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Home My WebLink AboutSD-10-04 - Decision - 0047 Tilley Drive#SD-10-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PIZZAGALLI PROPERTIES, LLC — 47 TILLEY DRIVE FINAL PLAT APPLICATION #SD-10-04 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking final plat approval to combine lots #6 and 7 into one (1) lot totaling 13.53 acres, 47 Tilley Drive. The Development Review Board held a public hearing on March 16, 2010. Robert Bouchard represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking final plat approval to combine lots #6 and 7 into one (1) lot totaling 13.53 acres, 47 Tilley Drive. 2. The owner of record of the subject property is Pizzagalli Properties, LLC. 3. The application was received on February 8, 2010. 4. The subject property is located in the Industrial Open Space Zoning Districts. 5. The plan submitted is entitled "Subdivision Plat Mountain View Office Park Tilley 3 Subdivision Tilley Drive and Old Farm Road South Burlington, Vermont", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 7/7/08, last revised on 1/21/2010. Zoning District & Dimensional Requirements Table 1. Dimensional Reauirements Lots #1-3 IO Zoning District Required Pro osed Min. Lot Size 3 acres 13.53 acres Max. Building Coverage 30% n/a Max. Overall Coverage 50% n/a Min. Front Setback 50 ft. n/a Min. Side Setback 35 ft. n/a Min. Rear Setback 50 ft. n/a �l zoning compliance n/a no buildings are proposed as part of this application I:\Development Review Boa rd\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc #SD-10-04 SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The City of South Burlington Water Department reviewed the plans for the subject project and most recently stated that they have no formal comments on the plans. They will seek further review of the plans at such time as land development is proposed. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. Although no infrastructure or land development is proposed as part of this application, the applicant, upon advice of staff, obtained preliminary wastewater allocation as part of the 3-lot subdivision that this lot was most recently subject to. Final allocation will be assessed at such time as buildings are proposed. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. There are no roadways or buildings proposed as part of this application. At this time, it is merely a merger of two lots. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The traffic management strategies from the previous decision will remain in effect. They are reiterated verbatim here for clarity. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The plans that the applicant submitted depict Class III wetlands on the subject property. These wetlands extend into the area where the access to the lots will likely be located. The Board will further assess impacts to wetlands as the access drives and buildings are proposed. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. 2 I:\Development Review Boa rd\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc #SD-10-04 Per section 15.18B of the South Burlington Land Development Regulations, a PUD in the Industrial -Open Space District shall comply with the following standards: 1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. 2) Open space and any buffering shall be located in a manner that minimizes impacts on adjacent residential uses, if any. It is difficult to assess compliance with this criterion as no land development is proposed at this time. The applicant has noted the required 65 foot buffer adjacent to the residential zone. The Board will assess these criteria thoroughly at such time as buildings are proposed on individual lots. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. As previously stated, no buildings or other land development are proposed as part of this application. The Board will assess this criterion at such time as more detail is provided. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Until such time as the road network and buildings are proposed, there is no need for review by the Fire Department. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The South Burlington Recreation Path Committee has stated that they will review the plans when at such time as buildings are proposed; as with most other items included in this report, it is difficult to properly plan for infrastructure improvements until such time as buildings are proposed. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on Monday March 1, 2004. Until such time as the road network and buildings are proposed, there is no need for review by the City Engineer. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. I:\Development Review Board\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc #SD-10-04 SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Until such time as the road network and buildings are proposed, it is not possible to assess these criteria. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. No buildings are proposed as part of this application. This criterion will be assessed as individual buildings are proposed for each lot. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. No buildings are proposed as part of this application. This criterion will be assessed as individual buildings are proposed for each lot. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant shall submit architectural details with the site plans for each individual lot. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant shall submit architectural details with the site plans for each individual lot. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb 4 I:\Development Review Boa rd\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc #SD-10-04 cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. At this time, the Board does not find a need for any additional access easements. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans do not show any dumpsters. The site plans for the individual lots shall depict proposed dumpsters, adequately screened. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans do not snow storage areas for the subject property. However, the proposed public roadway will utilize the public right-of-way for snow storage, so additional snow storage areas are not necessary for the proposed subdivision. However, adequate snow storage areas should be depicted on the site plans for each individual lot. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the Land Development Regulations. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. All of the proposed parking areas on the subject property should be landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The site plans for each individual lot should be revised to incorporate the landscaping provisions outlined in Section 13.06(B) of the Land Development Regulations. I:\Development Review Boa rd\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc #SD-10-04 DECISION h� / Motion by "M A 6 K seconded by �,c� �I� �j (/ —C to approve Final Plat Application #SD-10-04 of Pizzagalli Properties, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Four (4) copies of the approved revised plan shall be submitted to the Administrative Officer Prior to recording the mylar. a. The plat shall be revised to eliminate any reference to Lot #7. 4. All future site plans for the lots created herein shall be designed so as to provide adequate and efficient circulation such that traffic shall most generally be directed away from the Hinesburg Road intersection. 5. Access to the proposed lots shall be via Tilley Drive. No access shall be permitted via Old Farm Road. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 8. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 6-0-0 I I:\Development Review Board\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc #SD-10-04 Signed this day of M O'A.-r =( 2010, by ,4� John Dinklage, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $250.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 7 I:\Development Review Board\Findings_Decisions\2010\Pizzagalli_SD1004_ffd.doc