HomeMy WebLinkAboutSD-11-41 - Decision - 0119 Tilley Drive#SD-11-41
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES, LLC — 119 TILLEY DRIVE
PRELIMINARY PLAT APPLICATION #SD-11-41
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking preliminary
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 December 20, 2011. 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 preliminary
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 October 25, 2011
4. The subject property is located in the Industrial Open Space Zoning District.
5. The plan submitted consists of a 20 page set of plans; page two entitled "Mountain
View Office Park Lot 6 Site Development" prepared by Donald L. Hamlin Consulting
Engineers Inc, dated 9/16/11.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
IO Zoning District
Required
Proposed
Min. Lot Size
3 acres
13.53 acres
Max. Building Coverage
30%
3.8%
Max. Overall Coverage
50%
21.6%
Min. Front Setback
50 ft.
>50 ft.
Min. Side Setback
35 ft.
>35 ft.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11_41_119TilleyDrive_ffd.doc
#SD-11-41
Min. Rear Setback 150 ft. 1 >50 ft.
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
December 5, 2011.
The applicant shall address the comments of the City Engineer per the letter dated
December 5, 2011. Where necessary, the plans shall be revised prior to final plat approval.
The applicant shall obtain preliminary wastewater allocation prior to final plat approval and
final 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.
2
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11_41_119TilleyDrive_ffd.doc
#SD-11-41
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.
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).
As this is a new application, the Board may require the study again. However, given that the
size of the proposal has not changed, and that the conditions in the vicinity have not
changed, the Board fords that the previous study and subsequent technical review is
permitted to stand in this application, if the applicant so wishes.
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,
attached) 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 as the Board has had ample
opportunity but not ever previously given any guidance or made any requests to the
applicant to avoid the impacts, the Board does not advocate or support any changes to the
plans with respect to this criteria and supports that the Class III impacts be permitted as part
of this application.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\S D_11 _41 _119TilleyDrive_ffd.doc
#SD-11-41
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.
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 will continue to review this property with respect to the criteria outlined in
Section 15.18 B of the South Burlington Land Development Regulations.
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.
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
4
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11 _41 _119TilleyDrive_ffd.doc
#SD-11-41
The Fire Chief has reviewed the plans and provided comments in a letter dated December
15, 2011. He is recommending that one of the fire hydrants be moved or otherwise be
outside of a snow storage area. This should be addressed. There are additional standards
that must be met with the construction of the building, including sprinkler and alarm
systems.
The applicant should address the concerns of the South Burlington Fire Chief per the letter
dated December 15, 2011. Other 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. It appears that 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.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
It is already noted that 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 feels 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.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11 _41_119TilleyDrive_ffd.doc
C
#SD-11-41
The site shows several areas of pedestrian considerations, including sidewalks around the
building, and a paved sidewalk to the street.
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
building(s) 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 buildings) 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.
C
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_1 1_41_119TilleyDrive_ffd.doc
#SD-11-41
The proposed parking is in full compliance with these standards.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are 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.
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
28' 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.
The Board has already addressed the issue of the connection between this property and the
areas of the lot to the west and north.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11_41_119TilleyDrive_ffd.doc
#SD-11-41
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.
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. His comments are incorporated into the December
5, 2011 letter from the Director of Public Works.
The applicant shall adhere to the comments of the City Arborist. Where necessary, the plans
shall be revised prior to final plat submittal.
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.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11_41_119TilleyDrive_ffd.doc
#SD-11-41
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.
DECISION
Motion by Joe Randazzo, seconded by William Stuono, to approve Preliminary Plat
Application #SD-11-41 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 preliminary wastewater allocation prior to final plat
approval and 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
6. The applicant shall adhere to the recommendations of the traffic consultant based on the
letter from RSG dated January 28, 2009.
7. The applicant shall address the comments of the City Engineer per the letter dated
December 5, 2011. Where necessary, the plans shall be revised prior to final plat
approval.
9
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11_41_119TiIleyDrive_ffd.doc
#SD-11-41
8. The applicant shall adhere to the comments of the City Arborist. Where necessary, the
plans shall be revised prior to final plat submittal.
9. The applicant shall address the concerns of the South Burlington Fire Chief per the letter
dated December 15, 2011. Other 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.
10. The plat shall be revised to show the changes below prior to final plat submission:
a. Where necessary, the plans shall be revised based on the comments of the
City Engineer
b. Where necessary, the plans shall be revised based on the comments of the
Fire Chief
c. Where necessary, the plans shall be revised based on the comments of the
City Arborist.
11. The final plat application shall be submitted within 12 months.
Tim Barritt—_Xel/nay/abstain/not present
Mark Behr —lea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Joe Randazzo—,yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono —yea/nay/abstain/not present
Motion carried by a vote of 5 — 0 — 0
Signed this 21" day of December 2011, by
Digitally signed by Mark C. Behr
Mark C. Behr h cn=Madc C. Behr, o=Richard Henry
Behr Architect P.C., ou,
email=mark@rhbpc.conb c=US
Date: 2011.12.21 13:30:36 -0S'00'
Mark Behr, Chairman
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 http://vennontiudiciM.org/GTC/environmental/default.aspx for
more information on filing requirements, deadlines, fees and mailing address.
10
C:\Documents and Settings\Mark C. Behr\My Documents\South Burlington DRB\12.20.11 Meeting
Decisions\SD_11_41_119TilleyDrive_ffd.doc
#SD-11-41
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\12.20.11 Meeting
Decisions\SD_11 _41 _119Ti I IeyDrive_ffd.doc