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HomeMy WebLinkAboutSD-15-33 - Decision - 0228 Aviation Avenue#SD-15-33 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF BURLINGTON / BURLINGTON INTERNATIONAL AIRPORT— 228 AVIATION AVENUE PRELIIMINARY & FINAL PLAT APPLICATION #SD-15-33 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-15-33 of City of Burlington/Burlington International Airport for a planned unit development to amend a previously approved plan for a 65,150 sq. ft. aircraft maintenance hangar. The amendment consists of: 1) expanding the parking area to add 14 spaces, and 2) adding two (2) infiltration basins for stormwater treatment, 228 Aviation Avenue. The Development Review Board held a public hearing on Tuesday, October 20, 2015. Jon Leinwohl 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. City of Burlington/Burlington International Airport, hereafter referred to as the applicant, is requesting Preliminary & Final Plat approval to amend a previously approved plan for a 65,150 sq. ft. aircraft maintenance hangar. The amendment consists of: 1) expanding the parking area to add 14 spaces, and 2) adding two (2) infiltration basins for stormwater treatment, 228 Aviation Avenue. 2. The owner of record of the subject property is City of Burlington/Burlington International Airport. 3. The subject property is located in the Airport Industrial Zoning District. 4. The plan submitted consists of an (8) page set of plans, page one entitled "Heritage Aviation Heritage Aviation Parking Lot Preliminary/Final Plat Location Map" prepared by Stantec Consulting Services and dated October 17, 2011. Zoning District & Dimensional Requirements: The project is located in the Airport Industrial Zoning District. No changes to structures are proposed. The Board finds that the plan as presented is compliant with respects to zoning district and dimensional requirements. - 1 — ( #SD-15-33 PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. No changes are proposed to the buildings or the property owner's operations which might affect water and wastewater use. The Board finds that the property continues to be in compliance with this standard. (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 applicant's submission includes an Erosion Prevision and Sediment Control plan. The Board finds that this standard is met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Parking: The project will expand the parking lot from 85 to 99 spaces. The Board finds that that the project will not cause unreasonable congestion of adjacent roads. The Board finds that this standard is met. (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 on the site. (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 City's Land Development regulations note the purpose of the subject zoning district as follows: 6.03 AIRPORT INDUSTRIAL DISTRICT AIR -I A. Purpose. In areas proximate to the Airport, an Airport Industrial AIR -I District is established to provide sufficient land area for the Vermont Air National Guard and Airport -related uses, support facilities, and commercial activities that may be incompatible with general residential or commercial uses. The standards and regulations for the Airport Industrial District recognize the importance of these facilities and uses to the operation of the City and regional economies while providing appropriate setbacks and buffering to offset their impacts on adjacent land uses. No changes are proposed to the buildings on the property nor to the operations on the property. The Board finds the project to be consistent with this standard. -2— #SD-15-33 (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 that this criterion is not applicable. (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. In an email to staff dated October 8, 2015, the Fire Department commented as follows: 227 Aviation parking lot- Ensure that the WB-40 turning radius will work throughout the lot DC Terence Francis, CFI Fire Marshal South Burlington Fire Department The applicant responded in an email on 10/16/15 which included an illustration confirming that a WB-40 emergency vehicle can access the heritage site. The Board finds that this requirement has been met. (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 finds that that this project will have no impact on the extension of such services and infrastructure to adjacent landowners. See below for discussion regarding stormwater facilities. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). According to the Comprehensive Plan, the goals and objectives for this area of the City are as follows: 4. Industrial Center This area is located in the northern and eastern portions of the City surrounding the Burlington International Airport and extending southward to immediately south of 1-89 along Route 116. This area is intended to consist predominantly of industrial and office uses, however, it may include a mix of commercial and limited residential use. This area will serve as both a local and regional employment center. This area of the City is most appropriate for industrial and office uses as it provides direct, easy access to the airport and is compatible with airport activities such as airplane noise and approach cones. The Board finds that this project represents a minor change to parking and stormwater management at the Airport and will not affect its operations nor employment and is therefore consistent with the Plan. SITE PLAN REVIEW STANDARDS -3— l #SD-15-33 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. 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. Additional parking will be added via this proposal. The Board finds that this criterion to be 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. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. The parking lot was constructed prior to adoption of this standard. (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. No changes to the building are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The plans indicate that new light poles shall be installed on the eastern portion of the parking lot and shall be serviced via buried electrical lines. The Board finds that this criterion to be 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. No changes to the building are proposed. (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. No changes to the building are proposed. -4— #SD-15-33 Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No reservation of land is required. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The plans indicate that utility lines are placed underground. The Board finds that this standard is 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. No dumpster area is identified on the plan as the plan only shows a portion of the site. The applicant has indicated that a dumpster enclosure exists on the site. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. No new building construction or building addition is proposed and therefore no new landscaping is required. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. No snow storage areas are shown on the plan. The Board directs the applicant to revise its plans to indicate the location of snow storage areas. Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. -5— #SD-15-33 No waivers are required. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant has submitted the spec sheet for the proposed new lights. The Board finds this criterion to be met. STORMWATER In an email to staff dated September 29, 2015, the Department of Public Works commented as follows: The City Stormwater Section has reviewed the "Heritage Aviation Parking Lot" site plan prepared by Stantec Consulting Services, dated 518115 and most recently revised on 7130115. We would like to offer the following comments: The proposed project discharges to a class 2 wetland contiguous with Muddy Brook. 2. The application should indicate the % Impervious cover for the entire lot area. 1. It appears this property is covered under an existing State stormwater permit (3845- INDS.A). The applicant should confirm that changes on this site are allowed under the terms and conditions of the existing permit, or submit an updated permit. 3. The applicant should provide a drainage area map for the proposed stormwoter treatment practices. 4. In order to confirm compliance with section 15.13,F(3) the applicant must submit modeling for the 25 year storm event. 5. The applicant should show snow storage locations on the site plan. 6. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. 7. Due to the vicinity of the adjacent to four (4) 25,000 gallon jet fuel tanks and three (3) 4,500 gallon glycol tanks, the applicant should confirm that soils are not contaminated in the areas where infiltration is proposed. Thank you for the opportunity to comment. Regards, David P. Wheeler #SD-15-33 Assistant Stormwater Superintendent The applicant communicated with Assistant Stormwater Superintendent and provided him with the additional information he requested. In an email dated 10/2/15 to the applicant, the Assistant Stormwater Superintendent stated that "you have indeed addressed all my comments to my satisfaction". DECISION Motion by , seconded by , to approve preliminary & final plat application #SD-15-33 of the City of Burlington / Burlington International Airport, subject to the following conditions: All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall 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 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 the final plat plans. The plans shall be revised to show the location of snow storage areas and any dumpster enclosures. 4. The applicant shall provide the Administrative Officer record drawings, per the requirements of Section 12.03F of the Land Development Regulations prior to the issuance of a Certificate of Occupancy. 5. The applicant shall maintain all stormwater treatment and conveyance infrastructure. 6. 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 should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent may visit the site as construction progresses to ensure compliance with this criterion. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. 8. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 9. Prior to issuance of a zoning permit, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. -7— 1 #SD-15-33 10. The mylar shall be recorded prior to any zoning permit issuance. 11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the new parking spaces. 12. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 13. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 14. The final plat plan (preliminary/final plat) shall be recorded in the land records within 180 days or this approval is null and void. The plat shall be signed by the Board Chair or Clerk prior to recording. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Matt Cota 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 6— 0 — 0. J l� Signed this day of C r Tim Barritt, Chair 2015, by 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://vermontiudiciary.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 802.879.5676 to speak with the regional Permit Specialist.