HomeMy WebLinkAboutSP-96-0000 - Decision - 0007 0005 Aspen DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT 96 oboO
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 constructing an 80 unit extended stay hotel building in
place of a 49,440 square foot medical/general office building
(building "B").
On the 26th day of November, 1996, the South Burlington Planning
Commission approved the request of Dorset Land Company for
preliminary plat approval under Section 203 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 a 124 unit nursing/convalescent home. The
amendment is to substitute an 80 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 sketch plan was reviewed on
8/27/96. The ZBA on November 25, 1996 considered a request from
the applicant for a conditional use permit for the extended stay
hotel. Also requested was approval 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. The ZBA did
not render a decision at that meeting.
2. 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.
3. 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.
4. Coverage/setbacks: CD3 District (excluding proposed public
street): Building coverage is 30% (maximum allowed is 40%).
Overall coverage is 60% (maximum allowed is 90%). R7 District:
Building coverage is 13.4% (maximum allowed is 25%). Overall
coverage is 31.5% (maximum allowed is 60%). This coverage
information will change if the ZBA approves extending the CD3
District boundary line into the R7 District.
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5. 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 agreed with this argument. The project as designed complies
with the general intent and goals of the City Center plan.
6. Parking: The extended stay hotel requires a total of 97 spaces
and 85 spaces are proposed. The entire project, including the
extended stay hotel, requires a total of 324 spaces and 442 spaces
are available. A bike rack is being provided for the extended stay
hotel as required under Section 26.253(b) of the zoning
regulations.
7. The parking area on lot #2 has been modified since sketch plan
to meet the requirement for a 15 foot green strip along the road
frontage.
8. Sewer: The additional sewer allocation requested is 5319 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.
9. Traffic: 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%."
10. Floor Area Ratio (F.A.R.): The F.A.R. for the area of the
project zoned CD3 is increasing from 0.72 to 0.8 (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. Since the F.A.R. is proposed to be increased to 0.8 which is
not permitted, the applicant is requesting the ZBA to extend the
regulations for the CD3 District 50 feet beyond the district line
into the R7 District. This will have the effect of increasing the
amount of land area in CD3 thus reducing the F.A.R. If approved by
the ZBA, the F.A.R. would be reduced to 0.69.
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11. Landscaping: The landscaping plan (sheet SP2) should be
revise-d to reflect the landscaping for the Pines approved by the
Commission on 5/14/96. The applicant should indicate the cost of
the medical and general office building (building "B") which is
being replaced with the extended stay hotel. This information is
needed to update the minimum landscaping requirement for the entire
project.
12. 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.
13. 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).
--- coverage and F.A.R. calculations may need to be updated prior
to final plat depending on the outcome of the Pines Housing
sketch review.
--- applicant should provide information/description of the
residential hotel so the Commission can make a positive
finding that this proposal is an extended stay hotel as
defined in the zoning regulations (i.e., kitchen appliances,
types of rooms, common area, etc.).
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary 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 constructing an 80 unit extended stay hotel
building in place of a 49,440 square foot medical/general office
building (building "B"), 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 10/11/96,
with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. This approval is conditioned on the ZBA granting approval 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. The applicant shall obtain this approval prior to final
plat review.
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3. The revised final plat submittal shall include the following
additional information:
a. Revised coverage information for the CD3 and R7 Districts
based on extending the CD3 District boundary line into the R7
District as approved by the ZBA.
b . Estimated construction cost of the medical and general
office building (building "B") which is being replaced with
the extended stay hotel.
C. A detailed description of the extended stay hotel (i.e.,
number of bedrooms, number of units, common area, etc.) and a
detailed description of the residential units (i.e., type of
appliances, size of refrigerator, etc.).
4. 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 2241) formed by Sherry Road,
Aspen Drive and Dorset Street causes an unusual hardship.
5. The Planning Commission approves an additional sewer allocation
of 5319 gpd. The applicant will be required to pay the per gallon
fee prior to permit issuance.
6. The plans shall be revised prior to revised final plat
submittal as follows:
a . The landscaping plan (sheet SP2) shall be revised to
reflect the landscaping for the Pines approved by the
Commission on 5/14/96.
b. The landscaping plan shall show more landscaping near the
parking lot on lot 2 to adequately screen the parking lot from
the residences.
C. The plan shall show the proposed location of a fence,
including type and height, near the parking lot on lot #2.
This fence shall be installed by the applicant at any time the
Planning Commission determines it to be necessary.
7. 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.
8. The issue of traffic mitigation shall be finalized at final
plat.
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9. The applicant shall obtain a Certificate of
Occupancy/Compliance from the Administrative Officer prior to use
of the new building.
10. The f inal plat application shall be submitted within 12 months
or this preliminary plat approval is null and void.
11. Prior to f inal plat, the applicant shall prepare a parking
management plan which identifies the designated parking spaces for
each of the various uses and buildings in the P.U.D. A legal
document shall be recorded which implements the parking plan. The
legal document shall require approval by the City Attorney.
Chd i rmdn - cY- Cl erk
South Burlington Planning Commission
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