HomeMy WebLinkAboutSD-14-41 - Decision - 0284 Meadowland Drive#SD-14-41
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SBRC PROPERTIES-284 MEADOWLAND DRIVE
PRELIMINARY & FINAL PLAT APPLICATION #SD-14-41
FINDINGS OF FACT AND DECISION
SBRC Properties, LLC hereafter referred to as the applicant, is requesting Preliminary & Final Plat Review
to subdivide an undeveloped lot of 39.5 acres into four (4) lots ranging in size from 3.0 acres to 29.1
acres, 284 Meadowland Drive.
The Development Review Board held a public hearing on Tuesday, February 3, and February 17, 2015.
David Marshall 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. SBRC Properties, LLC hereafter referred to as the applicant, is requesting Preliminary & Final
Plat Review to subdivide an undeveloped lot of 39.5 acres into four (4) lots ranging in size from
3.0 acres to 291.1 acres, 284 Meadowland Drive.
2. The owner of record of the subject property is SBRC Properties, LLC.
3. The subject property is located in the Industrial — Open Space Zoning District
4. The plans submitted consist of a 20 page set of plans, page one (1) entitled "4 Lot Subdivision
of Lot 1 Meadowland Business Park VT. Rte. 116 Meadowland Drive South Burlington, Vermont
Overall Site Plan", prepared by Civil Engineering Associates, Inc., dated November 2014, and
last revised on 12/12/14.
Zoning District & Dimensional Requirements:
10 Zoning District
Required
Existing
Proposed
Proposed
Proposed
Proposed
Lot 1
Lot 1
Lot 1-C
Lot 1-D
Lott-E
Min. Lot Size
3 acres
39.7
29.1 acres
3.4 acres
3.0 acres
3.1 acres
acres
Max. Building
o
30%
0
0%
N/A
N/A
N/A
N/A
Coverage
Max. Overall
50%
0%
N/A
N/A
N/A
N/A
Coverage
Min. Front
50 ft.
N/A
N/A
N/A
N/A
N/A
Setback
Min. Side Setback
35 ft.
N/A
N/A
N/A
N/A
N/A
Min. Rear Setback
50 ft.
N/A
N/A
N/A
N/A
N/A
Max. Building
35ft. (flat
N/A
N/A
N/A
N/A
N/A
Height
roof)
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Zoning compliance No waivers are requested to these requirements.
The applicant is seeking permission to access Meadowland Drive and create a new 0.9 acre public right
of way to accommodate a new public road, Randall Street, to serve the lots.
The Board finds that the Zoning District & Dimensional Requirements to be met for the purposes of this
simple subdivision of one lot into four lots.
SUBDIVISION STANDARDS
15.18 Criteria for Review of PLID's, Subdivisions and Master Plans
(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the
proposed dwelling units.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved by
the City and the State in any subdivision where off -lot wastewater is proposed.
Water/ wastewater allocation approvals are not necessary for this simple subdivision and therefore staff
considers this criterion to be not applicable to this application.
(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 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 shall meet the standards set forth
in Section 16.04 of the South Burlington Land Development Regulations.
Erosion control specifications and grading plans have been submitted with the application. The Board finds
this criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The Board finds this criterion to be met. See comments under (A)(8) below.
(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.
Most of the project area is already cleared. The applicant proposes several areas to be protected from
development via an Open Space Agreement easement including a riparian corridor. The Board finds this
criterion to be met.
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(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.
Pursuant to Section 6.04 INDUSTRIAL -OPEN SPACE DISTRICT 10
A. Purpose. The Industrial -Open Space 10 District is established to provide suitable locations
for high -quality, large -lot office, light industrial and research uses in areas of the City with
access to major arterial routes and Burlington International Airport. The 10 District regulations
and standards are intended to allow high -quality planned developments that preserve the
generally open character of the district, minimize impacts on natural resources and water
quality, and enhance the visual quality of approaches to the City while providing suitable
locations for employment and business growth. The location and architectural design of
buildings in a manner that preserves these qualities is strongly encouraged. Any uses not
expressly permitted are prohibited, except those which are allowed as conditional uses.
The Board finds that the design of the subdivision satisfies the purpose and standards of the District
within the overall context of the subdivision.
(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 project proposes a large Open Space Agreement easement on various areas of the different lots being
created to maintain open space along a riparian corridor, along lot boundaries and along the areas of
proposed pedestrian paths. The Board finds this criterion to be met.
(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.
The Fire Department had no comments on this application. For the purposes of the simple lot creation and
roadway construction proposed in this application, the Board finds this criterion to be met.
(A)(8)Roods, 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 subdivision includes the construction of a public road terminating at this time in three hammerheads to
serve the various lots.
In an email to staff dated February 4, 2015 the Department of Public Works provided the following
comments concerning the proposed road:
From: Justin Rabidoux
Sent: Wednesday, February 04, 2015 7:46 AM
To: ray
Subject: RE: Staff Comments - BlackRock Project
Ray,
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A couple of quick comments below. I have a call into Dave Marshall to talk about a few other
issues that I may chime in on later in the day.
1. All pavement markings along Randall Street are to be Permanent Marking Tape, Type I,,
VTrans spec 708.12(a).
2. The pavement thickness shall be changed to have 2 %" of type II base course.
3. The City will not accept ownership of Randall Street until such time as it is filly developed
and loops back into Meadowland Drive. As designed now it is merely an extended driveway to
the buildings.
Justin
In an email to staff dated February 4, 2015 the Department of Public Works provided the following
comments regarding stormwater facilities:
From: Justin Rabidoux
Sent: Wednesday, February 04, 2015 3: 48 PM
To: ray
Subject: FW.• Comments on 4 Lot subdivision of Lot 1 Meadowland Business Park
Ray — Tom 's comments below. Also, I have not heard back yet form Dave Marshall from my call to him
this AM with some questions about this overall area and the Blackrock project.
Justin
From: Toni Dipietro
Sent: Wednesday, February 04, 2015 3: 47 PM
To: Justin Rabidoux
Subject: Comments on 4 Lot subdivision of Lot 1 Meadowland Business Park
Justin.
I reviewed plans for the South Burlington Realty Corporation project titled "4 Lot subdivision of Lot I
Meadowland Business Park" that were prepared by Civil Engineering Associates, dated November 2014
and last revised on 12112114. I would like to offer the following comments:
1. This project is located in the Potash Brook watershed This watershed is listed as stormwater
impaired by the State of Vermont Department of Environmental Conservation (DEC).
a. The project area appears to be covered under an existing State oj'Verrnont
stormwater permit (1-1269). The applicant should confirm that the project complies with
the requirements of this existing permit.
b. The project will likely disturb greater than 1 acre of land and will therefore require
a stormwater construction permit from the Vermont DEC Stormwater Division. The
applicant should acquire this permit before starting construction.
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2. Conveyance of runoff adjacent to the proposed Randal Street is via drainage swales. Portions of
this roadwgv have an 8% grade. Please provide information to show that this drainage swale can
accommodate the runoffflowing to it under fill build out conditions; will water velocities in the swale be
such that it will be difficult/impossible to maintain a vegetated swale without experiencing regular
erosion issues.
a. The State of Vermont promulgated 2013 Road and Bridge Standards and these have
adopted by the City. These standards indicate that ditches greater than or equal to 5%
should be stone lined. Alternatively, stone check dams can be installed. The applicant is
proposing to use North American Green C:250 erosion control matting in these locations.
Please provide more information on this product (Tensar appears to have purchased
North American Green and I could not easily find a product specification for the C250
model number. It may have changed).
3. Drainage from the site is proposed to reach tributary 9 of Potash Brook via a roadside swale. Water
is then conveyed under Meadowland Drive via an 18" culvert. Per section 15.13.F of the LDRs, the
applicant must provide information sufficient to determine the effects of the project on drainage
structures located downstream of'the project during the 25 year, 24 hour storm event. This analysis
should be done assuming full build out conditions.
4. Provide more details on the "temporary sediment trap" indicated at the upstream end of the culvert
beneath Meadowland Drive on sheet C1.5. Erosion should be prevented and sediment trapped on site
prior to reaching the stream.
5. The applicant is proposing to access the additional fill location shown on sheet C3.1 via an
,,existing culvert and stream crossing" on the property. What measures are being taken to avoid impacts
to the stream at this location and along the proposed haul road? I am concerned the potential for
sediment transport to Potash brook along this road and at this location.
a. Has the applicant considered avoiding impacts in this location by accessing the
proposed additional storage area via Meadowland Drive and a stabilized construction
entrance?
6. It is recommended that silt fence be placed IO' from the toe of slope (see Vermont Low Risk site
handbook section 4). Will this be possible on this project? If so, please update the temporary stockpile
detail on sheet C3.2 to indicate this.
7. Is there a phasing plan in place? At what point will it be necessary to utilize the additional stockpile
area on sheet C3.1 ? Is it feasible to utilize and stabilize the stockpile area shown on sheet C3.0 prior to
disturbing additional area for the same purpose?
8. The City, VTrans, and nearby private property owners experienced flooding near the southwest
corner of Lot 1 (near Hinesburg Road) during recent large storm events. Water was unable to flow to the
east or northeast through the subject property. What opportunities exist that could improve this
condition? Could simple maintenance of existing drainages result in significant improvement?
9. The DRB should consider including a condition that requires all stormwater treatment and
conveyance infrastructure be properly maintained.
Thank you for the opportunity to comment.
-Tom
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Thomas J. DiPietro .Ir.
Deputy Director
Department of Public Works
With regards to landscaping, the City Arborist commented as follows on January 27, 2015:
• Should specfi a cultivar of Freeman Maple, recommend either Sienna Glen or Celebration
(Autumn Blaze is becoming overused)
+ Relocate trees on north side of Randall ,51. towards the street as they are almost directly on top
of the water line
Need to include Tree Planting Details and Specifications
Should spec: fv what the tree protection measures called for on sheet C3. 0 are
The plans shall be revised to comply with the City Arborist's recommendations.
(A)(9)Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
As noted
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground. The plans submitted indicate that new utility lines will be underground.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds the project to be consistent with the Comprehensive Plan.
B. Industrial -Open Space District. A Master Plan and/or PUD in the Industrial -Open Space District
shall comply with the following standards:
(1) Open space and development areas shall be located so as to maximize the aesthetic values
of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the
open character, natural areas, and scenic views of the Quadrant, while allowing carefully
planned development.
(2) Open space and any buffering shall be located in a manner that minimizes impacts on
adjacent residential uses, if any.
No development is proposed as part of this subdivision.
15.12 Standards for Roadways, Parking and Circulation in PUDs and Subdivisions
A. Street Layout. The arrangement of streets in the
subdivision shall provide for the continuation of arterial, collector and local streets of
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adjoining subdivisions and for proper projection of arterial, collector and local streets
through adjoining properties that are not yet subdivided, in order to make possible
necessary fire protection, movement of traffic and construction or extension, presently or
when later required, of needed utilities and public services such as recreation paths,
sewers, water and drainage facilities. Where, in the opinion of the Development Review
Board, topographic or other conditions make such continuance undesirable or
impracticable, the above conditions may be modified. In no case shall gates of any kind be
permitted across public or private roads, or driveways serving more than one dwelling
unit.
The proposed Phase I portion of the road is shown as terminating in a hammerhead layout where the
"arms" coincide with curb cuts to all three lots. The Board finds this acceptable as development plans for
lots 1-E, 1-D and Lot 1 have yet to be determined.
C. Topography. Streets shall be logically related to the topography so as to produce usable lots,
reasonable grades, and safe intersections in appropriate relation to the proposed use of the land to be
served by such streets. Adequate provisions shall be made in the project's storm water management
system to prevent flooding in the streets and erosion or other adverse impacts on adjacent properties.
The new street appears to follow the topography so as to create usable lots. Stormwater management
plans and erosion prevention control plans are provided. The Board this criterion to be met.
(4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection to an
adjacent property may or could occur in the future, whether through City action or development of an
adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the
property line or contribute to the cost of completing the roadway connection.
The new street is not proposed to connect to any adjacent property. The only non-residential adjacent
property is lot 1- B which has been approved for development but which is not currently developed. As
noted above in comments by the Department of Public Works the proposed Randall Street should
remain a private drive until such time as it connects back to Meadowland Drive.
(a). In any such application, the DRB shall require sufficient right-of-way to be dedicated to
accommodate two (2) lanes of vehicle travel, City utilities, and a ten foot wide grade -
separated recreation path.
The proposed new street is designed to meet these requirements. However, the applicant is proposing a
five (5) ft. sidewalk along the roadway supplemented by a gravel recreation path of 10 feet in width
along the northerly boundary of lot 1-C on the adjacent parcel and a five (5) foot wide path around the
periphery of Lots 1-C, 1-D and 1-E (see Sheet C1.3) in lieu of a 10 ft. recreation path along the roadway.
The applicant has submitted a draft "Offer of Dedication for Pedestrian Path Easements" and the plans
also indicate the location of Pedestrian Path Easements.
Staff considers this criterion to be met.
OTHER
The proposed street name shall be approved by the Planning Commission prior to recording the final
plat plans.
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DECISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve preliminary & final plat application #SD-
14-41 of SBRC Properties, LLC, subject to the following conditions:
1. 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.
a. The landscaping plans shall be amended to incorporate the City Arborist's
recommendations dated 1/27/15 and the Public Works Department's recommendations
dated 2/4/15.
b. The plans shall be revised to include the street name as approved by the Planning
Commission.
c. The plans shall be revised to indicate that there shall be on -street parking only one (1)
side of the street.
4. The Board grants a waiver of the road width requirement from 32 ft. to 26 ft. in width.
5. 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.
6. Any stormwater permit required from the Vermont Department of Environmental Conservation
(DEC) Stormwater Division shall be provided to the Administrative Officer prior to the issuance
of the first zoning permit.
7. The applicant shall be responsible to regularly maintain all stormwater treatment and
conveyance structures on -site.
8. Pursuant to Section 12.03 (F) 1 of the Land Development Regulations, the applicant shall submit
record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material,
final grading, etc. prior to acceptance of the streets as City streets.
9. Prior to recording the final plat plans, the applicant shall submit to the Administrative Officer a final
set of project plans as approved in digital (PDF) format.
10. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for the proposed public road, Open Space
Agreement, Pedestrian Path Easement and utility, sewer, drainage, and water, etc.) shall be
submitted to the City Attorney for approval and recorded in the South Burlington Land Records.
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11. Prior to permit issuance for construction of the street, the applicant shall post a landscaping
bond in the amount of $10,290. This bond shall remain in full effect for three (3) years to assure
that the landscaping has taken root and has a good chance of survival.
12. Prior to start of construction of the improvements described in condition #10 above, the
applicant shall post a bond which covers the cost of said improvements, the amount of which
must be approved by the City Engineer.
13. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall submit a
Certificate of Title showing the ownership of all property and easements to be dedicated or
acquired by the City to be approved by the City Attorney prior to recording the final plat plan.
14. Street trees must be in place along the street prior to adding the final layer of the pavement.
15. The applicant shall install "No Parking this Side of Street" signs on one (1) side of the street.
16. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
17. The mylars shall be recorded prior to any zoning permit issuance.
18. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14 days of
the completion of the required improvements, the developer shall submit to the City Engineer
"as -built" construction drawings certified by a licensed engineer.
19. All street lights shall be LED type.
20. 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.
21. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications should be underground.
22. The mylar shall be recorded prior to any zoning permit issuance.
23. Any changes to the final plat plans shall require approval of the South Burlington Development
Review Board.
24. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in
digital format. The format of the digital information shall require approval of the South
Burlington GIS Coordinator.
Tim Barritt Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
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#S D-14-41
Brian Breslend
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 5— 0 — 0. jk
FL✓Y�01✓- 2015, by
Signed this d of �
f
Tim Barritt, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant
to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is
$225.00. 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 VSA 4472 (d)
(exclusivity of remedy; finality).
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