HomeMy WebLinkAboutSD-00-43 - Decision - 0466 Farrell Street#SD-00-43
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application of Wright & Morrissey Realty Company for a mixed use
planned unit development consisting: 1) an 95 room hotel, 2) 160 residential units in four (4)
buildings, 3) a 130 unit congregate housing facility, 4) subdividing two (2) parcels of 24.458 acres
into eight (8) lots, 5) a 91,000 square foot building which will include 11,000 sq. ft. of retail, a 150
seat 7,500 sq. ft. restaurant, 70,000 sq. ft. of general office, 2,500 sq. ft. of drive-in bank, and ten (10)
residential units, 6) a 7200 square foot addition to an indoor recreational facility, and 7) an existing
1.6,000 sq. ft. television studio and office building, 65 Farrell Street.
On the 5th of September, 2000, the South Burlington Development Review Board approved the final
plat application of Wright & Morrissey Realty Company under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
This project consists of a mixed use planned unit development consisting: 1) an 95 room
hotel, 2) 160 residential units in four (4) buildings, 3) a 130 unit congregate housing facility,
4) subdividing two (2) parcels of 24.458 acres into eight (8) lots, 5) a 91,000 square foot
building which will include 11,000 sq. ft. of retail, a 150 seat 7,500 sq. ft. restaurant, 70,000
sq. ft. of general office, 2,500 sq. ft. of drive-in bank, and ten (10) residential units, 6) a 7200
square foot addition to an indoor recreational facility, and 7) an existing 16,000 sq. ft.
television studio and office building.
2. This property located on Shelburne Road and Farrell Street lies within the C1, C2 and
Floodplain Overlay Districts. It is bounded on the north by residences and a service station,
on the east by Farrell Street, on the south by 1-189 and on the west by Mall 189 and
Shelburne Road. The applicant was requested to revise the plans to illustrate the Residential
and Conservation Open Space Districts.
3. Access/circulation: Access will be provided by a proposed City street, Farrell Street
(formerly O'Dell Parkway), which will connect Shelburne Road with Farrell Street. The
applicant has proposed that the existing northern leg of Farrell Street that runs from the
eastern terminus of Hadley Road to a "T" intersection with the extension of Farrell Street
and renamed. Driveways are proposed off from this street to serve the various buildings. A
driveway is proposed on Farrell Street to serve two (2) of the residential buildings. An
existing driveway on Farrell Street serving the indoor recreational facility will not change.
Staff recommended a pedestrian connection (i.e., sidewalk or recreation path) to connect this
development with the residential neighborhood between the Kochman and Johnson properties.
The applicant has submitted comments regarding this proposal. Providing this pedestrian
connection would further the following recommendations contained in the Transportation
Chapter of the Comprehensive Plan:
"Pedestrian links are needed between neighborhoods, schools, parks, shopping and
employment centers, other transportation modes, and other community focal points. In
order to promote such links as transportation facilities, pedestrian ways generally
should follow direct travel routes whenever possible, rather than paralleling roadways."
Recommendations of the Transportation Chapter:
1(b)(2) "...walkways, both within and outside the street rights -of -way, to link
various neighborhood and community focal points"
1(c) "Sidewalks and/or walkways should be required where it is appropriate
during site plan and subdivision review."
1(e) "The city should encourage mixed -use development to promote pedestrian
movement and less reliance on automobiles for local circulation."
Circulation on the site is adequate.
4. Coverage/setbacks: Building coverage is 17%, with Ben Franklin it is 18% (maximum allowed
for commercial is 30% and for residential is 20%). Overall coverage is 55%, with Ben Franklin
it is 56% (maximum allowed for commercial is 70% and for residential is 40%).
Front yard coverage along Shelburne Road is 27% (30% max). Along Farrell Street it is 14%
(30% max). South of O'Dell Parkway (the Farrell Street extension) front yard coverage is 23%
(30% max). North of O'Dell Parkway front yard coverage will be exceeded at 64% (30% max).
Staff recommended removing the parking between the street and the building to improve
compliance with the front yard coverage requirements.
It has been the Development Review Board's unwritten policy of using the residential coverage's
for mixed use developments. The applicant requested that the policy be amended to allow the
greater overall coverage. This use was approved by the Development Review Board at
preliminary plat. Staff supported this because it encourages mixed use development.
Setback requirements are now met for the addition to Twin Oaks Fitness Center. The southerly
residential building does not meet the 40 foot front yard setback requirement from Farrell Street
and the northeasterly residential building does not meet the 40 ft. front setback requirement from
O'Dell Parkway. The Development Review Board may modify these setback requirements under
Section 12.406 (b) of the zoning regulations. Additional setback requirements required for the
height waiver are also not met (see discussion on building height).
5. Parking: A total of 1078 spaces are required (including the 90 for Ben Franklin) and 1006
spaces (341 covered spaces) including 19 handicapped spaces and 30 bicycle stalls are being
provided. The applicant reduced the overall parking at the request of the Development Review
Board. The applicant requested a 72 space or 6.7% parking waiver. Bike racks are depicted on
the plans.
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6. Landscaping_ The minimum landscaping requirement, based on building costs, is $132,875
which is being met.
Staff recommended that parking be eliminated and more green space be placed in front of the
mixed retail/office building. This design change would result in more green space along the
street and bring the project closer to compliance with the front yard coverage limitation. In
addition, this type of development pattern would better connect the building to the public street
and better connect the two sides of the development.
7. C.O. District: There is a C.O. District along the I-189 r.o.w. The preliminary plat approval
required that the applicant remove all encroachments in the C.O. District not along the Interstate
Ramp. The proposed encroachments are a five (5) ft. wide gravel recreation path along the
interstate, and a corner of a basketball court. Staff requested that the applicant depict the
Interstate ramp area of the C.O. District on the plans to ensure that the proposed encroachments
are within the ramp area. Section 3.505 of the zoning regulations allows the Board to approve
encroachment along an interstate ramp if it is in compliance with the following criteria:
(a) Area of encroachment is located no less than 50 feet from the interstate right-of-way.
(b) Area of encroachment is sufficiently screened from view from the
Interstate and ramps due to: (i) existing topography and/or existing
vegetation, and/or (ii) proposed landscaping, which may also include berming.
No encroachments are permitted along the Interstate outside of the ramp area. The applicant
should submit finished contours to ensure that filling and re -grading do not occur within the C.O.
District.
8. Traffic: A traffic impact study was prepared. The study indicates that "vehicular movement
on the local roadway operates in compliance with the policy set forth in the City of South
Burlington Zoning Ordinance—LOS D or better overall, and LOS D or better for the through
movements of major legs." The study estimates that the project will generate 526 vehicle trip
ends (vte's) during the PM peak hour. The study recommends the following measures to
mitigate the projected impacts:
Extending traffic signal cycle lengths to 90 seconds from the current 80 seconds. In all
cases, the additional green time gained by this change should be allocated to the
northbound and southbound US 7 movements. This will reinforce Shelburne Road's
function as a principle arterial. Extending cycle lengths to 90 seconds will enhance
mobility on US 7 and thus is consistent with efforts in residential neighborhoods
proximate to US 7 to eliminate or reduce cut through traffic. Extending cycle lengths to
90 seconds for the entire corridor could result in eliminating protected -permitted left turn
signal phasing. Finally, extending cycle lengths could also enable the introduction of
pedestrian phases at selected intersections.
2. A queue length analysis indicates that the southbound storage bay at the Home Ave./US 7
intersection needs to be extended to 200 feet.
The MPO has reviewed this study. At the request of the Development Review Board, the
applicant has developed a final timing plan for the US7/Home Ave./O'Dell Parkway intersection
thereby enhancing pedestrian movement.
9. Sewer: The sewer allocation for this project will be handled by the City of Burlington due to
insufficient storage capacity at the Farrell Street sewer pumping station.
10. Building Hecht: The four (4) multi -family dwelling buildings and the congregate housing
facility are proposed to be 45 ft. in height and the mixed use building is proposed to be 60 ft. in
height. These are pitched roof structures which under Section 25.113 (a) of the zoning
regulations have a maximum height limit of 40 ft. Under Section 25.113 (b) of the Zoning
regulations, the DRB approved an increase in height for a residential structure up to 45 ft. at
preliminary plat as the Board determined that the taller structures:
(i) will utilize topography and will relate to other existing and proposed structures so
as to be aesthetically compatible with the neighborhood;
(ii) will not detract from scenic views of adjacent properties or public streets and
walkways; and
(iii) will allow retention of additional green space that will enhance the appearance of
the developed property.
Section 25.113 (c) of the zoning regulations allows the Board to approve a non-residential
structure which exceeds the height limitation provided the Board determines that a taller
structure:
(i) will not a affect adversely the essential character of the neighborhood or district in which
the property is located; and
(ii) will not detract from important scenic views from adjacent public roadways and other
public rights -of -way.
The mixed use building, which is proposed to be 60 feet in height, includes residential use. It
does not appear that the regulations allow a building with residential use to exceed 45 ft in
height. It was staff s understanding that the intent of this section was to limit heights in
residential districts and to allow for greater heights in commercial districts. The Board made a
determination at preliminary plat on how to interpret the regulations and whether it could
approve the taller structure. The Board made a determination that this section means
"predominately non-residential" in which case this building being not predominately residential
be allowed to exceed 45 ft.
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Section 25.113 (d) of the zoning regulations requires additional setbacks for taller structures.
The two (2) easterly residential buildings, the congregate housing facility and the mixed use
building do not meet this requirement. The Board waived the requirements of this section at
preliminary plat as the general objectives of the PUD and applicable zoning district are met.
11. F000dplain: The Overlay District map indicates that a portion of this property lies within the
100 year floodplain. The applicant indicates that the property is not within any floodplain and
there are no streams on the property. The applicant provided a written certification to this effect
from an engineer.
12 School Impact: The applicant has submitted a School Impact Questionnaire, in connection
with the Act 250 application. The questionnaire indicates that the impact of the project can be
accommodated by the schools.
13. Recreation Path: The Recreation Path Committee reviewed the application at their January 3,
2000 meeting. The Committee recommends that an east -west recreation path be constructed
between Farrell Street and Shelburne Road and that a north -south recreation path be built to
connect to Hadley Road. The applicant submitted a memo addressing the Committee's request
and neighborhood concerns. The plans do not show a recreation path and the applicant has
stated that it is their intention not to build it. Staff recommended that the path be constructed as
it is in keeping with the Comprehensive Plan (see access discussion). It is the suggestion of staff
that the applicant provide an easement for the path and bond for its construction. The City
would hold public meetings on the construction of the recreation path and may then construct the
path if it deems .fit.
14. Boundary adjustments: Several boundary lot adjustments are proposed between the two (2)
parcels which are part of this PUD and the adjacent Mall 189 property. There are also lot
adjustments between the Burlington Indoor Tennis Facility and the property to its west. These
lot adjustments will result in all lots complying with the dimensional and area requirements of
the Zoning Ordinance.
15. Legal documents: This PUD will result in the creation of eight (8) lots. Prior to issuance of
the first zoning permit, the applicant should record a "Notice of Conditions" approved by the
City Attorney that states for zoning and subdivision purposes, all the lots in the PUD shall be
treated as one (1) lot. Prior to issuance of the first zoning permit, the applicant should record
legal documents approved by the City Attorney, (e.g. irrevocable offer of dedication and
warranty deed for the proposed pubic road, utility, sewer, drainage, water, etc.)
1.6. Lighting: All lights must be downcasting and shielded. The Director of Planning and Zoning
has reviewed the proposed lights and has the following concerns:
a) The location of all exterior lights, including building mounted lights, must be shown on the
proposed site plans. Currently only the area lighting is illustrated.
b) The pedestrian lighting does not appear to meet standards as the bulb is not shielded and the
fixture does not appear to be cut off and downcasting.
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c) The roadway lighting must be of the type supplied by Green Mountain Power. The
applicant should specify if metal halide or high pressure sodium will be used.
The applicant should revise the plans as noted and submit the changes to the Director for
approval.
17. Bus Stops: The overall site plan was submitted to the CCTA for approval of the new bus
stops.
18. Wetlands: The Natural Resources Committee (NRC) at their 12/29/99 meeting were
provided a report from a wetland consultant which indicates that there are wetlands on this
property. The NRC reviewed the report and submitted a memo outlining their position on this
matter to the Board. Wetlands are delineated on the Overall Existing Conditions Plan.
19. Dumpster: All dumpsters must be enclosed.
20. P.U.D. report: The applicant submitted a written report addressing the P.U.D. criteria under
Section 26.151 of the zoning regulations.
21. Other: The applicant should submit a proposed street name for the northern section of Farrell
Street. The applicant should also submit detail on the proposed pedestrian crossing design for
review by the Director of Public Works.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
final plat application #SD-0043 of Wright and Morrissey Realty Company for a mixed use planned unit
development consisting of 1) a 95 room hotel, 2)160 residential units in four (4) buildings, 3) a 130 unit
congregate housing facility, 4) subdividing two (2) parcels of 24.458 acres into eight (8) lots, 5) a
114,450 square foot building which will include 11,000 sq. ft. of retail, a 150 seat 7,500 sq. ft. restaurant,
70,000 sq. ft. of general office, 2,500 sq. ft. of drive-in bank, and ten (10) residential units, 6) a 7200
square foot addition to an indoor recreational facility, and 7) an existing 16,000 sq. ft. television studio
and office building, Farrell Street and Shelburne Road, as depicted on a 38 page set of plans, page two
(2) entitled, "Plat of Boundary Survey Properties to be Included in and Adjacent to ODell Parkway PUD
South Burlington Vermont," prepared by Civil Engineering Associates, Inc., dated June, 2000, with the
following stipulations:
1. All previous approvals and stipulations, which are not superseded by this approval shall remain in
effect.
2. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all
appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed
for the proposed public road, and utility, sewer, drainage, water and pedestrian path, etc.) shall be
submitted to the City Attorney for approval and recorded in the South Burlington land records.
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3. Prior to start of construction of the improvements described in condition #2 above, the applicant shall
post a bond that covers the cost of said improvements.
4. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of
required improvements (e.g., road, water mains, sanitary sewers, storm drains, etc.) the developer shall
submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer.
5. The plat plans shall be revised to show the changes below and shall require approval of the Director
of Planning & Zoning. Four (4) copies of the approved revised plat plans shall be submitted to the
Director of Planning & Zoning prior to recording.
a) The final plat plans shall be revised to note the Conservation & Open Space District as
such and not a Conservation Easement.
b) The final plat plan (sheet 1) shall be revised to show a 20 feet easement for a recreation
path connecting Hadley Road with the extension of Farrell Street to be located between
the Kochman and Johnson properties.
c) The plat plans shall be revised to show the zoning boundary between the R4 District and
the C 1 and C2 District.
d) The plat plans shall be revised to expand the green space along the front of the westerly
portion of the mixed use building by removing all the parking in front of the building.
On -street parking shall be added along the street in front of this building to replace some
of the lost spaces resulting from the added green space.
e) The plat plans shall be revised to show when the interstate ramp begins and to eliminate
all encroachments (i.e., walkway, recreation path, etc.) from the C.O. District which are
not along the interstate ramp.
f) The plat plans shall be revised to show finished contours along the C.O. District to ensure
that filling and re -grading do not occur within the C.O. District.
g) The plat plans shall be revised to show the location of all exterior lights, including
building mounted lights.
h) The lighting details shall be revised to show downcasting shielded fixtures for the
pedestrian lighting.
i) The plat plans shall be revised to include the design details for the proposed pedestrian
street crossings.
j) The landscaping plans shall be revised to include the water, sewer and drainage plans
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and show that trees will not be placed on top of these mains.
6. Prior to the issuance of a zoning permit for the first building, the applicant shall bond for the
construction of the recreation path extending between Hadley Road and the extended Farrell Street for
a period of three (3) years. The applicant shall be responsible for the construction of this path during
the three (3) year period if deemed necessary by the City.
7. The applicant shall post a $31,658 landscape bond for street trees prior to start of road construction
and a $132,875 landscape bond for the project prior to issuance of a 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 surviving.
8. Prior to the issuance of a zoning permit for the first building, the applicant shall provide street
numbers for the development and the renamed portion of Farrell Street.
9. Prior to recording the final plat plans, the applicant shall submit a name for that portion of Farrell
Street south of Joy Drive which is acceptable to the Director.
10. Pursuant to Section 12.406(b) of the zoning regulations, the South Burlington Development Review
Board modifies the setback requirements as shown on the approved plans.
11. The South Burlington Development Review Board, pursuant to Section 3.505 of the zoning
regulations, allows encroachment in the C.O. District along the interstate ramps. It is the Board's opinion
that the criteria under Section 3.505(a) and (b) are being met.
12. Pursuant to Sections 25.113(b) and (c) of the zoning relations, the South Burlington Development
Review Board approves taller structures within the development as follows: the four (4) multi -family
dwelling buildings and the congregate housing facility with a maximum height of 45 feet and the mixed
use building with a maximum height of 60 feet. It is the Board's opinion that the criteria under Sections
25.11.3(b) and (c) are being met for the taller structures. It is also the Board's opinion that it is the intent
of the zoning regulations to allow "predominately non-residential" buildings to exceed the 45 foot height
limit and the mixed use buildings are "predominately non-residential."
13. Prior to issuance of a zoning permit for the first building, the applicant shall record a "Notice of
Conditions" approved by the City Attorney which states that for zoning and subdivision purposes, all lots
within the PUD shall be treated as one (1) lot.
14. In order to mitigate the projected traffic impacts from this development, the applicant shall
implement the following measures prior to issuance of a Certificate of Occupancy for the first building:
a) Submit a final timing sequence implementation plan which has been agreed to by both
Wrans and the City of Burlington for the entire traffic signal system along U.S. Route
7. This plan shall also address extending the traffic cycle lengths to 90 seconds for the
entire corridor.
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b) The southbound storage bay at the Home Avenue/US 7 intersection shall be extended
to 200 feet as part of the construction of the extension of Farrell Street as shown on the
plan entitled "US Route 7 Striping Modifications," prepared by Civil Engineering
Associates, dated 8/23/00.
15. All new buildings shall be sprinklered and include fire alarms.
16. Prior to issuance of a zoning permit for the first building, the applicant shall submit a letter from the
City of Burlington granting approval for the traffic mitigation improvements.
17. Trees shall not be planted on top of water, sewer and drainage lines including the Champlain Water
District main along I-189.
18. The Development Review Board pursuant to Section 26.256(b) of the zoning regulations, approves
a total of 1006 spaces which represents a 72 space or 6.7% waiver.
19. The Development Review Board, pursuant to Section 3.505 of the zoning regulations, approves
encroachment along the interstate ramp as shown on the approve plans. It is the Board's opinion that the
criteria under Section 3.505(a) - (b) are being met.
20. Prior to issuance of a zoning permit for the first building, the applicant shall specify if metal halide
or high pressure sodium will be used. The roadway lighting must be of the type supplied by Green.
Mountain Power.
21. Prior to issuance of a zoning permit for the first building the applicant shall submit the legal
documents (irrevocable offer of dedication, deeds, etc.) to convey to the City the private street known
as Bacon Street. This street shall be upgraded to City standards prior to acceptance by the City.
22. All curbs shall be concrete not asphalt.
23. Storm catch basin and sanitary sewer manholes which will be maintained by the City shall be
adjusted to grade using manufactured or poured concrete risers not bricks and motor.
24. Sanitary sewer mains shall be bedded in 3/4 inch crushed stone with no gravel alternate as plans
show.
25. Lighting standards shall not be placed on top of water, sewer and drainage mains.
26. Any change to the final plat plans shall require approval of the South Burlington Development
Review Board.
27. The final plat plans (survey plat sheet 1, and sheets C-3, C-6 and C-7) shall be recorded in the land
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records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair
or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of
the survey plat in digital format. The format of the digital information shall require approval of the
Director of Planning & Zoning.
28. Applicant will assure Farrell Street will be completed within 90 days of the issuance of a Certificate
of Occupancy on the first residential building.
29. With respect to the construction of Farrell Street, staff, applicant and adjoining businesses will have
to meet prior to construction to assure minimal impact to businesses.
30. The applicant will comply with conditions of construction agreed to as discussed in the meeting and
as a matter of record.
4 Chair or Clerk
outh Burlington Development Review Board
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Date
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