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HomeMy WebLinkAboutSD-05-95 - Decision - 0192 Tilley DriveCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING PIZZAGALLI - LOT 4 - PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-05-95 FINDINGS of FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting preliminary 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 February 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 preliminary plat approval for a planned unit development consisting of a 54,372 sq. ft. general office building, lot #4, 192 Tilley Drive. 2. The owner of record of the subject property is Pizzagalli Properties, LLC. 3. The subject property contains 14.43 acres and is located in the Industrial and Open Space (10) Zoning District and the Interstate Highway Overlay District (IH0). 4. The plans submitted consist of an eleven (11) 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. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements 10 Zoning District Required Proposed �l Min. Lot Size 3 acres 14.43 acres Max. Building Coverage 30% 4.3% Max. Overall Coverage 50% 19.1 % �l Min. Front Setback 50 ft. >50 ft. �l Min. Side Setback 35 ft. >35 ft. �l Min. Rear Setback L 50 ft_J >50 ft. 4 zoning compliance - 1 - 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. The Board finds them to be acceptable for erosion control. However, the area listed as a "topsoil stockpile" on the plan is located on lot 5 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. The applicant shall apply separately for review as a Miscellaneous Application for any grading changes proposed for Lot 5. This includes the fill stockpile, and also the stormwater detention pond, and the access drive. The Board supports these changes, particularly the shared access for Lots 4 and 5, but recognizes that any grading changes to Lot 5 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 Lot 5. This is a sufficient access width for general office use. The site plan also shows space for a future connection to Lot 5. This is acceptable. -2- The Board finds the parking and circulation layout 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 not yet reviewed this set of the plans. Emergency vehicle access is a primary concern of the City and has been of equal concern to the Development Review Board in the past. The Fire Chief should review the plans, provide comments, and approve of the parking layout prior to final plat approval. Since uses for the property have not fully been determined, traffic impact fees have not yet been calculated. Traffic generation shall be calculated and finalized prior to final plat approval. However, for the purposes of providing a fair estimate to interested parties, calculated traffic estimates based on 100% use of the building as general office have been generated. 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 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 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's comments have been addressed above. Again, his concern for the parking scheme and access should be wholly considered by the Development Review Board prior to final plat approval. -3- 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 Lots 4 and 5. Furthermore, the plans show a connecting drive between Lots 4 and 5. 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. 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 preliminary application is not in compliance with this criterion. A limited amount of M parking is acceptable in the front of the building with significant berming and landscaping proposed to hide such parking. 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. The applicant has not yet submitted building elevations or architectural details. 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 preliminary plat approval. 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 lot 5, 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. -5- 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." 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 preliminary 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 $56,203. However, there are several errors in this budget, both mathematical and procedural. The plants listed in the budget do not completely match those shown on the plans, there are multiplication errors, and perennials have been wrongly included in the budget. The Board cannot assess the adequacy of the budget until the errors are corrected. The applicant shall remove the cost of perennials from the proposed budget, as credit is only given for trees and shrubs. Furthermore, the applicant is proposing some plantings on Lot 5. The applicant shall only be given credit for landscaping on the subject lot. The Board also recommends that the applicant install landscaping at the western edge of the lot, as delineation between the parking lot and the wetland buffer. This is in keeping with Section 13.06 B(4) of the South Burlington Land Development Regulations which require that at least one deciduous tree shall be provided within or near the perimeter of each parking area, for every five parking spaces. The trees shall be placed evenly throughout the lot. 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. However, the applicant should submit additional 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 plans do not demonstrate a percentage. WON Per the request of the City Arborist, the landscaping plans should show planting details. The South Burlington City Arborist reviewed the previous plans and provided comments in a memo dated January 6, 2006. Given the changes anticipated in the landscaping plans due to the issues listed above, he shall review and approve of the plans prior to final plat approval. 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. However, the plans appear to be incomplete. They do not appear to account for all the lighting emitted by the building - mounted lights. The applicant should confirm this. 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 Lot 5. The applicant has submitted lighting cut sheets for the property. These are sufficient /� DECISION Motion by 6 A-/LF Qu(lw5y seconded by to approve Preliminary Plat Application #SD-05-95 of Pizzagalli Properties, L C., 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 prior to final plat submittal as follows: a) The plans shall be revised to comply with the requests of the South Burlington Water Department as outlined in a letter from Jay Nadeau dated January 7, 2006. b) The landscaping plan shall be revised to show planting details and specifications. -7- c) The landscaping plan shall be revised to place trees at the western edge of the parking lot in accordance with Section 13.06(B)(4) of the South Burlington Land Development Regulations. 4) 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. 5) The applicant shall have obtained Miscellaneous approval from the Development Review Board for those grading changes proposed for Lot 5, which are reflected on the site plan and grading and erosion control plan for Lot 4, prior to final plat approval for Lot 4. 6) The South Burlington Fire Chief shall review and approve of the plans prior to final plat approval. 7) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8) The applicant shall submit architectural details with the final plat submittal. 9) The applicant shall revise the landscaping budget to reflect only trees and shrubs on the subject lot. The landscaping budget should meet or exceed $56,100. All multiplication errors shall be fixed. The budget and landscaping plan shall be harmonious. 10) The applicant shall submit additional information regarding the landscaping in the interior of the proposed parking area, to ensure that the requirements in Section 13.06(B) of the Land Development Regulations are being met. 11) The landscaping plan shall be reviewed by the South Burlington City Arborist prior to final plat approval. The applicant shall adhere to the recommendations of the City Arborist. 12) The applicant shall address the issue of building -mounted light emissions and whether they are included on the point by point lighting plan. 13) 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. 14) The applicant shall submit for final plat approval within twelve (12) months. Mark Behr — ` ea ay/abstain/not present Matthew Birmingham —nay/abstain/not present Chuck Bolton — yea/nay/abstai opresen prseeJohn Dinklage —yea/nay/abstain nt Roger Farley —@a>ay/abstain/not present Larry Kupfermanay/abstain/not present Gayle Quimby — a ay/abstain/not present Motion carried by a vote of §-- U - v Signed this I t;-6y� r�By 2006, 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).