HomeMy WebLinkAboutSD-92-0001 - Decision - 0421 0401 Dorset StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT 5'51-
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Dorset Land Company for: 1)
subdivision of 11.93 acres of land into two (2) parcels of 11.64
acres and 0.29 acres, and 3) construction of a planned commercial
development on the 11.64 acre parcel consisting of 156,000 square
feet in five (5) buildings for medical office, general office,
cafe/deli, and retail (pharmacy) use, 421 Dorset Street.
On the 28th of July, 1992 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 the subdivision of 11.93 acres of land
into two (2) parcels of 11.64 and 0.29 acres and the construction
of a planned commercial development on the 11.64 acre parcel
consisting of 156,000 square feet in five (5) buildings for medical
office, general office, cafe/deli, and retail (pharmacy) use.
2. This project has again been reduced in size from 176,000 square
feet presented at the April 14, 1992 meeting to the current
proposal of 156,000 square feet. The net square footage is 125,520
square feet. The breakdown of the uses is as follows:
Medical Office
= 49,288
square
feet
General Office
= 71,232
square
feet
Cafe/Deli
= 2,000
square
feet
Pharmacy
= 3,000
square
feet
3. Access/circulation: Access is proposed via a new City street
with a 60 foot r.o.w. and 30 foot road width connecting Sherry Road
with Dorset Street. The other access will be via a 24 foot curb
cut on Sherry Road providing access to a 28 space parking area.
The new City street will have six (6) curb cuts providing access to
parking areas and buildings C, D and E.
The Sherry Road access to the subsurface parking under building "B"
is only 30 feet from the Dorset Street/Sherry Road intersection.
A curb cut this close to an intersection is undesirable. This
situation could result in vehicles travelling west on Sherry Road
wishing to turn left into the building "B" subsurface parking lot
being prevented from doing so by a lane of cars stacked and waiting
to turn right onto Dorset Street. Eliminating this curb cut and
relocating it further to the west thereby creating a new curb cut
to the surface parking and a new access to the subsurface parking,
or making this access for egress only would improve this situation.
Circulation of traffic on the site is acceptable.
4. Sherry Road: The portion of Sherry Road which allows this
development should be upgraded by the applicant to current City
standards as has been discussed at previous meetings and
recommended by the Commission.
Section 11.504(b) of the zoning regulations requires that entrances
to PCD's be separated by a minimum distance of 400 feet either side
of a public street. The Dorset Street entrance to this project is
only 260 feet from Sherry Road. This standard may be modified as
long as the general objectives of the PCD are met.
5. Parking: This project requires a total of 592 parking spaces
and 12 handicapped spaces and the plans shows a total of 619 spaces
including 11 handicapped spaces. 397 spaces are on the surface and
222 spaces are subsurface.
All surface and subsurface parking stalls and aisle widths meet the
minimum requirements.
Portions of nine (9) spaces in the 28 space parking lot are within
the proposed City street.
6. Coverage/setbacks: Building coverage in the CD3 area will be
19.40 (maximum allowed is 40%). Overall coverage in the CD3 area
will be 60.8% (maximum allowed is 90%). Building coverage in the
C2 area will be 9.5% (maximum allowed is 30%). Overall coverage in
the C2 area will be 41% (maximum allowed is 70%).
Setback requirements in both districts are being met.
7. Floor Area Ratio (F.A.R.): The F.A.R. in the CD3 area is
proposed to be .58 (maximum allowed is .5). The Planning
Commission can approve a F.A.R up to 1.2 if certain public space or
amenities are provided. The new 60 foot public r.o.w. serves as a
public amenity.
8. Landscaping: The minimum landscaping requirement for this
project is $79,300. The applicant's landscaping plan has a value
of $48,000 which is $31,300 short of the requirement. Many of the
trees in the wetland areas will be saved. The applicant is
requesting a credit in the amount of the shortfall for existing
landscaping as provided for in Section 19.104(a) of the zoning
regulations.
Section 19.104(c) of the zoning regulations requires a 15 foot
strip to be maintained as a buffer where this development is
adjacent to a residential district and that it be suitably
landscaped with dense evergreen or other suitable plantings as a
screen. A 120 foot strip at the south-westerly portion of the
project does not meet this requirement. A white pine hedge is
proposed in this area but it is only 10 feet in width.
E
9. Wetland: The project has been designed to minimize disturbance
of the wetland. Only .99 acres of wetland will be impacted by this
development.
10. Lighting: Exterior lighting will consist of 24-400 watt lamps
and 11-250 watt lamps, all on 20 foot poles. Applicant should
indicate the types of lights i.e. high pressure sodium, metal
halide, etc.
11. Sewer: The sewer allocation for this project is 18,327 gpd.
The applicant will be required to pay the required per gallon sewer
allocation fee prior to permit.
12. Dumpsters: The plan does not show any dumpsters. If
dumpsters are to be placed on the site they should be shown on the
plan for final plat approval.
13. Traffic: A traffic study was conducted in March, 1988 with a
supplemental study in May, 1988. The study analyzed all
intersections along Dorset Street. The study indicated acceptable
signalized intersection delays and LOS. The study incorporated the
following assumptions:
a. Assumed Dorset Street improved in all study years (1989, 1991,
1997).
b. Assumed I-89 northbound on -ramp for the study years 1991 and
1997, not 1989.
C. Assumed following build -out schedule:
Phase
1:
1989:
30,000
square
feet
Phase
2:
1990:
40,000
square
feet
Phase
3:
1991:
40,000
square
feet
Phase
4:
1992:
40,000
square
feet
Phase
5:
1993:
25,000
square
feet
d. Assumed signal timing that provides optimal quality of flow.
The results of the 1988 traffic analysis are consistent with the
City Center Study conducted spring 1991. The City Center Study
assumed a 205,000 square foot office development on the 421 Dorset
Street property.
In order to mitigate this development's impact on traffic, the
applicant should participate in the following mitigation package:
15. Other:
--- building elevations will have to be submitted prior to final
plat approval.
3
--- building "A" and "B" should have pedestrian access from
Dorset Street and building "B" should have a sidewalk
between it and the proposed City street along the south side.
16. TWO (2) LOT SUBDIVISION
This portion of the project consists of the subdivision of a 12,000
square foot lot off the rear of the main parcel. The current R7
zoning would apply to this lot. It is bounded on the north by the
current PCD proposal, on the west by a 50 foot r.o.w., on the south
by undeveloped land and on the east by the current PCD proposal and
the Town Square residential development.
17. Lot size: This lot meets the minimum area and dimension
requirements for both a single family and two-family dwelling in
the R7 district.
18. Access: This parcel fronts on a 50 foot r.o.w. which was
designed to be an extension of Oakwood Drive. This segment of
Oakwood Drive along which this new lot will front is privately
owned. Section 19.202(b) of the zoning regulations limits the
number of lots served off a private r.o.w. to three (3). Since
there are already three (3) lots served off this r.o.w., a
condition should be attached which requires that prior to issuance
of a zoning permit for development on this lot, that Oakwood Drive
be upgraded to City standard and an irrevocable offer of dedication
be recorded.
19. Water and Sewer: This lot is served by City water and sewer.
The sewer allocation for this project is 450 gpd. The per gallon
fee would have to be paid prior to permit.
20. Recreation
to pay the per
zoning/building
Fee:
The developer of this parcel
unit recreation fee in effect
permit is issued for construction
DECISION & CONDITIONS
will be required
at the time a
on this lot.
Based on the above Findings of Fact, the Planning Commission
approves the Preliminary Plat application of Dorset Land Company
for 1) subdivision of 11.93 acres of land into two parcels of 11.64
acres and 0.29 acres, and 2) construction of a planned commercial
development on the 11.64 acre parcel consisting of 156,000 square
feet in five buildings for medical office, general office,
cafe/deli, and retail (pharmacy) use as depicted on a four page set
of plans, page one entitled "Plat of Survey of Dorset Land Company,
Inc." prepared by Trudell Consulting Engineers, Inc. and dated
1/6/88, last revised 7/9/92, with the following stipulations:
1. As Sherry Road is proposed to provide access to this project,
4
the applicant shall be responsible for upgrading to city standard
that portion of Sherry Road between Dorset Street and the
westernmost project access. The final plat plans shall indicate
the proposed improvements. The Sherry Road improvements shall be
complete prior to the occupancy of the first building.
2. The final plat plan shall include details for the new public
street connecting Sherry Road and Dorset Street. Appropriate legal
documents for the 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.
3. The Planning Commission waives the requirements 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.
4. The applicant shall post a $79,300, 3-year landscaping bond
prior to issuance of a zoning/building permit. The request for a
$31,000 credit on required landscaping is not approved at this
time. Prior to final plat, applicant shall identify in the field
those areas of existing landscaping which are to remain
undisturbed. The Planning Commission shall determine at final plat
whether the existing trees to remain equal at least the $31,000
credit requested.
5. In an effort to mitigate potential adverse traffic impacts, the
following shall be required.
a. applicant shall contribute an amount equal to 5% of the City's
share of constructing a new northbound on -ramp at Exit 13, not to
exceed $10,000. Contribution shall be made prior to issuance of a
zoning/building permit and may be phased in accordance with phased
development. Until such time as the city's share is finalized,
applicant's contribution shall be based on the maximum $10,000
contribution. When the city's share is finalized and it is
determined that the applicant has contributed more than 5% of the
city's share, the city shall reimburse the applicant for the
overpayment.
b. Applicant shall contribute $24,660 to the Williston Road Area
1 improvement fund based on the P.M. peak hour trip ends estimated
to be generated by the project. The contribution shall be made
prior to issuance of a zoning/building permit and may be phased in
accordance with phased development.
C. The city shall use the contribution identified in a. and b.
above for their intended purposes within 6 years of the date at
which the contribution is made. If the contribution is not used
within 6 years, it shall be returned to the applicant.
5
d. Applicant shall contribute toward the installation of a signal
at the project intersection with Dorset Street when warranted. The
amount of contribution shall be determined at final plat.
e. Applicant shall coordinate proper signal optimization studies
for all Dorset Street intersections. The details of the
applicant's responsibility shall be determined at final plat.
6. The proposed cafe/deli and pharmacy uses are not allowed in the
CD-3 zone. Therefore, these uses are allowed only in buildings C,
D, or E which are located int he grandfathered C-2 zone. The final
plat plans shall indicate the buildings(s) in which the cafe/deli
and pharmacy uses will be located.
7. The Sherry Road access for the subsurface parking under
building B shall be egress only. This shall be clearly indicated
on the final plat plans.
8. The plans shall be revised prior to final plat to show the
following:
a. All parking spaces shall be located on private property outside
of the proposed 60-foot public street r.o.w.
b. Delineation of lanes for the main access at Dorset Street. The
access shall include one ingress lane and two egress lanes.
C. An additional hydrant as approved by the Fire Chief.
d. Sidewalks on both sides of the main access with Dorset Street.
9. The Planning Commission approves a 0.58 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.
10. All on -site lighting shall be down -casting, shielded
luminaires and shall not cast light beyond the property line.
Final approval of proposed street lighting within the 60-foot
public r.o.w. shall be made at Final Plat.
11. A sewer allocation of 18,327 gpd is granted. Applicant shall
pay the required per gallon sewer allocation fee prior to issuance
of a zoning/building permit.
12. Building elevations for each building showing both pre -
construction and post construction grade shall be submitted prior
to final plat review.
0
13. The current R7 zoning shall apply to lot #2.
14. Section 19.202(b) of the zoning regulations limits the number
of lots served by a private r.o.w. to three. Prior to issuance of
a zoning/building permit for lot #2, the applicant or its
successors and assigns shall upgrade to City standard that portion
of Oakwood Drive from its current terminus as a public r.o.w. to
the southern boundary of lot #2. In addition, prior to issuance of
a zoning/building permit for lot #2, appropriate legal documents
for conversion of this portion of Oakwood Drive to a public street
(i.e., irrevocable offer of dedication) shall be submitted to the
City Attorney for approval and recorded in the South Burlington
land records.
15. Prior to issuance of a zoning/building permit for lot #2, the
applicant shall pay the appropriate sewer and recreation fees.
16. Applicant shall obtain conditional use approval from the
Zoning Board of Adjustment for the new office use in the CD-3
zoning district prior to final plat.
17. Prior to final plat, applicant shall obtain a letter from the
adjoining property owner to the south (i.e., Veve ) agreeing to less
than a 15-foot wide green space buffer.
18. The final plat application shall be submitted within 12 months
or this approval is null and void.
��C�e, i
( 1"�-
Chairman
South Burlington Planning Commission
Date
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