HomeMy WebLinkAboutSD-10-26 - Decision - 0119 Tilley Drive#SD-10-26
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES -119 TILLEY DRIVE
FINAL PLAT APPLICATION #SD-10-26
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting final plat
approval for a planned unit development to construct a 50,000 sq. ft. general office
building, 119 Tilley Drive.
The Development Review Board held a public hearing on September 7, 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. Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting final
plat approval for a planned unit development to construct a 50,000 sq. ft. general office
building, 119 Tilley Drive.
2. The owner of record of the subject property is Pizzagalli Properties, LLC.
3. The application was received on August 4, 2010.
4. The subject property is located in the 10 Zoning District.
5. The plan submitted consists of a 22-page set of plans, page two (2) entitled "Mountain
View Office Park Lot 6 Site Development Overall Site Plan," prepared by Donald L.
Hamlin Consulting Engineers, Inc., dated 10/26/2009, last revision 7/21/2010
Zoning District & Dimensional Requirements
Table 1. Dimensional Reauirements
10 Zoning District
Required
Proposed
�l Min. Lot Size
3 acres
13.5 acres
Max. Building Coverage
30%
4.2 %
Max. Overall Coverage
50%
22 %
Max. Front Yard Coverage
30%
21.6 %
Min. Front Setback
50 ft.
>50 ft
�l Min. Side Setback
35 ft.
>35 ft
�l Min. Rear Setback
50 ft.
>50 ft
Max. Building Height
35 ft.
28 ft.
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4 zoning compliance
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 Water Department has reviewed earlier plans and provided comments in a letter dated
December 11, 2009. The South Burlington Director of Public Works has reviewed the
newest plans and finds that the previous comments from the Water Department should
remain in effect.
According to Section 15.13 of the South Burlington Land Development Regulations, the
sub -divider 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/Director of Public Works has reviewed the plans and provided
comments in a letter dated June 8, 2010. This letter also incorporates comments from the
City Stormwater Superintendent and City Arborist.
Final wastewater allocation is established (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 project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to the subject lot is proposed via a 25 foot wide curb cut from Tilley Drive, aligned
with an existing curb cut to the south. The applicant proposes that this curb cut would
service both of the larger lots of the 2-lot subdivision to which this lot belongs.
The applicant has carefully considered previous concerns by the Board that the western
most curb cut is too close to the Tilley Drive/Hinesburg Road intersection and could not
handle the queuing of vehicles that the additional buildings would create and the
connection of Tilley Drive to the interstate via the proposed ramp or connection to
Community Drive. The Board finds that the applicant has sufficiently addressed these
concerns with the current plans.
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
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movement analysis to be submitted as part of the review of the fourth building. This
condition shall 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 is the fourth building. The applicant has submitted this analysis. The technical review
of the traffic study and comments were received on January 28, 2010 from the Board's
consultant (memo from RSG Inc).
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 depict a large area of wetlands located at the western property line, a small
wetland near the northwest property line, and a much smaller wetland near the southeast
property line. The plans include the 50 foot buffer around the largest area, impacted by the
most amount of pavement. The applicant states that there is proposal to encroach on .26
acres of Class III wetland, and .81 acres of Class III wetland buffer.
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 fully assess compliance with this criterion as the subject lot does not directly
abut the residential properties but rather is separated by one small lot, and the narrow
portion of a larger lot to the north of this one. The layout of the building and parking on the
site appears to be in partial compliance with respect to this criterion, as it sits roughly
centered on the lot. Further assessment of this criterion at the time of or when development
is proposed for the rear portion of the lot to the northern portion of this property which
directly abuts the residential properties and the farms/open space to the north is required.
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.
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 reviewed the plans and provided comments in a letter dated June 11, 2010.
He was previously concerned about the number and location of the fire hydrants. This has
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been addressed in the plans. As of the date of this staff notes, the Fire Chief has not
provided updated comments.
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.
This issue is addressed above
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 final plat plans and provided comments.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
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.
The proposed site layout adequately provides for a safe and desirable transition from
structure to structure, site to site, site to structure. There are several sidewalks and
walkways throughout the site, as well as a connection to an existing recreation path along
Tilley Drive.
Based on 50,000 square feet of general office use, the proposed building will require 175
parking spaces. 246 parking spaces are proposed on site. Although the applicant has not
proposed medical office use, calculations have been evaluated (at full medical office use)
as being a minimum of 250 parking spaces. Given the predominant use of medical office in
the surrounding park, this may be an appropriate level of parking that would require the
applicant to come back to the DRB for a parking space waiver of four (4) spaces or 1.6% if
100% of the building were used for medical office use.
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 the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Some of the proposed parking on site does not comply with this criterion; an alternative
solution has been accepted.
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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 building is compatible with the site and existing buildings in the
area. The height of the proposed building is two stories and 28', which is under the 35'
height maximum for the City.
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 buildings in the surrounding subdivision are all very cohesive and complementary,
without being carbon copies. Buildings meet this criterion.
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.
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.
Connection between this property and the lot to the rear has been addressed.
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 screened dumpster to the western portion of the lot
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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. Show snow storage areas are shown 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. The applicant has submitted a landscape plan
and budget as part of the final plat plan application. Based on estimated building costs of
$4,250,000, the minimum required landscaping is $50,000. The applicant is proposing
$50,310 in acceptable landscaping (defined by the SBLDR as trees and shrubs).
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 applicant has submitted a plan to attempt to show that the requirements in Section
13.06(B) of the Land Development Regulations are being met. The landscaping islands
must be entirely internal to the parking area and meet the 10% minimum. However,
several areas of the plan which are being counted as internal, landscaped greenspace
are not such at all. They are either sidewalks, pavement areas, or even a concrete chiller
pad. This requirement is not being met based on the plan submitted.
The City Arborist has reviewed the plans and provided comments as part of the memo
from the Director of Public Works.
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 with submission of the site plan application. They
meet the lighting requirements of the SBLDR.
OTHER
The applicant is proposing to locate a chiller pad with fence in the wetland on the
western edge of the property, and has moved it to an acceptable area.
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DECISION oo
Motion by �-� seconded by/.'ow
C�/J
to approve Fin I Plat Application SD-10-26 of Pizzagalli Properties, LLC., dubject 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 adhere to the comments of the City of South Burlington Water
Department per the letter dated December 11, 2009.
4. The applicant shall adhere to the comments of the City Engineer and Department of
Public Works per the letter from Justin Rabidoux dated June 8, 2010.
5. The applicant shall obtain final wastewater allocation prior to issuance of a
zoning permit.
6. 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.
7. The applicant shall adhere to the recommendations of the consultant based on the
letter from RSG Inc. dated January 28, 2009.
8. The applicant shall adhere to the comments of the South Burlington Fire Chief per the
letter dated June 11, 2010, with the exception of item number 6 which has already
been addressed.
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 plat shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording.
10a. The final plat plans shall be revised to show all ground mounted HVAC units,
generators, and utility cabinets, labeled as such.
10b. The "Parking Islands Plan" shall be revised to eliminate non -green areas in the
island calculations.
11. 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.
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12. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the new building will
generate � additional vehicle trip ends during the P.M. peak hour.
13. Prior to permit issuance, the applicant shall post a $50,000 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.
14. All new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation.
15. The mylar shall be recorded prior to permit issuance.
16. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the building.
17. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
18. The final plat plan (Overall Site Plan) 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.
Mark Behr ye /nay/abstain/not present
Matthew Birmingham -0/nay/abstain/not present
John Dinklagetna
ay/abstain/not present
Roger Farley -y/abstain/not present
Eric Knudsen -ay/abstain/not present
Gayle Quimby ay/abstain/not present
Bill Stuono - yabstain/not present
Motion carried by a vote of 6 - I - U
Signed this day of 2010, by
j 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 $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).
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