HomeMy WebLinkAboutSP-17-76 - Decision - 0041 Rye Circle#SP-17-76
Findings of Fact and Decision
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
Rye Associates, LLC, c/o Dousevicz Construction
41 RYE CIRCLE
SITE PLAN APPLICATION #SP-17-76
FINDINGS OF FACT AND DECISION
Site plan application #SP-17-76 of Rye Associates, LLC, to construct a 4,970 sf single story building for general office use,
41 Rye Circle.
The Development Review Board held a public hearing on December 5, 2017. The applicant was represented by Brad
Dousevicz and Dave Marshall.
Based on the plans and materials contained in the document file for this application, the Development Review Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. Site plan application #SP-17-76 of Rye Associates, LLC, to construct a 4,970 sf single story building for general
office use, 41 Rye Circle.
2. The owner of record of the subject property is Rye Associates, LLC.
3. The subject property is located in the Southeast Quadrant Village Commercial Zoning District.
4. The application was received on October 30, 2017.
5. The plan submitted consists of 21 pages with the first page labeled "Lot #2 Rye Meadow Commercial Development
41 Rye Circle South Burlington, Vermont," dated 11/29/2017, and prepared by Civil Engineering Associates, Inc.
This plan set includes the following sheets.
C1.0
PROPOSED OVERALL SITE PLAN
11/29/2017
C2.0
PROPOSED SITE & UTILITY PLAN
11/29/2017
C2.1
PROPOSED GRADING & DRAINAGE PLAN
11/29/2017
C2.1A
OVERALL PROPOSED GRADING & DRAINAGE PLAN
11/29/2017
C2.2
PROPOSED LIGHTING PLAN
12/01/2017
C3.0
PROPOSED EPSC PLAN
11/29/2017
1-1.0
PROPOSED LANDSCAPING PLAN
11/29/2017
A101
FLOOR PLAN
12/4/2017
A201
EXTERIOR ELEVATIONS
10/11/2017
A202
EXTERIOR ELEVATIONS
10/11/2017
C3.1
ESPC (sic.) DETAILS & SPECIFICATIONS
2/2016
C3.2
ESPC (sic.) DETAILS
2/2016
C4.0
SITE DETAILS
2/2016
C4.1
UTILITY DETAILS
2/2016
C4.2
STORM DETAILS
2/2016
C4.3
MISC. DETAILS
10/27/2017
C5.0-05.3
SITE SPECIFICATIONS
2/2016
#SP-17-76
Findings of Fact and Decision
A) DIMENSIONAL STANDARDS
The SEQ-VC Zoning District table below represents an analysis of the requirements as applied to Lot 2 (location of the
new general office building) only.
SEQ-VC'Zoning District
Required
Proposed
Min'. Lot Size
40,000 sq. ft.
24,859 sq. ft.'
� Max. Building Height;
50 ft.
<31 ft.z
Max. Building Coverage
15%
20.1%1
Max. Overall Coverage
30%
50.1%1
Min. Front Setback (Rye Circle)
20 ft.
25 ft.
Min. Front Setback (Hinesburg Road)
50 ft. + 7 ft.
57.6 ft.
Min. Side Setback
20 ft.
>20 ft.
Min. Rear Setback
30 ft.
N/A
� Zoning compliance
1. Waiver approved in preliminary plat application #SD-13-22 and final plat application #SD-14-15.
2. Building height calculation at mid -point of roof not provided, however roof peak is within allowable height
B) SEQ-VC SUB -DISTRICT; SPECIFIC REGULATIONS
Land Development Regulations Section 9.10D apply to non-residential land uses in the SEQ-VC sub -district.
(1) Building Orientation: Non-residential buildings must be oriented to the principal public street on which the
building has a facade. Primary building entries must be oriented to and open onto a sidewalk or other public
walkway providing access from the public street. Secondary building entries may open onto parking areas.
The proposed building has a primary building entry on Rye Circle and secondary entries onto the parking lot
to the South. The Board finds this criterion met.
(2) Building Facades
(a) Building facades should be varied and articulated for pedestrian interest.
The Board finds this criterion met.
(b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls
(without glazing) should not exceed thirty feet (30') in length at the street level.
The primary facade has several windows and an entry as well as a sidewalk to the street. The Board finds
this criterion met.
(c) Building entries should be emphasized with special architectural treatment.
The entries are emphasized with gabled awnings. The Board finds this criterion met.
(d) All buildings should have a well-defined 'base' with richer detail in the pedestrian's immediate view
(i.e., textured materials, recessed entries, awnings, fenestration -patterns) and a recognizable 'top' consisting of
elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets.
The proposed building is one story. There are textural elements proposed along the bottom portion of
the building and breaks in the building wall varying its depth. The Board finds this criterion met.
(e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style
roofs are discouraged.
Lit 'i:" in gic� ,
PLANNING & ZONING 2Of10
#SP-17-76
Findings of Fact and Decision
The proposed building has a gabled roof. The Board finds this criterion met.
(f) Buildings in the SEQ-VC should employ "four-sided" design principles intended to ensure a high visual
quality from any publicly -used vantage point.
The proposed building has a similar appearance to the buildings on Lots 1 and 3. The Board finds this
criterion met.
(3) Building Setbacks. New buildings with commercial uses must be built within a build -to -zone established no
less than fifteen feet (15') and no more than twenty feet (20') from the edge of the curb. The area between
the building and the curb shall provide for convenient pedestrian access via sidewalk or recreation path; see
Section 9.10(C)(1) above. Parking is prohibited between the building and the sidewalk.
The Board approved a request for waiver of this standard as part of approval MP-13-01.
(4) Parking
(a) Notwithstanding the provisions of Article 13 of these Regulations, each non-residential use shall provide
three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a parking waiver in
conformance with Section 13.1(N)(3). The Development Review Board may allow on -street parking within 500
linear feet of the nearest building line of the use to count towards the use's parking requirements.
The 4,970 sq. ft. general office building is required to have 15 parking spaces. 21 parking spaces are provided on
Lot 2. Snow storage is located adjacent to the dumpster enclosure south of the proposed building. The PUD uses
shared parking to meet the parking requirements as a whole. The applicant has provided the following table
summarizing their parking approach. The Board finds this criterion met.
Lot
Building Square
Footage
Required
Parking
Provided Off -Street
Parking
1
5,100
15
13
2
4,970
14
21
3
6,290
18
22
1, 2 & 3 Combined
16,360
47
55
(b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking anywhere within the
VC district, regardless of linear distance from the proposed use.
The subject parcel meets the required parking standards without using shared parking. The PUD as a whole uses
shared parking to meet the parking requirements for the three commercial lots. The Board finds this criterion
met.
C) PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 9.13 of the Land Development Regulations, all development in the Southeast Quadrant (except single
family residences and two-family residences on a single existing lot) must be reviewed using the Planned Unit Development
standards in Section 15:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project.
The applicant must provide documentation of any necessary permits related to water and wastewater from the appropriate
permitting agencies.
out 1' ,
3Of10
PLANNING £ ZONING
#SP-17-76
Findings of Fact and Decision
(A)(2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff
from creating unhealthy or dangerous conditions on the subject property and adjacent properties.
The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land
Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
An erosion control plan has been submitted. The applicant's engineer provided the following additional information via email
on November 28, 2017.
Hi Marla,
A state construction general permit has been obtained for the project area, the permit covers the entire Rye
Meadows development including but not limited to the construction of 20,000 GSF in 5 commercial buildings and
supporting road and utility infrastructure. The permit expires in 2019.
Billy Roberts
Civil Engineering Associates, Inc.
The Board finds this criterion met.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable
congestion of adjacent roads.
The Board found this criterion met as part of final plat approval #SD-14-15. The Board finds that no elements of the project
affecting compliance with this criterion have been modified.
(A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified
in the Open Space Strategy, and any unique natural features on the site.
There are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural features in the
area that would be affected by this project. The Board found this criterion met for the PUD as a whole as part of final plat
approval SD-14-15. The Board finds this criterion met.
(A)(5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in
the Comprehensive Plan and the purpose of the zoning district(s) in which it is located.
The applicant has provided renderings of the building indicating that it will be similar, but not identical, to the existing
adjacent commercial buildings. The Board finds this criterion met.
(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous
open spaces between adjoining parcels and/or stream buffer areas.
The Board finds there are no open space areas on this portion of the PUD that would be affected by this project.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire
protection can be provided.
southg�-.'. -In 4 of 10
PLANNING & ZONING
#SP-17-76
Findings of Fact and Decision
The Deputy Fire Chief reviewed the plan on November 30, 2017 and provided the following comment.
Commercial structures will need fire protection plan review from the South Burlington Fire Marshall's office to review for
compliance with the Vermont Fire and Building Safety Codes.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed
in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners.
The Board found this criterion met on an overall basis as part of final plat approval #SD-14-15. A review of site -specific
facilities is included below under Site Plan Review Standards.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s).
The Comprehensive Plan states that priority should be given to the preservation of open space areas within the quadrant
"outside of those areas [districts, zones] specifically designated for development." The SEQ-VC is an area specifically
designated for development and therefore the proposed commercial building is consistent with the Plan. The Board found
this criterion met as part of final plat approval #SD-14-15.
D) SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan
approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review
standards for all site plan applications:
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by
the applicant should be given to the goals and objectives and the stated land use policies for the City of South
Burlington as set forth in the Comprehensive Plan.
The Board found this criterion to be met as part of final plat approval #SD-14-15.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to
structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas.
The commercial portion of the PUD uses shared curb cuts and parking areas to encourage transitions between
the site. The Board finds this criterion met.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street
shall be considered a front side of a building for the purposes of this subsection.
Parking is located to both sides of the building. No parking is proposed facing the street. The Board finds this
criterion met.
(b) - (d) (not applicable)
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each
building shall be compatible with its site and existing or anticipated adjoining buildings.
nLaNnaarac & ZONINGof10
#SP-17-76
Findings of Fact and Decision
The proposed building is similar to the adjacent commercial buildings. The Board finds this criterion met.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens
and visual interruptions to create attractive transitions between buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and
roads in the vicinity that have a visual relationship to the proposed structures.
The proposed building is similar to the adjacent commercial buildings and is integrated into the surrounding
topography and landscaping. The Board finds this criterion met.
In addition to the above general review standards, site plan applications shall meet the following specific standards as set
forth in Section 14.07 of the Land Development Regulations:
A. Access to Abutting Properties. The reservation of land maybe required on any lot for provision of access to abutting
properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to
provide additional access for emergency or other purposes, or to improve general access and circulation in the area.
The property shares a curb cut with the building at 27 Rye Circle and a curb cut with the building at 89 Rye Circle,
thus limiting curb cuts onto adjacent roads. The Board finds this criterion met.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground.
Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring
properties and to the site.
All utilities are proposed to be underground. The Board finds this criterion met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling
or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash
and debris do not escape the enclosure(s).
A dumpster is proposed at the eastern end of the parking area on the south side of commercial Lot 2. It will be
located on a concrete pad, be accessed via hinged doors, and enclosed with screen board or another material.
The applicant indicated that the provided enclosure is adequate for trash, recycling and compost. The Board finds
this criterion met.
D. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be
required for all uses subject to planned unit development review. The total cost of the buildings in the portion of the
project seeking site plan approval is estimated at $596,650 by the applicant. The minimum landscaping budget is
$13,466.70 as calculated below. The applicant is proposing $13,500 in landscaping.
south'y 6 of 10
PLANNING & ZONING
#SP-17-76
Findings of Fact and Decision
Total Building
% of Total
Minimum Landscaping
Construction or Building
Construction/
Budget
Improvement Cost
Improvement Cost
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over
1%
$966.50
$500,000
Minimum
$13,466.50
Landscaping $
Proposed
$13,500
Landscaping
The City Arborist indicated on November 9, 2017 in an email to staff that there are no comments on the
proposed plantings.
The Board finds this criterion met.
F. Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that
integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff
from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is
reasonable practicable to where it hits the ground, is required pursuant to the standards contained within
Article 12.
The PUD has obtained a State Individual Stormwater Discharge Permit (permit no. 7017-INDS), expiring November
23, 2019. No changes have been made to the stormwater management system since final plat approval. The
Board finds this criterion met.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking,
and Circulation shall be met.
The dimensions of parking and driveways meet the standards of Section 15.12 and 13.01. The Board finds this
criterion met.
E. OTHER
1. Traffic Generation
Using values from the 101h Edition ITE Trip Generation Manual, the proposed 4,970 square foot general office
building would generate 5.72 vehicle trip ends during the P.M. peak hour.
2. Lighting
Section 13.07 of the Land Development Regulations addresses exterior lighting as follows.
A. General Requirements. All exterior lighting for all uses in all districts except for one family and two-family
uses shall be of such a type and location and shall have such shielding as will direct the light downward
and will prevent the source of light from being visible from any adjacent residential property or street.
so
Ic ".
7Of10
PLANNING R. ZONING
#SP-17-76
Findings of Fact and Decision
Light fixtures that are generally acceptable are illustrated in Appendix D. "Source of light" shall be
deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s).
Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting
is encouraged.
B. Specific Requirements for Parking Areas. Light sources shall comply with the following:
1) The number and spacing of required light pole standards in a parking area or lot shall be
determined based on the type of fixture, height of pole, number of fixtures on the pole, and the
desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting
shall be considered evenly distributed if the light fixtures are placed at intervals that equal four
times the mounting height.
2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from
becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent
properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a
hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the
traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be
minimized to drivers on adjacent streets.
3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material,
with a decorative surface or finish.
4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground
wiring.
5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground
wiring.
There is one pole light on the north side of the proposed building and one on the south side within the property,
as well as one light pole on Lot 3, illuminating the parking areas. Poles are shown to be 12 feet to 18 feet tall
and to have forward throw fixtures. These are the same fixtures which were provided for Lot 3, which at that
time were determined to be downcast and shielded. Components are made of aluminum. The Board finds this
criterion met.
6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure,
whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher
than the roof of the structure.
The proposed building on Lot 2 will have one (1) building -mounted light on the western elevation,
two (2) mounted on the southern elevation, and one (1) mounted on the eastern elevation. There
will be one (1) recessed LED light mounted on the ceilings of each entry canopy. Details for the
proposed light fixtures are not provided. The provided photometric plan shows that there will be
some spillage of the site lighting into Rye Circle at levels below 0.1 foot candles. The standard for
spillage as defined in Appendix A.10 is no greater than 0.3 foot candles with an average no greater
than 0.1 foot candles. All of these fixtures will be mounted at less than 30 feet in height. The Board
considers this criterion met.
3. Energy Standards
The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential
and Commercial Building Energy Standards of the LDRs.
4. Utility Cabinets/HVAC Units
Ott .
8of10
PLANNING & znN..INr
#SP-17-76
Findings of Fact and Decision
The plans should show any existing or proposed utility cabinets and/or ground mounted HVAC units. Per Section
13.18(B)(4) of the LDRs any such units would be required to be landscaped with evergreens of sufficient height
and density to be screened from the surrounding property. The proposed landscaping plan shows evergreen
shrubs surrounding the utility cabinets. The Board finds this criterion met.
5. Bicycle Parking
The proposed 4,970 sq. ft. office building requires four (4) short term and two (2) Tong term bicycle parking
spaces according to the provisions of Section 13.14. The applicant has provided six (6) short term spaces which
meet the short term bicycle parking requirements. The applicant has indicated that they will provide long term
bicycle parking for two bicycles in an outdoor enclosure equipped with a stand to prevent the bicycles from
leaning on one another. The applicant has also provided one clothes locker inside the building.
DECISION
Motion by Matt Cota, seconded by Jennifer Smith, to approve site plan application #SP-17-76 of Rye Associates, LLC
subject to the following conditions:
1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect.
2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South
Burlington Department of Planning and Zoning.
3. The applicant must obtain a zoning permit within six (6) months to construct the building on Lot 2 pursuant to
Section 17.04 of the Land Development Regulations or this approval is null and void.
4. The plans must be revised to show the changes below and will require approval of the Administrative Officer.
Three (3) hard copies of the approved revised plans must be submitted to the Administrative Officer prior to
zoning permit issuance.
a. Show the long-term bicycle parking enclosure on the plan
b. Relocate the short-term bicycle parking to the side of the building with the entrances
5. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project
plans as approved in digital (PDF) format.
6. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit for building on
Lot 2. The applicant must provide documentation of any necessary permits related to water and wastewater from
the appropriate permitting agencies.
7. Prior to zoning permit issuance, the applicant must post a $13,466.50 landscaping bond. This bond must remain
in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival.
8. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -
site.
9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service
modifications must be underground.
9 of 10
PLANNING & ZONING
#SP-17-76
Findings of Fact and Decision
10. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector
surfaces from view beyond the perimeter of the area to be illuminated.
11. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Board
estimates that this use will generate 5.72 additional vehicle trip ends during the p.m. peak hour.
12. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of
the structure.
13. Any change to the site plan will require approval by the South Burlington Development Review Board or
Administrative Officer.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5 — 0 — 0.
Signed this 19 day of December 2017, by
d�
Bill Miller, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of
appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy
of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575
Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-
828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements,
deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this
project. Call 802.477.2241 to speak with the regional Permit Specialist.
south I '"
10 of 10
P1aNraiuc & zoNaNs