HomeMy WebLinkAboutSP-97-0000 - Decision - 0007 0005 Aspen DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT 0000
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Dorset Land Company to amend
a previously approved planned unit development consisting of 88,740
square feet of medical and general office use and a 124 unit
nursing/convalescent home, 421 Dorset Street. The amendment
consists of: 1) constructing a 79 unit extended stay hotel
building in place of a 48,000 square foot medical/general office
building (building "B"), and 2) converting building "A" from
medical/general office use to all general office use.
On the 28th day of January, 1997, the South Burlington Planning
Commission approved the request of Dorset Land Company for revised
final plat approval under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of amending a previously approved planned
unit development consisting of 88,740 square feet of medical and
general office use and 124 units of congregate housing. The
amendment is to substitute a 79 unit extended stay hotel building
in the place of a 49,440 square foot medical and general office
building (building "B"). The building would also include meeting
space and a business center. The preliminary plat was approved on
11/26/96. The ZBA on November 25, 1996 approved a request from the
applicant for a conditional use permit for the extended stay hotel.
Also approved was the request under Section 29.007 of the zoning
regulations to extend the regulations for the CD3 District 50 feet
beyond the district line into the R7 District on lot #2.
2. During preparation of a Parking Management Plan, the applicant
discovered that there are not enough strategically located parking
spaces on the property for the extended stay hotel and
medical/general office building. In order to reduce the parking
requirement, the applicant is proposing to convert building "A"
from medical/general office use to all general office use.
3. This property located at 421 Dorset Street lies within the CD3
and R-7 Districts. It is bounded on the south by a multi -family
residential development and GMP sub -station, on the east by Dorset
Street, on the north by Sherry Road and some residences and on the
west by Oakwood Drive and some residences.
4. Access/circulation: Access will be provided via two (2) curb
cuts on the east side of Aspen Drive to service the building and
one (1) curb cut on the west side to serve a parking lot.
Circulation on the site is adequate.
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5. Coverage/setbacks: CD3 District (excluding proposed public
street): Building coverage is 27.2% (maximum allowed is 40%).
Overall coverage is 57.5 (maximum allowed is 90%). R7 District:
Building coverage is 20 % (maximum allowed is 25%). Overall
coverage is 45.6% (maximum allowed is 60%).
6. Setback requirements are not being met. A portion of the
building does not comply with the building setback/envelope
requirements provided in Section 14.402(c) of the zoning
regulations. The Planning Commission under Section 14.606 of the
zoning regulations may modify the setback requirements where
limitations of a site may cause unusual hardship. The applicant
submitted a statement justifying the setback modification. The
primary difficulty with complying with the setback requirements
cited by the applicant is due to the small size of the block.
Staff agrees with this argument. The project as designed complies
with the general intent and goals of the City Center plan. The
Commission modified this requirement as part of the preliminary
plat approval.
7. The four (4) foot wide covered walkway on lots #2 and 4 does
not meet the setback requirements for the R7 District. The
Commission may modify this setback requirement under Section 10.404
of the zoning regulations.
8. Parking: The extended stay hotel requires a total of 95 spaces
and 89 spaces are proposed. The entire project, including the
extended stay hotel, requires a total of 307 spaces and the plan
indicates that 340 spaces are available. Staff counted the spaces
and f inds that the plan is three (3) spaces short of the 340
spaces. The plan was revised before the meeting to add the missing
spaces. A bike rack is being provided for the extended stay hotel
as required under Section 26.253(b) of the zoning regulations.
9. Preliminary plat condition #11 required the applicant to
prepare a parking management plan which identifies the designated
parking spaces for each of the various uses and buildings in the
PUD. This document was submitted. The applicant is requesting
that 6 spaces required for the extended stay hotel be shared with
the adjacent general office building. This should not be a problem
since the peak parking time for the hotel is at night and the peak
for the office during the day. The "Parking Easement Agreement"
document should be approved by the City Attorney and recorded in
the land records prior to issuance of a permit for the extended
stay hotel.
10. Sewer: The additional sewer allocation requested is 5079 gpd.
This will result in a total sewer allocation of 33,592 gpd. The
applicant will be required to pay the per gallon fee prior to
permit issuance.
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11. Traf f ic: An updated traffic analysis was submitted. This
study concludes that "the 80 room hotel, which will replace a
48,300 square foot medical/general office building, will result in
a net reduction in trips generated at the site by approximately 25%
to 35%.11
12. Based on the new projected trip generation, the required
traffic mitigation fee for the entire P.U.D. will be reduced from
$46,293 to $26,608.
13. Floor Area Ratio (F.A.R.): The F.A.R. for the area of the
project zoned CD3 (including the additional area approved by the
ZBA) is being reduced from 0.72 to 0.71 (maximum allowed is 0.5).
An F.A.R. of up to 0.7 may be permitted as a bonus for the
provision of additional public space or amenities. The Planning
Commission determined in the previous approval that a new City
street was an additional amenity and granted an F.A.R. of 0.72. An
F.A.R. of 0.72 was approved because at that time the regulations
allowed an F.A.R. of up to 1.2 as a bonus. The regulations have
since been amended to now only allow a maximum of 0.7 as a bonus.
The applicant is therefore "grandfathered" at 0.72.
14. Landscaping: The landscaping plan (sheet SP2) was revised to
reflect the landscaping for the Pines approved by the Commission on
5/14/96 as required by the preliminary plat approval. The minimum
landscaping requirement, based on the revised building costs, is
$111,011 which is not being met. Proposed landscaping is $19,890
short of this requirement. The Commission previously approved
landscaping credits of $17,999 on 5/14/96 and $19,742 on 10/24/95.
15. The landscaping plan has been revised to incorporate the
preliminary plat conditions requiring additional landscaping near
the parking lot on lot #2 to screen the parking lot from the
residences and a fence near the parking lot on lot #2.
16. Building height: The proposed building will meet the height
requirements of Section 14.403(c) of the zoning regulations which
requires a maximum height of 25 feet to the eave and 45 feet to the
roof peak.
17. Other:
--- the applicant is required to complete construction of the
Sherry Road improvements prior to occupancy of the proposed
building or building "A" (condition #3 of the 7/12/94
approval).
a five (5) foot covered walkway is proposed within the Aspen
Drive r.o.w. Approval to place this structure within the
r.o.w. should be obtained from the City Council.
--- staff recommended that the applicant install a bus shelter on
Dorset Street in a location approved by CCTA.
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DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the f inal plat application of Dorset Land
Company to amend a previously approved planned unit development
consisting of 88,740 square feet of medical and general office use
and a 124 unit nursing/convalescent home, 421 Dorset Street. The
amendment consists of: 1) constructing a 79 unit extended stay
hotel building in place of a 48,000 square foot medical/general
office building (building "B") , and 2) converting building "A" from
medical/general office use to all general office use, as depicted
on a four (4) page set of plans, page one (1) entitled, "Dorset
Land Company Dorset Street South Burlington, VT.," prepared by
Trudell Consulting Engineers, Inc, dated 9/12/96, last revised
1/15/97, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Pursuant to Section 14.606 of the zoning regulations, the
Planning Commission modifies the building setback/envelope
requirements provided in Section 14.402(c) of the zoning
regulations. The Commission finds that the limitation of the site
caused by the small city block (207'x 224') formed by Sherry Road,
Aspen Drive and Dorset Street causes an unusual hardship.
3. The Planning Commission approves an additional sewer allocation
of 5079 gpd. The applicant will be required to pay the per gallon
fee prior to permit issuance.
4. Any new exterior lighting shall be downcasting shielded
fixtures so as not to cast light beyond the property line. Any
change in lighting shall be approved by the City Planner prior to
installation. Prior to issuance of a zoning permit, the applicant
shall submit for review and approval by the City Planner details of
all building mounted lighting fixtures.
5. Prior to issuance of any more zoning permits for this PUD, the
applicant shall record in the land records a "Notice of Condition",
or other appropriate document, which references the "421 Dorset
Street Parking Management Plan" which is hereby approved by the
Commission. The parking management plan shall be revised prior to
recording to correctly reference the most recent approved plans for
this PUD.
6. In an ef f ort to mitigate potential adverse traf f ic impacts, the
following shall be required:
a) Applicant shall contribute an amount equal to 1.9% of the
City's share of constructing a new northbound on -ramp at Exit
13, not to exceed $3,691. Contribution shall be made prior to
issuance of a zoning permit and may be phased in on a schedule
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accepted by the City Planner. Until such time as the City's
share is finalized, applicant's contribution shall be based on
the maximum $3,691 contribution. When the City's share is
finalized and it is determined that the applicant has
contributed more than 1.9% of the City's share, the City shall
reimburse the applicant for the overpayment.
b) Applicant shall contribute $9,463 to the Williston Road
Area I Improvement Fund based on the P.M. peak hour trip ends
estimated to be generated by the project. The contribution
shall be made prior to issuance of a zoning permit and may be
phased in on a schedule accepted by the City Planner.
c) Applicant shall contribute $13,454 towards the cost of
installing and optimizing the timing of a new traffic signal
at the project access/Dorset Street intersection. This
contribution shall be made prior to issuance of a zoning
permit and may be phased in on a schedule accepted by the City
Planner. If the signal is installed prior to issuance of
permits, then the applicant shall pay the remainder owed at
time of application for the next phase of development.
7. The Planning Commission approves a landscaping credit of
$19,890 pursuant to Section 26.105(a) of the zoning regulations.
B. Approval to construct the covered walkway within the Aspen
Drive r.o.w. must be obtained from the City Council prior to
issuance of a permit for the covered walkway.
9. The applicant shall be responsible for constructing a bus
shelter within the PUD in a location approved by CCTA. Prior to
issuance of a zoning permit for the extended stay hotel, the
applicant shall submit a revised plan showing the proposed location
and design of the bus shelter. If the City, CCTA and applicant
cannot find and/or agree on an appropriate location for a bus
shelter, the applicant shall return to the Commission for a final
decision regarding the provision of a bus shelter. If a bus
shelter is constructed, it shall be constructed prior to occupancy
of the extended stay hotel.
10. The applicant shall construct Aspen Drive to City standards
and complete the required improvements to Sherry Road prior to
occupancy of the extended stay hotel.
11. Prior to start of construction of the improvements described
in condition #10 above, the applicant shall post a bond which
covers the cost of said improvements.
12. 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
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developer shall submit to the City Engineer, "as -built"
construction drawings certified by a registered engineer.
13. Any changes to the plat plans shall require approval by the
South Burlington Planning Commission.
14. The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to use
of the extended stay hotel.
15. The final plat plans (i.e., subdivision plat, Sheets SP1 and
SP3) shall be recorded in the land records within 90 days or this
approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording. The plans
shall be recorded prior to issuance of a zoning permit.
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South Burlington Planning Commission
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