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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).