HomeMy WebLinkAboutSD-13-19 - Decision - 0462 Shelburne Road#SD-13-19
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES LLC-462 SHELBURNE ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-13-19
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking preliminary and final plat
approval for a planned unit development consisting of: 1) razing four (4) motel buildings & one (1) single
family dwelling, and 2) constructing a 31,280 sq. ft. 3-story general office building with off -site parking,
462 Shelburne Road.
The Development Review Board held public hearing on July 2 & July 16, 2013. Bob Bouchard
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
1. Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking preliminary and final plat
approval for a planned unit development consisting of: 1) razing four (4) motel buildings & one (1) single
family dwelling, and 2) constructing a 31,280 sq. ft. 3-story general office building with off -site parking,
462 Shelburne Road.
2. The owner of record of the subject property is Smart Hospitality, Inc.
3. The application was received on May 24, 2013.
4. The subject property is located in the Commercial 1— Residential 15 Zoning District.
5. The plans submitted consist of an 18 page set of plans, page one (1) entitled "Proposed Site
Redevelopment 462 Shelburne Road South Burlington Vermont 05403" prepared by Civil Engineering
Associates, Inc, dated 3/20/13 and last revised 7/12/13.
Zoning District & Dimensional Requirements
Dimensional Requirements
C1-1115 Zoning District
Required
Proposed
Min. Lot Size
40,000 SF
No change
Max. Building Coverage
40%
14.5%
Max. Overall Coverage
70%
70%
4 Front Yard Coverage (Shelburne Road)
30%
57.4%
4 Front Yard Coverage (Hadley Road)
30%
61.4%
w Min. Front Setback (Shelburne Road)
50 ft.
10 ft.
4 Min. Front Setback (Hadley Road)
30 ft.
8 ft
� Min. Side Setback
10 ft.
10 ft.
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
V Zoning Compliance
4 Zoning non-compliance. Waiver requested
The proposal results in the front yard coverages being exceeded along both Shelburne Road and Hadley
Road. The Board supports granting waivers to allow these coverages to be exceeded as doing so results
in a more urban design in an appropriately urban area of the City.
The proposal is for a commercial building in a commercial zone adjacent to a residential zone. As such,
Section 3.06(I) of the South Burlington Land Development Regulations applies:
1. Buffer Strip for Non -Residential Uses Adjacent to Residential District Boundaries.
(1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary
of a residential district, or where an existing non-residential use, structure or parking
area that is adjacent to or within fifty (50) feet of the boundary of a residential district is
proposed to be expanded, altered or enlarged, the required side or rear setback shall be
increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide within the
sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or
other plantings as a screen. New external light fixtures shall not ordinarily be permitted
within the fifteen (15) foot wide buffer area.
(2) The Development Review Board may permit new or expanded nonresidential uses,
structures and/or parking areas, and new external light fixtures, within the setback
and/or buffer as set forth in (1) above, and may approve a modification of the width of
the required setback and/or landscaped buffer as set forth in (1) above. In doing so the
DRB shall find that the proposed lighting, landscaping and/or fencing to be provided
adjacent to the boundary of the residential district will provide equivalent screening of
the noise, light and visual impacts of the new non-residential use to that which would be
provided by the standard setback and buffer requirements in (1) above. However in no
case may the required side or rear setback be reduced below the standard requirement
for the zoning district in which the non-residential use is located.
The proposed building meets the 65 foot setback as prescribed.
There are two areas that require the 15 ft. minimum width of screening: the northeast edge of the
property that abuts 5 White Place, 7 White Place, 9 White Place and 24 Hadley Road and the southeast
edge of the property that abuts 29 Hadley Road.
The screening requirement is met via a combination of shrub and tree plantings and the use of an 8 ft.
high cedar privacy fence.
With regards to lighting of the parking lot on the north side of Hadley Road, six 20 ft. pole mounted (P5-
4 type) lights are located in the interior of the lot. Two additional pole mounted (P3-4 type) lights near
the eastern edge of the lot are located just outside the 15 ft. wide strip. The proposed lighting site plan
indicates that light from these eight lights will extend approximately 20 ft. onto the abutting residential
Pa
C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
parcels.
With regards to lighting of the parking lot on the south side of Hadley Road, six 20 ft. pole mounted (135-
4 type) lights are located in the interior of the lot. Two additional pole mounted (P3-4 type) lights near
the eastern edge of the lot are located just outside the 15 ft. wide strip. The proposed lighting site plan
indicates that light from these eight lights will extend approximately 20 ft. onto the abutting residential
parcels.
The applicant indicated he would put the parking light lots on timers but the lights on the building
themselves would stay lit at night for security purposes.
The Board finds that the applicant shall put the parking light lots on timers but the lights on the building
themselves may stay lit at night for security purposes.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions 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 of the South Burlington Land Development Regulations, the existing public
water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved
by the City and the State in any subdivision where off -lot wastewater is proposed.
The City Engineer reviewed the plans and provided the following comments:
This project is located in the Englesby Brook watershed, which is listed as stormwater impaired
by the State of Vermont Agency of Natural Resources (ANR). The Vermont Department of
Environmental Conservation's (DEC) on-line permit map does not indicate that there is an
existing storm water permit for this site. The applicant should discuss this project with DEC
Stormwater Division staff and obtain confirmation that a new State stormwater permit is not
required for redevelopment of the site.
2. The plans indicate that the project will disturb greater than 1 acre of land. Therefore, this
project will need to obtain and comply with a construction stormwater permit (3-9020 or
individual permit) from the Vermont DEC Stormwater Division. Obtaining this permit should be a
condition of approval for the project.
3. The parking lot on the northern portion of the property contains Low Impact Development (LID)
design elements that will infiltrate stormwater runoff. This includes pervious pavement in the
parking stalls and curb cuts to allow water to flow into parking islands. Could similar elements
be utilized in the parking area on the southern portion of the site?
4. Consider replacing the new drainage manhole (DMH2) with a storm drain structure. Also, this
structure appears to be in the wheel track of any vehicle turning into the southern portion of the
site. Consider moving it to the east —3-5'.
3
C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
5. Drainage structures in the City ROW must have booted pipe connections.
6. Indicate where the foundation drain and roof drains for the proposed building will be
directed/connected.
7. Sheet C1.4 is the erosion control plan for the site. The northern portion of the site contains an
exit onto Shelburne Road, but there is no Stabilized Construction Entrance (SCE) at this location.
The plans should indicate how vehicles will be blocked from using this exit during construction. If
it will be utilized, it will need to have a SCE.
8. Provide a detail for curb cuts parking lot median.
9. Provide hydrologic modeling for the site so that the project's impacts on downstream drainage
structures can be evaluated.
10. The DRB should include a condition requiring the applicant to regularly maintain all storm water
treatment and conveyance structures on -site.
11. Per section 12.03.F(1) of the City's Land Development Regulations, the final decision should
require the submission of record drawings showing pipe invert elevations, drainage structure rim
elevation, pipe material, final grading, etc.
12. The final decision should require that hydrologic modeling be submitted to the Department of
Public Works so that this information can be incorporated into the City's watershed model for
Englesby Brook.
13. All proposed work on the sidewalk fronting US 7 and the US 7 road itself is in the City of
Burlington and would need their approval and applicable permits.
14. All proposed work within the Hadley Road ROW would require a ROW permit from South
Burlington Public Works.
15. The proposed sidewalk extension leading to the crosswalk needs the appropriate ADA truncated
domes and associated detail.
16. All pavement markings on Hadley Road shall be of Type/ Durable Tape.
17. There is no detail for the proposed crosswalk across Hadley Road.
18. There is no advance and location signage for the proposed crosswalk on Hadley Road.
19. All curb shall have 7" reveal.
20. All sidewalk shall be 8" thick through the proposed commercial driveways on Hadley Road.
The Board finds that the Engineer's concerns were sufficiently addressed and the plans revised
accordingly.
The sewers in this portion of the City flow to the City of Burlington. The applicant has a letter from the
City of Burlington Public Works dated 5/24/13 indicating that the City's "wastewater facility has
sufficient capacity to handle demand associated with..." 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 applicant has submitted site grading and erosion control plans as part of this application.
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.
Cl
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Access to the southern lot is proposed via a 24 foot curb cut from Hadley Road, The northern lot is accessed
via a proposed via a 24 foot access from Hadley Road. A 12 foot wide exit only and right turn only angled
curb cut is also proposed in the northwest corner of the northern parking lot into the northbound Shelburne
Road traffic lanes.
It should be noted that the northern lot as it is currently developed is accessed via two curb cuts from
Shelburne Road and one from Hadley Road. The application proposes to eliminate one curb cut from
Shelburne Road and several from Hadley Road.
The proposed use (general office) is estimated to generate 47 pm peak hour trip ends. As the existing motel
(motel) and home (single family detached housing) is estimated to generate 20 pm peak hour trip ends, this
is an increase of 27 vehicle trip ends in the pm peak hour. The applicant shall pay traffic impact fees based
on this increase.
Pursuant to Section 10.02 Traffic Overlay District, calculation of the overall allowable traffic budget for the
project is as follows: The northerly lot is 37,125 SF and its exit only curb cut is located in Traffic Overlay Zone
3. Using Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF, this lot is allowed a maximum of 45 Peak
Hour Trip Ends per 40,000 SF and therefore analysis indicates a traffic budget of 41.77 Peak Hour Trip Ends
for this lot. The southerly lot is 36,432 SF and it single entry/exit curb cut is located just outside of Traffic
Overlay Zone 1. As noted in subsection E of Section 10.02, "(i)f a parcel has one driveway in one zone and
another driveway in another zone, the zone which is more restrictive shall apply to the entire property.
Using Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF, this lot is allowed a maximum of 45 Peak
Hour Trip Ends per 40,000 SF and therefore analysis indicates a traffic budget of 40.99 Peak Hour Trip Ends
for this lot.
The Board finds the traffic budget for the property as a whole is 82.76 peak hour trip ends. This is well in
excess of the 47 trip ends the project is estimated to generate.
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, or wildlife habitat on the site. The subject property is in a dense, urban
area and is not identified on the Open Space Strategy.
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 building is compatible with surrounding and planned development patterns along the
commercial corridor of Shelburne Road. The subject property does abut a residential neighborhood. This
has been addressed elsewhere in this report.
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.
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final _ffd (1).doc
#SD-13-19
The subject lots are bordered on the east by residential properties in a residential zone. As previously
discussed, there are varying sizes of buffering proposed at this border.
The property is bordered on the south by a developed mixed commercial/multi-unit residential property
and to the north by a commercial property which may be utilized in the future with mixed residential
capacity.
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 reviewed the plan and provides the following comments:
1 have reviewed the plans for the proposed construction of the 3 story office/business project at
462 Shelburne Road. We have visited the site and have the following recommendations:
a. Compliance with all requirements of Vermont Fire and Building Safety Codes and
standards as enforced by the South Burlington Fire Marshal's Office.
b. Automatic sprinklers and alarm system as required by Vermont Fire and Building
Safety Code.
c. Fire Department Sprinkler Connection location to be specified by SBFD.
d. Fire Alarm panel and enunciator locations to be specified by SBFD.
e. Provide 24 hour per day off -site (central station) monitoring of oll fire alarm and
protection systems.
f. Provide an emergency key box(s), location to be specified by SBFD.
g. Elevator cor(s) to be sized large enough to accommodate an ambulance stretcher
in the flat position.
h. Trees, fences and floral outcroppings should be placed so as not to interfere with
the deployment of the aerial ladder, hose lines, portables ladders and other
firefighting equipment.
i. The parking area entrances and exits appear to be non -accessible to fire and
emergency apparatus. For turning radii, corners should meet the "WB 40 straight"
standard.
j. During our review, we could find no plan for addition of fire hydrants. We are
concerned about available water supply at this property. A minimum of 1 fire
hydrant should be added for this project. Placement information and further
discussion relative to needed fire flows for this project needs to occur.
At this point these seem to be the major issues which present themselves. As this project moves
forward additional items may surface which can be dealt with as needed with the assistance of the
developer and South Burlington Fire Marshal's office. Should you need any further assistance on this
project please feel free to contact me.
The Board finds that the applicant shall adhere to the comments of the Fire Chief and that with this
decision, all comments have been addressed.
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.
el
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
There is an existing sidewalk along Hadley Road and along Shelburne Road which will not be interrupted by
this proposed development.
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 Board finds that the applicant shall adhere to the comments of the City Engineer as noted above.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications shall be underground.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan
approval. Section 14.06 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.
Most of the proposed parking for the building is located on a separate lot, across a public street. The
applicant is proposing between the northern and southern lots the use of new curbing and a new 5 ft. wide
sidewalk and crosswalk centered on an existing speed table.
The Board finds that this will facilitate safe pedestrian access.
Based on 31,280 square feet of general office use, the proposed building will require 110 parking spaces.
117 spaces are proposed: 45 spaces are provided on site and 72 are provided across the street in the
adjacent lot. These are within the 800 linear feet specified in the Land Development Regulations. The plans
show 18 foot long spaces with 24 foot access aisles.
Chapter 14.06 of the South Burlington Land Development Regulations states the following:
Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building
facing a public street shall be considered a front side of a building for the
purposes of this subsection.
(b) The Development Review Board may approve parking between a public street
and one or more buildings if the Board finds that one or more of the following
criteria are met. The Board shall approve only the minimum necessary to
overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the
Americans with Disabilities Act,
(ii) The parking area will serve a single or two-family home;
7
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
(iii) The lot has unique site conditions such as a utility easement or unstable
soils that allow for parking, but not a building, to be located adjacent to
the public street,
(iv) The lot contains one or more existing buildings that are to be re -used and
parking needs cannot be accommodated to the rear and sides of the
existing building(s); or,
(u) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width of
all parking areas located to the side of building(s) at the building line shall not
exceed one half of the width of all building(s) located at the building line.
Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this
subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the
front of the building adjacent to the public street with the lowest average daily
volume of traffic. Where a lot abuts an Interstate or its interchanges, parking
shall be located to the side of the building(s) or to the front adjacent to the
Interstate. Parking areas adjacent to the Interstate shall be screened with
sufficient landscaping to screen the parking from view of the Interstate.
The Board finds that the proposed parking is in compliance with these standards.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents,
and visitors to the site. A bicycle rack is shown on the plans.
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.
The scale of the proposed building is compatible with the site and existing buildings in the area. The height
of the proposed building is 45', which is above the 35' height maximum for flat roof buildings. Therefore,
the applicant is seeking a height waiver of 10 feet.
The Board grants the applicant's request for a height waiver of 10 feet.
Newly installed utility services and service modifications necessitated by exterior alterations or building
expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications 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.
C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
The applicant has submitted architectural renderings. The Board finds that the design is consistent with
other buildings in the area.
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.
The applicant has submitted architectural renderings. The Board finds that the design is consistent with
other buildings in the area.
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:
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 issue of the connection between this property and the lot to the north and south is discussed above. No
stockade fencing is proposed adjacent to the south edge of the proposed new commercial building, nor
along the property line abutting 430 Shelburne Road, 5 White Place, and 12 Bacon Street. No fencing is
proposed along the south edge of the landscaped path area abutting 20 Bacon Street. The Board finds that
these measures should facilitate pedestrian access.
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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications 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 plans show a proposed dumpster, adequately screened.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be
required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development
Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and
other plants including ground covers.
Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown
on the plans. The plans detail snow storage areas for the subject property.
0
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the SBLDR. The
landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape
designer.
The applicant submitted a landscape plan and budget totaling $46,428. Based on estimated project costs,
the minimum requirement is $30,960 and is being met.
The proposed parking areas contain more than twenty (20) parking spaces, and therefore should be
landscaped in accordance with Section 13.06(B) of the Land Development Regulations.
The site plan shows proposed landscaping on the interior and exterior of the proposed parking area on the
northern lot and a heavily landscaped area on the eastern edge of the proposed southerly parking lot. The
applicant presented an analysis showing that the northern lot contained 8.5% of its area landscaped (below
the 10% minimum required in Section 13.06(B) (2)) while the southerly lot was 20.9% with a total of 13.1%
for both lots combined.
The Board found that the minimum interior landscaping requirement is being met given that the
landscaping for both lots combined is greater than 10% and that the intention of the standard is met. In
addition, it is the Board's position that the two (2) adjacent parking areas function for all practical purposes
as one- given their proximity and the linkages between them- and therefore appropriate to average the two
(2) percentages.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more
than 30' above ground level and the maximum illumination at ground level shall not exceed an average
of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect
glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an
average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
The applicant has submitted a lighting point by point plan and lighting cut -sheets which are in full
compliance with the Land Development Regulations.
Traffic
Based on the ITE Trip Generation Manual, the proposed project is estimated to generate twenty-seven
(27) additional vehicle trip ends during the PM peak hour.
DECISION
The Development Review Board approves preliminary and final plat application #SD-13-19 of Pizzagalli
Properties LLC, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
E
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
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 applicant shall obtain final wastewater allocation from the City of Burlington, if needed, prior to
issuance of a zoning permit.
4. The proposed project shall adhere to standards for erosion control asset 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.
5. The recommendations of the Fire Chief must be met to his satisfaction prior to issuance of a Certificate
of Occupancy.
6. The recommendations of the City Engineer must be met to his satisfaction prior to issuance of a
Certificate of Occupancy.
7. The Board grants a 40 ft. setback waiver from Shelburne Road and a 22 ft. setback waiver from Hadley
Road.
8. The Board grants waivers from the front yard coverage requirement of 30% to allow front yard
coverage of 57.4% along Shelburne Road and 61.4% front yard coverage along Hadley Road.
9. The project disturbs greater than 1 acre of land and will need a construction stormwater permit
from ANR. The applicant shall submit a copy of this permit to the City upon issuance.
10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
11. The applicant shall put the parking light lots on timers but the lights on the building themselves may
stay lit at night for security purposes.
12. The Board grants the applicant's request for a height waiver of 10 feet for a total building height of 45
feet.
13. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
14. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use
or occupancy of the building.
15. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Development Review Board estimates that the change in use will generate 27 additional vehicle
trip ends during the P.M. peak hour.
16. The final plat 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 shall be submitted to the
Administrative Officer prior to recording the final plat plan.
C:\Users\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
a. The plans shall be revised to show one (1) additional fire hydrant to be located at the
southeast corner of the project.
17. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
18. Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more
than 30' above ground level and the maximum illumination at ground level shall not exceed an
average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development
Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles
maximum, and an average of 0.1 foot candles average. All lighting shall be shielded and downcast.
19. The final plat plans (survey plat & sheet C1.2) 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 South Burlington
GIS Coordinator.
20. Prior to the issuance of the zoning permit, the applicant shall provide a complete set of approved
plans in a digital format as one (1) PDF format file.
21. The mylar shall be recorded prior to permit issuance.
22. Prior to permit issuance, the applicant shall post a $30,960 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
of survival.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo—
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons--
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Jennifer Smith --
yea
nay
abstain
not present
Application approved by a vote of 4 — 0 —1 .
Signed this 6ch day of August 2013, by
Digitally signed by Mark C. eehr
Mark C. B e h r DN c=mark C. bpc.coBehr, o, ,
email=mark@rhbpccom, -US
Date: 2013.08.06 07:02:15-04'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
A
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc
#SD-13-19
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontoudiciary.org/GTC/environmental/defauIt.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
13
CAUsers\Mark\Documents\South Burlington DRB\7.16.13 Meeting
Decisions\SD_13_19_462ShelburneRoad_Pizzagalli_prelim_and_final_ffd (1).doc