HomeMy WebLinkAboutSP-94-0000 - Decision - 0007 0005 Aspen Drive (2)FINDINGS OF FACT & DECISION
STATE OF VERMONT S (7 - / c4 , n7 OC,
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 14th of June, 1994, 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 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 eight (8) parcels ranging in size from 0.14 acres
to 5.13 acres. The sketch plan was reviewed on 2/2/94.
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.
4. Plans do not show a north bound left turn lane into the new
City street from Dorset Street. The applicant should show a
revised Dorset Street that allows these turning movements.
Circulation is adequate.
5. 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.
6. Parking: This project requires a total of 365 parking spaces
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and 397 spaces including 11 handicapped spaces are being provided.
Bike racks are also being provided for each building.
7. 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 1.75 acres respectively. The remaining lots are
located in the R-7 District.
8. The minimum lot size requirement in the R-7 District is 40,000
square feet (0.92 acres). Lots 2, 4 and 5 have lot sizes of 0.94
acres, 1.11 acres and 5.13 acres respectively. Lots #5a, 5b and
5c, 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 0.49 acres, 0.14
acres and 0.35 acres respectively. Section 10.504 of the zoning
regulations allows the Planning Commission to modify the minimum
lot size requirement.
9.
Coverage:
Proposed
Allowable
Proposed
Allowable
building
building
overall
overall
Lot
# coverage
coverage
coverage
coverage
1
35%
40%
81%
90%
2
0
25%
40%
60%
3
17%
40%
52%
90%
4
0
25%
28%
60%
5
1%
25%
35%
60%
5a
99%
25%
99%
60%
5b
99%
25%
99%
60%
5c
99%
25%
99%
60%
As can be seen from the chart above, coverage requirements will be
met with the exception of lots #5a, 5b and 5c. Section 10.504 of
the zoning regulations allows the Planning Commission to modify the
building and overall coverage requirements.
Front yard coverage information should be provided for lots #2, 4
and 5.
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 that a new City street was an
additional amenity and granted an F.A.R. of greater than 0.5.
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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 $52,400 which is
$64,535 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.
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. Traffic: In an effort to mitigate potential adverse traffic
impacts, the applicant should be required to contribute toward the
following improvements: a) construction of a new northbound on -
ramp at exit 13, b) improvements contained in the Williston Road
Area I Improvement Fund, and c) installation and timing
optimization of a new traffic signal at the project access/Dorset
Street intersection. The amount of each contribution should be
determined at final plat. Prior to final plat, the applicant
should submit a trip generation assessment which compares the
estimated trip ends of the previously approved project to that of
the proposed project.
15. Sewer: The sewer allocation needed for this project is 27,073
gpd. The applicant will be required to pay the per gallon fee
prior to issuance of a zoning/building permit.
16. Building heights: The applicant has indicated that the
building elevations for the medical/general office buildings will
not change. Building elevations for the nursing home should be
submitted at final plat. Applicant has indicated that this
building will have a maximum height of 45 feet which is the same
height as the office buildings the nursing home replaces.
17. Other:
--- final plat plans should incorporate the suggested changes as
follows:
18. Subdivision Plat
--- metes and bounds information must be provided for lots 5a, 5b
and 5c.
--- a note should be added to indicate that lot 5 is to serve as
the r.o.w. to lots 5a, 5b and 5c.
--- applicant should propose name for new City street.
--- planning data notes indicate that lot 1 is in the R7 District,
it is in CD3 District, lot 2 is in R7 not CD3, lot 3 is in CD3
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not R7, lot 4 is in R7 not CD3, lot 5 is in R7 not CD3, lots
5a, 5b and 5c are in R7 not CD3 and the r.o.w. is in CD3 not
R7.
19. Sheet SP1
--- plan should note that dumpster storage areas are to be
screened, indicate type of screening to be used.
--- identify which is building A and which is building B.
--- lot 5 is noted to have 0% building coverage yet there is a
gazebo and a canopy on this lot.
--- nursing home building shows two (2) Phase I's and a Phase III
but no Phase II (this should be corrected on all plans).
20. Sheet SP2
--- there are only 14 spaces along westerly row of spaces in
parking garage of the northerly office building, note on plat
shows 15 spaces (correct on all plans).
21. Other:
--- provide details for all exterior lighting. All lighting must
be downcasting and shielded and not cast light beyond the
property line.
--- the plans should be revised to show the portion of the
existing turn -around at the end of Oakwood Drive which is on
the applicant's property.
22. Staff Recommendation: Staff recommended that lot 3 and 4 be
combined into one lot since both lots are proposed to be used for
one purpose.
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 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 5/4/94, with the following stipulations:
1) Any previous approvals and stipulations affecting the subject
property which are not superseded by this approval shall remain in
effect.
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2) This approval is conditional 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 the applicant
shall post a bond to cover the cost of upgrading 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. 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 credit for existing trees that will not be disturbed. The amount
of credit will be determined at final plat.
8. In an effort to mitigate potential adverse traffic impacts, the
applicant shall be required to contribute toward the following
improvements: a) construction of a new northbound on -ramp at exit
13, b) improvements contained in the Williston Road Area I
Improvement Fund, and c) installation and timing optimization of a
new traffic signal at the project access/Dorset Street
intersection. The amount of each contribution shall be determined
at final plat. Prior to final plat, the applicant shall submit a
trip generation assessment which compares the estimated trip ends
of the previously approved project to that of the proposed project.
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 final plat to show the
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following:
Subdivision Plat
--- metes and bounds information must be provided for lots 5a, 5b
and 5c.
--- a note shall be added to indicate that lot 5 is to serve as
the r.o.w. to lots 5a, 5b and 5c.
--- applicant shall propose name for new City street.
--- lots 3 and 4 shall be merged into one lot (show on all plans).
Sheet SP1
--- plan shall note that dumpster storage areas are to be
screened, indicate type of screening to be used.
--- provide front yard coverage information for lots 2,4 and 5.
--- the project location map shall be corrected on Sheets SP1, SP2
and SP3.
Other:
--- Sheets SP2 and D7 shall indicate that lighting within the new
public street r.o.w. will be the type and style maintained by
Green Mountain Power Corporation.
--- plans shall be revised to show a north bound left turn lane
into the new City Street from Dorset Street.
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.
Prior to final plat, the applicant shall provide details of all
exterior lighting with the exception of building mounted lights.
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.
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.
15. The Planning Commission approves the alternate drainage
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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 #5a,5b, and 5c
to have lot sizes of 0.49, 0.14 and 0.35 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 #5a, 5b
and 5c to not exceed 99%.
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. The final plat application shall be submitted within twelve
(12) months of this approval.
23. Prior to recording the final plat plans, the applicant shall
record a "Notice of Condition" in the land records which clearly
identifies this development as a PUD.
24. Landscaping plan shall be revised to show additional
landscaping in the vicinity of Oakwood Drive and also along the
north side of the parking lot on lot 2. Additional landscaping
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shall also be added to screen the development from abutting
residential properties, if determined necessary by the City
Planner.
25. Plan shall be revised prior to final plat to show 30% front
yard coverage on lot #2.
26. Hydrants shall be located no more than 300 feet apart. The
canopy over the front entrance shall be at least 12 feet high, to
allow clearance for fire apparatus.
Chairm n or erk
South Burlington Planning Commission
Date
C