HomeMy WebLinkAboutSD-06-61 - Decision - 0002 0004 Market Street#SD-06-60
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CENTURY PARTNERS, LP - PLANNED UNIT DEVELOPMENT
4 MARKET STREET
FINAL PLAT APPLICATION #SD-06-61
FINDINGS OF FACT AND DECISION
Century Partners, LP, hereinafter referred to as the applicant, is seeking to amend a
previously approved planned unit development consisting of 96,197 sq. ft. of general
office and shopping center use in four (4) buildings. The amendment consists of
increasing the size of the 4 Market Street building by adding 532 sq. ft. of mezzanine
space for a total GFA of 15,532 sq. ft., for a total GFA of 96,729 SF in the PUD, 4 Market
Street. The Development Review Board held a public hearing on August 15, 2006. Erin
Miller Heins represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking to amend a previously approved planned unit
development consisting of 96,197 sq. ft. of general office and shopping center
use in four (4) buildings. The amendment consists of increasing the size of the 4
Market Street building by adding 532 sq. ft. of mezzanine space for a total GFA
of 15,532 sq. ft., for a total GFA of 96,729 SF in the PUD, 4 Market Street.
2. The owner of record of the subject property is Century Partners, LP.
3. The subject property is located in the Central District 1 (CD1) Zoning District.
4. The plan submitted is entitled, "Shopping Center/General Office Space PUD
Amended Site/PUD Plan", prepared by Donald L. Hamlin Consulting Engineers,
Inc., dated 11/7/05, last revised 12/15/05.
The proposal to increase the square footage of the building by adding 532 square feet of
mezzanine space is entirely interior to the building. Therefore, the only potential issues
of note are increased parking needs and potential estimated traffic increases.
Parking & Traffic
The applicant has stated that they included the 532 square feet of mezzanine space in their
last application for parking calculation which was approved on December 6, 2005. There is
no evidence to the contrary and the DRB is willing to concede this point as the impact of
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FILED
--- - - - -- — - -- - - STATE OF VERMONT —MAY--- -0- 2007 -_
ENVIRONMENTAL COURT VERMONT
ENVIRONMENTAL COURT
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Century Partners, LP PUD } Docket No. 210-9-06 Vtec
(Appeal of Century Partners, LP) }
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Judgment Order
For all the reasons more fully stated in the Decision that accompanies this Judgment
Order, the motion for summary judgment filed on behalf of Appellant -Applicant Century
Partners, LP is hereby GRANTED. As a consequence,_ Conditions 2(a) and 4 are hereby
stricken from the August 24, 2006 City of South Burlington Development Review Board
approval with conditions of Century's application (Application #SD-06-61) for amendment of its
previously approved planned unit development, so as to authorize a 532 square -foot interior
mezzanine in the building located at 4 Market Street, also known as Building B in Century's
PUD development.
Given that Century challenged no other terms or conditions in the August 24, 2006 DRB
Decision, this appeal is now concluded. All other terms and conditions of the August 24, 2006
DRB Decision shall remain in full force and effect.
Done at Newfane, Vermont this 10tn day of May, 2007.
Thomas A, Durkin, Environmental Judge
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#S D-06-60
532 sq. feet of shopping center use on parking need and traffic generation in a PUD of this
size would be negligible. The December 6, 2005 decision approved a 25% parking waiver
for a 340 space requirement and 414 spaces are provided.
Other
The plan includes a notation reading "existing service areas" with arrows pointing to two (2)
rectangles on the north and east sides of the 100 Dorset Street building. The Board
requests these areas be screened per Section 14.07(C) of the South Burlington Land
Development Regulations as if they were dumpsters.
Also, the plan notes an "approved 300 SF storage" area on the north end of the 100 Dorset
Street building. This represents a previously approved addition which has not been
constructed. This square footage is not included in the square footage number in the
application. Does the applicant want to keep this approval? If so, the overall square footage
number on the application will have to be revised to include this addition.
DECISION
Motion by Gayle Quimby, seconded by Mark Behr, to approve Final Plat Application
#SD-06-60 of Century Partners, LP, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
2. The plan shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plan shall
be submitted to the Administrative Officer prior to recording.
a. The plan shall be revised to show all "existing service areas" screened
per Section 14.07(C) of the South Burlington Land Development Regulations
as if they were dumpsters.
b. The plan shall be revised to remove the "approved 300 SF storage" addition
from the plan.
3. 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.
4. The applicant shall provide the Administrative Officer with a written explanation of
the term "existing service areas" which is noted on the plan prior to permit
issuance.
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#SD-06-60
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Chuck Bolton — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of 4-0-0
LL
Signed this day of 2006, by
John Dinklage, ChAir
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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