Loading...
HomeMy WebLinkAboutSD-08-39 - Decision - 0047 Tilley Drive#SD-08-39 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PIZZAGALLI - 3 LOT SUBDIVISION PRELIMINARY PLAT APPLICATION #SD-08-39 47 TILLEY DRIVE FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking preliminary plat approval to subdivide a 14.54 acre parcel into three (3) lots of 5.73 acres (lot #6), 7.8 acres (lot #7), and 1.01 acres (lot #8), 47 Tilley Drive The Development Review Board held a public hearing on Tuesday, August 19, 2008. Bob 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 preliminary plat approval to subdivide a 14.54 acre parcel into three (3) lots of 5.73 acres (lot #6), 7.8 acres (lot #7), and 1.01 acres (lot #8), 47 Tilley Drive 2. The owner of record of the subject property is Pizzagalli Properties, LLC. 3. The subject property is located in the Industrial & Open Space Zoning District. 4. The plan submitted is entitled, "Preliminary Plat Mountain View Business 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. - 1 - #SD-08-39 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lots #1-3 10 Zoning District Required J1 Proposed + Min. Lot Size 3 acres 1.01 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 zoning compliance 4 waiver requested pursuant to Article 15 of the SBLDR, PUDs The minimum lot size in the Industrial/Open Space District is 3 acres. The applicant is proposing one lot which does not meet this minimum. Minimum lot size requirements may be modified by the Board pursuant to a Planned Unit Development, or PUD. The Board previously discussed this issue and voiced a general consensus to reduce the minimum lot size and permit the 1.01 acre lot. 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 has reviewed the plans for the subject project and provided comments in a memo dated July 23, 2008. 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. 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 subdivision of one larger lot into three smaller lots. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. -2- #SD-08-39 The applicant previously submitted a conceptual site plan which estimates how the buildings and related drives and parking areas will be organized. The applicant theorized two curb cuts from Tilley Drive, both aligned with existing curb cuts to the south. The applicant plans that both curb cuts service all three buildings. The Board was concerned that the western most curb cut is too close to the Tilley Drive/Hinesburg Road intersection and cannot handle the queuing of vehicles that the additional buildings will create and the connection of Tilley Drive to the interstate via the proposed ramp. A third party consultant has reviewed the plans and commented on this issue (Memo from Resource Systems Group). RSG states that it would be appropriate for "the City to require one access drive placed as far as possible from the adjacent intersections (both existing and planned) in order to maximize and preserve capacity." The previous director of Planning and Zoning, Julie Beth Hinds, submitted a written memo advising the Board to permit the curbcut with conditions which would require future building design and site plan layout to accommodate cross -connections from the west to the east so that traffic could exit at the easternmost curb cut. The Board discussed this and were generally in favor. Still, it should be explicitly clear that no roads are proposed or approved as part of this application. The Board notes that the only access to Lot 7 at this time appears to be across a Class III wetland. The applicant has submitted testimony from a wetlands expert which states that the subject wetlands on site do not carry any value in function for storage of flood waters, water quality, or other habitat or education components. Still, the applicant should understand that going forward, the Development Review Board shall have the authority to require alternate means of access to the rear lot across lands other than the 60 feet of frontage along Tilley Drive. The Board will limit access to the lots to Tilley Drive only. No access shall be permitted via Old Farm Road. This road is wholly residential and is not built to accommodate office or industrial uses. Access to the driveway accessing lots 6 and 7 should also provide access to the adjacent lot #2. Under the terms of an existing 5-lot subdivision of lands access via Tilley Drive, the applicant is required to submit a trip generation and traffic analysis including turning movement analysis to be submitted as part of the review of the fourth building. This condition will be carried through to include this subdivision, should any of the lots proposed herein be developed prior to the existing lots. Resource Systems Group reviewed a traffic analysis prepared by the applicant and provided comments in a memo dated April 15, 2008. RSG explicitly states that the memo was intended for planning purposes only, and that until buildings are proposed with actual uses and square footages, it is difficult to understand detailed impacts. 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. -3- #SD-08-39 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 plans should be revised to depict the wetlands and their associated 50 foot buffers. 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. 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 at this time. 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 not yet reviewed the plans. Their comments should be considered but 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. -4- #SD-08-39 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. 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 at this time. 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 at this time. 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. -5- #SD-08-39 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 should 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 should 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 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, Staff no additional access easements with the exception of an access to lot #2 as previously discussed. 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 should 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. M #SD-08-39 However, the Board notes that 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. Other The survey plat notes that there are several encroachments onto the property from abutting residential properties. The applicant should address this with the abutting property owners. Any such encroachments shall be removed or otherwise considered for approval as part of this application. DECISION /J Motion by LE uC �l I �� seconded by �b� �/\ r �� to approve Preliminary Plat Applic ion #SD-08-39 of Pizzagalli Properties, LL , 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 plans shall be revised to show the changes below prior to final plat submittal a. The plans shall be revised to include a full wetland delineation, including appropriate 50 foot wetland buffer zones 4. The applicant shall adhere to the comments of the South Burlington Water Department per the memo dated July 23, 2008. 6. The Board approves a modification to the minimum lot size requirement of three (3) acres and approves lot #8 to be 1.01 acres. 7. A trip generation and traffic impact analysis including turning movement analysis, shall be conducted as part of the review of each building in this subdivision. 8. At such time as Interstate Exit 12B is constructed to Tilley Drive with a north bound off ramp, the access drive located between lots 6 & 8 shall be abandoned in favor of a new access drive to be located as far to the east as possible. 7- #SD-08-39 9. All future site plans for the three 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. 10. Access to the proposed lots shall be via Tilley Drive. No access shall be permitted via Old Farm Road. 11. The Recreation Path Committee shall review the plans and if warranted, provide comments prior to final plat approval. 12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 13. The final plat application shall be submitted within twelve (12) months. Mark Behr — yea/nay/abstain/not present Matthew Birmingham —nay/abstain/not present John Dinklage Venay/abstain/not nay/abstain/not present Roger Farley — present Eric Knudsen —ay/abstain/not present Peter Plumeau — ea/nay/abstain%not present Gayle Quimby — ea lay/abstain/' orb present Motion carried by a vote of ( -,;, -%- Signed thisJ4 '__�7 - 1-1 day of 2008, by John Dinklage, Chair 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 $225.00. 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).