HomeMy WebLinkAboutSD-01-13 - Decision - 0005 Bartlett Bay Road#SD-01-13
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-01-13 of Vermont Agency of Transportation to amend a
planned unit development consisting of three (3) commercial and industrial buildings on two (2) parcels
totaling 6.73 acres. The amendment consists of site modifications, including a new access drive, to
accommodate a 1200 square foot temporary transportation services building (train station) on the
adjacent State-owned railroad property to the west, 5 Bartlett Bay Road.
On the 3rd of April, 2001, the South Burlington Development Review Board approved the final plat
application of the Vermont Agency of Transportation under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of amending a planned unit development consisting of three (3) commercial
and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of site
modifications, including a new access drive, to accommodate a 1200 square foot temporary
transportation services building (train station) on the adjacent State-owned railroad property to the
west, 5 Bartlett Bay Road.
2. The owner of record is the Pomerleau Foundation.
3. Access/Circulation: Access is provided via a 30 foot curb cut on Bartlett Bay Road. Circulation
on the site is adequate.
4. Coverage/Setbacks: The building coverage will remain at 19% (30% max). Overall coverage will
increase to 60% (70% max). The existing front yard coverages will not be made worse by this
application. The front yard coverage on Bartlett Bay Road will remain 32% and the front yard
coverage along Shelburne Road will remain 52% (30% max). Setbacks are not being met for the
proposed wooden walkway. Section 12.406(b) allows the Board to modify the setback requirements
to allow this walkway.
5. Parking: A total of 41 parking spaces are required and 65 spaces are provided. Three
handicapped spaces are provided as required. A bike rack is also being provided.
6. Traffic: The applicant submitted a traffic study. The temporary use will increase the P.M.
peak vehicle trip ends (vtes) for the property from 102 to 124 vtes. The property is within Zone
Five (5) of the Traffic Overlay District. Staff recommended that the traffic impact fees be
waived as this is a temporary use.
7. Landscaping_ The plans should be revised to note any new proposed landscaping and provide a
landscaping schedule. Staff requested the applicant provide landscaping information but none
was provided.
8. Li tin : The applicant proposed a total of 29 exterior lights consisting of 100 watt metal
halide bollard sidewalk lights, 175 watt metal halide wall lights, and 400 watt metal halide pole
mounted lights mounted on poles 15 feet high. The applicant has also proposed Enclosed
Industrial lights with Fiberglass housing. The applicant was asked to clarify if these lights are
for internal use as these lights are neither downcasting or shielded.
9. Sewer: The applicant did not request an additional sewer allocation.
10. Bartlett Brook Watershed Protection Overlay District: The applicant indicated at the
meeting that 4,000 square feet of green area will be disturbed as part of the project. The amount
of disturbance does not require the applicant to provide a stormwater management design.
11. Dumpster: All dumpsters must be screened. No new dumpsters are illustrated on the plans.
12.Other: Staff recommended that the applicant finalize the Memorandum of Understanding with the
City prior to obtaining a permit. This MOU shall set the date by which the temporary train station use be
terminated.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves final
plat application #SD-01-13 of Vermont Agency of Transportation to amend a planned unit development
consisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The
amendment consists of site modifications, including a new access drive, to accommodate a 1200 square
foot temporary transportation services building (train station) on the adjacent State-owned railroad
property to the west, 5 Bartlett Bay Road, as depicted on a three (3) page set of plans, page one entitled
"South Burlington Temporary Station," prepared by Systra Consulting, dated 2/28/01, 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. The plat plans shall be revised to show the changes below and shall require approval of
the Director of Planning & Zoning. Four copies of the approved revised plans shall be
submitted to the Director of Planning & Zoning prior to recording:
a. The plat plans shall be revised to illustrate water and sewer services.
b. The plat plans shall be revised to move the proposed station off of the existing
drainage way so it is at least five (5) feet away from the edge of the metal pipe.
The plans shall be revised to note the correct width of the drainage pipe.
c. The plat plans shall be revised to illustrate any proposed landscaping and provide
a landscaping schedule.
d. The plat plans shall be revised to note the location of the proposed Enclosed
Industrial lights with fiberglass housing. These fixtures are neither downcasting
or shielded. All exterior lighting must be downcasting and shielded.
e. The plat plans shall be revised to note how many square feet of green area will be
disturbed as a result of the proposed project.
3. Pursuant to Section 12.406(b) of the Zoning Regulations, the South Burlington Development
Review Board modifies the setback requirements as shown on the approved plans.
4. All exterior lighting shall consist of downcasting shielded fixtures. Any change to
approved lights shall require approval of the Director of Planning & Zoning prior to
installation.
5. If 15,000 square feet or more of green area is disturbed, the applicant will be required to
provide a stormwater management design prior to permit issuance in accordance with
Section 23.20 of the Zoning Regulations.
6. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the train station will generate zero
(0) additional vehicle trip ends during the P.M. peak hour as this will be a temporary use.
7. The applicant shall finalize the Memorandum of Understanding with the City prior to
obtaining a zoning permit. This MOU shall set a date by which the temporary train
station use be terminated.
8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to occupancy of the building.
9. The final plat plan (sheet one) shall be recorded in the South Burlington land records within
90 days or this approval is null and void. The plan shall be signed by the Development
Review Board Chair or Clerk prior to recording.
10. Revised site plan shall receive approval by the City Engineer and shall incorporate the City
Engineer's recommendations prior to recording.
Chair 61 Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VS. A.
§ 4471 and V.R. C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.SA. § 4472(d) (exclusivity of remedy; finality).
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