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HomeMy WebLinkAboutSD-07-56 SD-07-57 - Decision - 0185 Tilley Drive#SP-08-95 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PIZZAGALLI PROPERTIES, LLC - 185 TILLEY DRIVE SITE PLAN APPLICATION #SP-08-95 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 10,125 sq. ft. medical office building. The amendment consists of: 1) relocating the electrical transformer, and 2) constructing a landscape patio, 185 Tilley Drive. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a previously approved plan for a 10,125 sq. ft. medical office building. The amendment consists of: 1) relocating the electrical transformer, and 2) constructing a landscape patio, 185 Tilley Drive. 2. The owner of record of the subject property is Eastern View, LLC. 3. The subject property is located in the Industrial & Open Space (10) Zoning District. 4. The application was received on September 26, 2008. 5. The plan submitted consists of a 12 page set of plans, page two (2) entitled, "Mountain View Office Park Lot 1 Site Development", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 5/29/07, last revised on 9/22/08. DIMENSIONAL REQUIREMENTS 6. Building coverage is remaining the same at 6.2%. Overall coverage is increasing from 22.9% to 23.7%. Front yard coverage is remaining the same at 5.9%. All coverage requirements are being met. 7. Setback requirements are being met. SITE PLAN REVIEW STANDARDS Vehicular access 8. Access is provided via a curb cut off Tilley Drive. - 1 - #SP-08-95 Circulation 9. Circulation on the site is adequate Parking 10. Parking is located on the side and rear of the building. No parking changes are proposed. 11. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle parking shall be provided on the subject property. A bicycle rack is shown on the plan. 12. Pursuant to Section 13.01(B) of the Land Development Regulations, internal landscaping of the parking area does not apply to this application. Landscaping 13. The applicant is proposing a patio with landscaping. The applicant is proposing new landscaping and a chain link screening fence around the relocated transformer. 14. Pursuant to Section 13.06(B)(7) of the Land Development Regulations, snow storage areas must be shown on the plan. The plan does indicate the snow storage area. Outdoor Lighting 15. There are no changes to outdoor lighting proposed. Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the following review standards shall apply to site plan applications: Traffic 16. Traffic will not be affected as a result of this application. (a) The relationship of the proposed development to goals and objects set forth in the City of South Burlington Comprehensive Plan. 17. The Comprehensive Plan states that the City should encourage development while protecting natural resources and promoting a healthy and safe environment. The proposed project is in keeping with the recommended actions of the Comprehensive Plan. (b) 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. 18. The building is existing and no changes are proposed. -2- #SP-08-95 (c)Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 19. As noted above, parking is located on the rear and side of the building. No changes are proposed. 20. As noted above, a bicycle rack location is noted on the plan. (d) 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. 21. The building is existing and no changes are proposed. (e) Newly installed utility service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 22. The plan does not indicate a change in utility service. (0 The combination of common materials and architectural characteristics, landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings or different architectural styles shall be encouraged. 23. The building is existing and no changes are proposed. (g) 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. 24. The building is existing and no changes are proposed In addition to the above general review standards, site plan applications shall meet the following specific standards set forth in Section 14.07 of the Land Development Regulations: (a) 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 25. The reservation of land is not necessary. (b) 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. 26. As noted above, there are no changes to utility service with this application. -3- #SP-08-95 (c) 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). 27. Pursuant to Section 13.06(C)(1) of the Land Development Regulations, screened dumpster locations must be shown on the plans. The screened dumpster location is shown on the plan. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves Site Plan Application #SP-08-95 of Pizzagalli Properties, to amend a previously approved plan for a 10,125 sq. ft. medical office building. The amendment consists of: 1) relocating the electrical transformer, and 2) construct a landscape patio, 185 Tilley Drive. 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. 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. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this 1� day of o,1/ v W. , 2008 by r Raymond J. Belair, Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $111 filing fee and be filed within 15 days of the date of this decision. M #SD-07-56 #SD-07-57 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PIZZAGALLI — LOT 1 PRELIMINARY PLAT APPLICATION #SD-07-56 FINAL PLAT APPLICATION #SD-07-57 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting preliminary and final plan approval to construct a 10,125 sq. ft. medical office building, 185 Tilley Drive. The Development Review Board held a public hearing on Tuesday, October 2, 2007. 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 The applicant is requesting preliminary and final plan review to construct a 10,125 sq. ft. medical office building, 185 Tilley Drive. 2. The same project received site plan approval on July 10, 2007. Staff learned that the subject parcel was re -zoned from Mixed Industrial & Commercial to Industrial & Open Space just prior to the application for site plan review. The 10 District requires that the application be reviewed as a subdivision. The applicant has agreed to re -file the application to ensure that the proposed project is free of defects. Additionally interesting, the site plan review in July 2007 included subdivision criteria. Therefore, this application has already been deemed to meet the necessary requirements and was received favorably by the Development Review Board. 3. The owner of record of the subject property is Pizzagalli Properties, LLC. 4. The subject property is located in the Industrial & Open Space (10) Zoning District. 5. The plans submitted consist of a 12 page set of plans, page two (2) entitled, "Mountain View Office Park Lot 1 Site Development", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 5/29/07, last revised on 8/2/07. - 1 - #SD-07-56 #SD-07-57 Zoning District & Dimensional Requirements Table 1. Dimensional Reauirements IC Zoning District I Required Proposed Min. Lot Size 40,000 SF 4.01 acres Max. Building Coverage 40% 5.7% �l Max. Overall Coverage 70% 22.9% �l Max. Front Yard Coverage 30% 5.9% �l Min. Front Setback 30 ft. >50 ft. �l Min. Side Setback 10 ft. >35 ft. �l Min. Rear Setback 30 ft. >50 ft. 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 City of South Burlington Water Department Superintendent has reviewed the plans and provided comments in a letter dated September 17 2007. Previous issues with the location of the proposed water line within the ROW and the location of the hydrant have been resolved. 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 applicant should apply and receive final waste water allocation approval prior to issuance of a zoning permit. The City Engineer had reviewed the previous plans and provided comments in a memo dated June 28, 2007. The applicant has since made all changes per the comments. No additional changes are needed. -2- #SD-07-56 #SD-07-57 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 applicant has submitted a sufficient erosion control plan. These plans shall be followed during construction. 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 access drive (narrowed from an 80 foot curb -cut) off of Tilley Drive. This is a sufficient access width for office use. A portion of this access drive follows along a proposed City Street. Once the City Street is constructed, the access drive will be off this new street, in which case the street address will change. The 10,125 square feet of medical office use is estimated to generate 37.2 pm peak hour vehicle trip ends. Condition #12 of the five (5) lot subdivision, of which this is lot #1, requires a trip generation and traffic analysis including turning movement analysis to be constructed as part of the review of the fourth building. This proposal is for the third 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 that the applicant submitted depict Class II wetlands on the subject property. There are no encroachments proposed in the wetlands or its associated 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. The proposed project is in keeping with the planned development patterns of the IC Zoning District. 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. The open space area proposed on the subject property is the Class II wetlands located on the eastern portion of the property. This is a sizeable area and the Board finds it sufficient to meet this criterion. 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 South Burlington Fire Chief has reviewed the plans and provided comments in a letter dated June 14, 2007. -3- #SD-07-56 #SD-07-57 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 submitted include two lines which indicate the existing and proposed ROW for the future access road from the future highway exit ramp hereafter referred to as "exit 12B." The existing ROW is 60 feet and the proposed ROW is 100 feet. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. 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 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. 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. Pursuant to Section 13.01(B) of the Land Development Regulations, and based on medical office use, the proposed project will require 50 parking spaces, including 2 handicapped - accessible parking spaces. The plans depict 50 parking spaces, including 2 handicapped - accessible. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This site is extremely difficult to assess with respect to this criterion. The lot is considered a corner lot because of the possibility of a future access road across the western edge of the property. The only way to meet this criterion in full would be to locate the building at the southeastern corner of the lot and place the parking to the rear, adjacent to the wetlands. The Board has in the past been very ardent in the enforcement of this criterion. However, the Board finds that the plan submitted by the applicant does indeed meet the criterion of "the greatest extent practical" given the layout of the site. The Board agrees that it would be best to have the building located adjacent to the wetlands and not the parking. The future use of the building is proposed to include a health and wellness center. It would be in the BEI! #SD-07-56 #SD-07-57 best interest of patients needing these services to be closer to the serenity offered by the wetlands than the potentially busy access ramp from the interstate. The Board previously discussed the layout of the site and determined that the parking was appropriately located. 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 one story and 14', 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 has submitted sufficient building elevations. The proposed building will be very similar to the existing buildings in the subdivision. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has submitted sufficient building elevations. The proposed building will be very similar to the existing buildings in the subdivision. 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 issue of the future city street has already been discussed. No other measures are necessary. 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. -5- #SD-07-56 #SD-07-57 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 depict a proposed enclosed dumpster at the north side of the building. 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 should show snow storage areas for the subject property. The plans depict a large snow storage area to the southern edge of the parking lot. This is sufficient. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the South Burlington Land Development Regulations. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. Based on estimated construction costs of $1,430,000 the site shall include a minimum landscaping budget of $21,800. The applicant has submitted a proposed landscaping budget of $21,910. The City Arborist has reviewed the plans and provided comments in a memo dated June 20, 2007. The plans have since been revised accordingly and the City Arborist has stated that they are 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 proposed landscaping in the interior of the proposed parking area. Furthermore, the applicant has present a plan which offers screening of the front parking lot from both roadways 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. #SD-07-56 #SD-07-57 All lighting shall be shielded and downcast. The applicant has submitted a lighting point by point plan and lighting cut -sheets which are sufficient. DECISION Motion by ` �-� Q�f�1/�l�✓ seconded by o6 �fJX 6E to approve Preliminary Plat Appli ation #SD-07-56 and Final Plat Application #SD-07-57 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 plans 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. a. Site plan sheet S-1 shall be revised to remove all references to the Mixed Industrial & Commercial District. This entire property is located in the Industrial and Open Space District. 4. The applicant shall adhere to the comments of the City of South Burlington Water Department Superintendent per the letter dated September 17, 2007. 5. The applicant should apply and receive final waste water allocation approval 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 comments of the South Burlington Fire Chief per the letter dated June 14, 2007. 8. Prior to permit issuance, the applicant shall post a $21,800 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. 9. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this project will generate 37.2 vehicle trip ends during the p.m. peak hour. 10. Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer. -7- #SD-07-56 #SD-07-57 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 12. The mylar shall be recorded prior to permit issuance 13. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 14. The final plat plan (sheet S-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. Mark Behr — ye ay/abst n/not present Matthew Birmingham —day/abstain/not present John Dinklage —yea/nay/abstain not presen e ay/abstain/not present Roger Farley — Eric Knudsen ea ay/abstain/not present Peter Plumeau — as/nay/abstai of rese Gayle Quimby —E nay/abstain/not present Motion carried by a vote of D Signed this da/y'o Qc.'r�s �� Q— 2007, by Mark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).