HomeMy WebLinkAboutSP-03-08 - Decision - 0080 Midas DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
EIGHTY MIDAS DRIVE, LLC. — 80 MIDAS DRIVE
SITE PLAN #SP-03-08
FINDINGS OF FACT, CONCLUSIONS & DECISION
Eighty Midas Drive, LLC, hereafter referred to as the applicant, is requesting
administrative site plan approval for a change of use, and access, parking lot and
landscaping changes at 80 Midas Drive. Based on the plans and supporting materials
contained in the document file for this application, the Director of Planning & Zoning
finds, concludes and decides as follows:
FINDINGS OF FACT
The applicant is requesting site plan approval for a change of use, and access,
parking lot and landscaping changes at 80 Midas Drive.
2. On March 20, 2003, the applicant submitted a site plan for the subject property
prepared by Dubois & King, Inc. dated January 2003 and entitled "Site Plan for
Parcel No. 2 Office Building."
3. On April 11, 2003, Brassard Automotive Services, Inc_, conveyed a portion of the
subject property to Eighty Midas Drive, LLC, as recorded in volume 605, page
222.
4. On March 31, 2003, a condemnation order was recorded in Volume 602 page
785 of the land records of the City of South Burlington concerning the subject
property. As compensation for the condemnation of 0.23 acres, the City
conveyed 0.25 acres to Eighty Midas Drive, LLC, on the day of
2003, as recorded in volume , page of the city land records.
5. As a consequence of the condemnation order, the subject property contains 0.54
acres and falls within the Commercial 1 (Cl) District.
CONCLUSIONS
This application must be reviewed under and comply with the current Zoning
Regulations and the proposed Land Development Regulations.
2. The plans will need to be revised to include updated ownership information
pursuant to the recent conveyances of land from Brassard Automotive Services,
Inc., and the City of South Burlington to the applicant.
3. The plans will need to be revised to include a signature block for the Director of
Planning and Zoning, rather than the Planning Commission and City Clerk.
4. The site plan, entitled "Brassard Automotive Services, Inc., 1-3 Midas Drive, South
Burlington, Vermont," needs to be corrected to indicate the correct owner and
FINDINGS OF FACT, CONCLUSIONS & DECISION
EIGHTY MIDAS DRIVE, LLC. - #SP-03-08
address. The address of the subject property is now 80 Midas Drive, not 1-3 Midas
Drive, and the owner is now Eighty Midas Drive, LLC.
5. The locator map in the upper right hand comer of the site plan is missing a number
of road lines and does not include a north arrow. In addition, the scaled plans do not
include a north arrow.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
6. The proposal complies with the maximum building coverage, maximum overall lot
coverage, maximum building height, and side yard setback requirements of the
C1 District.
7. The existing building does not comply with the minimum required front yard
setback along Midas Drive; however, this is a pre-existing condition unaffected
by the current proposal.
8. The existing building does not comply with the front yard setback along the newly
condemned parcel; however, this is a result of the City's condemnation and not
the result of any action by the applicant or property owner.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 26.102 of the Zoning Regulations, the Director shall consider the
following in its review of a site plan application:
(a) Pedestrian and vehicular access.
9. Currently Midas Drive contains sidewalk on both sides of the street. The
sidewalk ends on the westerly side just prior to the proposed vehicular access
point for the subject property.
(b) Circulation.
10. Vehicular circulation is two-way throughout the site. Internal driveways are 24 ft.
in width. Internal sidewalks are proposed around the perimeter of the existing
building. The Director concludes that circulation is adequate.
(c) Parking.
11. Pursuant to Section 26.252 of the Zoning Regulations, a minimum of one off-
street parking space per 250 sq. ft. of general office space is required. Section
13.01(B)(1) of the proposed Land Development Regulations, requires 3.5 spaces
per 1000 sq. ft. of general office space. The Office building contains 2,526 sq. ft.,
which requires 11 parking spaces pursuant to the Zoning Regulations and 9
parking spaces pursuant to the proposed Land Development Regulations. One
accessible space shall be provided as required by Section 26.253(a) of the
Zoning Regulations and Section 13.01(1) of the proposed Land Development
Regulations. Twelve parking spaces, including 1 accessible space, are proposed.
\drb\sit\midas\SP-03-08Jcd. doc
2
FINDINGS OF FACT, CONCLUSIONS & DECISION
EIGHTY MIDAS DRIVE, LLC. - #SP-03-08
(d) Landscaping, screening and outdoor lighting.
12. Pursuant to Section 26.105 of the Zoning Regulations and Section 13.06(G)(2) of
the proposed Land Development Regulations, 3% of the first $250,000 in building
construction costs must be spent toward landscaping. No new buildings or
expansions to the existing building are proposed. The applicant estimates site
development to cost approximately $12,000. The proposed landscaping includes
8 Green Ash trees, which staff estimates will cost approximately $3,700 installed.
The Director concludes that the landscaping plan complies with the minimum
landscaping cost requirements of Section 26.105 of the Zoning Regulations and
Section 13.06(G)(2) of the proposed Land Development Regulations.
13. South Burlington Public Works Arborist has included Green Ash on a list of
undesirable tree species because Green Ash is over planted in the city.
Therefore, another tree species such as Japanese Zelkova, Turkish Filbert,
Callery Pear, Ginko, Common Horsechestnut, English Oak, Swamp White Oak
and/or Kentucky Coffee Tree should be substituted.
14. Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping
and screening shall be required for all uses subject to site plan review. Section
13.06(B) requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers. Accordingly, the Director
shall consider the adequacy of the proposed landscaping to assure a safe,
convenient, and attractive parking area and the privacy and comfort of abutting
properties. Section 13.06(B)(1) requires that at least 10% of the interior of the
parking area to be landscaped with trees, shrubs or other plants. Furthermore, at
least one deciduous shade tree shall be planted for every 3,000 sq. ft. of paved
area, or every 10 parking spaces, whichever is greater. Three shade trees are
proposed. In addition, exiting woody vegetation will be retained around the
perimeter of the paved area.
15. Pursuant to Section 13.06(B)(2)(a) of the Land Development Regulations, raised
planting islands containing trees, shrubs, grasses, and/or ground covers, shall be
designed to define major circulation aisles, entrances, and exits. Section
13.06(B)(2)(b) requires the landscape islands to be curbed unless curbless islands
are proposed to provide for stormwater runoff into vegetated areas for treatment. It
is not clear whether the islands are curbed.
16. Pursuant to Section 13.06(B)(4), snow storage areas must be shown on the plans.
The plans do not show snow storage areas.
17. Pursuant to Section 13.07(A) of the all exterior lighting must be shielded and
downcasting to prevent light from spilling onto adjacent properties and rights -of -
way. The plans show six 250W cutoff fixtures on 18 ft. poles, and three fixtures
within the public rights -of -way, which are proposed to match city standards. Pole
heights and locations appear to comply with Section 13.07(B) for light sources
within parking areas. Prior to the issuance of a permit, the applicant must provide
cut sheet details for the proposed exterior lighting.
\drb\sit\mid as\SP-03-08Jcd.doc
3
FINDINGS OF FACT, CONCLUSIONS & DECISION
EIGHTY MIDAS DRIVE, LLC. - #SP-03-08
Pursuant to Sections 14.06 and 14.07 of the proposed Land Development Regulations,
the following review standards shall apply to site plan applications:
(a) The relationship of the proposed development to goals and objects set forth
in the City of South Burlington Comprehensive Plan.
18. The proposal is related to a condemnation action by the City of South Burlington,
which was made to provide land for access to the City Center property from Midas
Drive. The acquisition of the condemnation parcel for purposes of the future City
Center access road is in keeping with the Comprehensive Plan. Insofar as the
current proposal is a result of the condemnation action, it is also in keeping with the
Comprehensive Plan.
(b) 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.
19. It appears that adequate transitional features are proposed between structures and
between parking and structures.
(c) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
20. Proposed parking is located to the rear and the side of the existing building. In
addition, Section 13.01(G)(1) of the Land Development Regulations establishes
design requirements for parking spaces. Internal aisles are 24 ft. wide. Parking
spaces are 90 degrees to internal aisles. Stall dimensions are not indicated on the
plans, but all stalls appear to be 9 ft. wide by 18 ft. deep. This complies with the
dimensional requirements outlined in the regulations. Section 13.01(G)(5) requires
that bicycle parking or storage facilities are provided for employees, residents, and
visitors to the site. No bicycle parking facilities are shown for the site.
(d) 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.
21. No changes to the existing structure are proposed.
(e) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
22. Utility lines are existing.
(f) The combination of common materials and architectural characteristics,
landscaping, buffers, screens and visual interruptions to create attractive
transitions between buildings of different architectural styles shall be
encouraged.
23. No changes to the existing structure are proposed.
\drb\s Mmidas\SP-03-08.fcd.doc
4
FINDINGS OF FACT, CONCLUSIONS & DECISION
EIGHTY MIDAS DRIVE, LLC. - #SP-03-08
(g) 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.
24. Again, no new structures are proposed.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the Land Development
Regulations:
(a) 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.
25. The proposal is related to a condemnation action by the City of South Burlington,
which was made to provide land for access to the City Center property from Midas
Drive. Further reservation of land is unnecessary on the subject property.
(b) 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.
26. Utility lines are existing.
(c) 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).
27. No outdoor trash or recycling facilities are indicated on the plans.
DECISION
The Director of the South Burlington Department of Planning and Zoning hereby
approves site plan application #SP-03-08 for general office use at 80 Midas Drive,
subject to the following conditions:
This project shall be completed as shown on the plans submitted by the
applicant, as amended by this decision and on file in the Department of Planning
and Zoning.
2. The applicant shall obtain a zoning permit within six months of this decision
pursuant to Section 27.302 of the South Burlington Zoning Regulations and Section
17.04 of the proposed Land Development Regulations or this approval shall be null
and void.
3. Prior to the issuance of a zoning permit, the applicant must provide a performance
\drb\sMmidas\SP-03-08.fcd.doc
5
FINDINGS OF FACT, CONCLUSIONS & DECISION
EIGHTY MIDAS DRIVE, LLC, - #SP-03-08
bond or other form of surety to guarantee the completion of all required landscaping
and site restoration. The performance bond shall guarantee all plantings for a
period of three years.
4. Prior to the issuance of a zoning permit, the applicant must provide the following:
a. The plans must be revised to reflect the current ownership, correct project
address, include a complete location map, show a north arrow, and provide
a signature block for approval by the Director of Planning and Zoning.
b. The plans must be revised to show design and construction details for the
landscaped islands adjacent to paved parking area on the subject property.
C. The plans must be revised to show snow storage areas.
d. The plans must be revised to show bicycle parking with at least one bicycle
rack for employees and visitors of the subject property.
e. The plans must be revised to show that the proposed Green Ash trees will
be replaced with an equivalent species that does not occur on the Public
Works Arborist's list of undesirable species within South Burlington.
The applicant must submit cut sheet details for all exterior lighting.
g. The applicant must submit 3 sets of revised plans to the Department of
Planning and Zoning.
5. Prior to occupation of the office building, the applicant shall obtain a certificate of
occupancy/compliance from the Administrative Officer.
.- "d-
Signed this i` day of 2003, by
li et h Hoover, Director
\drb\sit\m idas\S P-03-08.fcd. doc
6