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HomeMy WebLinkAboutSD-93-0000 - Decision - 0007 0005 Aspen DriveFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN S 9 3- CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Dorset Land Company for 1) subdivision of 12.24 acres of land into two (2) parcels of 11.64 acres and 0.6 acres and 2) construction of a planned commercial development on the 11.64 acre parcel consisting of 156,000 square feet in five (5) buildings for medical office, general office, cafe/deli, and retail (pharmacy) use, 421 Dorset Street. On the 27th of April, 1993 the South Burlington Planning Commission approved the request of Dorset Land Company for site plan review under Section 19.10 of the South Burlington Zoning Regulations and final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of: 1) the subdivision of a 12.24 acre parcel into two (2) parcels of 11.64 acres and 0.6 acres and 2) construction of a planned commercial development on the 11.64 acre parcel consisting of 156,000 square feet in five (5) buildings for medical office, general office, cafe/deli, and retail (pharmacy) use. Preliminary plat approval was granted on 7/28/92. 2. The breakdown of the uses is as follows: Medical Office = 49,288 square feet General Office = 71,232 square feet Cafe/Deli = 2,000 square feet Pharmacy = 3,000 square feet 3. Access/circulation: Access is proposed via a new City street with a 60 foot r . o . w . and 30 foot road width connecting Sherry Road with Dorset Street. The other access will be via a 24 foot curb cut on Sherry Road providing access to a 26 space parking area. The new City street will have six ( 6 ) curb cuts providing access to parking areas and buildings C, D and E. 4. Appropriate legal documents for the public street r.o.w. (e.g. Irrevocable Offer of Dedication) should be submitted to the City Attorney for approval and should be recorded in the South Burlington land records prior to issuance of a zoning/building permit for the first building. Circulation of traffic on the site is acceptable. 5. Sherry Road: Approximately 300 feet of Sherry Road will be upgraded to City standards with the exception of the 60 foot width requirement. This upgrading was a requirement of the preliminary plat approval. 1 6. Parking: This project requires a total of 592 parking spaces and 12 handicapped spaces. The plans show 615 spaces including 12 handicapped spaces with 220 spaces underneath the buildings and 395 spaces above ground. The plan shows two (2) compact car spaces under building "D". Compact car spaces are not allowed. 7. Coverage: Building coverage in the CD 3 area is 19.4% (maximum allowed is 40%). Overall coverage in the CD 3 area is 60.8% (maximum allowed is 90%). Building coverage in the C2 area is 9.5% (maximum allowed is 30%). Overall coverage in the C2 area is 41% (maximum allowed is 70%). Setback requirements in both districts are being met. 8. Floor Area Ratio (F.A.R.): The F.A.R. in the CD 3 area is proposed to be 0.58 (maximum allowed is 0.5). The Planning Commission can approve a F.A.R. up to 1.2 if certain public space or amenities are provided. The new 60 foot public r.o.w. serves as a public amenity. The 0.58 F.A.R. was approved by the Planning Commission at preliminary plat approval. 9. Landscaping: The minimum landscaping requirement for this project is $79,300. The applicant's landscaping plan has a value of $48,568 which is $30,732 short of the requirement. Many of the trees in the wetland areas will be saved. The applicant is requesting a credit in the amount of the shortfall for existing landscaping as provided for in Section 19.104(a) of the zoning regulations. The preliminary plat approval required the applicant to identify the areas that will not be disturbed in order for staff to determine whether the credit should be granted. The area was identified and staff walked the site. Staff recommended that the credit be given. 10. Section 19.104(c) of the zoning regulations requires a 15 foot strip to be maintained as a buffer where this development is adjacent to a residential district and that it be suitably landscaped with dense evergreen or other suitable plantings as a screen. A 120 foot strip at the south-westerly portion of the project does not meet this requirement. A white pine hedge is proposed in this area but it is only 10 feet in width. 11. The preliminary plat conditions required the applicant to obtain a letter from the adjoining property owner to the south agreeing to less than a 15 foot wide green space buffer. The applicant should either obtain this letter or revise the plans to have the 11 spaces along lot #2 removed and replaced with an adequately screened green space. 12. Wetland: The project has been designed to minimize disturbance of the wetland. Only 0.99 acres of wetland will be impacted by this development. E 13. Lighting: Exterior lighting will consist of 24-400 watt lamps and 11-250 watt lamps, all on 20 foot poles. All lamps will be high pressure sodium. Street lights in the City r.o.w. must be the type maintained by Green Mountain Power. 14. Sewer: The sewer allocation approved at preliminary plat is 18,327 gpd. The applicant will be required to pay the required per gallon sewer allocation fee prior to permit. 15. Dumpsters: Dumpsters are shown for the buildings and they will be located in the parking garage underneath each building. These dumpsters are located in areas that result in access to them being blocked by parked vehicles. 16. Building heights: Central District 3 has a maximum height of 25 feet to the eave and 45 feet to the roof peak. Buildings A and B do meet the 45 foot limit but do not meet the 25 foot limit. The Planning Commission under Section 1.603 of the Central District Ordinance may adjust eave height for architectural reasons at their discretion. This same Section limits the amount of flat rooftops to 50% on any development. These buildings may be built to a maximum height calculated by averaging the maximum standard eave height and maximum standard roof peak or ridge. Buildings C, D and E are located in the C2 District. Under Section 18.112a. the maximum height limit for a flat roofed structure is 35 feet. These buildings will be flat roofed and will meet this requirement. The applicant is also proposing an alternate elevation for these buildings which has a pitched roof and a maximum height of 45 feet. To approve this alternate elevation the Planning Commission must determine that the taller structures meet the criteria contained in Section 18.112b. The additional setbacks needed for the taller structures are being met. 17. Traffic: The details to mitigate potential adverse traffic impacts were included in the preliminary plat approval. They include: 1) contributing towards a new northbound on -ramp at Exit 13 and 2) contributing $24,660 to the Williston Road Area 1 Improvement Fund. The applicant was required to contribute toward the installation of a signal at the project intersection with Dorset Street when warranted and to coordinate proper signal optimization along Dorset Street. The applicant has proposed a Traffic Signal & Signal Optimization Cost Sharing Plan. 18. Other: --- the survey plat and the master site plan both are designated 11SP111, one of these sheets should have a different designation. --- bicycle parking should be provided as required under Section 19.253b. of the zoning regulations. 3 --- fire hydrant at the corner of Sherry Road and Dorset Street should be relocated to a location approved by the Fire Chief. --- the new City street should be named. --- applicant should address the City Engineer's comments in his 4/1/93 memo. --- applicant should design buildings A and B to provide pedestrian access from Dorset Street. --- the notation on sheets SP1, SP2 and SP3 located in between buildings C, D and E states "Buildings C, D and F are one building at garage level 304.5". There is no building F. TWO (2) LOT SUBDIVISION This project consists of the subdivision of a 12.24 acre parcel into a 11.64 acre parcel and a 0.6 acre parcel. The sketch plan for this subdivision was reviewed on 11/17/92. The current R7 zoning would apply to the new lot (lot 2). It is bounded on the north by the PCD proposal, on the west by a 50 foot r.o.w., on the south by undeveloped land and on the east by the current PCD and the Town Square residential development. 1. Lot size: This lot meets the minimum area and dimension requirements for both a single family and two-family dwelling in the R7 district. 2. Access: This parcel fronts on and includes a portion of a 50 foot r.o.w. which was designed to be an extension of Oakwood Drive. This segment of Oakwood Drive along which this new lot will front is privately owned. Section 19.202(b) of the zoning regulations limits the number of lots served off a private r.o.w. to three (3). Since there are already three (3) lots served off this r.o.w., a condition should be attached which requires that prior to issuance of a zoning permit for development on this lot, that Oakwood Drive be upgraded to City standard and an irrevocable offer of dedication be recorded. A "Notice of Condition" regarding this condition should be recorded in the land records. 3. Water and Sewer: This lot is served by City water and sewer. The sewer allocation for this project is 450 gpd. The per gallon fee would have to be paid prior to permit. 4. Recreation Fee: The developer of this parcel will be required to pay the per unit recreation fee in effect at the time a zoning/building permit is issued for construction on this lot. 5. Other: --- The 11.64 acre lot on sheet SP1 should be designated lot #1 and the 0.6 acre lot designated lot #2. --- acreage of lot #2 should be noted on the plat. 4 --- graphic scale should be lengthened so that when the plat is reduced for recording it will be at least 5" in length to meet the state plat law. DECISION & CONDITIONS Based on the above Findings of Fact, the Planning Commission approves the Final Plat application of Dorset Land Company for 1) subdivision of 12.24 acres of land into two parcels of 11.64 acres and 0.6 acres, and 2) construction of a planned commercial development on the 11.64 acre parcel consisting of 156,000 square feet in five buildings for medical office, general office, cafe/deli, and retail (pharmacy) use as depicted on a plan entitled "Plat of Survey of Dorset Land Company, Inc." prepared by Trudell Consulting Engineers, Inc. and dated 1/6/88, last revised 7/20/92, and as depicted on an eleven (11) page set of plans, page one entitled "Dorset Land Company, Inc., Master Site Plan," prepared by Trudell Consulting Engineers, Inc., dated 7/9/92, last revised 1/14/93, with the following stipulations: 1. This approval is conditioned on the proposed uses broken down as follows: 49,288 net square feet of medical office, 71,232 net square feet of general office, 2,000 net square feet of cafe/deli, and 3,000 net square feet of retail. Any increase in the proportion of medical office, cafe/deli or retail net square footage shall require planning commission approval. 2. The applicant shall complete construction of the Sherry Road improvements and the new public street prior to occupancy of Building B or prior to occupancy of 50% of the total development. 3. Appropriate legal documents for the new public street r.o.w. (e.g. Irrevocable Offer of Dedication) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to issuance of a zoning/building permit for the first building. 4. Prior to issuance of a zoning/building permit, the applicant shall post a bond to cover the costs of upgrading Sherry Road and constructing the new public street connecting Dorset Street and Sherry Road. The amount of the bond shall be approved by the City Engineer. 5. The Planning Commission waives the requirement of a minimum 400 foot distance between PCD entrances (Section 11.504(b), zoning regulations) . It is the Commission's opinion that the proposal for a second access located 260 feet from the main access will improve traffic safety and circulation in the area of the project. 6. The applicant shall post a $79,300 landscaping bond prior to issuance of a zoning/building permit. The bond shall remain in effect for three (3) years to assure that the planted landscaping 5 I takes root and has good chance of surviving. The Commission grants a $31,000 credit for existing trees that will not be disturbed. 7. In an effort to mitigate potential adverse traffic impacts, the following shall be required. a. Applicant shall contribute an amount equal to 5% of the City's share of constructing a new northbound on -ramp at Exit 13, not to exceed $10,000. Contribution shall be made prior to issuance of a zoning/building permit and may be phased in accordance with phased development. Until such time as the city's share is finalized, applicant's contribution shall be based on the maximum $10,000 contribution. When the city's share is finalized and it is determined that the applicant has contributed more than 5% of the city's share, the city shall reimburse the applicant for the overpayment. b. Applicant shall contribute $24,660 to the Williston Road Area 1 Improvement Fund based on the P.M. peak hour trip ends estimated to be generated by the project. The contribution shall be made prior to issuance of a zoning/building permit and may be phased in accordance with phased development. c) Applicant shall contribute $36,450 towards the cost of installing and optimizing the timing of a new traffic signal at the project access/Dorset Street intersection. This contribution shall be made prior to issuance of a zoning/building permit and may be phased in accordance with phased development. If the signal is installed prior to issuance of all permits, then the applicant shall pay the remainder owed at time of application for the next phase of development. 8. The Sherry Road access for the subsurface parking under building B shall be egress only. 9. The Commission approves a total of 602 parking spaces for the project. The plan shall be revised prior to recording to show: a) the two (2) compact car spaces removed, b) the eleven spaces along lot #2 removed and replaced with adequately screened green space. If the applicant can submit a letter from the adjoining property owner to the south (i.e., Veve) agreeing to the location of the 11 spaces mentioned in "(b)" above, then the eleven spaces may be constructed. 10. Proposed street trees along the main access shall be located a minimum of three (3) feet from the face of curb. 11. The plans shall be revised prior to recording to show the following: 6 a. The fire hydrant at the corner of Sherry Road and Dorset Street relocated to a location approved by the Fire Chief. b. Location of bicycle parking as required under Section 19.253(b) of the zoning regulations. c. Correct notation of buildings C, D, and E on Sheets SP1, SP2 and SP3. There should not be any reference to a building F. d. Sheets SP2 and D7 shall indicate that lighting within the new public street r.o.w. will be the type and style maintained by Green Mountain Power Corporation. e. The portion of the existing turn -around at the end of Oakwood Drive which is on the applicant's property. As expressly represented by the applicant, this turn -around shall be left open for its intended purpose. f. Additional evergreen landscaping north of Building C and D as recommended by the City Planner g. Dumpsters located in a area approved by the City Planner. 12. The survey plat shall be revised prior to recording to show: a) the 11.64 acre parcel designated as "Lot 1" and the 0.6 acre parcel designated as "Lot #211, and b) the acreage of lot #2. 13. The Planning Commission approves a 0.58 F.A.R. for the area of the project zoned CD-3. The Planning Commission may approve an increase above the base F.A.R. of 0.5 if the applicant provides certain public amenities. It is the Commission's opinion that the provision of a public street connecting Sherry Road to Dorset Street will improve traffic circulation in the area and therefore qualifies as a public amenity. 14. All on -site lighting shall be down -casting, shielded luminaires and shall not cast light beyond the property line. 15. A sewer allocation of 18,327 gpd is granted. Applicant shall pay the required per gallon sewer allocation fee prior to issuance of a zoning/building permit. 16. Building elevations for each building showing both pre - construction and post -construction grade shall be submitted at time of application for a zoning/building permit. 17. The Planning Commission approves the alternate drainage improvements involving the Estey and Rowley properties as shown on the sketch entitled, "Proposed Changes, Dorset Land Company", prepared by Trudell Consulting Engineers and dated 4/7/93. Such improvements shall be constructed if the applicant can obtain the 7 necessary agreements from the involved adjoining land owners. The City shall not be responsible for maintaining any drainage system not located within a public r.o.w. If the applicant cannot obtain an agreement from the adjoining landowners, then the applicant shall construct the drainage improvements as shown on Sheet SP3. 18. Building Heights: The Commission approves a maximum pitched roof building height of 45 feet for buildings C,D, and E. It is the Commission's opinion that a 45 foot pitched roof height satisfactorily meets the provisions of section 18.112(b) of the zoning regulations. For buildings A and B, the Commission approves a maximum eave height of 27 feet as shown in the sketch entitled "Exhibit A, Wall Section" prepared by Wiemann-Lamphere Architects, Inc. and dated April 27, 1993. 19. Section 19.202(b) of the zoning regulations limits the number of lots served by a private r.o.w. to three. Prior to issuance of a zoning/building permit for lot #2, the applicant or its successors and assigns shall upgrade to city standard that portion of Oakwood Drive from its current terminus as a public r.o.w. to the southern boundary of lot #2. In addition, prior to issuance of a zoning/building permit for lot #2, appropriate legal documents for conversion of this portion of Oakwood Drive to a public street (i.e., irrevocable offer of dedication) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 20. Prior to issuance of a zoning/building permit for lot #2, the applicant shall pay the appropriate sewer and recreation fees. 21. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of the required public r.o.w. improvements, the developer shall submit to the City engineer "as -built" construction drawings certified by a registered engineer. 22. The final plat plans (i.e., survey plat and engineering drawings) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. 23. If substantial construction of the project has not started within three (3) years, the approval for the planned commercial development on the 11.64 acre parcel shall be null and void. 24. The applicant shall obtain a certificate of occupancy permit from the Zoning Administrator prior to occupancy of any building. 25. As expressly represented by the applicant, the building faces along Dorset Street will be designed so as to appear as "building 8 fronts". 26. The applicant or its successors and assigns shall maintain the public r.o.w. and improvements therein until such time as the r.o.w. is accepted by the City. 27. The fence along the west property line shall be extended to the turnaround area to screen exiting car headlights from the residences on Oakwood Drive. Chairman or Cierk South Burlington Planning Commission ,01/262 Date 9