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HomeMy WebLinkAboutSD-05-87 - Decision - 0002 0004 Market StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING CENTURY PARTNERS, LP/TEKRAM PARTNERS, LP — 4 MARKET STREET FINAL PLAT APPLICATION #SD-05-87 FINDINGS OF FACT AND DECISION Century Partners, LP/Tekram Partners, LP, hereinafter referred to as the applicant, are seeking final plat approval to amend a previously approved planned unit development consisting of 96,700 sq. ft. of general office and shopping center use in four (4) buildings. The amendment consists of: 1) site modifications to the north and east sides of the 4 Market Street building, and 2) relocate the access driveway connection between 4 Market Street and 1117 Williston Road (Lodging North/Doubletree Hotel). The Development Review Board held a public hearing on December 6, 2005. David G. White 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 Century Partners, LP, hereinafter referred to as the applicant, are seeking final plat approval to amend a previously approved planned unit development consisting of 96,700 sq. ft. of general office and shopping center use in four (4) buildings. The amendment consists of: 1) site modifications to the north and east sides of the 4 Market Street building, and 2) relocate the access driveway connection between 4 Market Street and 1117 Williston Road (Lodging North/Doubletree Hotel). 2. The subject property contains approximately 6.1 acres and is located both the Central District 1 (CD1) and Commercial 1 (Cl) Zoning Districts. 3. The owner of record of the subject property is Century Partners, LP; a portion of the site is owned by Tekram Partners, LP. 4. The plans submitted with this application consist of a two (2) page set of plans, page one (1) entitled, "Shopping Center/General Office Space PUD Amended Site/PUD Plan", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 11/7/05. - 1 - ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements CD1 Zoning District Required Proposed �l Min. Lot Size n/a n/a Max. Building Coverage 40% 6.1 % �l Max. Overall Coverage 90% 56% �l Min. Front Setback 20 ft. 60 ft. �l Min. Side Setback 5 ft. No changes ♦ Min. Rear Setback 5 ft. No changes 4 Max. Front Yard Coverage(s) 30 % No changes �l Max. Building Height 40 ft. No changes C1 Zoning District* Required Proposed * There are no changes to the dimensional requirements on the portion of the property that lies in the C1 Zoning District. zoning compliance ♦ waiver required + zoning noncomliance Setbacks and Front Yard Coverage No changes affecting the project's setbacks or front yard coverage are proposed. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. This standard does not apply to this project. Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development WA Regulations The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The project accomplishes a desirable transition from structure to site and from structure to structure. The plans depict a new access location between the 1117 Williston Road and 4 Market Street properties which meets the standards set forth in Section 15.18. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. There are no wetlands, streams, wildlife habitat, or unique natural features on the site. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed development is in keeping with the goals for development within the Commercial 1 (Cl) and Central District 1 (CD1), as set forth in Sections 5 (1)(a) and 8.04(A) of the Land Development Regulations. The improvements proposed for the 4 Market Street building and including paving, curbing, parking space striping, landscaping and dumpster enclosures. These modifications will create a more attractive environment behind the building in keeping with the City Center standards. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. Not applicable The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided. The South Burlington Fire Chief has reviewed the plans and submitted comments in a letter dated December 1, 2005. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The City Engineer has reviewed the plans and makes comments in a memorandum dated November 23, 2005. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner -3- that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). This project is consistent with the goals of the Comprehensive Plan and the Land Development Regulations for the C1 and CD1 zoning districts. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. According to Table 13-1 of the Land Development Regulations, general office use requires 3.5 parking spaces for every 1,000 square feet of gross floor area (GFA), and shopping center use requires five (5) parking spaces for every 1,000 square feet of gross leasable area (GLA). Thus, the proposed project will require 453 parking spaces. The plans currently depict 414 parking spaces which represents a 39 space or 9% shortfall. The applicant is requesting a full 25% parking waiver, or a requirement for 340 spaces on the site. The Board supports granting this waiver. The proposed parking spaces are in conformance with Table 13-8 of the Land Development Regulations. The applicant has represented that snow is not stored on site, but is trucked away. Should the applicant wish to use areas on site for snow storage, a revised plan showing these areas, and occupying no more than 74 parking spaces total, must be submitted to the DRB for approval. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. While a bicycle rack exists at the 4 Market Street property, the plans do not depict its location. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located in front and side of the buildings on this site. The parking space layout is sufficient to meet this requirement. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. This standard is being met. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. New and relocated landscaping and screening are proposed that will improve the visual quality of the site. The sit currently has unscreened dumpsters behind the building which will be screened as part of this proposal. New shrubs will be placed across the closed access drive to match existing shrubs. Landscaping displaced to accommodate the widened access behind the building will be relocated. Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The proposed project is located in the C1 and CD1 Zoning Districts and relates harmoniously to the existing buildings, roads, and terrain in the area. The proposed connector road and other site modifications relate harmoniously to the site and the existing buildings in the area. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Requlations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The existing access connection will remain but in a relocated area. This standard is met. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. As previously mentioned, pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans depict dumpsters and screening in an appropriate location. Landscaping and Screening Requirements There is no minimum landscaping requirement based on building costs for this project. A total of $2,138 of new landscaping is proposed. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area -5- must be specified and located in an area that will minimize the potential for run-off. The plans do not depict snow storage areas; the applicant has stated that snow will be removed from the site. Up to 74 parking spaces may be specified for snow storage if a modified plan is submitted to the DRB for approval. Lighting There are no proposed changes to lighting associated with this application. If changes are proposed, cut sheets consistent with Appendix D of the Land Development Regulations must be submitted to the Administrative Officer for approval prior to installation. DECISION Motion by �n_(2Y11qA\1seconded by Lg# e PaL/ t /j , to approve Final PI t Application #S -05-87 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. 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, as amended by this Decision. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording. a. The plans should be revised to incorporate the comments of the City Engineer as outlined in his memorandum dated November 23, 2005. b. The plans shall be revised to show the location of the existing bicycle rack pursuant to Section 13.01(G)(5) of the Land Development Regulations. c. A parking waiver of 25% is granted, requiring a minimum of 340 parking spaces for this property. d. Should the applicant wish to store snow on site, a revised plan showing such storage areas must be submitted to the DRB for review and approval. Such plans must clearly show that a minimum of 340 parking spaces on the property will be kept free and clear of snow at all times. e. The plans shall be revised to indicate clearly that no parking spaces shall be located in the opening of the access between 4 Market Street and 1117 Williston Road. 4. The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated November 23, 2005. 5. There shall be no exterior storage of any materials, equipment, products, etc. at the eastern side of the 4 Market Street building unless stored in a screened service area. 19:V 6. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 8. The final plat plan (sheet S-1) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. 9. Approval of this plat does not create a through or public street or any right in the public to use the proposed access to 1117 Williston Road as a through street, nor does this approval impose any conditions that the access be kept open or made available for through traffic other than traffic accessing the hotel complex and emergency vehicles. 10. The City of South Burlington is not and shall not be responsible for preventing through traffic from the use of the access between 4 Market Street and 1117 Williston Road. 11. The driveway at the rear of the 4 Market Street building shall be signed as a fire lane. Mark Behr —onay/abstain/not present Matthew Birmingham — ye nay/abstain/not present Chuck Bolton — pr nay a stain/not present John Dinklage —nay/abstain/not present Roger Farley —ay/abstain/not present Larry KupfermanEye e nay/abstain/not present Gayle Quimby — nay/abstain/not present Motion carried by a vote of 7-0-0. Signed this T day of 2005, by John Dinklage; Chairman 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). -7-