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HomeMy WebLinkAboutSP-05-0001 - Decision - 0002 0004 Market StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN J CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Century Partners for a planned unit development consisting of 90,750 square feet of general office and shopping center use in four (4) buildings, 100 Dorset Street and 2 Corporate Way. The application also involves a boundary line adjustment between the subject property and 108 Dorset Street (Anchorage Motor Inn). On the 26th day of September, 1995, the South Burlington Planning Commission approved the request of Century Partners for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of expanding an existing shopping center in two (2) phases. Phase I will consist of: 1) constructing a two (2) story 36,960 square foot building (building "A"), 2) constructing a 156 space two (2) level parking garage, 3) constructing a 300 square foot addition to the main building, 4) converting 600 square feet of unused space to retail use, 5) razing an 8,736 square foot 603 seat theater building, and 6) a boundary line adjustment with the adjacent AMI - Burlington, Inc., property. Phase II will consist of: 1) constructing a one (1) story 8,350 square foot building (building "B"), and 2) constructing a 3,600 square foot one (1) story building (building "C"). These improvements will result in a total gross floor area of 90,743 square feet with a total gross leasable area of 86,857 square feet. The preliminary plat was approved on 7/11/95. 2. This property located at 100 Dorset Street and 2 Corporate Way lies within the Cl and CD1 Districts. It is bounded on the north by a commercial building used for personal service and retail, on the east by the Ramada Inn and undeveloped property, on the south by the Anchorage Motor Inn and Corporate Way, and on the west by Dorset Street. 3. Access/circulation: Access is via a 30 foot curb cut on Dorset Street opposite the Chittenden Bank access drive at a signalized intersection. There are also two (2) secondary access drives to the Greer property to the north. The applicant has previously recorded a legal agreement which requires the applicant to provide an access easement to the Greer property when the Greer's provide the applicant with a similar access easement. A 24 foot wide curb cut is proposed on Corporate Way. An access to the Ramada Inn property is also shown. The sidewalk along the north side of building "A" is being extended to the sidewalk along Dorset Street to facilitate pedestrian access. 1 Circulation is adequate. 4. The plan shows Corporate Way narrowing from 40 feet in width to 38 feet. 40 feet should be maintained. This will result in a slightly more narrow sidewalk which should be adequate. 5. Coverage/setbacks (Phase II buildout): Cl District: Building coverage is 24% (maximum allowed is 30%). Overall coverage will be reduced from 87% to 84.2% (maximum allowed is 70%). Front yard coverage along Dorset Street will increase from 74.7% to 79.6% (maximum allowed is 30%). The Planning Commission may modify the zoning regulations to allow this increase in coverage pursuant to Section 12.406(b) of the zoning regulations. 6. CD1 District: Building coverage is 46% (maximum allowed is 90% if a parking garage is proposed). Overall coverage is 68.8% (maximum allowed is 90%). 7. Building "A" will not meet the 50 foot front yard setback requirement. This building is proposed to be 20 feet from the Dorset Street r.o.w. The Planning Commission, under Section 12.406(b) of the zoning regulations, modified this setback as part of preliminary plat approval (condition #4). B. Building "B" and "C" and the 300 square foot addition will meet the setback requirements. The main building at 100 Dorset Street does not meet the rear setback requirement and is therefore a noncomplying structure subject to Section 26.002 of the zoning regulations. 9. Landscaping: The minimum landscaping requirement, based on building costs, is $36,525 which is being met. Proposed plantings include Linden, Ash, Hydrangea, Lilac, Juniper, Crabapple, Spruce, Balsam Fir and Spirea. 10. Parking: Phase I of the project requires 368 parking spaces and 373 spaces will be available including eight (8) handicapped spaces. Phase II (total buildout) requires 427 spaces and 425 spaces including 12 handicapped spaces will be available. This represents a two (2) space or 0.5% shortfall. 11. Parking requirements are based on office standards for the office use and the shopping center standards for the remaining development. The Planning Commission agreed to this at sketch plan review. The parking facilities include a two (2) story parking garage containing 156 spaces to be built as part of Phase I. 12. Bike racks are being provided as required under Section 26.253(b) of the zoning regulations. 13. F.A.R. The floor area ratio within the CD1 District is 0.15 (maximum allowed is 0.8). E 13. F.A.R. The floor area ratio within the CD1 District is 0.15 (maximum allowed is 0.8). 14. Traffic: The applicant submitted a traffic impact analysis which was reviewed at preliminary plat. The analysis concludes that the additional traffic generated will not change the level of service (LOS) for the study intersections (Dorset Street intersections with Williston Road, the driveway at 100 Dorset Street, and Corporate Way/University Mall). The study intersections will maintain an LOS of "C" through the year 2000 with or without the proposed expansion. 15. ITE estimates that the proposed expansion will increase P.M. peak hour trip ends from 436 vte's to 600 vte's, a 164 vte increase. The applicant was made aware that the road impact fee will be approximately $32,000. This fee could be phased according to development phasing. 16. Sewer: No additional allocation needed due to the credit from removal of the theater building. 17. Lot merger: The 2 Corporate Way parcel is being used to satisfy zoning and parking requirements on the 100 Dorset Street parcel. This results in the two (2) lots being merged. The plans and survey plat reflect the merger of these two (2) lots. 18. Boundary line adjustment: This application includes a boundary line adjustment between the applicant and AMI - Burlington, Inc. Two (2) parcels of land of 1,246 square feet each will be exchanged between the property owners. This will not affect coverage or setbacks on the AMI - Burlington, Inc. parcel (Anchorage Inn). 19. Lighting: Existing and proposed exterior lighting will consist of the following at Phase II buildout: --- 8 70 watt metal halide lamps with downcasting and shielded fixtures on 12 foot poles. --- 11 175 watt metal halide lamps with downcasting and shielded fixtures on 16 foot poles. --- 11 150 watt high pressure sodium lamps with downcasting and shielded fixtures on 16 foot poles (street lights along Corporate Way and in parking areas). Details of any building mounted lights and lower deck of parking garage should be approved by the City Planner prior to permit issuance. 20. Ramada access: The applicant is proposing to maintain an access to the Ramada Inn property. This access was approved when the 2 Corporate Way parcel was subdivided from the Ramada Inn parcel. This is a floating r.o.w. which is shown on the survey 3 21. Dumpsters: Screened dumpsters are proposed. 22. Bus shelter: The applicant is proposing a bus shelter along Dorset Street in the same general location as previously approved. 23. Official Map: Condition #10 of preliminary plat approval required that the applicant meet with the City Council to obtain comments regarding the proposal to construct a portion of a building within a planned public street r.o.w. which appears on the City's Official Map. The applicant met with the City Council on July 17, 1995. It was staff's understanding that the City Council was willing to forego the public street r.o.w. as long as a private access connection is maintained between Dorset Street and Mary Street Extension. 24. Legal documents: This development will result in the creation of a lot which approximately follows the footprint of building "A". Prior to recording the final plat plans, the applicant should record in the land records a "Notice of Condition" approved by the City Attorney which clearly identifies this entire development as a PUD (not including Anchorage property) and which legally ties all lots in this development into one PUD for all zoning, subdivision and sign ordinance purposes. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Century Partners for a planned unit development consisting of 90,750 square feet of general office and shopping center use in four (4) buildings, 100 Dorset Street and 2 Corporate Way. The application also involves a boundary line adjustment between the subject property and 108 Dorset Street (Anchorage Motor Inn), as depicted on a five (5) page set of plans, page one (1) entitled "100 Dorset Street Complex, 100 Dorset Street, South Burlington, VT, Shopping Center Site Plan Phase I", prepared by Trudell Consulting Engineers, dated 8/28/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised prior to recording as follows: a. Sheet SP1, Phase II, plan shall be revised to show Corporate Way maintaining a uniform 40 foot width from Dorset Street to the project access. The existing catch basin located in front of the subject property shall be relocated to the new curb if determined necessary by the City Engineer. b. The survey plat shall be revised to show a separate fee simple lot following the footprint of Building "A". 4 b. The survey plat shall be revised to show a separate fee simple lot following the footprint of Building "A". 3. The applicant shall post a $30,460 landscape bond prior to issuance of a zoning permit for Phase I and a $5975 landscape bond prior to issuance of a zoning permit for Phase II. The bonds shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 4. Pursuant to Section 12.406(b) of the zoning regulations, the Planning Commission approves a modification to the front yard setback requirement to allow building "A" to be 20 feet from the Dorset Street r.o.w. 5. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants the applicant a two (2) space or 0.5% waiver for Phase II of the project. 6. For the purposes of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed shopping center expansion will generate 164 additional vehicle trip ends during the P.M. peak hour. 7. All exterior lighting shall be downcasting and shielded and shall not cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. Applicant shall submit, prior to issuance of a zoning permit, details and cut -sheets of all exterior building mounted lights and for the lights for the lower deck of the parking garage for approval by the City Planner. The street lighting proposed along Corporate Way shall conform with Chapter 5 of the City Center Streetscape Design Guidelines Handbook. 8. The bus shelter shall be constructed prior to occupancy of building "A". 9. All streetscape and road widening improvements along Corporate Way shall be done in accordance with the City Center Streetscape Design Guidelines Handbook. 10. Prior to issuance of a zoning permit, the applicant shall post bonds to cover the costs of proposed sidewalk improvements along Corporate Way and the Corporate Way widening. The amount of the bonds shall be approved by the City Engineer. 11. Pursuant to Section 12.406(b) of the zoning regulations, the Planning Commission approves the modification of the zoning regulations to allow the front yard coverage along Dorset Street to increase from 74.7% to 76.6%. 12. Prior to recording the final plat plans, the applicant shall record in the land records a "Notice of Condition" which clearly 9 identifies this entire development as a PUD (not including Anchorage property) and which legally ties all lots in this development into one PUD for all zoning and subdivision purposes. The Notice of Condition should be approved by City Attorney. 13. The applicant shall obtain a zoning permit for each phase of expansion within three (3) years or this approval is null and void. 14. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of each phase of expansion. 15. Any change to the site plan shall require approval by the South Burlington Planning Commission. 16. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. The plans shall be recorded prior to issuance of a zoning permit. Chairman ok Clerk South Burlington Planning Commission Z Z2 V/� S Date 1.1