HomeMy WebLinkAboutSD-98-0001 - Decision - 0040 IDX DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of BDP Realty Associates for a planned unit development consisting of
a 354,520 square foot general office use facility and a 646 space parking structure, 1400 Shelburne Road.
On the 81h day of December, 1998 the South Burlington Planning Commission approved the request
of BDP Realty Associates for preliminary plat approval under Section 203 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of: 1) razing a 21,200 square foot general office building, 2) constructing
a 239,708 square foot addition and a 20,476 square foot connector to an existing 124,208 square foot
general office building, 3) constructing a 646 space 3-level parking structure, and 4) merging three
(3) lots into one (1) lot. The 124,208 square feet building was approved on 12/15/87. Several minor
site modifications have been made since 1987. This application will be treated as a planned unit
development. The sketch plan was reviewed on 11/10/98.
2. This property located at 1400 Shelburne Road lies within the C2 District, and the Bartlett Brook
Watershed Protection Overlay District. It is bounded on the north by IDX Drive, on the west by
Shelburne Road, on the east by Green Mountain Drive, and on the south by an auto dealership.
3. Access/circulation: Access is currently provided by a 32 foot and 45 foot curb cut on IDX Drive
and a 24 foot curb cut on Shelburne Road. The applicant proposes to: 1) eliminate the Shelburne
Road curb cut, 2) extend IDX Drive to connect with Green Mountain Drive, and 3) construct a new
24 foot curb cut on Green Mountain Drive.
Circulation on the site is adequate.
4. Coverage/setbacks: Building coverage is 22.5% (maximum allowed is 30% and includes parking
garage). Overall coverage is 64.8% (maximum allowed is 70%). Front yard coverage along
Shelburne Road is 0%, along IDX Drive is 34.4%, and along Green Mountain Drive is 35.6%
(maximum allowed is 30%). Front yard coverages along IDX Drive and Green Mountain Drive are
proposed to be exceeded. The Planning Commission may allow these coverages to be exceeded
under Section 12.406(b) of the zoning regulations.
5. The existing building and proposed addition will meet the setback requirements. The proposed
parking structure does not meet the 40 foot front yard setback requirement from Green Mountain
Drive. The proposed setback is 12 feet. The applicant sought a waiver from the front setback
requirement as provided under Section 12.406(b) of the zoning regulations. Staff did not see a
problem with granting this waiver.
6. ParkinQ: A total of 1538 spaces are required and 1394 spaces are provided including 26
handicapped spaces. This represents a 144 space or 9.4% shortfall. It was the applicant's position
that the 29,888 square feet used for storage and the 20,476 square feet of building connector space
should not be used for parking calculation. If these square footages are not included in the
calculation, a total of 1337 spaces are required or 57 spaces more than required. A bike rack is
provided as required under Section 26.253(b) of the zoning regulations.
7. Staff did not agree that storage space should be subtracted when calculating required parking
spaces since storage is an important component of the City's office parking standard. Staff did not
see a problem with subtracting out the 20,476 square feet ofbuilding connector/cafeteria space. With
this area subtracted out, the required parking is 1456 spaces which represents a 62 space, or 4.3%,
waiver. Staff did not see a problem with approving this number of spaces since the Commission has
routinely granted up to an 8% parking waiver for multiple story office buildings.
8. The parking count information on the cover sheet should be revised to correct the square footage
of office space and the number of spaces required. Parking is based on gross square footage/250
(384,329 square feet/250 = 1538 spaces).
9. Parking structure: The proposed parking structure does not appear to meet the "Design Guidelines
for Parking Structures" in the following manner:
the maximum distance between parking spaces and nearest exit stairwell is greater than 200
feet (i.e., 240 feet).
— there should be two (2) elevators for up to 500 parking spaces and no elevators proposed.
— lighting information within the structure was not provided. Staff was unable to determine
whether adequate lighting is proposed to meet the guideline.
10. Landscaping: The minimum landscaping requirement, based on building costs, is $257,950 which
is being met. Proposed plantings include: Red Maple, Green Ash, Crabapple, Honeylocust, Sugar
Maple, Birch, Pin Oak, Shadblow, Spruce, Pine, Viburnum, Juniper, and Wintercreeper.
Landscaping plan should be revised to provide street trees on the east side of the extended portion
of Green Mountain Drive.
11. Staff recommended that parking be shifted back to create a green strip between the circulation
aisle and parking and the proposed r.o.w. (at the northwest corner of the site) and that this green strip
be adequately landscaped.
12. Bartlett Brook Watershed Protection Overlay District BBW): This property is located in the
BBW District. Under Section 23.20 of the zoning regulations, the applicant shall submit applicable
information regarding the development and storm water management design to Heindel and Noyes
for inclusion into the City's stormwater hydrology computer model. The final plat plans should
incorporate the recommendations from Heindel and Noyes.
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13. Building height: Section 25.113(a) of the zoning regulations limits the height of a flat roof
structure to 35 feet. The proposed addition will have a height of 68 feet from the average pre -
construction
grade. This is 33 feet greater than permitted. Section 25.113(c) of the zoning regulations allows the
Planning Commission to approve a non-residential structure with a height in excess of the limitations
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 important scenic views from adjacent public roadways and other
Public rights -of -way.
14. Section 25.113(d) of the zoning regulations requires additional front, side and rear setbacks for
taller structures. The proposed addition will meet the additional setback requirements.
15. Information on the height of the parking structure measured to top of the light fixtures on the
upper level should be provided.
16. Sewer: The additional sewer allocation requested is 24,588 gpd (this includes 20% reduction
allowed by State). The applicant will be required to pay the per gallon fee prior to permit issuance.
There is currently no reserve capacity currently available at the Bartlett Bay Wastewater Treatment
Facility. Approved allocation will be placed on a waiting list until such time as allocation is available.
The Commission's policy has been that a permit can not be issued until allocation is available.
Allocation is projected to be available at the end of July, 1999. Staff did not see a problem with
amending the policy as long as the new space is not occupied until the new plant expansion is on line.
17. Traffic: The applicant submitted a traffic impact study addressing the impact of the proposed
addition. This report has been submitted to the MPO for their review and comment. The study
concludes as follows:
Overall levels of service during the AM and PM peak hour north of IDX are
acceptable with the IDX expansion in 2005.
IDX Drive/US 7 operates poorly during the no -build and build scenarios by 2000.
South of IDX Drive, certain intersections begin to show poor levels of service by
2005, including the Bartlett Bay Road approach to US 7, the US 7/Allen Road and
US 7 Pine Haven Road intersections, and the Bay Road approach to US 7.
18. To mitigate the above impacts, the study recommended the following:
1) With the expansion of IDX to over 300 employees, a left -turn lane should be constructed
on southbound US 7 at IDX Drive, and a right turn signal should be added to the westbound
approach to service IDX Drive.
2) Intersections south of IDX Drive will significantly improve levels of congestion with the
construction of the VAOT Shelburne Road improvements. At this time, they do not
recommend any additional mitigation for those affected intersections beyond what will be
constructed by VAOT.
3) IDX should continue their transportation demand management program that includes flex-
time and support of alternative transportation modes. If is does not already, the program
could include a clearinghouse for van pool/car pool information for employees. The company
can also provide secure bicycle facilities and showers for those wishing to walk or bike to
work.
4) Traffic signal offsets and timings should be maintained in the corridor to improve
coordination between signals.
19. Staff recommended that the applicant conduct a signal timing/coordination analysis for the
corridor. Also, a queue length analysis should be conducted, in particular, the southbound left -turn
queque at IDX Drive.
20. Section 12.403(a) of the zoning regulations requires an overall intersection LOS of "D" or better.
In addition, the individual LOS for thru movements on the major roadway shall be "D" or better.
There are several intersections and thru movements that will not meet the standards of this section.
21. The applicant should be aware that the road impact fee is approximately $110,000.
22. Dumpsters: The dumpsters will be located inside the building.
23. Lighting: Proposed exterior lighting consists of the following:
twelve (12) 100 watt metal halide lamps mounted on 43" bollards.
— nine (9) 27 watt flourescent lamps mounted on the building with downcasting shielded
fixtures.
thirteen (13) 100 watt halogen stake -mounted uplights.
three (3) 100 watt halogen surface -mounted uplights.
— forty-four (44) 175 watt metal halide lamps mounted on 20 foot poles with downcasting
shielded fixtures.
eleven (11) fountain lights.
Existing exterior lights consist of the following:
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nine (9) 250 - 400 watt metal halide lamps with downcasting shielded fixtures.
24. Lot merger: A lot merger agreement, approved by the City Attorney, should be recorded prior
to recording the final plat plans which merges lots A, B and the recently acquired lot #11 from Allson
Partnership.
25. Other:
the two (2) survey plats should be combined into one (1) plat showing the entire property.
The property lines to be dissolve should be noted as such. A lot merger agreement will not
be needed if this is done.
— the site plan should show the zoning boundaries.
— applicant should research whether the legal documents are in place to extend IDX Drive and
Green Mountain Drive and make the connection.
— the landscape plan does not accurately show the r.o.w. taking at the northwest corner of the
site.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the
preliminary plat application of BDP Realty Associates for a planned unit development consisting of
1) razing a 21,200 square foot general office building, 2) constructing a 239,708 square foot
addition and a 20,476 square foot connector to an existing 124,208 square foot general office
building, 3) constructing a 646 space 3-level parking structure, and 4) merging three (3) lots into one
(1) lot, as depicted on a 19 page set of plans, page four (4) entitled, "IDX South Burlington Vermont
Master Site Plan," prepared by Trudell Consulting Engineers, Inc, et al, dated 11/12/98, 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 zoning permit for the first phase or start of utility or road construction, all
appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty
deed for the proposed public road extension and utility, sewer, drainage and water, etc.) shall be
submitted to the City Attorney for approval and recorded in the South Burlington land records.
3) Prior to start of construction of the improvements described in condition #2 above, the applicant
shall post a bond which covers the cost of said improvements.
4) In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of
required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer
shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer.
5) Pursuant to Section 12.406(b) of the zoning regulations, the Planning Commission modifies the
front yard coverage limitations to be exceeded along Green Mountain Drive and IDX Drive.
6) Pursuant to Section 26.406(b) of the zoning regulations, the Planning Commission modifies the
front yard setback requirement along Green Mountain Drive to allow the proposed parking structure
to be within 12 feet of the front property line.
7) Pursuant to Section 26.256(b) ofthe zoning regulations, the Planning Commission approves atotal
of 1394 spaces which represents a 62 space or 4.3% waiver. This waiver is based on a total floor
area of 363,916 square feet and excludes the 20,476 square foot building connector/cafeteria space.
8) Prior to issuance of a zoning permit, the applicant shall post a $257,950 landscape bond prior to
issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
9) Pursuant to Section 25.113(c) of the zoning regulations, the Planning Commission approves a
building height of 68 feet above the average pre -construction grade.
10) The Planning Commission approves an additional sewer allocation of 24,588 gpd (includes
20% reduction allowed by State). The applicant shall be required to pay the per gallon fee prior
to permit issuance. There is currently no sewer allocation available at the Bartlett Bay
Wastewater Treatment Facility. The allocation granted shall be placed on a waiting list until such
time as the allocation is available. No Certificate of Occupancy/Compliance will be issued until
such time as sewer capacity is available.
11) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Planning Commission estimates that the expansion will generate 565 additonal
vehicle trip ends during the P.M. peak hour.
12) A determination as to whether or not the project will create an adverse traffic impact is not
made at this time. This determination shall be made at final plat. Prior to final plat, the applicant
shall do the following:
a) Conduct a signal timing/synchronization analysis for the corridor. In addition, a queue
length analysis shall be prepared.
b) Prepare a plan for the recommended southbound left -turn lane at IDX Drive.
c) Amend the traffic impact analysis to include the impact of the Shelburne Road widening
project south of IDX Drive.
d) Submit a proposal for developing and implementing a transportation demand program
(e.g., flex -time, van pool, bus passes, etc.).
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Provide a level of service analysis for the Imperial Drive intersection.
l 3) The plan shall be revised prior to final plat submittal as follows:
a) The parking count information on the cover sheet shall be revised to correct the square
footage of office space (363,916 square feet) and the number of spaces required (1456).
b) The plans shall be revised such that parking in the northwest corner of the site is shifted
back to create a green strip between the circulation aisle/parking area and the proposed
r.o.w., and that this green strip be adequately landscaped.
c) The plans shall incorporate the recommendations from Heindel and Noyes regarding
stormwater management.
d) The two (2) survey plats shall be combined into one (1) plat showing the entire
property. The property lines to be dissolved shall be noted as such.
e) The site plan shall show the zoning boundaries.
f) The landscape plan shall accurately show the no.w. taking at the northwest corner of
the site.
g) The site plan shall include a legend.
h) The site plans shall be revised to include street lights along IDX Drive and the extended
portion of Green Mountain Drive.
i) Final building design elevations shall be submitted.
j) Site plans shall be revised to reflect the parking deck design presented at the 12/8/98
Planning Commission meeting.
14) The applicant shall submit a copy of the plans to the City Water Department for their review.
15) The sewer manhole inverts shall be poured concrete not bricks.
16) All exterior lighting shall consists of downcasting shielded fixtures. Any change to approved
lights shall require approval of the Director of Planning & Zoning prior to installation.
17) The applicant shall provide lighting information within the parking structure. Proposed
lighting shall meet the guidelines in the "Design Guidelines for Parking Structures" booklet.
18) The final plat submittal shall include information on the height of the parking structure
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measured to top of the light fixtures on the upper level from the average pre -construction grade.
19) The applicant shall research whether the legal documents are in place to extend and connect
IDX Drive and Green Mountain Drive.
20) The final plat application shall be submitted within 12 months.
2 1 ) Prior to final plat, the applicant shall submit a construction phasing schedule for the project.
Chairman or Clerk
South Burlington Planning Commission
Date