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HomeMy WebLinkAboutSD-97-0000 - Decision - 0057 0069 0085 Swift StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Wright & Morrissey/Vermont Gas for a planned unit development consisting of the existing Vermont Gas building and a new 38,428 square foot building for general office use and a bank with drive -through service, 69 and 85 Swift Street. On the 15th day of July, 1997, the South Burlington Planning Commission approved the request of Wright & Morrissey/Vt Gas for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of: 1) constructing a 38,428 square foot 4-story general office building (including a bank with drive -through service) , 2) combine two (2 ) contiguous lots into a planned unit development (69 and 85 Swift Street) , and 3 ) construct a parking area at 57 Swift Street. The lot at 57 Swift Street will be combined into the PUD after a boundary line adjustment is approved. The preliminary plat was approved on 5 / 13 / 97 . These properties located at 57, 69 and 85 Swift Street lie within the Cl District. They are bounded on the east by the access to Farrell Park, on the north by Swift Street and an auto body repair shop, on the south by Farrell Park and several residences, and on the west by a mini -warehouse complex. 2. Access/circulation: Access to the PUD will be provided by a 36 foot curb cut at 85 Swift Street, and a 24 foot curb cut at 69 Swift Street. An internal future access drive is proposed which would connect 69 Swift Street and 85 Swift Street. This access road connects with the parking lot at 85 Swift Street at the southwesterly corner (preliminary plat condition #4a) . Preliminary plat condition #5 required that this access drive be constructed within three (3) years from the date of final approval. Circulation on the site is adequate. 3. Coverage / setbacks: Entire PUD after r . o . w . modification: Building coverage is 9.6% (maximum allowed is 30%) . Overall coverage is 61.5 % (maximum allowed is 70%) . Front yard coverage is 27.9% (maximum allowed is 30%) . Setback requirements are met. 4. Parking: The proposed office building requires a total of 161 spaces and 155 spaces are being provided including six (6) handicapped spaces. This is a six (6 ) space or 3.7% shortfall. Preliminary plat condition #6 limits the project to a 4% parking waiver. A bike rack is being provided as required under Section 26.253 (b) of the zoning regulations. 5. The parking standards require that each drive -up window have sufficient stacking room for six (6) cars and that a by-pass lane be provided. This requirement is met. 6. Landscaping: The minimum landscaping requirement, based on building costs, is $28,500 which is being met. Plantings will include Sugar Maple, Littleleaf Linden, Birch, Juniper, Crabapple, White Pine, Pin Oak, Lilac and Cranberry. The applicant should provide dense evergreen plantings along the southerly boundary as required under Section 25.108 of the zoning regulations. 7. Traffic: A traffic impact evaluation report was submitted and reviewed by the Planning Commission at preliminary plat. This report concludes that "with respect to traffic congestion, the results of the intersection capacity analyses indicate that this project will not create any significant traffic during future design hour conditions at all intersections included in this study. " The study recommended that site grading be designed to enhance available intersection sight lines from the proposed access. The study indicates that a signal will not be warranted at the Swift Street/Farrell Street intersection. The trip generation assessment should be revised to reflect the reduced building size. ITE estimates that the proposed office building with a drive -through bank will generate 130.1 additional vte's during the P.M. peak hour. The applicant was made aware that the road impact fee is approximately $26,000. 8. Building height: The applicant is proposing a 51.0 foot height for the office building and seeking a waiver for the additional 16 feet of height under Section 25.113 (c) of the zoning regulations. This section allows the Commission to approve a height in excess of the 35 foot limitation provided the Commission determines that a taller structure: (i) will not affect adversely the essential character of the neighborhood or district in which the property is located; (ii) will not detract from the important scenic views from adjacent public roadways and other public rights -of -way. 9. The Commission at preliminary plat granted the height waiver (preliminary plat condition #10) . Section 25.113 (d) of the zoning regulations requires additional setbacks for each foot above the normal 35 foot height. These additional setback requirements are met. 10. Sewer: The additional sewer allocation needed for this project is 840 gpd (this is in addition to the credits given for the removal of two (2) houses on the property) . There is currently no sewer allocation available at the Bartlett Bay Wastewater Treatment Facility. The applicant currently has excess capacity at his 60 Farrell Street project and is requesting that the Commission modify its policy to allow the transfer of the unused capacity of 1143 gpd to this project. The sewer policy was amended on 6/17/97 to accommodate this request. 11. P . U . D . report:. A report addressing the PUD criteria under Section 26.151 of the zoning regulations was submitted. 12. Sidewalk/street widening: The plans show a proposed sidewalk which would extend westerly from the terminus of the existing sidewalk along the project's frontage. The plan shows a reserved strip to be dedicated to the City for the sidewalk and future street widening. A drawing is provided ( sheet 1.1) showing the sidewalk/recreation path in front of the Couillard property within the Swift Street r.o.w. in the event that the necessary easements are not obtained to cross this property as shown on the plan submitted. 13. Recreation path: The Recreation Path Committee reviewed these plans and submitted comments. 14. The Public Works Director has recommended that a concrete sidewalk be provided. He has agreed to allow a five (5) foot paved path adjacent to the sidewalk similar to along Kennedy Drive. 15. Lighting: Proposed exterior lights will consist of the following: --- 13 - 400 watt metal halide lamps with downcasting shielded fixtures on 20 foot poles. Details of proposed building mounted lights should be approved by the City Planner prior to permit issuance. Existing lighting at 85 Swift Street is as follows: --- four (4) 100 watt metal halide lamps with downcasting shielded fixtures mounted on 14 foot poles --- three (3) 400 watt metal halide lamps with downcasting shielded fixtures on 20 foot poles. --- five (5) metal halide lamps of unknown wattage mounted on the building with downcasting shielded fixtures. --- one (1) flood light of unknown type and wattage mounted on a 16 foot pole. 17. Wetlands: The wetlands on the 85 Swift Street parcel have been delineated. (preliminary plat condition #12) . The plan should indicate the amount of wetland impacted by fill. 18. C . 0. District: A C . 0. District is shown along the crossing the 85 Swift Street parcel. The proposed internal access road will cross this C.O. District. This crossing of the C.O. District is permitted under Section 3.204 of the zoning regulations. 19. Dumpster: The type of screening proposed for the dumpster is noted on the plan. (preliminary plat condition #4c) . 20. Notice of Condition: A "Notice of Condition" should be approved by the City Attorney and recorded in the land records prior to recording the final plat plans. This "Notice of Condition" should clearly indicate that for zoning and planning purposes the entire property will be regarded as a single parcel of land. 21. Other: --- plat should show the eight (8) foot strip along Swift Street to be reserved for future dedication. 3 DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Wright & Morrissey, Inc. for a planned unit development consisting of the existing Vermont Gas building and a new 38,428 square foot building for general office use and a bank with drive through service, 69 and 85 Swift Street, as depicted on a 12 page set of plans, page two (2) entitled "Swift Street P.U.D. Property of Daniel Morrissey & Vermont Gas South Burlington Vermont," prepared by Civil Engineering Associates, Inc, dated June, 1997, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of a zoning permit for the office building, all appropriate legal documents (e.g. irrevocable offer of dedication and warranty deed for the street widening/pedestrian improvements) shall be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 3. The applicant shall construct a 10 foot wide sidewalk/recreation path along that portion of the project's frontage which does not currently have a sidewalk/recreation path. This sidewalk/recreation path shall be continuous across the Couillard property with the appropriate legal documents or constructed within the existing Swift Street r.o.w. This sidewalk/recreation path shall be constructed prior to occupancy of the office building and to the specifications approved by the Public Works Director. Prior to start of construction of the sidewalk/recreation path, the applicant shall post a bond which covers the cost of the sidewalk/recreation path. 4. The plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat plans shall be submitted to the City Planner prior to recording. a) The plans shall be revised to show the sidewalk/recreation path constructed to the driveway serving Farrell Park. b) The landscape plan shall be revised to provide dense evergreen plantings along the southerly boundary as required under Section 25.108 of the zoning regulations. c) The Overall Site Plan shall be revised to indicate the amount of wetland impacted by the fill for the future internal access. d) The survey plat shall be revised to show the 8.25 foot strip along Swift Street to be reserved for future dedication. 5. The proposed internal future access drive shall be constructed within three (3) years from the date of final approval. Prior to issuance of a zoning permit, a bond to cover the cost of the future access drive shall be posted and shall remain in effect until said future access drive is constructed. 4 6. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission approves a 3.7% parking waiver for the proposed office building. It is the Commission's opinion that fewer spaces will adequately serve the project since a significant portion of the gross square footage of the building will be devoted to uses which typically do not generate parking demand (e.g. stairwells) . 7. Prior to issuance of a zoning permit, the applicant shall post a $28,500 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 8. All new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. Details of any building mounted lights shall be approved by the City Planner prior to permit issuance. 9. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed office builidng will generate 130.1 additional vehicle trip ends during the P.M. peak hour. 10. Pursuant to Section 25.113 (c) of the zoning regulations, the Planning Commission approves a 16 foot height waiver for the proposed office building. The Commission has determined that this taller structure: (i) will not affect adversely the essential character of the neighborhood or district in which the property is located; (ii) will not detract from the important scenic views from adjacent public roadways and other public rights -of -way. 11. The Planning Commission grants an additional sewer allocation of 840 gpd (2,040 gpd total) for the new office/bank building. 12. The applicant shall record in the land records, a "Notice of Condition" which clearly indicates that this project constitutes a PUD and that for zoning and subdivision purposes the entire property will be regarded as a single parcel of land. This document shall require approval of the City Attorney and shall be recorded prior to recording the final plat plans. 13. Any change to the final plat plans shall require approval of the Planning Commission. 14. The final plat plans 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. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall be approved by the City Planner. Y c- Chairman or Clerk" South Burlington Planning Commission Date 6