HomeMy WebLinkAboutSD-97-0000 - Decision - 0057 0069 0085 Swift StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Wright & Morrissey/Vermont Gas for a planned
unit development consisting of the existing Vermont Gas building and a new 38,428
square foot building for general office use and a bank with drive -through service,
69 and 85 Swift Street.
On the 15th day of July, 1997, the South Burlington Planning Commission approved
the request of Wright & Morrissey/Vt Gas for final plat approval under Section 204
of the South Burlington Subdivision Regulations based on the following findings:
1. This project consists of: 1) constructing a 38,428 square foot 4-story general
office building (including a bank with drive -through service) , 2) combine two (2 )
contiguous lots into a planned unit development (69 and 85 Swift Street) , and 3 )
construct a parking area at 57 Swift Street. The lot at 57 Swift Street will be
combined into the PUD after a boundary line adjustment is approved. The
preliminary plat was approved on 5 / 13 / 97 .
These properties located at 57, 69 and 85 Swift Street lie within the Cl District.
They are bounded on the east by the access to Farrell Park, on the north by Swift
Street and an auto body repair shop, on the south by Farrell Park and several
residences, and on the west by a mini -warehouse complex.
2. Access/circulation: Access to the PUD will be provided by a 36 foot curb cut at
85 Swift Street, and a 24 foot curb cut at 69 Swift Street. An internal future access
drive is proposed which would connect 69 Swift Street and 85 Swift Street. This
access road connects with the parking lot at 85 Swift Street at the southwesterly
corner (preliminary plat condition #4a) . Preliminary plat condition #5 required that
this access drive be constructed within three (3) years from the date of final
approval.
Circulation on the site is adequate.
3. Coverage / setbacks: Entire PUD after r . o . w . modification: Building coverage is
9.6% (maximum allowed is 30%) . Overall coverage is 61.5 % (maximum allowed is 70%) .
Front yard coverage is 27.9% (maximum allowed is 30%) .
Setback requirements are met.
4. Parking: The proposed office building requires a total of 161 spaces and 155
spaces are being provided including six (6) handicapped spaces. This is a six (6 )
space or 3.7% shortfall. Preliminary plat condition #6 limits the project to a 4%
parking waiver. A bike rack is being provided as required under Section 26.253 (b)
of the zoning regulations.
5. The parking standards require that each drive -up window have sufficient
stacking room for six (6) cars and that a by-pass lane be provided. This
requirement is met.
6. Landscaping: The minimum landscaping requirement, based on building costs,
is $28,500 which is being met. Plantings will include Sugar Maple, Littleleaf Linden,
Birch, Juniper, Crabapple, White Pine, Pin Oak, Lilac and Cranberry. The
applicant should provide dense evergreen plantings along the southerly boundary
as required under Section 25.108 of the zoning regulations.
7. Traffic: A traffic impact evaluation report was submitted and reviewed by the
Planning Commission at preliminary plat. This report concludes that "with respect
to traffic congestion, the results of the intersection capacity analyses indicate that
this project will not create any significant traffic during future design hour
conditions at all intersections included in this study. " The study recommended that
site grading be designed to enhance available intersection sight lines from the
proposed access. The study indicates that a signal will not be warranted at the
Swift Street/Farrell Street intersection. The trip generation assessment should be
revised to reflect the reduced building size. ITE estimates that the proposed office
building with a drive -through bank will generate 130.1 additional vte's during the
P.M. peak hour. The applicant was made aware that the road impact fee is
approximately $26,000.
8. Building height: The applicant is proposing a 51.0 foot height for the office
building and seeking a waiver for the additional 16 feet of height under Section
25.113 (c) of the zoning regulations. This section allows the Commission to approve
a height in excess of the 35 foot limitation provided the Commission determines that
a taller structure:
(i) will not affect adversely the essential character of the neighborhood or
district in which the property is located;
(ii) will not detract from the important scenic views from adjacent public
roadways and other public rights -of -way.
9. The Commission at preliminary plat granted the height waiver (preliminary plat
condition #10) . Section 25.113 (d) of the zoning regulations requires additional
setbacks for each foot above the normal 35 foot height. These additional setback
requirements are met.
10. Sewer: The additional sewer allocation needed for this project is 840 gpd (this
is in addition to the credits given for the removal of two (2) houses on the
property) . There is currently no sewer allocation available at the Bartlett Bay
Wastewater Treatment Facility. The applicant currently has excess capacity at his
60 Farrell Street project and is requesting that the Commission modify its policy to
allow the transfer of the unused capacity of 1143 gpd to this project. The sewer
policy was amended on 6/17/97 to accommodate this request.
11. P . U . D . report:. A report addressing the PUD criteria under Section 26.151 of
the zoning regulations was submitted.
12. Sidewalk/street widening: The plans show a proposed sidewalk which would
extend westerly from the terminus of the existing sidewalk along the project's
frontage. The plan shows a reserved strip to be dedicated to the City for the
sidewalk and future street widening. A drawing is provided ( sheet 1.1) showing the
sidewalk/recreation path in front of the Couillard property within the Swift Street
r.o.w. in the event that the necessary easements are not obtained to cross this
property as shown on the plan submitted.
13. Recreation path: The Recreation Path Committee reviewed these plans and
submitted comments.
14. The Public Works Director has recommended that a concrete sidewalk be
provided. He has agreed to allow a five (5) foot paved path adjacent to the sidewalk
similar to along Kennedy Drive.
15. Lighting: Proposed exterior lights will consist of the following:
--- 13 - 400 watt metal halide lamps with downcasting shielded fixtures on 20 foot
poles.
Details of proposed building mounted lights should be approved by the City Planner
prior to permit issuance.
Existing lighting at 85 Swift Street is as follows:
--- four (4) 100 watt metal halide lamps with downcasting shielded fixtures
mounted on 14 foot poles
--- three (3) 400 watt metal halide lamps with downcasting shielded fixtures on 20
foot poles.
--- five (5) metal halide lamps of unknown wattage mounted on the building with
downcasting shielded fixtures.
--- one (1) flood light of unknown type and wattage mounted on a 16 foot pole.
17. Wetlands: The wetlands on the 85 Swift Street parcel have been delineated.
(preliminary plat condition #12) . The plan should indicate the amount of wetland
impacted by fill.
18. C . 0. District: A C . 0. District is shown along the crossing the 85 Swift Street
parcel. The proposed internal access road will cross this C.O. District. This
crossing of the C.O. District is permitted under Section 3.204 of the zoning
regulations.
19. Dumpster: The type of screening proposed for the dumpster is noted on the
plan. (preliminary plat condition #4c) .
20. Notice of Condition: A "Notice of Condition" should be approved by the City
Attorney and recorded in the land records prior to recording the final plat plans.
This "Notice of Condition" should clearly indicate that for zoning and planning
purposes the entire property will be regarded as a single parcel of land.
21. Other:
--- plat should show the eight (8) foot strip along Swift Street to be reserved for
future dedication.
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DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission
approves the final plat application of Wright & Morrissey, Inc. for a planned unit
development consisting of the existing Vermont Gas building and a new 38,428 square
foot building for general office use and a bank with drive through service, 69 and
85 Swift Street, as depicted on a 12 page set of plans, page two (2) entitled "Swift
Street P.U.D. Property of Daniel Morrissey & Vermont Gas South Burlington
Vermont," prepared by Civil Engineering Associates, Inc, dated June, 1997, with
the following stipulations:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
2. Prior to issuance of a zoning permit for the office building, all appropriate legal
documents (e.g. irrevocable offer of dedication and warranty deed for the street
widening/pedestrian improvements) shall be submitted to the City Attorney for
approval and recorded in the South Burlington Land Records.
3. The applicant shall construct a 10 foot wide sidewalk/recreation path along that
portion of the project's frontage which does not currently have a sidewalk/recreation
path. This sidewalk/recreation path shall be continuous across the Couillard
property with the appropriate legal documents or constructed within the existing
Swift Street r.o.w. This sidewalk/recreation path shall be constructed prior to
occupancy of the office building and to the specifications approved by the Public
Works Director. Prior to start of construction of the sidewalk/recreation path, the
applicant shall post a bond which covers the cost of the sidewalk/recreation path.
4. The plat plans shall be revised to show the changes listed below and shall require
approval of the City Planner. Three (3) copies of the approved revised plat plans
shall be submitted to the City Planner prior to recording.
a) The plans shall be revised to show the sidewalk/recreation path
constructed to the driveway serving Farrell Park.
b) The landscape plan shall be revised to provide dense evergreen plantings
along the southerly boundary as required under Section 25.108 of the zoning
regulations.
c) The Overall Site Plan shall be revised to indicate the amount of wetland
impacted by the fill for the future internal access.
d) The survey plat shall be revised to show the 8.25 foot strip along Swift
Street to be reserved for future dedication.
5. The proposed internal future access drive shall be constructed within three (3)
years from the date of final approval. Prior to issuance of a zoning permit, a bond
to cover the cost of the future access drive shall be posted and shall remain in effect
until said future access drive is constructed.
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6. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission
approves a 3.7% parking waiver for the proposed office building. It is the
Commission's opinion that fewer spaces will adequately serve the project since a
significant portion of the gross square footage of the building will be devoted to uses
which typically do not generate parking demand (e.g. stairwells) .
7. Prior to issuance of a zoning permit, the applicant shall post a $28,500 landscape
bond. The bond shall remain in effect for three (3) years to assure that the
landscaping takes root and has a good chance of surviving.
8. All new exterior lighting shall consist 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. Details of any building mounted lights shall
be approved by the City Planner prior to permit issuance.
9. For the purpose of calculating road impact fees under the South Burlington
Impact Fee Ordinance, the Planning Commission estimates that the proposed office
builidng will generate 130.1 additional vehicle trip ends during the P.M. peak hour.
10. Pursuant to Section 25.113 (c) of the zoning regulations, the Planning
Commission approves a 16 foot height waiver for the proposed office building. The
Commission has determined that this taller structure:
(i) will not affect adversely the essential character of the neighborhood or
district in which the property is located;
(ii) will not detract from the important scenic views from adjacent public
roadways and other public rights -of -way.
11. The Planning Commission grants an additional sewer allocation of 840 gpd (2,040
gpd total) for the new office/bank building.
12. The applicant shall record in the land records, a "Notice of Condition" which
clearly indicates that this project constitutes a PUD and that for zoning and
subdivision purposes the entire property will be regarded as a single parcel of land.
This document shall require approval of the City Attorney and shall be recorded
prior to recording the final plat plans.
13. Any change to the final plat plans shall require approval of the Planning
Commission.
14. The final plat plans 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. Prior to recording the final plat plans, the
applicant shall submit a copy of the survey plat in digital format. The format of the
digital information shall be approved by the City Planner.
Y c-
Chairman or Clerk"
South Burlington Planning Commission
Date
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