HomeMy WebLinkAboutSP-00-53 - Decision - 0110 Kimball Avenue#SP-00-53
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application of Jim Foster to construct a new 41,289 square
foot, two phase, general office building on a previously undeveloped lot where phase one
is a two story 27,616 square foot general office building and phase two is a third story
13,673 square foot addition, 110 Kimball Avenue.
On the 17th of October, 2000, the South Burlington Development Review Board
approved the site plan application of Jim Foster under Section 26.10 of the South
Burlington Zoning Regulations based on the following findings:
1. This project consists of constructing a new 41,289 square foot, two phase, general
office building on a previously undeveloped lot where phase one is a two story
27,616 square foot general office building and phase two is a third story 13,673
square foot addition.
2. The owner of record is the Richard T. Willis Family Trust.
3. This property is located within the Mixed Commercial and Industrial District. It is
bounded on the south by Kimball Avenue, on the west by a commercial building, on
the north by an undeveloped lot, and on the east by two residences and a commercial
building.
4. Access/Circulation: Access was proposed via an existing 22 foot wide access drive
off from a proposed City street known as Adelphia Drive. The applicant proposed
sharing an existing point of access with 120 Kimball Avenue including two (2) access
drives to their parking lot. The applicant should obtain approval to amend the site
plan for 120 Kimball Avenue to include a shared curb cut and change in parking
layout prior to issuance of a Certificate of Occupancy. Circulation on the site is
adequate.
5. Coverage/Setbacks: The proposed building coverage is 7.3% (30% max). The total
coverage for phase one is 33% and for phase two it is 45% (70% max). The proposed
front yard coverage is 16% (30% max). The applicant should revise the plans to
include front yard coverage along Adelphia Drive. All setbacks are met.
6. Parking: Phase on requires 110 parking spaces including five handicapped spaces
and 118 are proposed including six handicapped spaces. Phase two requires a total of
165 parking spaces including six handicapped parking spaces and 173 spaces are
proposed including eight handicapped spaces. A bike rack is also provided for each
phase.
7. Traffic: ITE estimates that phase one will generate 41.15 P.M. peak vehicle trip ends
(vtes). ITE estimates that phase two will generate an additional 20.37 P.M. peak vte's
for a total of 61.52 P.M. peak vtes. The applicant should expect to pay the applicable
impact fee.
8. Lighting: All lights must be downcasting and shielded. The Director of Planning and
Zoning reviewed the proposed lights and recommends that the pole mounted lights
along the area bordering the residential area not exceed 150 watts a piece. The
wattage for all of the lights should be specified. The proposed lights include twelve
metal halide pole mounted lights and four metal halide building mounted lights.
9. Landscaping: The minimum landscaping requirement, based on building cost, of
$29,500, is being met. The proposed landscaping includes Sugar Maples, Siberian
dogwoods, Austrian pine, and Seagreen junipers. The plans include a continuous
evergreen visual barrier between the project site and the adjacent residential
properties.
10. Building Height: The applicant is requesting a six foot height waiver for the proposed
building which is proposed to rise to an overall height of 41 feet. This is a flat roof
structure which, under Section 25.113 (a) of the zoning regulations, has a maximum
height limit of 35 ft. Under Section 25.113 (c) of the Zoning regulations, the DRB
may approve an increase in height for a structure if the Board determines that a taller
structure:
(i) will not detract from scenic views of adjacent properties or public streets
and walkways; and
(ii) will not detract from important scenic views from adjacent public
roadways and other public rights -of -way.
The applicant submitted a report addressing the above criteria. Section 25.113 (d) of the
zoning regulations requires additional setbacks for taller structures. The building must
have a side yard setback no less than 18 feet, a front yard setback no less than 46 feet,
and a rear yard setback no less than 36 feet. These setbacks are being met.
The proposed building will be constructed of brick with a rusticated cement split faced
block base. These blocks will be utilized in horizontal bands through the brick fagade.
Windows will be metal and sliding.
11. Sewer: The applicant requested a sewer allocation of 2,475 gpd for the proposed
general office building. The applicant should expect to pay the per gallon fee prior to
permit issuance.
12. Dumpster: A screened dumpster is proposed. The trash should not be picked -up
between the hours of 7:00 P.M. and 7:00 A.M.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan application #SP-00-53 of Jim Foster to construct a new 41,289 square
foot two phase, general office building on a previously undeveloped lot where phase one is a
two story 27,616 square foot general office building and phase two is a third story 13,673
square foot addition, 110 Kimball Avenue, as depicted on a four (4) page set of plans, page
one (1) entitled "110-120 Kimball, LLC. Kimball Avenue So. Burlington, Vt. Phase I Site
Plan," prepared by Trudell Consulting Engineers, dated 9/12/00, last revised 10/10/00, with
the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. The plans shall be revised to show the changes below and shall require approval of the
Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved
revised plans shall be submitted to the Director prior to permit issuance.
a) The landscaping plan shall be revised to move the Bur Oak away from the
proposed building.
b) The landscaping plan shall be revised to intersperse another species of
evergreen among the Austrian Pine trees bordering the residential area or
other changes approved by staff.
c) The plans shall be revised to show hydrant locations as approved by the Fire
Chief.
3. All exterior lighting shall consists of downcasting shielded fixtures. Any change to
approved lights shall require approval of the Director prior to installation. Prior to permit
issuance, the applicant shall submit the wattage for all the proposed lights. The pole
mounted lights along the residential area shall not exceed 150 watts apiece.
4. Prior to issuance of a zoning permit, the applicant shall post a $29,500 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.
5. The building shall be sprinklered and have a fire alarm. The applicant shall work with
the Fire Department to locate fire hydrants.
6. The applicant shall obtain approval to amend the site plan for 120 Kimball Avenue to
include a shared curb cut with 110 Kimball Avenue and change the parking layout for 120
Kimball Avenue prior to issuance of a Certificate of Occupancy.
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7. Pursuant to Section 25.113(c) of the zoning regulations, the South. Burlington
Development Review Board approves the taller structure within the development as follows:
maximum height of 41 feet. It is the Board's opinion that the criteria under Section
25.113(c) are being met for the taller structure.
8. The Development Review Board approves a sewer allocation of 2,228 gpd. The
applicant shall be required to pay the per gallon fee prior to permit issuance.
9. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the first phase of the proposed
general office building will generate 41.15 vehicle trip ends during the P.M. peak hour. The
second phase of the general office building will generate 20.37 P.M. peak vte's for a total of
61.52 P.M. peak vte's.
10. There shall be no trash pick-up between the hours of 7:00 P.M. and 7:00 A.M.
11. 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.
12. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to use of the building.
13. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chair or Clerk
South Burlington Development Review Board
Date
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