HomeMy WebLinkAboutSD-99-82 - Decision - 0466 Farrell Street#SD-99-82
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat application of the Wright/Morrissey Realty Corporation for a
mined use planned unit development.
On the 4th of January, 2000, the South Burlington Development Review Board approved the
preliminary plat application of the Wright/Morrissey Realty Corporation under Section 203 of the
South Burlington Subdivision Regulations based on the following findings:
1. This project consists of a mixed use planned unit development consisting: 1) an 85 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 retail,
restaurant, general office, drive-in bank, and ten (10) residential units, and 6) a 7200 square foot addition
to an indoor recreational facility
2. The owners of record of the properties involved in this Planned Unit Development are David
Farrell, Stuart McConaghy and the Farrell Corporation.
3. 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 I-189 and on the west by Mall 189 and Shelburne Road.
4. Access/eirculation: Access will be provided by a proposed City street (O'Dell Parkway) which will
connect Shelburne Road with Farrell Street. 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.
Providing this pedestrian connection would further the following recommendations contained in the
Comprehensive Plan:
a. Sidewalks and/or walkways should be required where it is appropriate during site plan and
subdivision review.
b. 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.
5. Coverage/setbacks: Building coverage is 16.5%, with Ben Franklin it is 17.9% (maximum allowed
for commercial is 30% and for residential is 20%). Overall coverage is 55.27%, with Ben Franklin
it is 56.01% (maximum allowed for commercial is 70% and for residential is 40%). Front yard
coverage was requested but not submitted.
It has been the Planning Commission'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 did not seem to be a problem at sketch plan. Staff supported this because it
encourages mixed use development.
Setback requirements are not met for the addition to Twin Oaks Fitness Center. The addition does
not meet the 65 foot setback requirement from a residential district. 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 is also not met
(see discussion on building height).
6. Parkina: A total of 1070 spaces are required (including the 92 for Ben Franklin) and 1070 spaces
(341 covered spaces) including 16 handicapped spaces and 30 bicycle stalls are being provided.
7. 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/offee and congregate housing buildings. At a minimum, all the pavement, with the exception
of sidewalks and plazas, should be eliminated along the front of the westerly portion of the mixed use
building and the parking placed behind the building. The congregate housing building should be
brought closer to O'Dell Parkway and the parking placed behind the building. It could be designed
to still have the drop-off canopy in the front. These design changes 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 buildings to the public street
and better connect the two sides of the development.
8. C.O. District: There is a C.O. District along the I-189 r.o.w. The only encroachments proposed
are a walkway along the south side of the southeasterly residential building which connects to Farrell
Street, a five (5) ft. wide gravel recreation path along the interstate, and a corner of a basketball
court. The encroachments that are not along the interstate ramp are not permitted. 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:
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(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.
The zoning map indicates that there is a drainageway running roughly north -south on this property.
If this is the case, there is a corresponding C.O. District along this drainageway that should be shown
on the plans and respected. The applicant indicated that there is no drainageway on the property.
9. 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:
a) 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.
b) 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.
10. Sewer: The sewer allocation requested for this development is 72,250 gpd (includes 20%
reduction allowed by State). The applicant will be required to pay the per gallon fee prior to permit
issuance. In the past, the Planning Commission would put a time limit on the availability of the sewer
allocation. Staff recommended a condition that sewer allocation be for a 10 year period of time
beginning at the date of final plat approval. Any building for which a zoning permit has not been
issued within the 10 year time limit shall lose its allocation unless re -approved by the Board.
11. Building Height: 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 that 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 may
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approve an increase in height for a residential structure up to 45 ft. if the Board determines that a
taller structure:
a) Will utilize topography and will relate to other existing and proposed structures so as to be
aesthetically compatible with the neighborhood;
b) will not detract from scenic views of adjacent properties or public streets and walkways; and
c) 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
that exceeds the height limitation provided the Board determines that a taller structure:
a) will not a affect adversely the essential character of the neighborhood or district in which the
property is located; and
b) 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
stars 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 will have to make a determination on
how to interpret the regulations and whether it can approve the taller structure. The Board could
interpret this section to mean "predominately non-residential" in which case this building being not
predominately residential could be allowed to exceed 45 ft. Staff supported the mixed use building,
however the DRB and the applicant should know that the flexible interpretation might not stand a
court challenge.
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 may waive the requirements of this section as long as the
general objectives of the PUD and applicable zoning district are met.
12. F000dplain: The Overlay District map indicates that a portion of this property lies within the 100
year floodplain. This floodplain should be shown on the plans. No development is permitted in the
Floodplain Overlay District. At sketch plan, staff suggested the applicant conduct a hydrology study
to determine the exact limits of the floodplain. The applicant indicates that the property is not within
any floodplain and there are no streariis on the property. Applicant should provide a written
certification to this effect from an engineer.
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13. School Impact: The applicant should submit with the final plat submittal a letter from the School
Superintendent addressing school impact.
14. Recreation Path: As indicate above, that portion of the foot path located in the C.O. District that
is not along the interstate ramp is not permitted. The Recreation Path Committee will review this
plan at their 1/3/00 meeting.
15. 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. These lot adjustments will
result in all lots remaining the same size.
16. Legal documents: This PUD will result in the creation of eight (8) lots. Prior to recording the
final plat plans, 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 shall 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.)
17. Lighting -Exterior lighting information was not available.
18. Bus Stops: The final plat submittal should include a statement from CCTA that they have
approved the locations of the new bus stops.
19. 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.
Staff recommended that the applicant delineate the wetlands for final plat.
20. P.U.D. Repprt: The applicant should submit a written report addressing the P.U.D. criteria under
Section 26.151 of the zoning regulations.
21.Other: The final plat submittal should include a document signed by all the property owners involved
agreeing to be co -applicants to this application. The sidewalks on the north side of O'Dell Parkway where
there is no on -street parking (westerly section) should be moved away from the curb to provide a green
strip suitable for plantings.
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DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves the
preliminary plat application of Wright/Morrissey Realty Corporation for a mixed used planned unit
development consisting of 1) 160 residential units in four (4) buildings, 2) an 85 room hotel, 3) a 130 unit
congregate housing facility, 4) 7200 square foot addition to an indoor recreational facility, 5) a 91,000
square foot building which will include retail, general office, bank with drive -through service, restaurant
and 10 residential units, and (6) subdividing two (2) parcels of 24.458 acres into eight (8) lots, Shelburne
Road and Farrell Street, as depicted on a 33 page set ofplans, page two (2) entitled, "O'Dell Parkway PUD
Master Landscape Plan;" prepared by T.J. Boyle and Associates; dated 12/27/99, 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 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.
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 plans shall be revised prior to final plat submittal as follows:
a) The plat plans shall be revised to show all the zoning district boundaries.
b) The plat plans shall be revised to show a pedestrian connection (i.e. recreation path as recommended
by the Recreation Path Committee) to connect this development with the residential neighborhood between
the Kochman & Johnson properties.
c) The plat plans shall be revised to expand the green space, along the front of the westerly portion of the
mixed use building.
el A The plat plans shall be revised to eliminate all encroachments (e., walkway, recreation path, etc) from
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the C.O. District which are not along the interstate ramp.
The plat plans shall be revised to show all wetlands on the property delineated by a wetland expert.
* The plat plans shall be revised to move the sidewalk located on the north side of ODell Parkway where
there is no on -street parking (westerly section) away from the curb to provide a green strip suitable for
plantings.
9 „a� The final plat plans shall be revised to show a recreation path extending between Shelburne Road and
Farrell Street along O'Dell Parkway as recommended by the Recreation Path Committee.
6. The Development Review Board approves a sewer allocation of 72250 gpd (includes 201/o reduction
allowed by State). The sewer allocation shall remain in effect for ten (10) years from the date of final plat
approval. Any buildings that have not been issued zoning permits within ten (10) years shall lose their
allocation unless re -approved by the Development Review Board. The applicant shall be required to pay
the per gallon fee prior to permit issuance.
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. The final plat submittal shall include a written report addressing the PUD criteria under Section 26.151
of the zoning regulations.
9. The final plat submittal shall include a letter from the School Superintendent regarding the impact of
this development on the school system.
10. The applicant shall provide street numbers for the development based on the E911 addressing system
with the final plat submittal.
11. The final plat submittal shall include the front yard coverage information.
12. 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 with the exception of the
Burlington Indoor Tennis Center addition.
13. 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 rates. It is the Board's opinion
that the criteria under Section 3.505(a) and (b) are being met.
14. Pursuant to Sections 25.113(b) and (c) ofthe zoning regulations, the South Burlington Development
Review Board approves taller structures within the development as follows: the four (4) multi -family
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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
25.113(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 building are "predominately non-residential."
15. The final plat submittal shall include a written statement form a licensed engineer that the property is
not within any floodplain.
16. Prior to recording the final plat plans; 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.
17. The final plat submittal shall include a detailed lighting plan showing the location of all exterior lights
and provides details (cut -sheets) for all exterior light fixtures.
18. The final plat submittal shall include a statement from CCTA that they have approved the locations
of the new bus stops.
19. The final plat submittal shall include a document signed by all the property owners involved with this
PUD agreeing to be co -applicants to this application.
20. In order to mitigate the projected traffic impacts from this development; the applicant shall implement
the following measures prior to the issuance of a Certificate of Occupancy for the first building:
a) Extend traffic signal cycle lengths to 90 seconds from the current 80 seconds for the entire corridor.
b) The southbound storage bay at the Home Avenue/US 7 intersection shall be extended to 200 feet.
c) The final plat submittal shall include a final timing plan based on a methodology that evaluates the entire
traffic signal system.
d) The final plat submittal shall include a statement from the applicant's traffic consultant that the actual
lengths of the northbound and southbound storage lanes have been verified. The consultant shall also
check to determine if there is enough room between the Shelburne Plaza intersection and the Home
Avenue intersection to add storage length, including the deceleration and taper lengths.
e) The north leg of Farrell Street would "T" into the newly reconfigured O'Dell Parkway/Farrell Street.
f The applicant is required to implement a more aggressive traffic calming program in the Hadley Road
neighborhood. A final plan would require approved by the City Council prior to implementation.
21, All new buildings shall be sprinklered and include fire alarms.
22. The final plat submittal shall include an evaluation of the capacity of the eight (8) inch sewer main on
Farrell Street and the pumping station near the correctional center.
23. Trees shall not be planted on top of water, sewer and drainage lines including the Champlain Water
District main along I-189.
24. The applicant shall submit the traffic report to the City of Burlington for approval of the traffic
mitigation improvements: The final plat submittal shall include a letter from the City of Burlington granting
approval for these improvements.
25. The final plat application shall be submitted within 12 months.
// Chair or Clerk
South Burlington Development Review Board
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