HomeMy WebLinkAboutSD-05-73 - Decision - 0466 Farrell StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CATHEDRAL SQUARE CORPORATION— OVELL PARKWAY
FINAL PLAT APPLICATION #SD-05-73
FINDINGS OF FACT AND DECISION
Cathedral Square Corporation, herein referred to as the applicant, is requesting final plat
approval to amend a previously approved planned unit development consisting of: 1)309
residential units in six (6) buildings, 2) subdividing two (2) parcels of 24.458 acres into
eight lots, 3) a 90,000 sq. ft. building which will include 11,000 sq. ft. of retail, a 15-seat,
7,500 sq. ft. restaurant, 70,000 sq. ft of general office, 2,500 sq. ft. drive-in bank, and ten
(10) residential units, 4) a 4,430 sq. ft. expansion to an indoor recreation facility, and 5)
an existing 16,000 sq. ft. television studio and office building. The amendment consists
of: 1) elimination of 90,000 sq. ft mixed use building, 2) reduction in size of 16,000 sq. ft.
television studio to 11,700 sq. ft., and 3) construct a 4-story 63 unit congregate care
housing facility which includes 11,300 sq. ft. of general office use, Farrell Street. The
Development Review Board held a public hearing on September 20, 2005. Eric Farrell
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
The applicant is requesting final plat approval to amend a previously approved
planned unit development consisting of: 1) 309 residential units in six (6)
buildings, 2) subdividing two (2) parcels of 24.458 acres into eight lots, 3) a
90,000 sq. ft. building which will include 11,000 sq. ft. of retail, a 15-seat, 7,500
sq. ft. restaurant, 70,000 sq. ft of general office, 2,500 sq. ft. drive-in bank, and
ten (10) residential units, 4) a 4,430 sq. ft. expansion to an indoor recreation
facility, and 5) an existing 16,000 sq. ft. television studio and office building. The
amendment consists of: 1) elimination of 90,000 sq. ft mixed use building, 2)
reduction in size of 16,000 sq. ft. television studio to 11,700 sq. ft., and 3)
construct a 4-story 63 unit congregate care housing facility, which includes
11,300 sq. ft. of general office use, Farrell Street.
2. The owner of record of the subject property is F & M Development Corporation.
3. The subject property is located in the Commercial 1 — Residential 15 (Cl-R15)
Zoning District.
4. The plans submitted consist of a 25 page set of plans, page two (2) entitled,
"Revised Final Plat O'Dell Parkway PUD South Burlington Vermont", prepared by
Civil Engineering Associates, Inc., dated 6/20/05, last revised on 8/2/05.
Setbacks:
The proposed building meets the applicable front, rear, and side setback requirements
for the subject PUD, as outlined in Table C-2 of the South Burlington Land Development
Regulations.
Density:
Because the proposal contains all congregate housing, it is not subject to density review.
However, it should be noted that the applicant, with this application, is removing 6
market -rate units from the original proposal. The remaining density for the PUD is now
75 units.
Coverage:
The applicant has stated that Ben Franklin has, is, and will continue to be counted towards
building and overall overages for the PUD. The coverages are acceptable and within the
regulations for the zoning district.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed dwelling units.
The Superintendent of the South Burlington Water Department, Jay Nadeau shall review
the plans and provide comments.
The City of Burlington's Water and Wastewater Treatment, Distribution, and Collection
Facilities will handle the wastewater disposal of this project.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The proposed project shall adhere to standards for erosion control as set forth in Section
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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.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access is provided to the proposed building by the same lot proposed to access
Eastwood Commons II. This access will connect to the parking lots for the buildings on
lot 1, and will connect to a proposed pedestrian walkway to the Twin Oaks facility.
Access will also be available to the west of the building using an existing access to the
rear of the Ben Franklin building.
According to the ITE, 7t" Edition, the proposed building will generate 31.57 PM peak
vehicle trip ends. This is estimated to bring the Planned Unit Development's total P.M.
vehicle trip ends to 198 P.M. peak -hour vehicle trip ends. This is a decrease from the
253 vte's in the most recent PUD application.
There were some concerns with circulatoin. The main concern is the car wash which is
still in operation on the property, but not shown on the plans. With the car wash in use
and existence, the traffic lanes and parking spaces shown in their place are not
available. The applicant has addressed this in a memo dated September 15, 2005. The
applicant's proposal is acceptable.
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.
The subject property does not contain any wetlands, streams, or unique natural features.
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.
According to the South Burlington Land Development Regulations, the Commercial 1
District is hereby formed in order to encourage the location of general retail and office
uses in a manner that serves as or enhances a compact central business area. Other
uses that would benefit from nearby access to a central business area, including
clustered residential development and small industrial employers, may be permitted if
they do not interfere with accessibility and continuity of the commercial district. Large -lot
retail uses, warehouses, major industrial employers, and incompatible industrial uses
shall not be permitted. Planned Unit Developments are encouraged in order to
coordinate traffic movements, promote mixed -use developments, provide shared parking
opportunities, and to provide a potential location for high - traffic generating commercial
uses.
The proposed development conforms to the purpose of the C1 District and that it is
visually compatible with the area, which currently contains commercial uses and multi-
family dwellings. The proposed uses will not interfere with the accessibility and
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continuity of the C1 District. Also, the proposed development is part of a PUD, which is
encouraged in the C1 District.
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.
The major open space area on this PUD is the land adjacent to the Interstate which
comprises the IHO District. This is an important open space area, as it provides a viable
corridor along the Interstate and provides an aesthetic buffer between the Interstate and the
PUD. The open space on this PUD will not vary from the previously approved plans.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has reviewed the plans and issued comments in a letter
dated September 19, 2005. He has expressed approval with the plans as they are shown.
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 landowners.
A proposed public road serves all lots in the PUD. A sidewalk exists on the northerly side
of the roadway and a 10' wide bike path exists on the southerly side of the roadway. The
proposed recreation path flows from Farrell Street north along the easterly side of the
Eastwood Commons II parking lot, along the westerly boundary of the Twin Oaks facility,
and eventually connecting with Hadley Road. The recreation path committee is reviewing
this path as part of the proposal for Eastwood Commons II.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant shall submitted exterior lighting details (cut -sheets) for the proposed street
lights and pedestrian lights on the property. Both of the proposed lighting fixtures shall
comply with Appendix A of the South Burlington Land Development Regulations.
At this time, the applicant is not proposing building -mounted lights for the building.
The City Engineer has reviewed the plans for the proposed project and provided comments
in a memo dated September 8, 2005.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed PUD to be consistent with the South Burlington Comprehensive Plan for
the following reasons:
a. The plan is consistent with the stated purpose of the C1 District, as outlined in Section
5.01 of the South Burlington Land Development Regulations.
b. The proposed PUD will produce infill development, which is promoted through the
Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. 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.
The proposed project accomplishes a desirable transition from structure to site and from
structure to structure. Also, the site provides for adequate planting and safe pedestrian
movement.
Based on the Land Development Regulations, the overall PUD will now require 923 parking
spaces. The applicant has provided and/or is proposing to provide 857 parking spaces.
This shortfall is 66 spaces, or 7.2%.
The applicant has not submitted the details for the underground parking spaces for the
proposed project.
The subject building will require 5 handicapped -accessible parking spaces. The applicant
is showing 4 on the site plan. Given the use of the building, the Board recommends that
the applicant show more than the five required. This may be included as part of the
underground parking.
According to Section 13.01(J) of the South Burlington Land Development Regulations,
parking or storage facilities for recreational vehicles shall be provided in all multi -family
residential developments of twenty-five (25) units or more. Recreational vehicles shall
not be stored on any common open lands other than those specifically approved for
such purpose by the DRB through the review process. The Development Review Board
may waive this provision only upon a showing by the applicant that the storage and
parking of recreational vehicles shall be prohibited within all private and common areas
of the development.
The applicant has stated in a memo of September 15, 2005 that parking of recreational
vehicles will be prohibited in association bylaws for the overall PUD.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
This proposal is in compliance with this criterion
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.
According to Section 3.07 (D) of the South Burlington Land Development Regulations, the
maximum height of a flat -roof structure shall be 35' above average pre -construction grade.
The average pre -construction grade for the subject lot is 215 feet. The applicant has stated
that the highest point of the proposed building will be 53.75' above the average pre -
construction grade. Due to the potential for field adjustments, the applicant is requesting
approval for five additional feet, for a total height waiver of 19.5'.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has already been stated that pursuant to Section 15.13(E) of the South Burlington Land
Development Regulations, any new utility lines 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.
This criterion is being met.
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.
This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
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 proposed amendment does not pose any opportunities to create access to abutting
properties that will reduce curb cuts, improve general access, or improve circulation.
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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.
It has already been stated that pursuant to Section 15.13(E) of the South Burlington Land
Development Regulations, any new utility lines 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 site plan depicts screened waste storage facilities.
Landscaping and Screening Requirements
The applicant shall post a landscaping bond of $45,190. The applicant has already agreed
that part of the requirement of the landscaping for the senior housing building may be
allocated to additional berming and landscaping of Eastwood Commons II to better mitigate
the views of neighbors. The South Burlington City Arborist shall review the plans.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off.
DECISION
Motion by �� �ulW#S-�05-73
seconded by �� �qX4
to approve Final lat Application of Cathedral Square Corporation 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.
3) The plat plans shall be revised to show the changes below and shall require
approval of the Administrative Officer. Four (4) copies of the approved revised plans
shall be submitted to the Administrative Officer prior to recording:
a) The plans shall be revised to comply with the requests of the South Burlington
Water Department, if any.
b) The plans shall be revised to comply with the requests of the South Burlington City
Arborist, if any.
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c) The plans shall be revised to comply with the requests of the City Engineer as
outlined in his memorandum dated September 8, 2005.
d) The plans shall be revised to depict the underground parking spaces for the
proposed building which shall comply with all dimensional requirements.
e) The plans shall be revised to depict at least 5 handicapped -accessible parking
spaces for the proposed building.
f) The plans shall be revised to depict proposed snow storage areas
4) The applicant shall comply with the requests of the City Engineer as outlined in his
memorandum dated September 8, 2005.
5) The applicant shall comply with the requests of the Fire Chief.
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) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the congregate
housing facility will generate 31.57 additional vehicle trip ends during the P.M. peak
hour.
8) If and when the applicant updates the traffic study for the subject PUD, the 63-unit
residential building shall be incorporated into that study and any relevant traffic
management strategies shall be implemented.
9) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
10) The applicant shall submit exterior lighting details (cut sheets) for any new street lights
and pedestrian lights on the property prior to permit issuance.
11) If exterior lighting is to be installed on the proposed building, the details of the lighting
shall be submitted for approval prior to the issuance of the zoning permit.
12) The Development Review Board approves a 109-space or 11.81 % parking waiver for a
total of 814 spaces.
13) The Development Review Board grants the applicant a 19.5' height waiver, for a total
maximum building height of 54.5' above average pre -construction grade.
14) Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any utility cabinets on the site shall be effectively screened to the approval
of the Development Review Board.
15) 15 The applicant shall post a $45,190 landscape bond prior to issuance of the zoning
permit. This bond shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
16) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
17) The final plat plan (sheets 1 and C-3) shall be recorded within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior
to recording. Prior to recording the final plat plan, the applicant shall submit a copy
of the survey plat in digital format. The format of the digital information shall require
approval of the Director of Planning and Zoning.
Mark Behr — e nay/abstain/not resent
Matthew Birmingham— yea/na abstai not present
Chuck Bolton — e
nay/abstain/no present
John Dinklage —
nay/abstain/not present
Roger Farley — e
/abstain/not present
Larry Kupferman —
e ay/abstain/not present
Gayle Quimby — e
nay/abstain/not present
Motion carried by a vote of � - o-j
Signed this day of September 2005, by
G,
John Dinklage, Chtfii
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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