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HomeMy WebLinkAboutSP-92-0000 - Decision - 0155 Market StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN S _ ` Z v CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of South Burlington Realty for construction of a 49,000 square foot building for general office use (38,000 square feet), retail use (9,400 square feet) and mechanical space (1,600 square feet), 15 Corporate way. On the 3rd of March, 1992 the South Burlington Planning Commission approved the request of South Burlington Realty for site plan review under Section 19.10 of the South Burlington Zoning Regulations and Revised Final Plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. South Burlington Realty proposes to build a three (3) story 49,000 square foot mixed retail/office building on Corporate Way. A total of 38,000 square feet of gross floor area will be devoted to general business offices including all of the top two (2) floors and a portion of the first. The remaining 11,000 square feet of the first floor will be devoted to retail and non - leasable space (9,400 square feet retail and 1600 square feet non--leaseable). 3. Access/circulation: This building will have two (2) access points on the China Lite driveway. One access will be 30 feet wide and the other one will be 24 feet wide. Circulation of traffic through the site is adequate. 4. Setbacks/coverage: The proposed building will be on the corner of two (2) future public streets and will meet the 0-80 foot building envelope setback along both streets. Building coverage is 1.2% (maximum allowed is 40%). Overall coverage is 8% (maximum allowed is 90%). S. Parking: 202 parking spaces are required and the plans show a total of 196 on -site spaces and 15 on -street spaces for a total of 211 parking spaces being provided. Seven (7) of these are handicapped spaces. Note #7 on sheet 1 of 6 says that only four (4) handicapped spaces are being provided. It is the Commission's opinion that the on -street handicapped space within the future 60 foot r.o.w. is very close to the intersection and will not allow for proper sight distance at the intersection. 1 6. Proposed Cjty Street: The roadway within the proposed future city street along the northerly boundary is not centered within the r.o.w. Centering of the roadway would allow for a 13 foot sidewalk (10 feet to the r.o.w. line plus 3 feet to the building) on both sides of the street. Trees would then be setback three (3) feet from the curb face as recommenced by the Streetscape Committee. The parking area west of the end of the future city street would interfere with the continuation of this street sometime in the future. Approximately 15 parking spaces would be lost when this street is continued. Provisions to replace any lost parking spaces would have to be made at the time the street is continued. 7. Sewer: A sewer allocation of 1125 gpd is required assuming 75 employees. The applicant must pay the required per gallon sewer allocation fee prior to permit. 8. Lighting: The following exterior lighting is proposed: a. Nine (9) parking lot lights on 20 foot poles. Lights will be 250 watt high pressure sodium with luminaires. b. Two (2) walkway lights on 12 foot poles. Lights will be 100 watt high pressure sodium with cut off lumanaires. C. Nine (9) courtyard lights, bollard type with 50 watt high pressure sodium lamps. d. Three (3) street lights on 20 foot poles to be approved by the City. The Streetscape Committee has recommended that street lights be on 16 foot poles. 9. Building ligig_hts: Building elevations provided indicate that the building will exceed the height limitation by 1.5 feet and the tower will exceed the height limitation by 7.5 feet. The Planning Commission can allow the increased height as a bonus for the provision of additional public space (parks, courtyard, etc.) or amenities. The applicant is providing a courtyard and ameni- ties such as benches, planters and brick work which amounts to $19,200. 10. Landscaping: The landscaping requirement for this project is $36,500 and the value of the landscaping proposed is estimated to be $22,888, a shortfall of $13,612. The planting of 3" - 3 1/211 trees along the streets instead of the 2 1/2" - 3" trees proposed would reduce the landscaping shortfall to $12,300. 11. Traffic: The original approval for the Corporate Way subdi- vision (11/17/81) required that certain improvements be made relating to traffic if certain conditions are met. Condition #6 requires the complete construction or establishment of bonding K and a timetable for completion of Corporate Way if any on -site development will create or add to a LOS below C on any of four (4) intersections, including Williston Road/Dorset Street and Williston Road/Hinesburg Road. The applicant submitted a traffic study prepared by RSG dated October, 1990 which estimated LOS in the year 1995. The build scenario assumed 45,000 square feet of retail and 145,000 square feet of office space. This application is for only 38,000 square feet of office space and 9,400 square feet of retail space. The 1995 scenario also assumed that six (6) intersections would be improved in addition to the construction of Dorset Street, a traffic signal at the Corporate Way/Hinesburg Road intersection, and a north bound on -ramp added to Exit 13. The traffic study estimates that the Dorset/Williston Road inter- section will operate at LOS E in 1995. Therefore, condition #6 discussed above is triggered.. Additionally, the Williston Road/Hinesburg Road intersection is estimated to operate at LOS C, however, this assumes substantial improvements to the existing intersection. The applicant has stated in past meetings that he proposes to complete Corporate Way in connection with this project. A Williston Road Traffic Impact Policy was adopted in October, 1990. The purpose of this policy is to assess a monetary value to the traffic impact attributable to any given development proposal. This fund is then used to implement improvements which are needed to accommodate future growth and development. For the purposes of this policy, the Williston Road corridor is divided in to two (2) segments. The subject property is located in impact area 1. The contribution form -Lila for impact area I is based on the proposed number of peak hour trips divided by an estimate of the peak hour trip ends from the projected growth times the required traffic improvements cost. Based on 129 peak hour trip ends estimated to be generated by this project, the applicant would contribute $15,413 to the Williston Road Area 1 Improvement Fund. 12. Other: A loading/trash removal area is shown on the site. Trash storage will be within the building. DECISION & CONDITIONS Based on the Findings of Fact, the South Burlington Planning Commission approves the Revised Final Plat application of South Burlington Realty for construction of a 49,000 square foot build- ing for general office use (38,000 square feet), retail use (9,400 square feet) and mechanical space (1,600 square feet) as depicted on a seven (7) page set of plans, page one entitled "Corporate Circle, South Burlington, Vermont, South Burlington Realty Corporation, Property Plat" prepared by Webster -Martin, Inc., and dated September, 1981, last revised, 2/1/92, with the following stipulations: 3 1. The applicant shall post a $36,500 , 3-year landscaping bond prior to permit. The landscaping plan shall be revised prior to recording to show 3 - 3 1/2 inch caliper street trees. The Planning Commission grants a $12,300 waiver of required landscap- ing because of limited space on a public street. 2. A sewer allocation of 1,125 gpd is granted. The applicant shall pay the required sewer allocation fee prior to issuance of a zoning/building permit. 3. The Planning Commission approves 14 "on -street" parking spaces for the project. The plan shall be revised prior to recording to show the on street handicapped space within the future 60 foot r.o.w. shifted one space to the south. The area currently shown as a handicapped space shall not be striped for parking in order to maintain adequate site distance. 4. Note #7 on sheet 1 of 16 shall be corrected prior to record- ing to indicate seven (7) handicapped spaces to be provided. 5. The plan shall be revised prior to recording to show the new street centered within the 60 foot future street r-.o.w. The face of curb on the east side shall be located ten (10) feet from the r.o.w. line and proposed trees shall be planted three (3) feet off the curb face. 6. The lighting note on page 3 of 6 shall be revised prior to permit to indicate a 16 foot high street light to be approved by City Planner. 7. Prior to permit, the Planning Commission shall review and approve final streetscape plans based on input provided by the City Center Streetscape Design Committee. The plans shall ad- dress streetscape issues including roadway width; street tree species; location and size; sidewalk width; sidewalk material and design; and street lighting. 8. Prior to recording the property plat, the applicant shall submit a revised plat showing the 60 foot future street r.o.w. The plat shall be certified and signed by a licensed surveyor. 9. Prior to permit, the applicant shall submit an Offer of Irrevocable Dedication and Warranty Deed for the 60 foot future street r.o.w. These documents shall be approved by the City Attorney and recorded prior to permit. 10. In an effort to find that the proposed development will not adversely affect traffic flow and safety, the applicant shall be responsible for the following: a) As expressly represented by the applicant, prior to occu- pancy of the proposed building, the applicant shall complete Corporate Way including construction of the Corporate Way/Hines- burg Road intersection. Prior to issuance of a zoning permit for 4 the building, the applicant shall submit a plan of the proposed Corporate Way/Hinesburg Road intersection to the City for approv- al. The applicant shall also submit -to the City a letter from AOT approving construction and signalization of the intersection. (This condition does not negate any agreements between the City and applicant regarding this intersection). b) The applicant shall contribute a payment to the Williston Road Area 1 Improvement Fund, or other Traffic Improvement Fund in existence at time of permit application. The current fund would require a payment of $15,413 based on an estimated 129 peak hour trip ends to be generated by this project. In light of the substantial expenditure by the applicant in constructing the remainder of that roadway in connection with this application, the contribution shall be paid to the city at the time of appli- cation for a zoning/building permit for the next phase of devel- opment after the 49,000 square foot building. 11. Previous approvals and stipulations not superseded by this approval shall remain in effect. 12. As expressly represented by the applicant, the applicant shall maintain the new street/access drive until such time as the r.o.w. and street are accepted by the City. 13. The final plat plans shall be recorded in the South Burling- ton land records prior to issuance of a zoning permit, and within 90 days, whichever is sooner, or this approval is null and void. The plans shall be signed by the Planning Commission Chairman or Clerk prior to recording. Chairffian or Clerk South Burlington Planning Commission Date