HomeMy WebLinkAboutSD-06-105 SD-06-106 - Decision - 1100 Hinesburg Road#SD-06-105
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
EAST MOUNTAIN VIEW, LLC - PLANNED UNIT DEVELOPMENT
1100 HINESBURG ROAD
PRELIMINARY PLAT APPLICATION #SD-06-105
FINAL PLAT APPLICATION #SD-06-106
FINDINGS OF FACT AND DECISION
East Mountain View, LLC, hereafter referred to as the applicant, is seeking preliminary
and final plat approval for a planned unit development consisting of a 24,400 sq. ft. 2-
story medical office building, 1100 Hinesburg Road. The Development Review Board
held a public hearing on January 2, 2006. Jeremy Matosky represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking preliminary and final plat approval for a planned unit
development consisting of a 24,400 sq. ft. 2-story medical office building, 1100
Hinesburg Road.
2. The owner of record of the subject property is East Mountain View, LLC.
3. The subject property is located in the Industrial & Open Space (10) Zoning
District.
4. The plans submitted consist of an 11 page set of plans, page two (2) entitled,
"Boundary Plat East Mountain View 1100 Hinesburg Road South Burlington, VT",
prepared by Trudell Consulting Engineers, dated 8/28/06.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10Zoning District_
Required
Pro osed
♦ Min. Lot Size
3 acres
2.43 acres
Max. Density
n/a
n/a
Max. Building Coverage
30%
11.5%
Max. Overall Coverage
50%
49.7.0%
4 Min. Front Setback
50 ft.
42 ft.
Min. Side Setback
35 ft.
35 ft.
Min. Rear Setback
50 ft.
>50 ft.
4 Max. Building Height
35 ft.
43.3 ft.
Front Yard Coverage
30%
25.3%
zoning compliance
n/a no residential units proposed
♦ pre-existing non-compliance
46 waiver required
The applicant is requesting a front setback waiver of 7'3" for the porte-cochere. The
remainder of the building is beyond the front setback. This request reasonable as the
plans already account for a future widening of the roadway.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure. The South Burlington Water Department has reviewed the
plans and provided comments in a letter dated December 14, 2006.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
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.
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The applicant has submitted grading and erosion control plans
The South Burlington Stormwater Superintendent is reviewing the grading and erosion
control plans and may have comments prior to the hearing.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this property is proposed via a two-way 24' drive off of Hinesburg Road. The
applicant is proposing a 13' one-way drop off lane. Visitors to the site may either utilize the
drop off lane and then continue to circulate around the building, or they may drive straight
and proceed to the parking in the rear of the building or park underneath.
The applicant is also proposing an underground parking garage. It appears that there is an
entrance and exit at both the north and south sides of the garage. Both access points are
proposed to be ingress and egress.
The official city map projects a future recreational path or bike lane to be built along the
eastern side of Hinesburg Road. The applicant should provide a 20 foot easement to the
City of South Burlington, starting from the existing state Right -of -Way of Hinesburg Road.
At sketch plan review, the applicant stated that they would provide this easement. It is
shown on the site plan and the survey plat.
At sketch plan review, staff recommended, and the Board supported, a shared access drive
for this property and the lot to the south. This has been adequately shown on the site plan
and the survey plat.
The South Burlington Fire Department has reviewed the plans and provided comments in a
letter dated December 28, 2006.
According to the ITE Trip Generation Manual, 7th Edition, the 24,400 square feet of medical
office use is estimated to generate 85 PM peak hour trip ends.
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.
The applicant has stated that the subject property does not contain any wetlands, streams,
or other unique natural features.
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.
According to Section 6.04(A) of the Land Development Regulations, the Industrial -Open
Space 10 District is established to provide suitable locations for high -quality, large -lot
office, light industrial and research uses in areas of the City with access to major arterial
routes and Burlington International Airport. The l0 District regulations and standards are
intended to allow high -quality planned developments that preserve the generally open
character of the district, minimize impacts on natural resources and water quality, and
enhance the visual quality of approaches to the City while providing suitable locations for
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employment and business growth. The location and architectural design of buildings in a
manner that preserves these qualities is strongly encouraged.
The proposed project is in compliance with the stated purpose of the 10 District, as outlined
in the Land Development Regulations.
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 open spaces on this property are largely limited to the perimeter of the lot. This should
allow for the creation of open spaces between adjoining parcels.
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.
It has already been stated that the Fire Chief has reviewed the plans and provided
comments.
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 applicant is proposing a stormwater retention pond on the property. The resulting
amount of impervious surface meets the guidelines for state review and so the project shall
be reviewed at the state level.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The City Engineer has reviewed the pans and provided comments in a memo dated
December 21, 2006.
A lighting point by point plan for the proposed project has been submitted for this proposal,
and meets the requirements in Appendices A.9 and A.10 of the Land Development
Regulations. In addition, the applicant has submitted exterior lighting details (cut -sheets) for
the proposed lighting on the subject parcel. The proposed lighting fixtures are in
compliance with Appendix D of the Land Development Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 establishes the following general review standards
for all site plan applications:
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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 applicant has provided for adequate pedestrian movement to and within the subject lot.
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the
24,400 SF of Medical Office use shall require 122 parking spaces. The applicant is
proposing to provide 106 parking spaces. Therefore the applicant is requesting a parking
waiver of sixteen (16) spaces, or 13.1 %.
The applicant shows five spaces marked as handicapped accessible. Five are required.
The dimensions of the proposed parking spaces meet the requirements in Table 13-8 of the
Land Development Regulations.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. A bicycle rack is depicted on the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
All of the proposed parking is located either below the building or to the rear; therefore this
project is in compliance with this criterion.
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 adjoining
buildings.
The height of the building is proposed to be 43.3 feet above average pre -construction
grade which is 8.3 feet higher than permitted. The applicant is seeking a waiver and
provided a building elevation showing that from Hinesburg Road, the height of the building
will appear to be 29'8".
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
The applicant has submitted elevations of the proposed building.
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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 applicant has submitted elevations of the proposed building.
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:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
The importance of a shared curbcut for this property and the one to the south has already
been discussed.
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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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).
The plans depict one dumpster with a fenced enclosure.
Landscaping and Screening Requirements
Based on the submitted cost projections for this property of $3.2 million, the minimum
landscaping budget shall be $39,500. The applicant is proposing $42,096. The City
Arborist has reviewed the plans and provided comments in a memo dated December 20,
2006.
Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street
parking area with twenty-eight (28) or more parking spaces, at least ten percent (10%) of
the interior of the parking area shall be landscaped with trees, shrubs, and other plants.
All interior and perimeter planting shall be protected by curbing. Interior planted islands
shall have a minimum dimension of six (6) feet on any one side, and shall have a
minimum square footage of sixty (60) feet. Large islands are encouraged.
This parking lot contains more than 28 spaces. The site plan appears to show
significant islands. The applicant has specified the percentage of the parking area which
is included in these islands.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
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must be specified and located in an area that will minimize the potential for run-off.
The plans depict acceptable snow storage areas.
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any utility cabinets on the site shall be effectively screened to the approval of the
Development Review Board.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Preliminary Plat
Application #SD-06-105 and Final Plat Application #SD-06-106 of East Mountain View,
LLC, subject to the following conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording.
a) The plans shall be revised to comply with the requests of the South Burlington
Water Department.
b) The applicant shall comply with the requests of the South Burlington Fire
Department per the letter dated December 28, 2006.
c) The plans shall be revised to comply with the requests of the City Engineer as
outlined in his memorandum dated December 21, 2006.
d) The plans shall be revised to remove any reference or depiction of a project sign.
e) The landscaping plan shall be revised to include any utility cabinets on the site.
They shall be effectively screened to the approval of Staff.
4) The applicant shall adhere to the stipulations of the South Burlington Water
Superintendent per the letter dated December 14, 2006.
5) The applicant shall comply with the requests of the South Burlington Fire Department
per the letter dated December 28, 2006.
6) The plans shall be revised to comply with the requests of the City Engineer as outlined
in his memorandum dated December 21, 2006..
7) The Board grants a front setback waiver of 7'3" for the porte-cochere.
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8) The port-cochere shall not be converted into an enclosed space without additional
approval from the South Burlington Development Review Board.
9) The Board grants an 8.3' height waiver pursuant to Section 3.07(E)(2) of the Land
Development Regulations for a maximum height of 43.3' above pre -construction
grade.
10) The applicant shall obtain final wastewater capacity allocation from the Director of
Planning and Zoning, Juli Beth Hinds, prior to permit issuance.
11) 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.
12) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the office building will
generate 85 additional vehicle trip ends during the P.M. peak hour.
13) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
14) The Board grants the applicant a parking waiver of 16 spaces, or 13.1 % for a total of
106 spaces.
15) Prior to permit issuance, the applicant shall post a $39,500 landscape bond. This
bond shall remain in effect for three (3) years to assure that the landscaping has
taken root and has a good chance of survival.
16) Any new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation.
17) Prior to recording the final plat plan, the applicant shall record a Notice of Conditions
approved by the City Attorney which requires the applicant to provide an access
easement deed to the property owner(s) abutting property to the south and east for
ingress and egress over the access easement shown on the approved plat upon
approval of a development plan on the abutting property by the Development Review
Board.
18) The mylar shall be recorded prior to permit issuance.
19) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
20) The final plat plan (survey plat) shall be recorded in the land records within 180 days
or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording. Prior to recording the final plat, 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 and Zoning.
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Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — rhea/nay/abstain/not present
John Dinklage
— yea/nay/abstain/not present
Roger Farley —
yea/nay/abstain/not present
Eric Knudsen —
yea/nay/abstain/not present
Peter Plumeau
— yea/nay/abstain/not present
Gayle Quimby
— yea/nay/abstain/not present
Motion carried by a vote of 7-0-0.
Signed this L" day of 2007, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).