c. Proposed Uses on Property (include description and size of each new use and existing uses to remain): 71 unit, four-story, hotel n/f Comfort Inn 89 unit, four story extended stay hotel 9552 square foot restaurant n/f Friendlies Restaurant (Howard Johnsons) d. Description and Summary of all requested approvals from the City Council Per article VI of the South Burlington Interim Bylaw, the applicant requests the City Council find that the replacement of an old 89 unit hotel with a new 89 unit hotel that expands the existing commercial use by more than 10,000 square feet complies with e South Burlington Land Use Regulations and Interim Bylaws under the enumerated criteria as follows: A. The capacity of existing or planned community facilities, services, or lands. The new and existing uses are exactly the same. No additional demands on community services will arise from this application. The existing parcel is completely developed now. This change will remove an unattractive building and replace it with a new, higher quality facility. B. The existing patterns and uses of development in the area. This proposal continues in all regards the existing uses on the site. This is a commercial zone, and hotel uses are an important part of Vermont's Tourism industry. C. Traffic on roads and highways in the vicinity. This project is traffic neutral. The ITE trip generation for the site will not change. The improvement of the project curb cut and the addition of a connection to the Mall will help improve traffic in the area. D. Environmental limitations of the site or area and significant natural resource areas and sites. This site is fully developed and does not contain significant natural areas. One benefit of this proposal is that it effectively reduces lot coverage, and thereby will mitigate existing storm water impacts. 2 Interim Bylaw Council Application Form. Rev. 1-2012 the plans must be submitted. An application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V. S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agenda or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. APPLICANT SIQAAYURE OF44(OPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: 4�-OMPLETE ❑ INCOMPLETE The applicant orpermittee 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. Interim Bylaw Council Application Form. Rev. 1-2012 E. Utilization of renewable energy resources. The structure being replaced was constructed a half century ago. The new structure will be compliant with the Vermont State Energy Code for Commercial Buildings. It therefore will be exponentially more energy efficient. The site is not a proper site for renewable energy generation from wind and or solar on a commercial scale. There is no hydro power resource on the site. The applicant is willing to explore use of solar power for on -site use. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The applicant will request a waiver of the maximum building height in the South Burlington Land Use Regulations. The project site has an existing building that was granted the same waiver, and adjacent structures, including Barnes and Noble and the Sears Parking Garage are similarly tall. The waiver is allowed by the LUR, and the project as proposed meets the requirements to qualify for the waiver. e. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): This section not used. 9) SUPPORTING DOCUMENTS. A completed application form and required submittal materials for the applicable review before the Development Review Board or Administrative Officer shall be included. In the case of a subdivision or planned unit development, all information required for Sketch Plan Review pursuant to Section 15.05 of the Land Development Regulations (LDRs) are required. In the case of all other types of applications, the applicable LDR submittals are required. Applicants are further encouraged to provide information demonstrating compliance with the review standards set forth in 24 VSA §4415 (d) and (e). 10) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) of Interim Bylaw Council Application Form. Rev. 1-2012 Page 1 of 1 ray From: ray Sent: Wednesday, July 11, 2012 8:00 AM To: 'Greg Rabideau' Subject: FW: Doset Hotel IZ Application Attachments: Development Review Process - IZ updated 5-18-2012.pdf Hi Greg, I am once again informing you that the IZ application received last week is still incomplete and will not be scheduled for a hearing before the City Council until it is complete. The only info missing is an electronic copy of all the plans submitted. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: ray Sent: Monday, July 02, 2012 4:02 PM To: 'Greg Rabideau' Subject: Doset Hotel IZ Application Hi Greg, I received your IZ application for the Dorset Hotel project. It will be complete once I receive an electronic copy of the plans submitted. Also, attached is the info sheet for IZ applications. Please submit a narrative addressing the IZ criteria as soon as possible. The City Council has not yet scheduled a date for a hearing on your application; I'll let you know when they do. Ray Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph: 802.846.4106 Fax: 802.846.4101 rbelairC@sburl. com wzvw.sburl. com 7/11/2012