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HomeMy WebLinkAboutSD-06-11 - Decision - 0192 Tilley DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING PIZZAGALLI PROPERTIES, LLC — LOT 4 — 192 TILLEY DRIVE FINAL PLAT APPLICATION #SD-06-11 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting final plat approval for a planned unit development consisting of a 54,372 sq. ft. general office building, lot #4, 192 Tilley Drive. The Development Review Board held a public hearing on March 7, 2006. 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 final plat approval for a planned unit development consisting of a 54,372 sq. ft. general office building, lot #4, 192 Tilley Drive. 2. The Development Review Board granted preliminary approval for this project on February 7, 2006. 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 15 page set of plans, page two (2) entitled, "Mountain View Office Park Lot 4 Site Development Overall Site Plan", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 12/6/05, last revised on 1 /30/06. - 1 - Zoning District & Dimensional Requirements Table 1. Dimensional Requirements 10 Zoning District 11 Required Proposed Min. Lot Size 3 acres 14.43 acres Max. Building Coverage 30% 4.3% Max. Overall Coverage 50% 19.1 % Min. Front Setback 50 ft. >50 ft. Min. Side Setback 35 ft. >35 ft. Min. Rear Setback 50 ft. >50 ft. �l Max Front Yard Coverage 30% 0% 4 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 submitted comments in a letter from Jay Nadeau dated January 7, 2006. 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. They are acceptable for erosion control. However, the area listed as a "topsoil stockpile" on the plan is located on 194 Tilley Drive and cannot be approved as part of this application. In accordance with Section 3.12 of the South Burlington Land Development Regulations, the removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. -2- The applicant has applied separately for review as a Miscellaneous Application for grading changes proposed for 194 Tilley Drive. This includes the fill stockpile, and also the stormwater detention pond, and the access drive. These changes are supported, particularly the shared access for 192 and 194 Tilley Drive, but recognizes that any grading changes to 194 Tilley Drive require separate review, approval, and permitting under the South Burlington Land Development Regulations. 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' 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 general office use. The site plan also shows space for a future connection to 194 Tilley Drive. This is acceptable. The parking and circulation layout has improved since the last appearance before the Development Review Board. Visitors to the site are presented with a clear view of the building and a sensible layout for traffic management. The South Burlington Fire Chief has reviewed this set of the plans and provided comments in a letter dated February 17, 2006. He has commented that the revised plans appear to be well designed for emergency vehicle access. Final traffic impacts have not been calculated because, per conversations with the applicant, the uses of the property have not yet been fully determined. Traffic generation shall be calculated and finalized prior to final plat approval. However, for the purposes of providing a fair estimate to interested parties, traffic estimates were calculated based on 100% use of the building as general office. This use would generate 81.01 pm peak vehicle trip ends. 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 encroachments proposed in the Class II wetlands. However, the applicant is proposing to place the building over the Class III wetland and associated buffer. In their review of the overall site plan, the Natural Resources Committee stipulated that the pavement should be reduced to the greatest extent allowable so as to minimize the impact to the wetland. The applicant appears to have avoided impacting the greatest extent of the subject property's wetlands. -3- 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 South Burlington Fire Chief's comments have been already noted above. Again, he 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. The applicant is proposing that the access drive be shared between 192 and 194 Tilley Drive. Furthermore, the plans show a connecting drive between 192 and 194 Tilley Drive. This is sufficient to satisfy 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 preliminary plat 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 subdivision of this property is in conformance with the South Burlington Comprehensive Plan. -4- 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 190 parking spaces for general office use, including 6 handicapped -accessible parking spaces. The plans depict 250 parking spaces. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. At sketch plan review, the Development Review Board voiced general approval for a plan that showed parking to the rear of the building. The applicant has since submitted a new plan which includes parking on all four sides of the building. The layout presented here in the final plat application is not in compliance with this criterion. However, the Board discussed the building layout with the applicant and advised them that a limited amount of parking may be acceptable in the front of the building with significant berming and landscaping to hide such parking. This issue was discussed at the preliminary plat hearing and the Board approved the plan as shown. 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 building 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. -5- The applicant submitted a sketch of the proposed building at preliminary plat review which met with the general approval of the Development Review Board. However, in accordance with Section 14.05(D)(4) of the South Burlington Land Development Regulations, the applicant shall also submit a set of elevations showing the proposed design and height of all structures. Because no height waiver is being requested, the applicant shall submit this information for review by the Administrative Officer prior to issuance of a zoning permit. 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 prior to the issuance of a zoning permit. 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 property to the east of the subject property is most likely going to be developed as office use. 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 received February 1, 2006 describe the dumpster as "screened and fenced." M Me 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)(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. 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 final plat plan application. Given the proposed building cost of $4,860,000 the minimum landscaping required in compliance with Section 13.06 of the South Burlington Land Development Regulations shall be $56,100. The applicant has included a proposed budget of $56,106. 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 is out of town and has not yet reviewed the newly proposed landscaping plans. He shall review and approve of the plans prior to recording of the final plat plans. 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. This is sufficient and in compliance with the South Burlington Land Development Regulations. Some lighting shown on the plan does exceed the maximum for the boundary limits. However, the Board is considering these as emissions to count for 194 Tilley Drive. The applicant has submitted lighting cut sheets for the property. These are sufficient. -7- DECISION Motion by G� ��CE �u4LX tZ seconded by cA(/� /OL►%6� to approve Final' Plat Applicatioh #SD-06-11 of Pizzagalli Properties, LLC, subject to the following conditions: 1) All previous approvals and stipulations shall remain in 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 applicant shall adhere to the comments of the South Burlington Water Department as outlined in a letter from Jay Nadeau dated January 7, 2006. 4) The applicant shall have obtained Miscellaneous approval from the Development Review Board for those grading changes proposed for 194 Tilley Drive, which are reflected on the site plan and grading and erosion control plan for 192 Tilley Drive, prior to issuance of a zoning permit for 192 Tilley Drive. 5) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 6) The applicant shall submit architectural details for the proposed building prior to the issuance of a zoning permit. 7) The plat plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Four (4) copies of the approved revised plat plan shall be submitted to the Administrative Officer prior to recording. a) The final plat plan shall be revised to incorporate any changes requested by the City Arborist, if any. 8) 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. 9) The applicant shall post a $56,100 landscape bond, prior to issuance of a zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 10) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new building will generate 81.01 vehicle trip ends during the P.M. peak hour. 11)Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 12) Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 13) The final plat plan (Sheet 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 presen Matthew Birmingham — 6ea ay/abstain/not present Chuck Bolton —re/nav/abstain/not ay/abstain/not present John Dinklagenay/abstain/not present Roger Farley — present Larry Kupferman - e nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of & - 0 - o Signed this -7 day of ,/� z 2006, by John Di-hidage, 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).