HomeMy WebLinkAboutSD-00-41 SD-00-42 - Decision - 0060 Farrell Street#SD-00-41 & SD-00-42
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat application and final plat application of Wright and Morrissey
Realty Corporation to amend a planned unit development consisting of: 1) an 11,400 square foot
general office building, and 2) a 41,000 square foot building which includes 40,500 square feet of
general office use and 500 square feet of bakery and delicatessen use. The amendment consists of
1) replacing the 11,400 square foot general office building with a 35 unit multi -family dwelling, 60
Farrell Street.
On the 5th of September, 2000, the South Burlington Development Review Board approved the final
plat application of Wright and Morrissey Realty Corporation under Section 203 and Section 204 of
the South Burlington Subdivision Regulations based on the following findings:
1. This project is an amendment to a P.U.D. consisting of 1) an 11,400 square foot general office
building, and 2) a 41,000 square foot building which includes 40,500 square feet of general
office use and 500 square feet of bakery and delicatessen use. The amendment consists of 1)
replacing the 11,400 square foot general office building with a 35 unit multi -family dwelling.
2. The property located at 60 Farrell Street lies within the C2 and C.O. Districts. It is bounded on
the north by the Olympiad Fitness Center, on the west by Farrell Street, on the south by I-89, and
on the east by WCAX studios.
3. Access/circulation: Access is provided by a 30 foot curb cut on Farrell Street and a 24 foot curb
cut on Joy Drive. Access to Joy Drive is via a deeded right of way over the Olympiad property.
Circulation on the site appears to be adequate. The applicant has depicted a pedestrian walkway
linking the proposed parking area with the existing parking area on the landscaping plans. The
proposed walkway encroaches into the C.O. District which is not allowed. The site plan should
be revised to include a walkway.
4. Coverage/setbacks: The existing building coverage is 5% and will increase to 10% (20% max).
The total coverage for the property is 27.6% and will increase to 44% (40% max). Coverage
requirements are therefore not being met. 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. Staff supported this
because it encourages mixed use development. The required setbacks according to Section
26.154(d) of the Zoning Ordinance is 30 feet for a planned unit development. This setback is
not being met on the north boundary of the property. The Planning Commission may modify
these setback requirements under Section 12.406 (b) of the zoning regulations. Additional
setback requirements required for the height waivers are also not met (see discussion on building
height).
5. Densi : The maximum density for this property, based on acreage, is 34.3 units of residential
housing. The applicant is proposing 35 units of housing. This exceeds the maximum density
by one unit. Staff recommended reducing the number of units by one to meet the density
requirements.
6. Building Height: The applicant requested a seven foot height waiver for the proposed building
which is proposed to rise to an overall height of 42 feet. This is a flat roof structure which under
Section 25.113 (a) of the zoning regulations have a maximum height limit of 35 ft. Under
Section 25.113 (b) of the Zoning regulations, the DRB may approve an increase in height for a
residential structure up to 45 ft. if the Board determines that a taller structure:
(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 (d) of the zoning regulations requires additional setbacks for taller structures.
The building must have a setback no less than 33.5 feet. A setback of 19 feet is proposed along
the northern boundary and therefore does 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.
Elevations should be revised to correctly label the east and west elevations and provide a door in
the center of the west fagade to provide for pedestrian access of the western parking area.
7. Landscaping_ The minimum landscaping requirement, based on building costs, of $22,500 is
being met. The proposed landscaping includes Dark American Arborvitae, Japanese Green
Barberry, Aglo Rhododendron, Anthony Waterer Spirea, Cutleaf Stephanandra, and Red
Oak.
8. Lighting: All lighting must be downcasting and shielded. The Director of Planning and
Zoning has reviewed the proposed lights and recommends that the building mounted lights
have wattage of 100 watts or less.
9. Parking: A total of 79 additional parking spaces are required for the proposed use for a total
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of 230 necessary spaces. A total of 217 spaces will be available. Sixty-six additional
parking spaces are proposed and the applicant has requested a parking waiver for the 13
space difference. A total of seven handicapped spaces are required and eight are provided.
A bike rack is also being provided. The proposed location of the bike rack is within the
Conservation/Open Space District. The applicant should revise the plans to relocate the bike
rack outside the C. O. District. It should be clear that no additional parking is approved for
the Olympiad at this time.
10. Traffic: ITE estimates that the approved uses for this property would generate 119 trip ends
(vte's) during the P.M. peak hour. The proposed changes to property generate 118 vte's.
The traffic impact fee will therefore be zero (0).
11. Sewer: The applicant sought an additional sewer allocation request for 5,970 g.p.d. The total
proposed sewer allocation for this property will thereby increase to 9,820 g.p.d. The
applicant will be required to pay the per gallon fee of $2.50 per gallon for the additional
allocation prior to permit issuance.
12. Impact fees: The applicant was made aware that school, recreation, and road impact fees will
apply to the new residential building.
13. C.O. District: The applicant proposed constructing a pedestrian path in the adjacent
Conservation Open Space District. This is neither a permitted or conditional use in the C.O.
District and should be removed from the plans. The applicant has also proposed filling,
grading, and constructing drainage within the C.O. District. These are neither permitted or
conditional uses in the C.O. District. The applicant should submit finish grade contours to
ensure that no filling or regarding takes place in the C.O. District. The landscaping plans
illustrate a patio area in the C.O. District. This should be removed from the plans as patios
are neither permitted or conditional uses in the C.O. District. The applicant has proposed
planting red oak trees in the C.O. District to create additional buffering along Interstate as
required by Section. 26.105c of the Zoning Ordinance.
14. Other: The proposed dwelling units will not be less than 500 square feet per unit.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
preliminary plat application #SD-00-41 and final plat application #SD-00-42 of Wright and
Morrissey Realty Corporation to amend a planned unit development consisting of: 1) an 11,400
square foot general office building, and 2) a 41,000 square foot building which includes 40,500
square feet of general office use and 500 square feet of bakery and delicatessen use. The
amendment consists of. 1) replacing the 11,400 square foot general office building with a 35 unit
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multi -family dwelling, 60 Farrell Street, as depicted on a nine page set of plans, page one entitled
"Wright and Morrissey Realty Corp. Proposed Multi -Family Housing Overall Site Plan South
Burlington Vermont," prepared by Civil Engineering Associates, dated May 2000, last revised on
7/20/00, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. The plat plans shall be revised to show the changes below and shall require approval of
the Director of Planning & Zoning. Four copies of the approved revised plans shall be
submitted to the Director of Planning & Zoning prior to recording:
a. The plans shall be revised to remove all encroachments from the Conservation
and Open Space District including the patio, the retaining wall, and all paths.
b. The plans shall be revised to relocate the bike rack from the Conservation and
Open Space District.
c. The plans shall be revised to show plantings that will create a noise barrier.
d. The plans shall be revised to reduce the number of units by one to 34 units.
e. The plans shall be revised to illustrate the building mounted lights with wattage of
100 watts or less.
f. The plans shall be revised to eliminate the future parking proposed for the Olympiad.
g. The plans shall be revised to include finished contours to ensure that no filling or
grading takes place in the Conservation and Open Space District.
3. 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.
4. Pursuant to Sections 25.113(b) and (c) of the zoning regulations, the South Burlington
Development Review Board approves the taller structure within the development as follows:
maximum height of 42 feet. It is the Board's opinion that the criteria under Sections 25.113(b)
and (c) are being met for the taller structure.
5. Pursuant to Section 25.256(b) of the zoning regulations, the Development Review Board
approves a 13 space or 6% waiver for a total of 217 spaces approved. The applicant is
authorized to construct fewer parking spaces according to their need.
6. All exterior lighting shall consist of downcasting shielded fixtures. Any change to
approved lights shall require approval of the Director of Planning & Zoning prior to
installation.
7. The Development Review Board approves an additional sewer allocation of 5,970 gpd
for a total allocation of 9,820 gpd. The applicant will be required to pay the per gallon
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fee prior to permit issuance.
8. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the proposed multi -family
dwelling will generate zero (0) additional vehicle trip ends during the P.M. peak hour.
9. The proposed building shall be sprinklered and include a fire alarm.
10. The sanitary sewer line shall be bedded in 3/4 inch crushed stone.
11. The recycled crushed concrete or asphalt may be used for road and parking lots base
instead of bank run gravel.
12. The units shall not be less than 500 square feet in size.
13. Prior to issuance of a zoning permit, the applicant shall post a $22,500 landscape bond.
The bond shall remain in effect for three years to assure that the landscaping takes root
and has a good chance of surviving.
14. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302
of the zoning regulations or this approval is null and void.
15. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to occupancy of the building.
16. The final plat plans (sheet one and plat survey) shall be recorded in the South Burlington
land records within 90 days or this approval is null and void. The plans shall be signed
by the Development Review 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.
Chair or Clerk
mouth Burlington Development Review Board
Date
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