HomeMy WebLinkAboutSD-09-51 - Decision - 0119 Tilley Drive#SD-09-51
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES, LLC — 119 TILLEY DRIVE
PRELIMINARY PLAT APPLICATION #SD-09-51
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting
preliminary 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 December 15, 2009; February
2, 2010; March 16, 2010; April 6, 2010; and June 15, 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
preliminary 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 November 6, 2009.
4. The subject property is located in the Industrial Open Space Zoning District.
5. The plan submitted consists of a 19 page set of plans, page two (2) entitled,
"Mountain View Office Park Lot 6 Site Development", prepared by Donald L. Hamlin
Consulting Engineers, Inc., dated 10/26/2009, last revised on 5/2/2010.
Zoning District & Dimensional Requirements
Table 1. Dimensional Rearuiremenfs
IO Zoning District
Required
Proposed
Min. Lot Size
3 acres
13.5 acres
Max. Building Coverage
30%
4.2 %
Max. Overall Coverage
50%
22.1 %
Max. Front Yard Coverage
30%
21.6 %
Min. Front Setback
50 ft.
>50Efft
Min. Side Setback
35 ft.
>35Min.
Rear Setback
50 ft.
>50Max.
Building Height
35 ft.
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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
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/Director of Public Works has reviewed the plans and provided
comments in a letter dated June 8, 2010 from Justin Rabidoux. This letter also
incorporates comments from the City Stormwater Superintendent and City Arborist.
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 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 both Staff and 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
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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
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 has submitted this analysis. The Board
invoked a technical review of the traffic study and comments were received on January
28, 2010 from the Board's consultant, 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 sketch plan references an area of wetlands located at the western access drive, a
small wetland near the northwest property line, and a much smaller wetland near the
southeast property line. The plans do not include the 50 foot buffer around the largest
area, impacted by the access drive. If there are other wetlands on site, the applicant
shall provide a full delineation as part of the preliminary plat 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.
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. The Board will further assess this criterion at the time if
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.
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.
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Please see Board 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 has submitted written comments dated 6/11/2010.
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 Board has addressed this issue 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 Board has already noted that the City Engineer has reviewed the preliminary plat
plans and provided comments.
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.
The Board finds that 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.
The applicant shall provide for some safe pedestrian passage to the northerly
undeveloped area at such time as the northerly area is developed. This could be as
simple as a hatched walkway across the rear of the lot, connecting to the walkway which
goes around the eastern portion of the building, or could include a sidewalk along the
new driveway.
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
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not proposed medical office use, staff has evaluated those calculations (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. The
Board should discuss the 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 not 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.
There is an entire row and a half of parking along Tilley Drive, between the building and
the road. Although some parking has been permitted to the fronts of other buildings in
the development, the reasoning behind that decision was to mitigate the sea of parking
that would be viewed from another important public right of way- Interstate 89. The
Board has previously discussed the proposed parking layout and has voiced general
agreeability with allowing parking to the front of the building, as shown in the proposed
plan.
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 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 applicant previously submitted a rendering of one side of a building. However, the
rendering did not match up with the layout of the building as shown on the site plan.
Perhaps the applicant's intent is to show the general design and materials of the
building. The buildings in the surrounding subdivision are all very cohesive and
complementary, without being carbon copies. They are all attractive buildings which
meet this criterion. However, the Board previously asked that the applicant provide
renderings of all four sides of the building to make a better assessment. The applicant
should do this.
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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 should submit architectural details.
r.
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 lot to the rear.
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).
There appears to be a screened dumpster to the western portion of the lot. A note on the
plans could clarify this. Furthermore, although the wetland buffer is not shown on the
plans, it would appear that the proposed dumpster lies within a 50 foot buffer of the
wetland.
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 but give no regard to the proposed landscaping on the property or a potential
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future access drive to the abutting 1 acre lot. There are trees and shrubs proposed in
areas where snow storage areas are proposed. The plans should be revised to include
more appropriate areas for snow storage.
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 in compliance with Section 13.06 of the SBLDR as part of
the preliminary plat plan application. Based on estimated building costs of $4,000,000,
the minimum required landscaping should be $47,500. The applicant previously
proposed $57,387 in landscaping (itemization dated October 27, 2009). However, the
landscaping plans have since changed. The applicant should submit an updated budget
itemization for proposed landscaping.
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 should submit a plan which indicates 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.
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.
The applicant is proposing to locate a chiller pad with fence in the wetland on the
western edge of the property. The Board has considered this proposed location.
DECISION
Motion by c--., L� ��►rh seconded by
to approve Prel urinary Plat Application #SD-09-51 of Pizzagalli Properties, LLC subject
to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended
herein.
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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 plat shall be revised to show the changes below prior to final plat submission:
a. The plans shall be revised to include all wetlands on site; the wetlands shall
be identified by class, and shall include a 50 foot buffer, also shown on the
plans. The applicant shall also list the square footage of proposed impact.
b. The plans shall be revised to depict a bicycle rack.
c. The plans shall be revised to include appropriate snow storage areas as part
of the final plat application.
d. The plans shall include a note indicating that the dumpsters are screened on
all four sides.
e. The plans shall be revised to comply with the plan changes requested by the
Fire Chief in a letter dated 6/11/2010.
f. The plans shall be revised to relocate the chiller outside of the wetland.
g. The final plat plans shall be revised to show all ground mounted HVAC units,
generators, and utility cabinets, labeled as such. Adequate landscaping shall
be provided around these units.
4. The applicant shall adhere to the comments of the City of South Burlington Water
Department per the letter dated December 11, 2009.
5. The applicant shall address the questions and concerns of the City Engineer and
Department of Public Works per the letter from Justin Rabidoux dated June 8, 2010.
6. The applicant shall obtain preliminary wastewater allocation prior to final plat
approval and final wastewater allocation prior to issuance of a zoning permit.
7. 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.
8. The applicant shall adhere to the recommendations of the consultant based on the
letter from RSG Inc. dated January 28, 2009
9. The applicant shall adhere to the comments of the Fire Chief in a letter dated
6/11 /2010.
10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
11. The applicant shall submit architectural details of all sides of the building as part of
the submission of the final plat application.
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11. The applicant shall submit architectural details of all sides of the building as part of
the submission of the final plat application.
12. The applicant shall submit an updated and accurate budget itemization for proposed
landscaping costs.
13. The landscaping plan shall be submitted to include a minimum of 10% of the internal
parking area as landscaped islands in accordance with Section 13.06E of the LDRs.
14. The applicant shall adhere to the comments of the South Burlington City Arborist,
dated 6/8/2010.
15. The final plat application shall be submitted within 12 months.
Mark Behr — yea/nay/abst ' not present
Matthew Birmingh e /nay abstain/riot present
John Dinklage -Wnay abstain/not present
Roger Farley —tna
y/abstain/not present
Eric Knudsen —ay/abstain/not present
Gayle Quimbyay/abstain/not present
Bill Stuono — yabstain/not present
Motion carried by a vote of
Signed this 'j, j day of 2010, by
John Dinklage, Chairman
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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