HomeMy WebLinkAboutSD-12-02 - Decision - 0119 Tilley Drive#SD-12-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES LLC —119 TILLEY DRIVE
FINAL PLAT APPLICATION #SD-12-02
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking final plat approval
for a planned unit development consisting of a 45,000 sq. ft. medical office building, 119 Tilley
Drive.
The Development Review Board held a public hearing on February 21, 2012. 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. Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking final plat approval
for a planned unit development consisting of a 45,000 sq. ft. medical office building, 119 Tilley
Drive.
2. The owner of record of the subject property is Pizzagalli Properties, LLC.
3. The application was received on January 12, 2012.
4. The subject property is located in the Industrial Open Space Zoning District.
5. The plans submitted consist of a 23 page set of plans, page one (1) entitled "Mountain View
Office Park Lot 6 Site Development", prepared by Donald L. Hamlin Consulting Engineers, Inc,
dated 9/30/11 and last revised 1/6/12.
Zoning District & Dimensional Requirements
Dimensional Requirements
IO Zoning District
Required
Proposed
4 Min. Lot Size
3 acres
13.53 acres
J Max. Building Coverage
30%
3.8%
4 Max. Overall Coverage
50%
21.6%
Min. Front Setback
50 ft.
>50 ft.
Min. Side Setback
35 ft.
>35 ft.
Min. Rear Setback
50 ft.
>50 ft.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\S D_12_02_119Ti lley_Pizzagall ifina I_ffd.d oc
#SD-12-02
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.
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.
The City Engineer has reviewed the plans and provided comments in a letter dated February 14,
2012. There are no remaining issues with respect to water supply and wastewater capacity.
The applicant has obtained preliminary wastewater allocation.
The applicant shall receive fmal wastewater allocation prior to issuance of a zoning permit.
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.
The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the
South Burlington Land Development Regulations. In addition, the grading plan shall meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
Access to the subject lot is proposed via one two -directional curb -cut off of Tilley Drive. This curb
cut is approximately 70 feet wide, narrowing quickly to a 30 foot entry drive.
This entry drive will also serve as access to the rear portion of the lot at such time as that portion
seeks development.
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. The Board has required that this condition be
carried through to include the subdivision that this lot is included within, should any of the lots
proposed herein be developed prior to the existing lots.
2
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\S D_12_02_119Tilley_Pizza ga II ifi nal_ffd.doc
#SD-12-02
This will be the fourth building. The applicant submitted this analysis as part of an earlier
application, approximately 18 months prior. The Board invoked a technical review of the traffic
study and comments were received on January 28, 2010 from the Board's consultant (letter from
RSG Inc).
Given that the size of the proposal has not changed, and that the conditions in the vicinity have not
changed, the Board finds that the previous study and subsequent technical review will be permitted
to stand in this application.
The applicant is proposing a 20 foot wide access drive around the front (south side) of the building.
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 show areas of wetlands located in the site. There is a fair-sized Class III wetland along the
western edge of the property. This was shown on the sketch plan and in several previous iterations
of preliminary and final plat applications, and the Board did not make any recommendations to
move or otherwise reduce development within that wetland or buffer during any of those hearings.
The applicant has also submitted a letter from a wetlands expert (see Gilman and Briggs) dated May
2006 which delineates and evaluates this Class III wetland. The wetland consultant states that the
wetlands do not degrade any of the functions and values: they are not capable of carrying enough
floodwater to make an impact, there is no evidence of erosion or erosive forces, nor do they provide
significant habitat for wildlife or fisheries.
The Board finds the report to be written as a general assessment of class III wetlands rather than a
thorough evaluation of this specific site. Still, as the applicant has also received approval from the
US Army Corps of Engineers, and the Board does not advocate any changes to the plans with
respect to this criterion and supports that the Class III impacts be permitted as part of this
application.
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.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\S D_12_02_119Til ley_Pizzagall ifina I_ffd.doc
#SD-12-02
Although this proposal is part of a larger lot, the current proposal requests development only to the
front (south) of the lot. The proposed development does not directly abut the residential properties
but rather is separated by one small lot, and the larger portion of the subject lot to the north of this
one.
The layout of the building and parking on the overall large site appears satisfactory with respect to
this criterion. The landscaping plan shows two earthen berms to the western edge of the property, on
directly adjacent to the residential district and a single family home to the northwest, and another
along the mid -western boundary.
This is a large lot for which development is currently only proposed closest to the road. The greatest
opportunity for consideration of the above criteria shall be for portion of this lot to the north of the
proposed development which directly abuts the residential properties and the farms/open space to
the north.
The Board has reviewed these criteria and do not recommend any changes with respect to
development of this portion of the lot.
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.
Please see comments above on this matter. Again, the greatest opportunities to maximize
opportunities for contiguous open space between adjoining properties are to the northern portion of
the lot. The Board does not find that the proposed building, closest to the road and at the low point
of the land, not most immediately adjacent to the residential district or existing agricultural and open
land, jeopardizes the above criteria.
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
The Fire Chief has reviewed the plans and provided comments in letters dated December 15, 2011
and February 14, 2012. He has stated that his previous suggestions have been reflected in the
revised plans.
Specifications including sprinkler systems, alarm systems, and lock boxes must be met to the Fire
Chiefs satisfaction prior to issuance of a Certificate of Occupancy.
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 plans provide a safe access to the northern portion of the lot via the proposed access drive. The
northern lot would be easily accessed via this drive without any unsafe trespass through the parking
lot for the subject building. This is a very critical item of this review.
4
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\S D_12_02_119Tilley_Pizzagall ifinal_ffd .doc
#SD-12-02
The South Burlington Stormwater Superintendent has reviewed the plans and provided comments in
the consolidated letter from the Director of Public Works. These conditions are as follows and are
incorporated into this decision.
• The project creates greater than 1 acre of impervious area, and will need a State stormwater
permit from the Vermont Agency of Natural Resources. The project also disturbs greater than 1
acre of land and will need a construction stormwater permit from ANR.
• The DRB should require the applicant to submit copies of these permits to the City.
• Prior to the issuance of final permits, the applicant shall submit hydrologic modeling (the same as
completed for the State stormwater permit) for inclusion in the Potash Brook watershed model
maintained by the City. The applicant shall also submit a map that shows the area draining into
the new stormwater pond.
• The plans show construction of an earth berm to the northwest of the proposed building. The
applicant should confirm that this berm will not direct additional runoff onto the adjacent
property located at 50 Old Farm Road. If necessary, the berm should be modified so that it
continues to provide a visual barrier to the proposed project and directs runoff away from the
adjacent property.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
The City Engineer has reviewed the plans and provided comments.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the proposed subdivision of this property is in conformance with the South
Burlington Comprehensive Plan.
SITE PLAN REVIE W 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.
The site shows several areas of pedestrian considerations, including sidewalks around the building,
and a paved sidewalk to the street.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\S D_12_02_119Ti Iley_Pizzagall ifina I_ffd .d oc
#SD-12-02
Based on 45,000 square feet of medical office use, the proposed building will require 225 parking
spaces. 225 parking spaces are provided on site.
Chapter 14.06 of the South Burlington Land Development Regulations states the following:
Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a
building facing a public street shall be considered a front side of a
building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public
street and one or more buildings if the Board finds that one or more of the
following criteria are met. The Board shall approve only the minimum
necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of
the Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or
unstable soils that allow for parking, but not a building, to be
located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be
re -used and parking needs cannot be accommodated to the rear
and sides of the existing building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total
width of all parking areas located to the side of building(s) at the building
line shall not exceed one half of the width of all buildings) located at the
building line. Parking approved pursuant to 14.06(B)(2)(b) shall be
exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or
to the front of the building adjacent to the public street with the lowest
average daily volume of traffic. Where a lot abuts an Interstate or its
interchanges, parking shall be located to the side of the building(s) or to
the front adjacent to the Interstate. Parking areas adjacent to the
Interstate shall be screened with sufficient landscaping to screen the
parking from view of the Interstate.
The proposed parking is in full compliance with these standards.
Section 13.01(G)(5) requires that bicycle parking or storage facilities be provided for employees,
residents, and visitors to the site. A bicycle rack is shown on drawing 2 of the plans.
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.
6
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\S D_12_02_119Ti I ley_Pizzaga Ilifina I_ffd .d oc
#SD-12-02
The scale of the proposed buildings is compatible with the site and existing buildings in the area.
The height of the proposed building is two stories and 28', which does not exceed the 35' height
maximum for the district.
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 has submitted architectural renderings. The proposed building appears to look very
much like the other office buildings in the area with small changes.
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.
Again, the applicant has submitted architectural details.
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.
This report has already addressed the issue of the connection between this property and the areas of
the lot to the west and north.
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 show a proposed dumpster, adequately screened.
7
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\SD_12_02_119Tilley_Pizzagallifinal_ffd.doc
A
#SD-12-02
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 show snow storage areas for the subject property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer.
Based on $3,600,000 in construction costs, the minimum landscaping budget shall be $43,500. The
applicant has submitted an itemized landscaping budget of $53,280 in new trees and shrubs.
The City Arborist has reviewed the plans and his final set of comments state that the final set of
landscaping plans is acceptable.
The proposed parking areas contain more than twenty (20) parking spaces, and therefore should be
landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The site
plan shows some proposed landscaping on the interior of the proposed parking area. However, the
applicant should submit additional information to ensure that the requirements in Section 13.06(B)
of the Land Development Regulations are being met.
The applicant has submitted a plan showing the landscaping in the interior of the proposed parking
area. The requirements in Section 13.06(B) of the Land Development Regulations are being met as
the plans depict a 13.2% interior landscaping achievement.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed
more than 30' above ground level and the maximum illumination at ground level shall not
exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
The applicant has submitted a lighting point by point plan and lighting cut -sheets which are in
full compliance with the Land Development Regulations.
Traffic
Based on the ITE Trip Generation Manual, the proposed project is estimated to generate 155.7
vehicle trip ends during the PM peak hour.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\SD_12_02_119Tilley_Pizzagallifinal_ffd.doc
#SD-12-02
DECISION
The Development Review Board hereby approves Final Plat Application #SD-12-02 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 applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03
of the South Burlington Land Development Regulations. In addition, the grading plan shall meet
the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
5. Specifications including sprinkler systems, alarm systems, and lock boxes must be met to the
Fire Chief s satisfaction prior to issuance of a Certificate of Occupancy.
6. The project creates greater than 1 acre of impervious area, and will need a State stormwater
permit from the Vermont Agency of Natural Resources. The project also disturbs greater than
1 acre of land and will need a construction stormwater permit from ANR. The applicant shall
submit copies of these permits to the City prior to issuance of a zoning permit.
7. Prior to the issuance of a zoning permit, the applicant shall submit hydrologic modeling (the
same as completed for the State stormwater permit) for inclusion in the Potash Brook
watershed model maintained by the City. The applicant shall also submit a map that shows
the area draining into the new stormwater pond.
8. The plans show construction of an earth berm to the northwest of the proposed building. The
applicant shall ensure that this berm will not direct additional runoff onto the adjacent
property located at 50 Old Farm Road. If at any time necessary, the berm should be modified
so that it continues to provide a visual barrier to the proposed project and direct runoff away
from the adjacent property.
9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
10. 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.
11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior
to the use or occupancy of the building.
9
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\SD_12_02_119Tilley_Pizzagall ifina I_ffd .doc
#SD-12-02
12. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the change in use will generate
155.7 additional vehicle trip ends during the P.M. peak hour.
13. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
14. Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be
placed more than 30' above ground level and the maximum illumination at ground level shall
not exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land
Development Regulations, indirect glare produced by illumination at ground level shall not
exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. All lighting
shall be shielded and downcast.
15. The final plat plan (Sheet #1) 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.
16. The mylar shall be recorded prior to permit issuance.
17. Prior to permit issuance, the applicant shall post a $43,500 landscaping bond. This bond shall
remain in full effect for three (3) years to assure that the landscaping has taken root and has a
good chance of survival.
Tim Barritt—lea/nay/abstain/not present
Mark Behr — Lea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley—_lea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — La/nay/abstain/not present
Application approved by a vote of 5 — 0 — 0
Signed this 201h day of March 2012, by
Digitally signed by Mark C. Behr
Mark C . Behr Arc Architect
Mark C. Behr, il=mar rd Henry Behr
Architect P.C., ou, email=mark@rhbpc.com,
c=US
Date: 2012.03.2016:32:45 -04'00'
Mark Behr, Chairman
10
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\SD_12_02_119Tilley_Pizzagallifinal_ffd.doc
i
#SD-12-02
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be
mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street,
South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental
Division at 802-828-1660 or hqp://vermontjudiciM.org/GTC/enviromnental/default.aspx for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
11
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\2.21.12 Meeting
Decisions\SD_12_02_119Tilley_Pizzagallifinal_ffd.doc