HomeMy WebLinkAboutSP-99-0000 - Decision - 0040 IDX DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of BDP Realty Associates for a planned unit development consisting
of a 384,400 square foot general office use facility and a 679 space parking structure, 1400 Shelburne
Road.
On the 26' day of January, 1999, the South Burlington Planning Commission approved the request of BDP
Realty Associates for final plat approval under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of : l) razing a 21,200 square foot general office building, 2) constructing
a 239,708 square foot addition and a 20,476 square foot connector to an existing 124,208 square foot
general office building, 3) constructing a 679 space 3-level parking structure, and 4) merging three
(3) lots into one (1) lot. The 124,208 square feet building was approved on 12/15/87. Several minor
site modifications have been made since 1987. This application will be treated as a planned unit
development. The preliminary plat was approved on 12/8/98.
2. This property located at 1400 Shelburne Road lies within the C2 District, and the Bartlett Brook
Watershed Protection Overlay District. It is bounded on the north by IDX Drive, on the west by
Shelburne Road, on the east by Green Mountain Drive, and on the south by an auto dealership.
3. Access/circulation: Access is currently provided by a 32 foot and 45 foot curb cut on IDX Drive
and a 24 foot curb cut on Shelburne Road. The applicant proposes to: 1) eliminate the Shelburne
Road curb cut, 2) extend IDX Drive to connect with Green Mountain Drive, and 3) construct two
(2) new 24 foot curb cuts on Green Mountain Drive.
Circulation on the site is adequate.
4. Coverage/setbacks: Building coverage is 23.9% (maximum allowed is 30% and includes parking
garage). Overall coverage is 66.2% (maximum allowed is 70%). Front yard coverage along
Shelburne Road is 0%, along IDX Drive is 31.8%, and along Green Mountain Drive is 21.5%
(maximum allowed is 30%). Front yard coverage along IDX Drive is proposed to be exceeded.
The Planning Commission allowed this coverage to be exceeded under Section 12.406(b) of the
zoning regulations as part of the preliminary plat approval.
5. The existing building and proposed addition will meet the setback requirements. The proposed
parking structure does not meet the 40 foot front yard setback requirement from Green Mountain
Drive. The proposed setback is 32 feet. The applicant sought a waiver from the front setback
requirement as provided under Section l 2.406(b) of the zoning regulations. A 12 foot setback was
approved as part of the preliminary plat approval.
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6. Parkinla: A total of 1538 spaces are required and 1425 spaces are provided including 26
handicapped spaces. This represents a 113 space or 7.3% shortfall. The Commission, as part of
preliminary plat approval, agreed to base parking calculation on a total floor area of 363,916 square
feet and exclude the 20,476 square foot building connector/cafeteria space. The total parking
required would be 1456 spaces which would result in a 31 space or 2.1% space shortfall.
7. Parking structure: The proposed parking structure is in substantial compliance with the "Design
Guidelines for Parking Structures." The parking layout within the structure has been revised since
preliminary plat approval such that the maximum distance between parking spaces and nearest exit
stairwell is less than 200 feet. The applicant has not provided sufficient lighting information within
the parking structure to determine compliance with the guidelines in the "Design Guidelines for
Parking Structures" booklet. The guidelines require that two (2) elevators be provided. The
applicant indicated that the State will not require elevators because this is a private parking structure.
The Planning Commission agreed to not require elevators.
8. Landscaping: The minimum landscaping requirement, based on building costs, is $257,950 which
is being met. Proposed plantings include: Red Maple, Green Ash, Crabapple, Honeylocust, Sugar
Maple, Birch, Pin Oak, Shadblow, Spruce, Pine, Viburnum, Juniper, and Wintercreeper.
Landscaping plan should be revised to provide street trees on the east side of the extended portion
of Green Mountain Drive. Additional evergreen landscaping should be provided around the existing
cooling tower adjacent to IDX Drive.
9. Preliminary plat condition #13b required that parking be shifted back to create a green strip
between the circulation aisle and parking and the proposed r.o.w. (at the northwest corner ofthe site)
and that this green strip be adequately landscaped. This condition has been met.
10. Building✓ height: Section 25.1 l3(a) of the zoning regulations limits the height of a flat roof
structure to 35 feet. The proposed addition will have a height of 68 feet from the average pre -
construction grade. This is 33 feet greater than permitted. Section 25.113(c) of the zoning
regulations allows the Planning Commission to approve a non-residential structure with a height in
excess of the limitations provided the Commission determines that a taller structure:
(i)) will not affect adversely the essential character of the neighborhood or district in
which the property is located.
(ii) will not detract from important scenic views from adjacent public roadways and other
public rights -of -way.
Preliminary plat stipulation #9 granted the height waiver.
11. Section 25.113(d) of the zoning regulations requires additional front, side and rear setbacks for
taller structures. The proposed addition will meet the additional setback requirements.
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12. Height of the parking structure measured to top of the light fixtures on the upper level is 32 feet.
13. Bartlett Brook Watershed Protection Overlay District BBW): This property is located in the
BBW District. Under Section 23.20 of the zoning regulations, the applicant shall submit applicable
information regarding the development and storm water management design to Heindel and Noyes
for inclusion into the City's stormwater hydrology computer model. The final plat plans incorporate
the recommendations from Heindel and Noyes.
14. Sewer: The additional sewer allocation requested is 25,800 gpd (this includes 20% reduction
allowed by State). The applicant will be required to pay the per gallon fee prior to permit issuance.
There is currently no reserve capacity currently available at the Bartlett Bay Wastewater Treatment
Facility. Approved allocation will be placed on a waiting list until such time as allocation is available.
Preliminary plat stipulation # 10 requires that no Certificate of Occupancy/Compliance be issued until
such time as sewer capacity is available.
15. Traffic: Two (2) traffic impact studies were submitted dated November 19, 1998 and January
21, 1999. The studies indicate the following:
1) Overall levels of service during the A.M. and P.M. peak hour north of IDX are acceptable
with the IDX expansion in year 2005.
2) IDX Drive/US 7 operates poorly during the 2005 A.M. build scenario.
3) South of IDX Drive, certain intersections operate at poor levels of service by year 2005.
The study further concludes that all intersections will operate at acceptable levels of service
after the Route 7 widening project.
In a letter dated January 26, 1999, the VAOT indicates that the widening of Route 7 will correct any
problems associated with the IDX expansion, including the coordination of traffic signals in the
corridor.
The applicant should be aware that the road impact fee is approximately $110,000.
16. Dumpsters: The dumpsters will be located inside the building.
17. Lighting: Proposed exterior lighting consists of the following:
— twelve (12) 100 watt metal halide lamps mounted on 43" bollards.
— nine (9) 27 watt flourescent lamps mounted on the building with downcasting shielded
fixtures.
— thirteen (13) 100 watt halogen stake -mounted uplights.
— three (3) 100 watt halogen surface -mounted uplights.
— forty-four (44) 175 watt metal halide lamps mounted on 20 foot poles with downcasting
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shielded fixtures.
eleven (I 1) fountain lights.
18. Existing exterior lights consist of the following:
nine (9) 250 - 400 watt metal halide lamps with downcasting shielded fixtures.
A point by point lighting plan was submitted which indicates that the average illumination on the site
is 1.4 to 1.6 foot candles. This meets the City's lighting standards.
19. Sidewalk: The applicant should construct a sidewalk along their frontage on Green Mountain
Drive. The sidewalk should be constructed as part of the street construction.
20. Phasing: This project will be constructed in three (3) main phases. Phase I would begin in the
summer of 1999 and consist of constructing the east wing of the main building including the
connecting link and the extension of both IDX Drive and Green Mountain Drive. Phase II would
begin in 2000 and involve constructing the parking structure. Phase III would begin in 2002 and
would involve constructing the west wing of the main building. Staff recommended that this approval
be conditioned on obtaining the zoning permits for all phases by December 31, 2002.
21. Other:
the "residential zone" on sheet SPI should be noted as "R4 District."
plans do not comply with preliminary plat condition #13 that requires the plan to include
street lights along IDX Drive and the extended portion of Green Mountain Drive.
— applicant has submitted evidence that these plans have been submitted to the City Water
Department.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the final
plat application of BDP Realty Associates for a planned unit development consisting of: 1) razing
a 21,200 square foot general office building, 2) constructing a 239,708 square foot addition and a
20,476 square foot connector to an existing 124,208 square foot general office building, 3)
constructing a 679 space 3-level parking structure, and 4) merging three (3) lots into one (1) lot, as
depicted on a 19 page set of plans, page three (3) entitled, "IDX South Burlington Vermont Master
Site Plan," prepared by Trudell Consulting Engineers, Inc, et al, dated 11 /12/98, last revised 1/18/99,
with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
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2) Prior to issuance of zoning permit for the first phase 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 extension and utility, sewer, drainage and water, 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 which 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., roads, water mains, sanitary sewers, storm drains, etc.) the developer
shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer.
5) Pursuant to Section 12.406(b) of the zoning regulations, the Planning Commission modifies the
front yard coverage limitation to be exceeded along IDX Drive.
6) Pursuant to Section 26.406(b) of the zoning regulations, the Planning Commission modifies the
front yard setback requirement along Green Mountain Drive to allow the proposed parking structure
to be within 32 feet of the front property line.
7) Pursuant to Section 26.256(b) ofthe zoning regulations, the Planning Commission approves a total
of 1425 spaces which represents a 31 space or 2.1 % waiver. This waiver is based on a total floor
area of 363,916 square feet and excludes the 20,476 square foot building connector/cafeteria space.
8) Prior to issuance of a zoning permit, the applicant shall post a $257,950 landscape bond The bond
shall remain in effect for three (3) years to assure that the landscaping takes root and has a good
chance of surviving.
9) Pursuant to Section 25.113(c) of the zoning regulations, the Planning Commission approves a
building height of 68 feet above the average pre -construction grade.
10) The Planning Commission approves an additional sewer allocation of25,800 gpd (includes 20%
reduction allowed by State). The applicant shall be required to pay the per gallon fee prior to permit
issuance. There is currently no sewer allocation available at the Bartlett Bay Wastewater Treatment
Facility. The allocation granted shall be placed on a waiting list until such time as the allocation is
available. No Certificate of Occupancy/Compliance will be issued until such time as sewer capacity
is available.
11) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Planning Commission estimates that the expansion will generate 565 additonal vehicle
trip ends during the P.M. peak hour.
12. The plat plans shall be revised to show the changes listed below and shall require approval of the
Director of Planning & Zoning. Four (4) copies of the approved revised plat plans shall be submitted
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to the Director of Planning & Zoning prior to recording
a) The landscape plan shall be revised to provide street trees along the east side of the
extended portion of Green Mountain Drive.
b) The landscape plan shall be revised to add evergreen landscaping around the existing
cooling tower adjacent to IDX Drive.
c) The site plan (sheet SP1) shall be revised to change the note reading "residential zone" to
read "R4 District."
d) The plans shall be revised to show a sidewalk along the applicant's frontage on Green
Mountain Drive.
e) The plans shall be revised to show all ground mounted generators/cooling
equipment/HVAC equipment.
13. Prior to permit issuance, the applicant shall provide lighting information within the parking
structure. Proposed lighting shall meet the guidelines in the "Design Guidelines for Parking
Structures" booklet.
14. All exterior lighting shall consists of downcasting shielded fixtures. Any change to approved
lights shall require approval of the Director of Planning & Zoning prior to installation.
15. The applicant shall be responsible for installing street lights along IDX Drive and the extended
portion of Green Mountain Drive. Prior to the start of construction of the streets, the applicant shall
submit a plan showing the locations of proposed street lights. This plan shall require approval of the
City Engineer.
16. In order to make a determination that the project will not cause an adverse traffic impact, the
applicant shall be responsible for the following:
a) At the Route 7/IDX Drive intersection, a southbound left -turn lane shall be constructed and
appropriate signal phasing shall be installed and implemented, prior to the occupancy of more
than 300 additional employees (approximately 78,000 square feet of office space). Said
improvements shall be constructed in accordance with the Shelburne Road widening plans
developed by the VAOT.
b) The applicant shall be responsible for developing and implementing a transportation
demand management (TDM) plan as discussed in the traffic impact study entitled, "IDX
Expansion," prepared by Resource Systems Group and dated 1/21/99. For a period of five
(5) years starting 10/1/99, the applicant shall submit to the City, biannual (i.e., twice a year)
progress reports explaining the status and results of said TDM plan.
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17. The applicant shall obtain zoning permits for all phases by December 31, 2002. Any phase which
has not received a zoning permit by this date shall require re -approval by the Planning Commission.
18. Any change to the final plat plans shall require approval by the South Burlington Planning
Commission.
19. The final plat plans (boundary plat, and sheets SP 1, SP2, SP3 and W) shall be recorded in the
land records within 90 days or this approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the boundary plat in digital format. The format of the digital
information shall require approval of the Director of Planning & Zoning.
Chairman or Clerk
South Burlington Planning Commission
ZnI F
Date
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