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HomeMy WebLinkAboutSP-07-42 - Decision - 0185 Tilley Drive#SP-07-42 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PIZZAGALLI PROPERTIES — 185 TILLEY DRIVE SITE PLAN APPLICATION #SP-07-42 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting site plan review to construct a 10,125 sq. ft. medical office building, 185 Tilley Drive. The Development Review Board held a public hearing on Tuesday, July 10, 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 1. The applicant is requesting site plan review to construct a 10,125 sq. ft. medical office building, 185 Tilley Drive. 2. The owner of record of the subject property is Pizzagalli Properties, LLC. 3. The subject property is located in the Industrial & Open Space (10) Zoning District. 4. The plans submitted consist of a ten (10) page set of plans, page two (2) entitled, "Pizzagalli Properties, LLC P.O. Box 2009 South Burlington, Vermont 05403 Mountain View Office Park Lot 1 Site Development Site Plan", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 5/29/07. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements IC Zoning District I Required Pro osed 4 Min. Lot Size 40,000 SF 4.01 acres �l Max. Building Coverage 40% 5.7% Max. Overall Coverage 70% 22.9% �l Max. Front Yard Coverage 30% 5.9% Min. Front Setback 30 ft. >50 ft. �l Min. Side Setback 10 ft. >35 ft. Min. Rear Setback 30 ft. >50 ft. zoning compliance - 1 - #SP-07-42 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 June 19, 2007. There are issues with the location of the proposed water line within the ROW for the future highway off -ramp. There is also a concern about the location of the hydrant. The applicant should work with the South Burlington Water Department to resolve these issues and revise the plans accordingly. 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 has reviewed the plans and provided comments in a memo dated June 28, 2007. The City Engineer did not review the full set of plans as the landscape sheet was received separately. The Board should ignore comment number 2. 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. -2- #S P-07-42 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 is 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. 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. -3- #S P-07-42 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. Staff 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. Both the applicant and the Board agree 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 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. M #SP-07-42 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 addressed. 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. 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. 1672 #SP-07-42 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 applicant shall adhere to these comments. The plans shall be revised accordingly. 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. 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 /!, '`i M- '�" � 1106� seconded by to approve Site Plan Application #S -07-42 of Pizzagalli Properties, LLC, subject to the following conditions: 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. M #S P-07-42 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 permit issuance. a. The plans shall be revised to comply with the comments of the South Burlington Water Department Superintendent as outlined in a letter dated June 19, 2007. b. The plans shall be revised to comply with the comments of the City Engineer per the memo dated June 28, 2007 with the exception of item number 2. c. The plans shall be revised to comply with the comments of the City Arborist per the memo dated June 27, 2007. 4. The applicant shall adhere to the comments of the South Burlington Water Department Superintended as outlined in a letter dated June 19, 2007. 5. The applicant shall adhere to the comments of the South Burlington Fire Chief per the letter dated June 14, 2007. 7. The applicant shall adhere to the comments of the City Arborist per the memo dated June 27, 2007. 8. The applicant shall apply and receive final waste water allocation approval prior to issuance of a zoning permit. 9. 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. 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 post a $12,910 landscaping bond prior to permit issuance. 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. 12. 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. 13. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the new building. 14. Any change to the site plan shall require approval by the Development Review Board or the Administrative Officer. -7- #SP-07-42 Mark Behr — yea/nay/abstai not resen Matthew Birmingh m — ej e nay/abstain/not present John Dinklage — /nay/abstain/not present Roger Farley — /nay/abstain/not present Eric Knudsen — e nay/abstain/not present Peter Plumeau — /nay/abstain/not present Gayle Quimby — /nay/abstain/not present Motion carried by a vote of v - D - 6 Signed this 10 day ofz-� 2007, by John Dinklage, Chair 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).