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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).