HomeMy WebLinkAboutSP-94-0000 - Decision - 0007 0005 Aspen DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT
5' I�-- Vic{-voUci
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Dorset Land Company to amend
a previously approved planned commercial development consisting of
156,000 square feet of medical office, general office, cafe/deli,
and retail use in five (5) buildings on 11.64 acres of land, 421
Dorset Street. The amendment consists of constructing 88,740
square feet of medical and general office use and a 124 unit
nursing/convalescent home in three (3) buildings on 11.64 acres.
On the 12th of July, 1994, 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 PCD
consisting of 156,000 square feet of medical office, general
office, cafe/deli and retail use in five (5) buildings on 11.64
acres of land. The amendment consists of: 1) constructing 88,740
square feet of medical and general office use, 2) constructing a
124 unit nursing/convalescent home and 3) subdividing the 11.64
acre parcel into seven (7) parcels ranging in size from 0.16 acres
to 4.69 acres. The preliminary plat was approved on 6/14/94.
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 to the development will be provided
by a new City street with a 60 foot r.o.w. with a 30 foot roadway
width connecting Sherry Road with Dorset Street. The new City
street will have five (5) curb cuts serving parking areas for the
office building and the driveway for the nursing home.
Plans show a north bound left turn lane into the new City street
from Dorset Street.
Circulation is adequate.
4. Sherry Road: The previous PCD approval required that
approximately 300 feet of Sherry Road be upgraded to City standards
with the exception of the 60 foot width requirement. The plan
submitted incorporates these improvements.
5. Parking: This project requires a total of 365 parking spaces
and 393 spaces including 11 handicapped spaces are being provided.
1
Bike racks are also being provided for each building.
6. Lot sizes: The minimum lot size requirement in the CD3
District is 12,000 square feet (0.28 acres). Lot #1 and lot #3,
which are located in this district, are proposed to have a lot size
of 1.07 acres and 2.86 acres respectively. The remaining lots are
located in the R-7 District.
7. The minimum lot size requirement in the R-7 District is 40,000
square feet (0.92 acres). Lots 2 and 4 have lot sizes of 1.2
acres, and 4.69 acres respectively. Lots #4a, 4b and 4c, which are
designed to follow footprints of different phases of the nursing
home building, will not meet the minimum lot size requirements.
These lots will have lot sizes of 0.61 acres, 0.16 acres and 0.38
acres respectively. Section 10.504 of the zoning regulations
allows the Planning Commission to modify the minimum lot size
requirement. Reduced lot sizes were approved as part of the
preliminary plat approval.
8. Coverage:
Proposed Allowable
building building
Lot # coverage coverage
Proposed Allowable
overall overall
coverage coverage
1
35%
40%
81%
90%
2
0
25%
30%
60%
3
11%
40%
43%
90%
4
1%
25%
27%
60%
4a
86%
25%
88%
60%
4b
81%
25%
81%
60%
4c
81%
25%
83%
60%
Coverage requirements will be met with the exception of lots #4a,
4b and 4c. Section 10.504 of the zoning regulations allows the
Planning Commission to modify the building and overall coverage
requirements. Coverage requirements were modified as part of the
preliminary plat approval.
Front yard coverage for lot #2 is 30% and for lot #4 is 20%
(maximum allowed is 30%).
10. Setbacks: All setback requirements will be met.
11. Floor Area Ratio (F.A.R.): The F.A.R. for the area of the
project zoned CD3 is 0.72 (maximum allowed is 0.5). An F.A.R. of
up to 1.2 may be permitted as a bonus for the provision of
additional public space or amenities. The Planning Commission
determined in the previous approval and at preliminary plat
approval that a new City street was an additional amenity and
granted an F.A.R. of greater than 0.5.
2
12. Landscaping: The minimum landscaping requirement for this
project, based on building costs, is $116,935 (including street
trees) which is not being met. Proposed plantings (including $7935
for street trees) have an estimated value of $60,722 which is
$48,289 short of the minimum requirement. The Planning Commission
granted the applicant a $30, 000 credit for existing trees that will
not be disturbed as part of the previous approval. This $30,000
was approximately the amount of shortfall between the required
$79,300 and the proposed landscaping value of $48,568. The cost of
this project has increased thereby increasing the shortfall as the
proposed value of the plantings has only slightly increased.
Additional plantings are being provided in the vicinity of Oakwood
Drive and also along the north side of the parking lot on lot #2 as
required under preliminary plat approval.
13. Wetlands: The plans indicate that the site has a total of
3.45 acres of wetland of which 0.99 acres will be impacted.
14. Sewer: The Planning Commission allocated 27,073 gpd as part
of the preliminary plat approval. The applicant will be required
to pay the per gallon fee prior to issuance of a zoning/building
permit.
15. Building heights: The Planning Commission approved a maximum
pitched roof building height of 45 feet for the
nursing/convalescent home and a maximum eave height of 27 feet for
buildings A and B as part of preliminary plat approval. Applicant
will be required to provide building elevations for each building
showing both preconstruction and post -construction grades at the
time of application for a zoning/building permit.
16. Traffic: In an effort to mitigate potential adverse traffic
impacts, the following should be required:
a) Applicant should contribute an amount equal to 3.25% of
the City's share of constructing a new northbound on -ramp at
Exit 13, not to exceed $6,510. Contribution shall be made
prior to issuance of a zoning/building permit and may be
phased in accordance with phased development. Until such time
as the City's share is finalized, applicant's contribution
shall be based on the maximum $6,510 contribution. When the
City's share is finalized and it is determined that the
applicant has contributed more than 3.25% of the City's share,
the City shall reimburse the applicant for the overpayment.
b) Applicant should contribute
Area 1 Improvement Fund based on
estimated to be generated by th
shall be made prior to issuance
and may be phased in accordance
3
$16,054 to the Williston Road
the P.M. peak hour trip ends
e project. The contribution
of a zoning/building permit
with phased development.
i
c) Applicant should contribute $23,729 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/building permit and may be phased in accordance with
phased development. 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.
17. Legal documents: The applicant will be required to submit for
review and approval by the City Attorney appropriate legal
documents for the new public street (e.g., Irrevocable Offer of
Dedication). These documents must be recorded prior to issuance of
a zoning/building permit for the first building. The applicant
must also record a "Notice of Condition" which clearly identifies
this development as a PUD prior to recording the final plat plans.
These are conditions of preliminary plat approval.
18. Lighting: All on -site lighting should be down -casting
shielded luminaires and not cast light beyond the property line.
Details of all building mounted lighting should be submitted to the
City Planner for approval prior to issuance of a zoning/building
permit. Applicant has submitted details for parking lot lighting
which consist of 23 high pressure sodium lamps (250 and 400 watt)
on 20 foot poles.
19. Other:
--- name of proposed City street is spelled incorrectly, this
should be corrected on all plans.
--- sheets SP1, SP2 and SP3 indicate that lot #4 has two (2) lot
sizes, these sheets should be revised to indicate the same lot
size as shown on the subdivision plat (4.69 acres).
--- sheet SP1 Planning Data for lot #2 indicates total lot
coverage as 40%, this should read 30%.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington
Planning Commission approves the revised final plat application of
Dorset Land Company to amend a previously approved planned
commercial development consisting of 156,000 square feet of medical
office, general office, cafe/deli, and retail use in five (5)
buildings on 11.64 acres of land, 421 Dorset Street. The amendment
consists of constructing 88,740 square feet of medical and general
office use and a 124 unit nursing/convalescent home in three (3)
buildings on 11.64 acres, as depicted on a 12 page set of plans,
page one entitled "Dorset Land Co., Inc., Dorset Street, South
Burlington, VT., Subdivision Plat", prepared by Trudell Consulting
Engineers, Inc., dated 6/20/94, with the following stipulations:
4
1. Any previous approvals and stipulations affecting the subject
property which are not superseded by this approval shall remain in
effect.
2. This approval is conditioned on the proposed uses broken down
as follows: 1) 35,495.5 net square feet of medical office, 2)
35,495.5 net square feet of general office and 3) a 124 unit
nursing/convalescent home. Any increase in the proportion of
medical office net square footage or increase in the number of
nursing/convalescent home units shall require Planning Commission
approval.
3. The applicant shall complete construction of the Sherry Road.
improvements and the new public street prior to occupancy of either /
Building A or Building B.
4. Appropriate legal documents for the new public street r.o.w.
(e.g. Irrevocable Offer of Dedication) shall be submitted to the
City Attorney for approval and shall be recorded in the South
Burlington land records prior to issuance of a zoning/building
permit for the first building.
5. Prior to issuance of a zoning/building permit for Building A or
Building B, the applicant shall post a bond to cover the cost of
grading Sherry Road and constructing a new public street connecting
Dorset Street and Sherry Road. The amount of the bond shall be
approved by the City Engineer.
6. The Planning Commission waives the requirement of a minimum 400
foot distance between PCD entrances (Section 11.504(b), zoning
regulations) . It is the Commission's opinion that the proposal for
a second access located 260 feet from the main access will improve
traffic safety and circulation in the area of the project.
7. The applicant shall post a $116,935 landscaping bond prior to
issuance of a zoning/building permit which may be phased in on a
schedule accepted by the City Planner. The bond shall remain in
effect for three (3) years to assure that the planted landscaping
takes root and has good chance of surviving. The Commission grants
a $48,289 credit for existing trees that will not be disturbed.
8. In an effort to mitigate potential adverse traffic impacts, the
following shall be required:
a) Applicant shall contribute an amount equal to 3.25% of the
City's share of constructing a new northbound on -ramp at Exit
13, not to exceed $6,510. Contribution shall be made prior to
issuance of a zoning/building 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 $6,510 contribution. When the City's
share is finalized and it is determined that the applicant
5
1
has contributed more than 3.25% of the City's share, the City
shall reimburse the applicant for the overpayment.
b) Applicant shall contribute $16,054 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/building permit
and may be phased in on a schedule accepted by the City
Planner.
c) Applicant shall contribute $23,729 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/building 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.
9. Proposed street trees along the main access shall be located a
minimum of three (3) feet from the face of curb.
10. The plans shall be revised prior to recording to show the
following changes. Three (3) copies of the revised plans shall be
submitted prior to recording.
a) Name of proposed City street spelled correctly on
subdivision plat, and sheets SP1, SP2 and SP3.
b) Sheets SP1, SP2 and SP3 shall be revised to indicate that
lot #4 has only one lot size, that being 4.69 acres.
c) The "Planning Data" information on sheet SP1 for lot #2
shall indicate that total lot coverage is 30%.
11. The Planning Commission approves a 0.72 F.A.R. for the area of
the project zoned CD-3. The Planning Commission may approve an
increase above the base F.A.R. of 0.5 if the applicant provides
certain public amenities. It is the Commission's opinion that the
provision of a public street connecting Sherry Road to Dorset
Street will improve traffic circulation in the area and therefore
qualifies as a public amenity.
12. All on -site lighting shall be down -casting, shielded
luminaires and shall not cast light beyond the property line.
Details of all building mounted lighting shall be submitted to the
City Planner for approval prior to issuance of a zoning/building
permit.
13. A sewer allocation of 27,073 gpd is granted. Applicant shall
pay the required per gallon sewer allocation fee prior to issuance
of a zoning/building permit.
6
14. Building elevations for each building showing both
preconstruction and post -construction grade shall be submitted at
time of application for a zoning/building permit.
151 The Planning Commission approves the alternate drainage
improvements involving the Estey and Rowley properties as shown on
the sketch entitled, "Proposed Changes, Dorset Land Company",
prepared by Trudell Consulting Engineers and dated 4/7/93. Such
improvements shall be constructed if the applicant can obtain the
necessary agreements from the involved adjoining land owners. The
City shall not be responsible for maintaining any drainage system
not located within a public r.o.w. If the applicant cannot obtain
an agreement from the adjoining landowners, then the applicant
shall construct the drainage improvements as shown on Sheet SP3.
16. Building Heights: The Commission approves a maximum pitched
roof building height of 45 feet for the nursing/convalescent home
building. It is the Commission's opinion that a 45 foot pitched
roof height satisfactorily meets the provisions of section
18.112(b) of the zoning regulations.
For buildings A and B, the Commission approves a maximum eave
height of 27 feet as shown in the sketch entitled "Exhibit A, Wall
Section" prepared by Wiemann-Lamphere Architects, Inc. and dated
April 27, 1993.
17. Pursuant to Section 10.504 of the zoning regulations, the
Planning Commission modifies the minimum lot size requirement of
40,000 square feet in the R-7 District to allow lots #4a,4b, and 4c
to have lot sizes of 0.61, 0.16 and 0.38 acres respectively.
18. Pursuant to Section 10.504 of the zoning regulations, the
Planning Commission modifies the maximum allowable building
coverage and maximum allowable overall coverage for lots #4a, 4b
and 4c to not exceed 88%, 81% and 83% respectively.
19. The applicant shall obtain a certificate of occupancy permit
from the Administrative Officer prior to occupancy of any building.
20. As expressly represented by the applicant, the building faces
along Dorset Street will be designed so as to appear as "building
fronts".
21. The applicant or its successors and assigns shall maintain the
public r.o.w. and improvements therein until such time as the
r.o.w. is accepted by the City.
22. Prior to recording the final plat plans, the applicant shall
record a "Notice of Condition" in the land records which clearly
identifies this entire development as a PUD and which legally ties
all lots in this development into one PUD for all planning, zoning
and subdivision purposes.
7
r \ 1
23. The canopy over the front entrance of the nursing home shall
be at least eight (8) feet in height to allow clearance for fire
apparatus.
24. The fence along the west property line shall be extended to
the turnaround area to screen car headlights from the residences on
Oakwood Drive.
25. The developer shall furnish to the City, at least 7 days prior
to beginning of road construction, the name of the contractors
doing the street and utility work and the architect and/or engineer
who will stake out and supervise the work.
26. In accordance with section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
(e.g., streets, water mains, sanitary sewers, storm drains, etc.)
the developer shall submit to the City Engineer "as -built"
construction drawings certified by a registered engineer.
27. As provided in Section 605 of the subdivision regulations, if
substantial construction of the project has not started within
three (3) years, this approval shall be null and void.
28. The final plat plans shall be recorded in the South Burlington
land records within 90 days or this approval is null and void. The
plans shall be signed by the Chair or Clerk of the Commission prior
to recording.
29. Any changes to the final plat plans shall require Planning
Commission approval.
30. Based on the expressed representation of the applicant the
current drainage problem on the northwestern portion of the project
will be corrected as part of the construction of the
nursing/convalescent home. If the City determines that the
drainage problem has not been corrected, the developer shall be
responsible for implementing the necessary improvements to correct
the problem. In addition, the construction of the
nursing/convalescent home shall not worsen the drainage situation
elsewhere on the site or off the site. If the City determines that
the drainage situation has worsened in any way on or off the site
as a result of constructing this project, the applicant shall be
responsible for correcting the problem.
Chalrma(n of Clerk
South Burlington Planning Commission
W1,1111 if
8