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HomeMy WebLinkAboutSD-06-93 - Decision - 0080 Midas Drive#SD-06-93 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING EIGHTY MIDAS DRIVE, LLC — PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-06-93 FINDINGS OF FACT AND DECISION Eighty Midas Drive LLC, hereafter referred to as the applicant, is seeking final plat re - approval for a planned unit development consisting of: 1) razing a 2526 sq. ft. general office building, and 2) constructing a 3-story, 8,480 square ft. general office building, including a drive-in bank, 80 Midas Drive. The Development Review Board held a public hearing on November 21, 2006. Tom Crapo represented the applicant . This application is for a simple re -approval of the above -referenced PUD which was originally approved by the Development Review Board on April 19, 2006. The applicant failed to record the mylar in the statutory limitation and therefore re -approval is necessary. No substantial changes to the regulations or to the site have occurred which would result in any changes to the original approval. 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 1. The applicant is seeking final plat re -approval for a planned unit development consisting of: 1) razing a 2526 sq. ft. general office building, and 2) constructing a 3-story, 8,480 square ft. general office building, including a drive-in bank, 80 Midas Drive. 2. The applicant received preliminary plat approval on November 15, 2005. 3. The original final plat approval was granted on April 19, 2006. 4. The City placed this property in violation of the zoning regulations on April 28, 2005 for having cleared all the trees and vegetation at the rear of the building without approval from the Development Review Board and without a zoning permit. This violation continues. 5. The subject property is located in the Commercial 1-Residential 12 (C1-R12) Zoning District. 6. The owner of record of the subject property is Eighty Midas Drive, LLC. 7. The plans submitted with this application consists of a 12 page set of plans, page one (1) entitled, "Plat of Survey 80 Midas Drive LLC South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated March 24, 2006. - 1 - #SD-06-93 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements C1 Zoning District Required: Proposed 4 Min. Lot Size 40,000 S.F. 23,739 S.F 4 Max. Building Coverage 40% 12.7% �l Max. Overall Coverage 70% 67.8% Max. Front Yard Coverage (Midas Drive) 30% 30% �1 Max. Front Yard Coverage (City of South Burlington Easement 30% 30% Min. Front Setback Midas Drive 30 ft. 30 ft. Min. Front Setback (City of South Burlington Easement 30 ft. >30 ft. �l Min. Side Setback 10 ft. >10 ft. ♦ Max. Building Height 35 ft. 44.6 ft. zoning compliance + pre-existing noncompliance ♦ waiver required PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. Pursuant to Section 15.13(B) (1), municipal water service must be extended to serve the proposed development. The South Burlington Water Department has reviewed the sketch plan and provided comments in a letter dated September 29, 2005. The applicant received final water allocation approval from the South Burlington Water Department on March 7, 2006. (b) 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. -2- #SD-06-93 The applicant 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. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed project will have two different curb cuts. The only ingress point is proposed via a two-way, 24 ft. curb -cut off of Midas Drive for ingress and egress into the main parking lot. It is proposed to go around the building and exit through a second curb cut onto Midas Drive; it is 12 ft. in width and is egress only. The applicant is proposing two (2) drive -through lanes of banking, 9 feet in width. The South Burlington Fire Department has reviewed the circulation plan and determined that the turning radii are appropriate to fit fire rescue vehicles. He has provided comments in a letter dated April 14, 2006. Furthermore, according to the ITE Trip Generation Manual, the proposed project will generate 125.48 vte's during the p.m. peak hour. This is an increase of 83.61 vehicle trip ends per hour over the existing traffic generation of 41.87 vte's. (d) 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. There are no wetlands, streams, wildlife habitat, or unique natural features on the site. (e) 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. The proposed development is in keeping with the goals for development within the Commercial 1 (Cl) Zoning District, as set forth in Section 5.01 of the SBLDR. (t) 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 subject property is relatively small and cannot provide significant open space. The non -paved portions of the property are located in an acceptable manner. (g) 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. It has already been noted that the Fire Chief has reviewed the plans with the applicant. (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the -3- #SD-06-93 extension of such services and infrastructure to adjacent landowners. The plans reflect that the sidewalk along Midas Drive will continue to the southern access. This is appropriate. (i) 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 has submitted a site lighting plan and lighting cut sheets. The proposed lighting is in compliance with the requirements of Section A.10 of the Performance Standards. The City Engineer reviewed the plans and provided comments in the most recent memorandum dated April 13, 2006. Q) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). In general, staff believes that the project is consistent with the goals and objectives of the Comprehensive Plan. Per Section 5.01 of the SBLDR, all applications for a drive -through facility shall be subject to conditional use review and the following restrictions: (a) Compliance with Traffic Overlay District Provisions, if applicable; The proposed project falls outside of the traffic overlay district. (b) Compliance with an approved access management plan, providing for curb cut consolidation and secondary access; The access management plan appears sufficient with respect to curb cuts. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. The applicant had submitted comments from a traffic consultant addressing this criterion. The proposal stacking lane length is adequate per the March 22, 2006 memo from Joe Segale of RSG Inc. Again, the proposal shall be evaluated for conditional use review a. the capacity of municipal or educational facilities This project will not adversely impact this criterion b. the planned character of the neighborhood This project will not adversely impact this criterion c. traffic on roadways and highways in the vicinity -4- #SD-06-93 As previously noted, this proposal is projected to generate a significant increase in the vte's of the lot; however this will not have a net adverse effect. d. bylaws in effect This proposal is in compliance with the bylaws. e. utilization of renewable energy resources This project will not adversely impact this criterion Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: SITE PLAN REVIEW STANDARDS (a) 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. According to Table 13-1 of the SBLDR, a drive -through bank requires 5.8 parking spaces for every 1,000 SF of gross floor area (GFA) while the general office space requires 3.5 spaces per 1,000 SF GFA. Thus, the proposal will require a total of 36 parking spaces. The applicant is proposing thirty-one (31) on site parking spaces. This is a shortfall of 5 spaces, or 13.9%. The Board supports this parking waiver. The plan includes two (2) handicapped spaces, meeting the criterion for such. At the preliminary plat hearing, the Development Review Board suggested a condition that requires all customers and employees to park on site. The Development Review Board is concerned that if parking becomes limited, employees and customers may park in lots belonging to adjacent businesses. This should be avoided with all possible precautions. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. The site plan depicts a bicycle rack in an appropriate location. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. As this property has frontage on Midas Drive and a potential future road, there is no true rear of the building. Therefore, the proposed parking spaces are located in an acceptable manner, provided that the applicant provides extensive landscaping to serve as a buffer between the proposed parking and the planned city road to the north. The Director's memo dated November 9, 2005 also addresses this concern. (c) 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. -5- #SD-06-93 The proposed bank building appears to be of similar scale to existing buildings within the C1 District in this vicinity. The height of the proposed building is greater than the as -of -right 35 ft height limit for flat -roofed buildings. With the rooftop apparatus included, the height of the building will be 44.6 ft. The applicant is requesting a height waiver of 9.6 feet. The Board supports this waiver, especially since this building is adjacent to the Central District where taller heights are encouraged. (d) 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 noted that any new utility lines shall be underground- (e) 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. The applicant has submitted revised elevations showing all four facades of the building. These revised plans are a vast improvement over prior submittals. The plans now show aesthetically pleasing front facades for the north and east elevations, and harmonious facades for all sides. Attractive and well-defined entrances are shown from each public roadway. This plan meets this criterion. (f) 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. Again, the applicant has submitted revised elevations. These are a vast improvement over previous plans. The applicant has sufficiently addressed the appearance of the building from all four sides. The new door on the east side of the building is appropriate for one facing an existing public road. The entrance that presents on the planned city road is also well -designed and aesthetically pleasing from the public right of way. The applicant has also addressed previous concerns regarding the materials and colors used on the western fapade, above the drive -through lane. The Board supports all of these visual changes, finds them to be in compliance with the regulations, and is pleased with the fagade as an entry way to the city center. 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 proposed 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 -6- #SD-06-93 in the area. No additional reservation of land shall be required for this application. (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. It has already been indicated that utility lines must be underground. (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). The plans depict the location of a screened dumpster. Landscaping The applicant has submitted a revised landscaping plan. This plan has been reviewed by the City Arborist who provided comments in a memo dated April 4, 2006. The minimum landscaping requirement, based on building costs, is $22,220. The applicant has submitted a landscape budget with the revised landscaping plan that meets the minimum requirement. As noted at sketch plan review, the applicant is currently in violation for removing trees from the property without approval. Therefore, the applicant has proposed a street tree, valued at $2,100 to account for the previous removal of trees. 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. The proposed snow storage areas are adequate. The applicant has noted that during larger snowstorms, snow will be transported off -site. Other The applicant is actively working with staff on the phasing of building and demolition on this site. At this time, and because this is a matter of Administrative Officer approval of compliance, this is not an issue that the Development Review Board needs to address further. Section 13.09(E)(3) of the Land Development Regulations require the posting of a two-year bond for the cost of removing the existing building. -7- #S D-06-93 DECISION Motion by CAM17 h4� seconded by &1 C to approve final pl t application #S -06-93 of Eighty Midas Drive, LLC., subject 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording. a) The plans shall be revised to comply with the stipulations of the City Arborist in a memo dated April 4, 2006. b) The plans shall be revised to depict relocated underground electric supply and new transformer with appropriate landscaping. 4) The applicant shall comply with the requests of the South Burlington Water Department as outlined in a letter dated September 29, 2005. 5) The applicant shall comply with the request of the South Burlington Fire Chief as outlined in his letter dated April 14, 2006. 6) The applicant shall comply with the requests of the City Engineer as outlined in a memorandum dated April 13, 2006. 7) The applicant shall comply with the requests of the City Arborist, as outlined in a memo dated April 4, 2006, 8) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 9) The applicant 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. 10) The Development Review Board grants the applicant a five (5) space or 13.9% parking waiver, for a total of 31 spaces provided. 11) Employees and customers shall be required to park on site. 12) Prior to permit issuance, the applicant shall post a two-year bond for the cost of demolishing and removing the existing building. #SD-06-93 13) The applicant shall post a $22,500 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance at survival. 14) Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 15) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new building and it's associated uses will generate 83.61 additional vehicle trip ends during the P.M. peak hour. 16) The Board grants the applicant a 9.6' height waiver for a maximum height of 44.6 feet. 17) Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 18) The final plat plan (survey plat & sheet Cl) shall be recorded in the land records 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 — P /nay/abstain/not present Matthew Birmingham —6W/nay/abstain/not present John Dinklage -0/nay/abstain/not present Roger Farley — /nay/abstain/not present Eric Knudsen — nay/abstain/not present Peter Plumeau —/nay/abstain/not present Gayle Quimby — g;nay/abstain/not present Motion carried by a vote of 1- d v Signed this i day of 2006, by John Dinklage, Chair 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).