HomeMy WebLinkAboutSD-08-40 - Decision - 0192 Tilley Drive#SD-08-40
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES, LLC - LOT 4 -192 TILLEY DRIVE
FINAL PLAT APPLICATION #SD-08-40
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting final plat
approval to amend a previously approved planned unit development consisting of 54,324
sq. ft. (52,250 sq. ft. usable) medical office building. The amendment consists of
constructing a 1350 sq. ft. single story addition to house an MRI machine, 192 Tilley
Drive.
The Development Review Board held a public hearing on Tuesday, August 19, 2008.
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 final plat approval to amend a previously approved
planned unit development consisting of 54,324 sq. ft. (52,250 sq. ft. usable)
medical office building. The amendment consists of constructing a 1350 sq. ft.
single story addition to house an MRI machine, 192 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 an eight (8) page set of plans, page two (2)
entitled, "Mountain View Office Park Lot 4 MRI Addition", prepared by Donald L.
Hamlin Consulting Engineers, Inc., dated 7/14/08.
- 1 -
#SD-08-40
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District
I Required
Proposed
�l Min. Lot Size
3 acres
14.43 acres
Max. Building Coverage
30%
4.3%
�l Max. Overall Coverage
50%
19.1 %
Min. Front Setback
50 ft.
>50 ft.
�l Min. Side Setback
35 ft.
>35 ft.
�l Min. Rear Setback
50 ft.
>50 ft.
�l 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 South Burlington Water Department reviewed the plans
and stated that they have no additional comments.
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 has no comments.
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 grading and erosion control plans. The Board finds them to be
acceptable for erosion control.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
There is no change to the existing access to the subject property, which is via a 25' wide
curb -cut off of Tilley Drive which is proposed to be shared with access to 194 Tilley Drive.
This is a sufficient access width for this use.
The addition would generate an additional 5.02 pm peak vehicle trip ends.
-2-
#SD-08-40
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 both Class II and Class III wetlands on the
subject property. There are no additional encroachments proposed in the wetlands.
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 10 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 western 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 Fire Chief has approved of the newly proposed parking scheme and access.
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.
There are no changes to this criterion.
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 has already been noted that the City Engineer has reviewed the plans and has no
comments for this application.
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 application is in conformance with the South Burlington Comprehensive
Plan.
-3-
#SD-08-40
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, the proposed project
will require 279 parking spaces for medical office use, including 6 handicapped -accessible
parking spaces. The plans depict 236 parking spaces. Therefore, the applicant is
requesting a parking waiver of 43 parking spaces, or 10.4%. Staff supports this waiver.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
There are no changes proposed with respect to this criterion. No additional parking is
proposed as part of this application.
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 addition is 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 proposed addition will match the architecture of the existing building.
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.
-4-
#SD-08-40
Again, this is in compliance with existing architecture.
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 applicant does show an access to the easterly property, noted on the overall site plan
as 194 Tilley Drive, to facilitate a possible future connection.
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. Notes on the site plan describe the dumpster as
"screened and fenced."
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.
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.
The applicant has submitted a landscape plan and budget as part of the preliminary plat
plan application. Given the proposed building cost of $1,000,000 the minimum landscaping
required in compliance with Section 13.06 of the SBLDR shall be $17,500. The applicant
has included a proposed budget of $17,070. Given that the existing building has already
met with considerable landscaping costs, the Board finds this amount to be acceptable and
grants a landscaping cost waiver of the $430.00.
-5-
#SD-08-40
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 on the interior of the proposed
parking area. The applicant has submitted information to ensure that the requirements in
Section 13.06(B) of the Land Development Regulations are being met. Specifically, a
minimum of 10% of the interior of the proposed parking lot shall be landscaped islands
planted with trees, shrubs, and other plants. The applicant is proposing 13.1 % to be
landscaped.
The South Burlington City Arborist reviewed the previous plans and provided comments
in a memo dated January 6, 2006. He has reviewed the newly proposed landscaping
plans and finds them acceptable.
Pursuant to Section 13.06 (B)(7) of the Land Development Regulations, snow storage
areas must be shown on the plans. The snow storage areas shown are acceptable in
number and location.
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 revised lighting point by point plan. This is sufficient and
in compliance with the South Burlington Land Development Regulations.
The applicant has submitted lighting cut sheets for the property. These are sufficient.
Other
The subject property is located within the Airport Approach Cone and shall be subject to
the standards set forth in Section 13.03 of the South Burlington Land Development
Regulations.
IftTO T14riW
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-08-40 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.
M
#SD-08-40
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. The plans shall be revised to indicate that the new chiller will be screened
by a fence.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
5. The Development Review Board grants a parking waiver of 43 spaces, or 10.4% for
a total of 236 spaces.
6. The Development Review Board grants a $430 credit for existing landscaping.
7. Prior to permit issuance, the applicant shall post a landscaping bond in the
amount of $17,017. 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.
8. 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 5.02 additional vehicle trip ends during the p.m. peak hour.
9. The subject property is located within the Airport Approach Cone and shall be
subject to the standards set forth in Section 13.03 of the SBLDR.
10. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
11. The final plat plan (C-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 yea/nay/abstain/not present
Matthew Birmingham_ — yea/nay/abstain/not present
John Dinklage — e 'nay/abstain/not present
Roger Farley — e nay/abstain/not present
Eric Knudsen — ea/nay/abstain/no_present
Peter Plumeau — yea/nay/abstain/notpresent
Gayle Quimby — ea/nay/abstain/not present
Motion carried by a vote of lSJ - �
Signed this--,?, -)-day of 2008, by
7 John Dinklage, Chair
-7
#SD-08-40
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 $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).