Loading...
HomeMy WebLinkAboutSD-94-0000 - Decision - 0421 0401 Dorset Street'FINDINGS OF FACT & DECISION / IJ STATE OF VERMONT )Z G� COUNTY OF CHITTENDEN / J� CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Dorset Land Company to amend a previously approved planned commercial development consisting of 156,000 square feet of medical office, general office, cafe/deli and retail use in five (5) buildings on 11.64 acres of land, 421 Dorset Street. The amendment consists of constructing 88,740 square feet of medical and general office use and a 124 unit nursing/convalescent home in three (3) buildings on 11.64 acres. On the 14th of June, 1994, the South Burlington Planning Commission approved the request of Dorset Land Company for preliminary plat approval under Section 203 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a previously approved PCD consisting of 156,000 square feet of medical office, general office, cafe/deli and retail use in five (5) buildings on acres of land. The amendment consists of: 1) constructi I 8,740r squae,feet of medical and general office use, 2) constr'n /124 un'))t nursing/convalesk home and 3) subdividing the 11.64 acre arcel into eight"(8) p cels ranging in size from 0.14 acres `to-5. 13 acres. Theske plan was reviewed on 2/2/94. 2. This property located at 421 Dorset Street lies within the CD3 and R-7 Districts. It is bounded on the south by a multi -family residential development and GMP sub -station, on the east by Dorset Street, on the north by Sherry Road and some residences and on the west by Oakwood Drive and some residences. 3. Access/circulation: Access to the development will be provided by a new City street with a 60 foot r.o.w. with a 30 foot roadway width connecting Sherry Road with Dorset Street. The new City street will have five (5) curb cuts serving parking areas for the office building and the driveway for the nursing home. 4. Plans do not show a north bound left turn lane into the new City street from Dorset Street. The applicant should show a revised Dorset Street that allows these turning movements. Circulation is adequate. 5. Sherry Road: The previous PCD approval required that approximately 300 feet of Sherry Road be upgraded to City standards with the exception of the 60 foot width requirement. The plan submitted incorporates these improvements. 6. Parking: This project requires a total of 365 parking spaces 1 and 397 spaces including 11 handicapped spaces are being provided. Bike racks are also being provided for each building. 7. Lot sizes: The minimum lot size requirement in the CD3 District is 12,000 square feet (0.28 acres). Lot #1 and lot #3, which are located in this district, are proposed to have a lot size of 1.07 acres and 1.75 acres respectively. The remaining lots are located in the R-7 District. 8. The minimum lot size requirement in the R-7 District is 40,000 square feet (0.92 acres). Lots 2, 4 and 5 have lot sizes of 0.94 acres, 1.11 acres and 5.13 acres respectively. Lots #5a, 5b and 5c, which are designed to follow footprints of different phases of the nursing home building, will not meet the minimum lot size requirements. These lots will have lot sizes of 0.49 acres, 0.14 acres and 0.35 acres respectively. Section 10.504 of the zoning regulations allows the Planning Commission to modify the minimum lot size requirement. 9. Coverage: Proposed Allowable Proposed Allowable building building overall overall Lot # coverage coverage coverage coverage 1 35% 40% 81% 90% 2 0 25% 40% 60% 3 17% 40% 52% 90% 4 0 25% 28% 60% 5 1% 25% 35% 60% 5a 99% 25% 99% 60% 5b 99% 25% 99% 60% 5c 99% 25% 99% 60% As can be seen from the chart above, coverage requirements will be met with the exception of lots #5a, 5b and 5c. Section 10.504 of the zoning regulations allows the Planning Commission to modify the building and overall coverage requirements. Front yard coverage information should be provided for lots #2, 4 and 5. 10. Setbacks: All setback requirements will be met. 11. Floor Area Ratio (F.A.R.): The F.A.R. for the area of the project zoned CD3 is 0.72 (maximum allowed is 0.5). An F.A.R. of up to 1.2 may be permitted as a bonus for the provision of additional public space or amenities. The Planning Commission determined in the previous approval that a new City street was an additional amenity and granted an F.A.R. of greater than 0.5. 2 12. Landscaping: The minimum landscaping requirement for this project, based on building costs, is $116,935 (including street trees) which is not being met. Proposed plantings (including $7935 for street trees) have an estimated value of $52,400 which is $64,535 short of the minimum requirement. The Planning --Commission granted the applicant a $30, 000 credit for existing trees that will not be disturbed as part of the previous approval. This $30,000 was approximately the amount of shortfall between the required $79,300 and the proposed landscaping value of $48,568. The cost of this project has increased thereby increasing the shortfall as the proposed value of the plantings has only slightly increased. 13. Wetlands: The plans indicate that the site has a total of 3.45 acres of wetland of which 0.99 acres will be impacted. 14. Traffic: In an effort to mitigate potential adverse traffic impacts, the applicant should be required to contribute toward the following improvements: a) construction of a new northbound on - ramp at exit 13, b) improvements contained in the Williston Road Area I Improvement Fund, and c) installation and timing optimization of a new traffic signal at the project access/Dorset Street intersection. The amount of each contribution should be determined at final plat. Prior to final plat, the applicant should submit a trip generation assessment which compares the estimated trip ends of the previously approved project to that of the proposed project. 15. Sewer: The sewer allocation needed for this project is 27,073 gpd. The applicant will be required to pay the per gallon fee prior to issuance of a zoning/building permit. - 16. Building heights: The applicant has indicated that the building elevations for the medical/general office buildings will not change. Building elevations for the nursing home should be submitted at final plat. Applicant has indicated that this building will have a maximum height of 45 feet which is the same height as the office buildings the nursing home replaces. 17. Other: --- final plat plans should incorporate the suggested changes as follows: 18. Subdivision Plat --- metes and bounds information must be provided for lots 5a, 5b and 5c. --- a note should be added to indicate that lot 5 is to serve as the r.o.w. to lots 5a, 5b and 5c. --- applicant should propose name for new City street. --- planning data notes indicate that lot 1 is in the R7 District, it is in CD3 District, lot 2 is in R7 not CD3, lot 3 is in CD3 3 not R7, lot 4 is in R7 not CD3, lot 5 is in R7 not CD3, lots 5a, 5b and 5c are in R7 not CD3 and the r.o.w. is in CD3 not R7. 19. Sheet SP1 --- plan should note that dumpster storage areas are to be screened, indicate type of screening to be used. --- identify which is building A and which is building B. --- lot 5 is noted to have 0% building coverage yet there is a gazebo and a canopy on this lot. --- nursing home building shows two (2) Phase I's and a Phase III but no Phase II (this should be corrected on all plans). 20. Sheet SP2 --- there are only 14 spaces along westerly row of spaces in parking garage of the northerly office building, note on plat shows 15 spaces (correct on all plans). 21. Other: --- provide details for all exterior lighting. All lighting must be downcasting and shielded and not cast light beyond the property line. --- the plans should be revised to show the portion of the existing turn -around at the end of Oakwood Drive which is on the applicant's property. 22. Staff Recommendation: Staff recommended that lot 3 and 4 be combined into one lot since both lots are proposed to be used for one purpose. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the preliminary plat application of Dorset Land Company to amend a previously approved planned commercial development consisting of 156,000 square feet of medical office, general office, cafe/deli, and retail use in five (5) buildings on 11.64 acres of land, 421 Dorset Street. The amendment consists of constructing 88,740 square feet of medical and general office use and a 124 unit nursing/convalescent home in three (3) buildings on 11.64 acres, as depicted on a 12 page set of plans, page one entitled "Dorset Land Co., Inc., Dorset Street, South Burlington, VT., Subdivision Plat", prepared by Trudell Consulting Engineers, Inc., dated 5/4/94, with the following stipulations: 1) Any previous approvals and stipulations affecting the subject property which are not superseded by this approval shall remain in effect. 4 2) This approval is conditional on the proposed uses broken down as follows: 1) 35,495.5 net square feet of medical office, 2) 35,495.5 net square feet of general office and 3) a 124 unit nursing/convalescent home. Any increase in the proportion of medical office net square footage or increase in the number of nursing/convalescent home units shall require Planning Commission approval. 3) The applicant shall complete construction of the Sherry Road improvements and the new public street prior to occupancy of either Building A or Building B. 4) Appropriate legal documents for the new public street r.o.w. (e.g. Irrevocable Offer of Dedication) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to issuance of a zoning/building permit for the first building. 5) Prior to issuance of a zoning/building permit the applicant shall post a bond to cover the cost of upgrading Sherry Road and constructing a new public street connecting Dorset Street and Sherry Road. The amount of the bond shall be approved by the City Engineer. 6 ) The Planning Commission waives the requirement of a minimum 400 foot distance between PCD entrances (Section 11.504(b), zoning regulations) . It is the Commission's opinion that the proposal for a second access located 260 feet from the main access will improve traffic safety and circulation in the area of the project. 7) The applicant shall post a $116,935 landscaping bond prior to issuance of a zoning/building permit. The bond shall remain in effect for three (3) years to assure that the planted landscaping takes root and has good chance of surviving. The Commission grants a credit for existing ttrees that will not be disturbed. The amount of credit will be determined at final plat. 8. In an effort to mitigate potential adverse traffic impacts, the applicant shall be required to contribute toward the following improvements: a) construction of a new northbound on -ramp at exit 13, b) improvements contained in the Williston Road Area I Improvement Fund, and c) installation and timing optimization of a new traffic signal at the project access/Dorset Street intersection. The amount of each contribution shall be determined at final plat. Prior to final plat, the applicant shall submit a trip generation assessment which compares the estimated trip ends of the previously approved project to that of the proposed project. 9. Proposed street trees along the main access shall be located a minimum of three (3) feet from the face of curb. 10. The plans shall be revised prior to final plat to show the 5 following: Subdivision Plat --- metes and bounds information must be provided for lots 5a, 5b and 5c. --- a note shall be added to indicate that lot 5 is to serve as the r.o.w. to lots 5a, 5b and 5c. --- applicant shall propose name for new City street. --- lots 3 and 4 shall be merged into one lot ( show on all plans) . Sheet SP1 --- plan shall note that dumpster storage areas are to be screened, indicate type of screening to be used. --- provide front yard coverage information for lots 2,4 and 5. --- the project location map shall be corrected on Sheets SP1, SP2 and SP3. Other: --- Sheets SP2 and D7 shall indicate that lighting within the new public street r.o.w. will be the type and style maintained by Green Mountain Power Corporation. --- plans shall be revised to show a north bound left turn lane into the new City Street from Dorset Street. 11. The Planning Commission approves a 0.72 F.A.R. for the area of the project zoned CD-3. The Planning Commission may approve an increase above the base F.A.R. of 0.5 if the applicant provides certain public amenities. It is the Commission's opinion that the provision of a public street connecting Sherry Road to Dorset Street will improve traffic circulation in the area and therefore qualifies as a public amenity. 12. All on -site lighting shall be down -casting, shielded luminaires and shall not cast light beyond the property line. Prior to final plat, the applicant shall provide details of all exterior lighting with the exception of building mounted lights. Details of all building mounted lighting shall be submitted to the City Planner for approval prior to issuance of a zoning/building permit. 13. A sewer allocation of 27,073 gpd is granted. Applicant shall pay the required per gallon sewer allocation fee prior to issuance of a zoning/building permit. 14. Building elevations for each building showing both preconstruction and post -construction grade shall be submitted at time of application for a zoning/building permit. 15. The Planning Commission approves the alternate drainage 2 improvements involving the Estey and Rowley properties as shown on the sketch entitled, "Proposed Changes, Dorset Land Company", prepared by Trudell Consulting Engineers and dated 4/7/93. Such improvements shall be constructed if the applicant can obtain the necessary agreements from the involved adjoining land owners. The City shall not be responsible for maintaining any drainage system not located within a public r.o.w. If the applicant cannot obtain an agreement from the adjoining landowners, then the applicant shall construct the drainage improvements as shown on Sheet SP3. 16. Building Heights: The Commission approves a maximum pitched roof building height of 45 feet for the nursing/convalescent home building. It is the Commission's opinion that a 45 foot pitched roof height satisfactorily meets the provisions of section 18.112(b) of the zoning regulations. For buildings A and B, the Commission approves a maximum eave height of 27 feet as shown in the sketch entitled "Exhibit A, Wall Section" prepared by Wiemann-Lamphere Architects, Inc. and dated April 27, 1993. 17. Pursuant to Section 10.504 of the zoning regulations, the Planning Commission modifies the minimum lot size requirement of 40,000 square feet in the R-7 District to allow lots #5a, 5b, and 5c to have lot sizes of 0.49, 0.14 and 0.35 acres respectively. 18. Pursuant to Section 10.504 of the zoning regulations, the Planning Commission modifies the maximum allowable building coverage and maximum allowable overall coverage for lots #5a, 5b and 5c to not exceed 99%. 19. The applicant shall obtain a certificate of occupancy permit from the Administrative Officer prior to occupancy of any building. 20. As expressly represented by the applicant, the building faces along Dorset Street will be designed so as to appear as "building fronts". 21. The applicant or its successors and assigns shall maintain the public r.o.w. and improvements therein until such time as the r.o.w. is accepted by the City. 22. The final plat application shall be submitted within twelve (12) months of this approval. 23. Prior to recording the final plat plans, the applicant shall record a "Notice of Condition" in the land records which clearly identifies this development as a PUD. 24. Landscaping plan shall be revised to show additional landscaping in the vicinity of Oakwood Drive and also along the north side of the parking lot on lot 2. Additional landscaping 7 shall also be added to screen the development from abutting residential properties, if determined necessary by the City Planner. 25. Plan shall be revised prior to final plat to show 30% front yard coverage on lot #2. 26. Hydrants shall be located no more than 300 feet apart. The canopy over the front entrance shall be at least 12 feet high,.to allow clearance for fire apparatus. Chairm n or nerk South Burlington Planning Commission 0 Date A NOTICE OF CONDITIONS OF PLANNED UNIT DEVELOPMENT APPROVAL WHEREAS, Dorset Land Company, Inc., a Vermont Corporation with its principal place of business in Williston, Vermont ("Owner"), is the owner of certain property known as 421 Dorset Street, consisting of 11.64 acres of land, more or less, located northerly of Kennedy Drive in the City of South Burlington; and WHEREAS, the Owner obtained approval from the South Burlington Planning Commission (the "Commission") on July 12, 1994, for a planned unit development (the "PUD") consisting of seven legally subdivided parcels of land depicted as Parcels 1, 2, 3, 4a, 4b, and 4c on a plat entitled "Dorset Land Co., Inc., Dorset Street, South Burlington, VT, Subdivision Plat," prepared by Trudell Consulting Engineers, Inc. dated June 20, 1994, last revised , 1994 and recorded in Map Booker at Page 6 S of the South Burlington Land Records (the "Property"); and WHEREAS, the Commission's approval imposes certain conditions on the Property. NOW THEREFORE, Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless or until modified or removed by the South Burlington Planning Commission or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the approval of the South Burlington Planning Commission granted on July 12, 1994, and any applicable prior approvals of the Commission. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Owner covenants and agrees that for purposes of compliance with and application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if the buildings located on such property are conveyed to separate owners together with the lots on which such buildings are located. CITY CLERK'S OFFICE w Received . �s�-_--�- 19 at NI Recorded n Vol— on page' Of So. Surlington L-and Records Attest: ,,�,�3..• ► . Margaret A, Pieerd, City Clerk 3. Any future application for an amendment or modification affecting one or more of the parcels comprising the PUD shall be deemed an amendment or modification to the PUD as a whole, and the Commission shall evaluate and render a decision in the context of the entire PUD, not merely on the impacts as they relate to the parcel(s) for which the amendment or modification is specifically proposed. 4. Nothing in this Notice or the condition or covenant contained herein shall be construed to prevent conveyance, lease, assignment, mortgage, or other transfer of any interest in and to any one of the subdivided parcels 1, 2, 3, 4a, 4b, and 4c as separate and apart from the rest of the parcels comprising the PUD. 5. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be any owner of any parcel or an association as designated by all of the owners in a document duly executed and recorded in the City of South Burlington Land Records. The City shall act upon any application submitted by an owner or the association and shall not be required to resolve a dispute between the association and the owners as to the respective rights of the association and owners. It shall be the duty of the owners or the association to notify all others having an interest in the property that may be effected by the application proceedings of the commencement of such proceedings. 6. Any action to enforce any city ordinance or regulation, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, shall be brought against the owners or the association. It shall be the duty of the owners or the association to notify all others having an interest in the property that may be effected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable against any owners or association made a party to such enforcement proceeding. 7. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or an interest in the Property. 8. This Notice of Conditions shall be binding upon the Owner and the Owner's successor and assigns. Dated this 7 day of '?G-�u �,�,r , 1994. IN PRF,$ENCE OF: DORSET C , INC. By: Witness s rized Agent - a itnes f STATE OF VERMONT COUNTY OF CHITTENDEN,SS. At in said County and State, thisday of , 1994, personally appeared Ralpfi R. DesLauriers, duly authorized, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed of Dorset Land Company, Inc. Before me, No ary P blic My Commission expires:'