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HomeMy WebLinkAboutSP-97-0000 - Decision - 0007 0005 Aspen Drive (2)FINDINGS OF FACT & DECISION STATE OF VERMONT 77, 0000 COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Green Mountain Development Group, Inc. to amend a previously approved planned unit development consisting of a 39,300 square foot general office building (Building A), a 124 unit congregate housing facility, and a 79 unit extended stay hotel. The amendment consists of: 1) resubdividing lots #3 and 4, 2) reducing the size of the general office building from 39,300 square feet to 21,750 square feet, 3) constructing a 60 unit congregate housing facility, and 4) subdividing lot #4 into two lots of 5.42 acres and 0.7 acres, 421 Dorset Street. On the 25th day of March, 1997, the South Burlington Planning Commission approved the request of Green Mountain Development Group, Inc. 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 a 39,300 square foot general office building (building "A") , a 124 unit congregate housing facility, and a 79 unit extended stay hotel. The amendment consists of: 1) resubdividing lots #3 and 4, 2) reducing the size of the general office building from 39,300 square feet to 21,750 square feet, 3) constructing a 60 unit congregate housing facility, and 4) subdividing lot #4 into two (2) lots of 5.42 acres and 0.7 acres. The ZBA on 1/27/97 granted the applicant a conditional use permit for the proposed building and to extend the regulations for the R7 District 50 feet beyond the district line into the CD3 District, and a variance to allow a portion of the building to exceed the 45 foot height limit by seven (7) feet. The sketch plan was reviewed on 2/11/97. 2. This property located at 421 Dorset Street lies within the CD3 and R7 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. 3. Access/circulation: Access to the proposed building would be via an existing driveway on Aspen Drive which currently serves the 124 unit congregate housing facility. Circulation on the site is adequate. 4. Coverage/ setbacks: CD3 District (adjusted) : Building coverage is 26.1% (maximum allowed is 40%). Overall coverage is 60.1% (maximum allowed is 90%). R7 District (adjusted): Building coverage is 12.9% (maximum allowed is 25%). overall coverage is 37.5% (maximum allowed is 60%). 5. Proposed building "4d" does not meet the setback requirements for the R7 District. The Planning Commission can waive the setback requirements pursuant to Section 10.404 of the zoning regulations. 6. Parking: Proposed building "4d" requires 32 spaces and 47 under ground spaces will be provided. The entire PUD requires a total of 322 spaces and 320 spaces are available. This is a 2 space or 0.6% shortfall. The planning data on sheet SP1 should be corrected to note the correct number of parking spaces proposed. 7. In total, there is a sufficient number of spaces to serve the PUD. However, because of the design of the development and because of lease/ownership agreements, not all spaces in the PUD will be available to all uses in the PUD. 174 spaces are being allocated to the Pines (140 required), 89 spaces to the hotel (95 required) and 57 spaces to the office building (87 required). The applicant is proposing a shared parking arrangement for the hotel and office building. The analysis indicates that there are a sufficient number of parking spaces allocated to the hotel and office building since they have different peak parking periods. It should be noted that during peak periods for the office building, roughly 40% of the parkers would be required to park in the hotel lot which is 350 feet away. Staff was less concerned with this distance than if the use were retail. Since most office parkers are employees, they could be instructed to park in the hotel lot during the day. 8. An updated parking management plan should be submitted. 9. The two parking spaces located along the Aspen Drive sidewalk behind the office building should be relocated to the south end of the parking lot in order to provide a small buffer between parking lot and public sidewalk. 10. Sewer: The additional sewer allocation need is 5,317 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 11. Traf f ic: A trip generation assessment for the project was submitted. The assessment indicates that replacing a 39,300 square foot general/medical office building with a 26,750 square foot general office and a 60 unit congregate care facility would reduce trips generated at the site by approximately 31% to 35%. 12. Floor Area Ratio (F.A.R.): The F.A.R. for the area of the project zoned CD3 (including the zoning boundary adjustments made F I by the ZBA), is 0.66 (maximum allowed by standard is 0.7) 13. Landscaping: The minimum landscaping requirement, based on building costs for the entire development, is $124,211 which is not being met. Proposed landscaping is $28,091 short of the requirement. A $19,890 landscape credit was approved on 1/28/97. 14. Building height: A portion of proposed building 114d" will exceed the 45 foot height limit by seven (7) feet. The ZBA on 1/27/97 granted the applicant a variance to exceed the height limitation. 15. Bus shelter: At the sketch plan review, the Commission indica ed that they wanted the developer to incorporate a bus shelter in the development. Since that meeting, staff met with CCTA and it was recommended that the best location for a bus shelter would be on Aspen Drive near the entrance to the Pines. This would require a bus traveling south on Dorset Street to turn right onto Sherry Road, left onto Aspen Drive, left toward Dorset Street, and then turn right to continue south on Dorset Street. This additional loop would cost $1,300 a year to provide. 16. The Council discussed this issue at their meeting of March 17. They expressed support for a bus shelter but appeared to be concerned with the additional cost at a time when the City is negotiating with CCTA to reduce costs. It appears that the City will not be willing to pay this additional cost. Therefore, it appears that the only two options are: 1) the developer pay the additional annual cost to directly serve Aspen Drive with a bus, or 2) locate the bus shelter on Dorset Street in front of the office building. 17. Lighting: Exterior lights will be the same as previously approved for the earlier phases of the development. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Green Mountain Development Group, Inc. to amend a previously approved planned unit development consisting of a 39,300 square foot general office building (Building A), a 124 unit congregate housing facility, and a 79 unit extended stay hotel. The amendment consists of: 1) resubdividing lots #3 and 4, 2) reducing the size of the general office building from 39,300 square feet to 21,750 square feet, 3) constructing a 60 unit congregate housing facility, and 4) subdividing lot #4 into two lots of 5.42 acres and 0.7 acres, 421 Dorset Street, as depicted on a five (5) page set of plans, page one (1) entitled, "Dorset Land Co., Inc. Dorset Street So. Burlington, VT. Subdivision Plat," prepared by Trudell Consulting Engineers, Inc, dated 6/20/94, last revised 12/18/96, with the following stipulations: R 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 10.404 of the zoning regulations, the Planning Commission modifies the setback requirements for building '14d" as shown on the approved plan. 3. The Planning Commission approves an additional sewer allocation of 5,317 gpd. The applicant shall pay the per gallon fee prior to issuance of a zoning permit. 4. Any new exterior lighting shall consists of 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 final wording of the parking managment plan shall be approved by the City Attorney prior to recording said document. 6. The Planning Commission approves a landscaping credit of $28,091 pursuant to Section 26.105(a) of the zoning regulations. 7. The applicant shall be responsible for constructing a bus shelter within the PUD in a location approved by the City and CCTA. Prior to issuance of a zoning permit for building 114d,11 building "A" or 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, building "A" or building "4d". 8. The final plat plans shall be revised to show the changes below and shall require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to recording. a) The planning data on sheet SP1 shall be revised to note the correct number of parking spaces provided. b) The plans shall be revised to relocate or eliminate the two (2) parking spaces located along the Aspen Drive sidewalk behind the office building in order to provide a small landscaped buffer between parking lot and public street. 4 9. Entrance drives shall have a depressed concrete curb with a 11, inch reveal to control street drainage. 10. In an effort to mitigate potential adverse traffic impacts, the following shall be required: a) Applicant shall contribute an amount equal to 1.4% of the City's share of constructing a new northbound on -ramp at Exit 13, not to exceed $2,819. Contribution shall be made prior to issuance of a zoning permit and may be phased in on a schedule accepted by the City Planner. Until such time as the City's share is finalized, applicant's contribution shall be based on the maximum $2,819 contribution. When the City's share is finalized and it is determined that the applicant has contributed more than 1.4% of the City's share, the City shall reimburse the applicant for the overpayment. b) Applicant shall contribute $6,951 to the Williston Road Area 1 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 $10,275 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 siginal 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. 11. Any changes to the plat plans shall require approval by the South Burlington Planning Commission. 12. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of building "4d", building "A", or the extended stay hotel. 13. 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. ChairmAn or tlerk South Burlington Planning Commission Date 5