HomeMy WebLinkAboutSP-06-33 SP-06-34 - Decision - 0472 Meadowland Drive#S P-06-33
#SP-06-34
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O'BRIEN BROTHERS PARTNERSHIP - PLANNED UNIT
DEVELOPMENT
472 MEADOWLAND DRIVE
PRELIMINARY PLAT APPLICATION #SD-06-33
FINAL PLAT APPLICATION #SD-06-34
FINDINGS OF FACT AND DECISION
O'Brien Brothers Partnership, hereafter referred to as the applicant, is seeking
preliminary and final plat plan review for a planned unit development consisting of a
50,000 sq. ft. building for a multiple number of tenants and a multiple number of uses
under an umbrella approval, 472 Meadowland Drive. The Development Review Board
held a public hearing on June 6, 2006. Patrick O'Brien 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) The applicant is seeking preliminary and final plat plan review for a planned unit
development consisting of a 50,000 sq. ft. building for a multiple number of
tenants and a multiple number of uses under an umbrella approval, 472
Meadowland Drive.
2) The subject property is located in the Industrial & Open Space (10) Zoning
District.
3) The owner of record of the subject property is Munson Earth Moving Corp.
4) The plans submitted consist of an eight (8) page set of plans, page two (2)
entitled, "Site Plan Meadowlands Business Complex Lot 2 Meadowland Industrial
Park 472 Meadowland Drive South Burlington, Vermont", prepared by Krebs &
Lansing Consulting Engineers, Inc., dated 5/3/06.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District
Required
Proposed
Min. Lot Size
3 acres
8.13 acres
Max. Density
n/a
n/a
�l Max. Building Coverage
30%
14.3%
Max. Overall Coverage
50%
38.4%
Min. Front Setback
50 ft.
50 ft.
Min. Side Setback
35 ft.
>35 ft.
Min. Rear Setback
50 ft.
200 ft.
Max. Building Height
35 ft.
35 ft
Front Yard Coverage
30%
29.9%
zoning compliance
n/a no residential units proposed
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure.
The entire Meadowland Business Park has been preliminarily approved for water
allocation. However, the applicant shall still adhere to the comments of the South
Burlington Water Department regarding this proposal.
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.
The original subdivision received a 51,272 gpd sewer allocation which is still in effect. To
date there is 48,380 gpd available.
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 has submitted a grading and erosion control plans which will sufficiently
prevent soil erosion and runoff from creating adverse conditions on the subject property
and adjacent properties.
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The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this property is proposed via one (1) 24' drive off of Meadowland Drive. The
access drive will split and access two parking areas. The westerly side will serve as parking
for some staff and customers to the site. The easterly side will service delivery trucks and a
limited amount of parking. This is sufficient for the proposed use.
The areas do not connect at the southern edge of the property. A 20' fire lane will be
provided for emergency access at this area of the building. It is not prudent to connect the
areas as passenger vehicles may be tempted to access the easterly side of the building
and come into conflict with commercial vehicles.
According to the ITE Trip Generation Manual, 7th Edition, the 50,000 square feet of
contractor or building trade facility is estimated to generate 22 P.M. peak hour trip ends.
The applicant has estimated 55 PM peak hour trip ends and would like approval for such.
The Board finds this acceptable.
Condition #3c of the September 10, 1996 subdivision approval for the business park
required that "prior to site plan approval for each lot, the signal warrant analysis shall be
updated. When the signal is shown to be warranted at Rte 116/Swift Street Extension,
applicant shall install signal at specifications approved by the City." (Swift Street Extension
is now known as Meadowland Drive).
The applicant submitted a traffic impact study for this project dated 5/26/06 prepared by
Lamoureux & Dickinson Consulting Engineers. This study concludes that "it has determined
that the peak hour and four-hour signed warrants were not satisfied" for the subject
intersection.
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.
The subject property contains identified Class II wetlands. However, neither the parking
areas nor the building encroach upon these wetlands or their respective buffers.
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.
According to Section 6.04(A) of the Land Development Regulations, 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 IO 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.
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The proposed project is in compliance with the stated purpose of the 10 District, as outlined
in the Land Development Regulations.
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.
There are significant portions of open space running along the southern portions of the
property, so this requirement is met.
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 Chief has reviewed the plans and provided comments in a memo dated May 31,
2006.
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 subject property contains a 20' wide pedestrian easement running along the southern
and eastern side of the proposed building and the southerly property boundary. This is
sufficient to facilitate pedestrian and recreation traffic through the property. However, the
Board suggests that this is the most appropriate time to move the easement to the west so
as to keep it out of the wetland. The South Burlington Recreation Department concurs with
this. While no construction of the path is planned at this time, it will facilitate the process at
a later date.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The subdivision plans for the entire Meadowland Business Park show details on street
utilities, lighting, and stormwater management. These have been approved by the City
Engineer, so they are acceptable for the proposed project.
The applicant has submitted an adequate lighting point by point plan for the proposed
project which meets the requirements in Appendices A.9 and A.10 of the Land
Development Regulations. In addition, the applicant has submitted exterior lighting details
(cut -sheets) for the proposed lighting on the subject parcel. The proposed lighting fixtures
shall be in compliance with Appendix D of the Land Development Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
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SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 establishes the following general review standards
for all site plan applications:
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.
The subject property contains a 20' wide pedestrian easement running the southern and
eastern side of the proposed building and the southerly property boundary. This is
sufficient to facilitate pedestrian and recreation traffic through the property.
The applicant is proposing 90 parking spaces, so all uses in the building under an umbrella
permit can not exceed a parking demand of 90 spaces.
According to Table 13-7 of the Land Development Regulations, a property with 90 parking
spaces requires four (4) handicapped -accessible parking spaces. The plans depict four
handicapped -accessible spaces.
The dimensions of the proposed parking areas appear to meet the requirements in Table
13-8 of the Land Development Regulations.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. A bicycle rack is depicted on the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
All of the proposed parking is located to the side of the building.
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 adjoining
buildings.
The height of the proposed building is in compliance with the South Burlington Land
Development Regulations..
The proposed project is located in a business park in a area where industrial uses exists.
The scale of the proposed building is compatible with existing buildings in the area.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
The applicant has submitted elevations of the proposed building.
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.
The applicant has submitted elevations of the proposed building.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the Land Development
Regulations:
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 of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
Because the project is in a large lot, industrial area, access to adjacent properties is
necessary.
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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).
The plans show dumpsters to be typical of each unit. Those dumpsters appear to be
adequately screened.
Landscaping and Screening Requirements
Based on the cost projections submitted by the applicant for this property, the minimum
landscaping costs are $22,500. The applicant has submitted a landscaping budget which
exceeds this minimum requirement.
Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street
parking area with twenty-eight (28) or more parking spaces, at least ten percent (10%) of
the interior of the parking area shall be landscaped with trees, shrubs, and other plants.
All interior and perimeter planting shall be protected by curbing. Interior planted islands
shall have a minimum dimension of six (6) feet on any one side, and shall have a
minimum square footage of sixty (60) feet. Large islands are encouraged.
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Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off.
The plans depict two snow storage areas. The snow storage area shown to the
northeast of the property conflicts with the pedestrian easement. This area shall be
moved or otherwise altered so as not to conflict with the pedestrian easement.
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any utility cabinets on the site shall be effectively screened to the approval of the
Development Review Board.
View Protection Zone
The subject property is located within the Hinesburg Road -North Scenic View Protection
Overlay District and thus subject to Section 10.03(H) of the South Burlington Land
Development Regulations. Specifically, no part of any structure within the zone shall
exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet
that said part of said structure is horizontally distant from the Hinesburg Road -North
View Protection Zone Base Line shown on the Scenic View Protections Overlay District
Map.
Required Findings for Umbrella Approval
To make positive findings for an umbrella permit pursuant to Section 3.09 of the South
Burlington Land Development Regulations, the Development Review Board must
determine that:
1) Such uses are compatible in normal manner of operation, including types of
traffic generated; hours of use; lack of excessive noise, dust, or odor, or other
objectionable element; and any other relevant aspect of operation.
2) Such uses can suitably share common facilities, such as parking and outside
storage areas, within the requirements of these regulations for any lot.
The Development Review Board must then establish the following limits for the site:
1) P.M. peak hour trip ends.
2) Number of required parking spaces.
The proposed uses are as follows:
a. general office
b. contractor or building trade facility
c. light manufacturing
d. manufacturing & assembly from previously prepared materials and components.
e. printing & binding production facilities.
f. research facility or laboratory
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Other
The South Burlington Director of Public works reviewed the previously submitted plans
and provided comments in a memorandum dated June 2, 2006.
The subject property is located within the Industrial Open Space District and as such
shall be subject to Section 6.04(F) and 6.05 of the South Burlington Land Development
Regulations.
All lots of three acres or more, an open space buffer strip no less than two hundred (200)
feet in width shall be maintained along the boundary of the SEQ district. The proposed
building is exactly 200 feet from the SEQ boundary.
At the discretion of the Development Review Board, the buffer strip either shall be left in
its open, natural condition or shall be required to be landscaped in accordance with the
standards in Section 3.06(I) to provide appropriate screening of proposed uses from
adjacent residential properties.
This property does abut residential properties. At this time, the applicant is proposing a
significantly sized landscaping berm to be placed at the corner most adjacent to those
residential properties. The berm is proposed to be 15 feet in height at its highest point
and roughly 160 feet in length.
At the sketch plan hearing, the Development Review Board suggested that staff explore
a set of conditions originally proposed for a property on site. Staff has examined these
conditions and worked with the applicant to compose a reasonable set of conditions on
the property:
a) The use of "Jake Brakes" by any vehicle going to or from the subject property on
Meadowland Drive is prohibited. The applicant shall advise all drivers of this.
b) There shall be no idling of diesel trucks for periods in excess of five (5) minutes
on the subject property.
c) There shall be no refrigerated trucks stored on the subject property.
d) The restrictions on scheduled truck vehicle trip ends on the subject property
shall be as follows:
12:00 A.M - 5:59A.M.
6:00 A.M. — 11:00 P.M
11:01 P.M —11:59 P.M.
Monday
no truck operations
no restrictions
restricted to 6 truck
vehicle trip ends
Tuesday
restricted to 6 truck
vehicle trip ends
no restrictions
restricted to 6 truck
vehicle trip ends
Wednesday
restricted to 6 truck
vehicle trip ends
no restrictions
restricted to 6 truck
vehicle trip ends
Thursday
restricted to 6 truck
no restrictions
restricted to 6 truck
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vehicle trip ends
vehicle trip ends
Friday
restricted to 6 truck
no restrictions
restricted to 6 truck
vehicle trip ends
vehicle trip ends
Saturday
restricted to 6 truck
no restrictions
no truck operations
vehicle trip ends
7:00 A.M — 5:00 P.M
no trucking operations
5:01 P.M — 11:59 P.M.
Sunday
I no truck operations
I no truck operations
I no truck operations
The Board shall allow exception for emergency cases where it is not prudent, either
for reasons of safety or substantial financial impact, to wait until such a time where truck
traffic would be allowed. For the purposes of clarifying the Board's intent, this shall
include, as example, emergency service calls and deliveries which have been delayed
due to poor weather or other hazard which has impacted traffic in the region.
The DRB originally suggested that there shall be no use of a "back-up beeper" on
any vehicle on the subject property between the hours of 10:00 P.M. and 6:00 A.M.
However, after sufficient research into local and state traffic and transportation law
and code, The Board does not advise implementing this condition. The potential
safety and financial risk is too great.
DECISION
Motion by C AJ��� UC �f (�1 seconded by
to approve Preliminary Plat Application #SD-06-33 and Final Plat Application #SD-06-34
of O'Brien Brothers Partnership, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plat 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.
a. The plans shall be revised to comply with the requests of the City Arborist as
outlined in his memo dated May 19, 2006.
b. The plans shall be revised to show the northeast snow storage area relocated
so as not to conflict with the recreation path easement.
c. The plans shall be revised to depict any utility cabinets on the site as effectively
screened.
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d. The plans shall be revised to comply with the requests of the Director of Public
Works as outlined in his memo dated June 2, 2006 to show a 7" curb reveal detail.
e. The plans shall be revised to show the recreational path easement located
further to the west as to avoid the Class III wetland.
4. The applicant shall adhere to the comments of the South Burlington Water Department
as dated May 18, 2006.
5. The applicant shall adhere to the conditions of the SBFD as per the memo dated May
31, 2006.
6. The applicant shall adhere to the comments of the South Burlington City Arborist as per
his memo dated May 19, 2006.
7. The applicant shall adhere to the comments of the South Burlington Director of Public
Works as per his memo of June 2, 2006.
8. The applicant shall receive sewer allocation prior to issuance of a zoning permit.
9. 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 of
the site shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
10. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the new building and associated
uses will generate 55 vehicle trip ends during the P.M. peak hour.
11. Prior to issuance of the zoning permit, the applicant shall record a new recreation path
easement deed, approved by the City Attorney, for the relocated recreation path easement.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
13. The lighting fixtures shall be revised to be in compliance with Appendix D of the Land
Development Regulations.
14. The applicant shall post a $22,500 landscape bond prior to permit issuance. This
bond shall remain in full effect for three years to assure that the landscaping has taken
root and has a good chance at survival.
15. The use of "Jake Brakes" by any vehicle going to or from the subject property on
Meadowland Drive is prohibited. The applicant shall advise all drivers of this.
16. There shall be no idling of diesel trucks for periods in excess of five (5) minutes on the
subject property.
17. There shall be no refrigerated trucks stored on the subject property
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18. The restrictions on scheduled truck vehicle trip ends on the subject property shall be as
follows:
12:00 A.M - 5:59A.M.
6:00 A.M. —11:00 P.M
11:01 P.M —11:59 P.M.
Monday
no truck operations
no restrictions
restricted to 6 truck
vehicle trip ends
Tuesday
restricted to 6 truck
no restrictions
restricted to 6 truck
vehicle trip ends
vehicle trip ends
Wednesday
restricted to 6 truck
no restrictions
restricted to 6 truck
vehicle trip ends
vehicle trip ends
Thursday
restricted to 6 truck
no restrictions
restricted to 6 truck
vehicle trip ends
vehicle trip ends
Friday
restricted to 6 truck
no restrictions
restricted to 6 truck
vehicle trip ends
vehicle trip ends
Saturday
restricted to 6 truck
no restrictions
no truck operations
vehicle trip ends
7:00 A.M - 15:00 P.M
no trucking operations
5:01 P.M — 11:59 P.M.
Sunday
no truck operations
no truck operations
no truck o erations
19. This approval is for the following uses which are currently permitted uses in the
Industrial & Open Space Zoning District: general office, contractor or building trade
facility, light manufacturing, manufacturing & assembly from previously prepared
materials and components, printing & binding production facilities, and research facility
or laboratory. If the land development regulations change so that any of the above uses
are no longer permitted, then those uses which are no longer permitted shall no longer
be approved.
20. This approval is conditioned on a maximum of 90 parking spaces available and 55
PM peak hour vehicle trip ends.
21. The applicant shall obtain approval from the Director of Planning and Zoning prior to
any change of any tenant in the building. The Director of Planning and Zoning shall
approve the proposed new tenant only if the proposed combination of uses fits within the
limitations established in stipulation #20 above. In making her determination, the
Director of Planning and Zoning shall utilize the parking standards in Tables 13-1
through13-6 in the Land Development Regulations, and trip generation rates contained
in the I.T.E. Trip Generation Manual. If a use proposed does not fit clearly within any of
these standards, or if a shared parking concept is proposed in order to meet the parking
limit, the applicant shall obtain approval from the Development Review Board for the
proposed use.
22. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
23. The final plat plan (site plan) 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.
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Mark Behr —PeP/nay/abs ain/not present
Matthew Birmingham — e nay/abstain/not present
Chuck Bolton —&�gjnay/abstain/not present
John Dinklage — e nay/abstain/not resent
Roger Farley — yea/nay/abstain of resen
Larry Kupferman7&aj/nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of (- C) - 6
Signed this day of 2006, by
John Di age, 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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