HomeMy WebLinkAboutSD-04-61 SD-04-64 - Decision - 0596 Meadowland DriveCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SPENCER TERMINAL HOLDINGS - 596 MEADOWLAND DRIVE
PRELIMINARY PLAT APPLICATION #SD-04-61
FINAL PLAT APPLICATION #SD-04-64
FINDINGS of FACT & DECISION
Spencer Terminal Holdings, hereafter referred to as the applicant, is seeking preliminary
and final plat approval for a planned unit development consisting of: 1) construction of a
26,000 sq ft distribution and related storage building with more than 15% of the GFA in
office use for the same tenant at 596 Meadowland Drive, and 2) relocating a 200 foot
wide "no -construction" buffer from 596 Meadowland Drive to the property to the south
located at the end of Dubois Drive. The Development Review Board held public
hearings on September 21, 2004, October 19, 2004 and November 9, 2004. Ian Jewkes
represented the applicant.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
The applicant is seeking preliminary and final plat approval for a planned unit
development consisting of: 1) construction of a 26,000 sq ft distribution and
related storage building with more than 15% of the GFA in office use for the
same tenant at 596 Meadowland Drive, and 2) relocating a 200 foot wide "no -
construction" buffer from 596 Meadowland Drive to the property to the south
located at the end of Dubois Drive.
2. The owners of record of the subject properties are Summer Ice Joint Venture and
Marie Dubois.
3. The subject properties are located in the Industrial & Open Space (10) Zoning
District, the North Scenic View Protection Overlay District and the Southeast
Quadrant Zoning District.
4. The plans consist of an ten (2) page set of plans, page two (2) entitled, "PUD Plat
Meadowland Business Park Lands of Homer and Marie Dubois Meadowland
Drive South Burlington, Vermont", prepared by Krebs & Lansing Consulting
Engineers, Inc., dated October 16, 2004.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District IF
Required
Proposed
Min. Lot Size
3 acres
20.2 acres
Max. Density
n/a
n/a
�l Max. Building Coverage
30%
2.7%
Max. Overall Coverage
50%
19.8%
�l Min. Front Setback
50 ft.
50 ft.
Min. Side Setback
35 ft.
280 ft.
Min. Rear Setback
50 ft.
200 ft.
Max. Building Height
35 ft.
24 ft.
4 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 an approved water allocation, which applies to
this proposed project. In addition, the water infrastructure has already been installed, so it is
only a matter of connecting this building to the system.
The Superintendent of the South Burlington Water Department is in the process of
reviewing the plans. His comments should be available for the meeting.
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 subdivision received a 30,345 gallon per day sewer
allocation. This allocation is still in effect.
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 grading plan is outlined on sheet SP-3 of the plans and the erosion control
details are outlined on sheet D-3 of the plans.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
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Access to this property is proposed via two (2) access drives off of Meadowland Drive: a
26' wide drive on the westerly side of the proposed building and a 24' wide drive on the
easterly side of the proposed building. Both of these access drives are proposed for
ingress and egress. The two proposed access drives are at least 400' apart, which is
compliance with Section 15.12(E) of the Land Development Regulations.
Pursuant to Section 15.12(E) of the South Burlington Land Development Regulations, the
easterly access drive should be aligned with Bowdoin Street, on the opposite side of
Meadowland Drive.
The proposed truck parking lots are very large to accommodate the large trucks this site will
cater to. Therefore, circulation on the site will not be an issue.
According to the ITE Trip Generation Manual, 7 th Edition, the 18,500 square feet of
distribution and related storage space is estimated to generate 15.17 P.M. peak hour trip
ends (Land Use 30). The 7,500 square feet of office space is estimated to generate 11.18
P.M. peak hour trip ends. Thus, the total project is estimated to generate 26.25 P.M. peak
hour trip ends.
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 does not contain any identified wildlife habitat. However, the site does
contain a pond and some wetlands. The wetlands are delineated on the plan dated October
16, 2004. The Natural Resources Committee (NRC) reviewed the proposed project at its
meeting on November 4, 2004. The NRC recommended approval with the following
conditions:
1. the applicant shall plant a vegetative delineation along the wetland buffer on the
easterly side of the subject property;
2. the applicant shall mitigate the wetland impacts by adding 700 sq. ft. of constructed
wetland to the existing Class III wetland on the easterly side of the subject property;
3. there shall be no development within any of the wetlands or wetland buffers, except
for the proposed encroachment into the Class II I wetland buffer adjacent to the
northerly property boundary;
4. there shall be no mowing or planting within the wetlands or wetland buffers;
5. there shall be no pesticide or herbicide application within the wetland or wetland
buffers;
6. the detention pond shall be designed to maximize pollutant removal;
7. the applicant shall set-up annual water quality testing, including a base -line test, to
ensure that pollutants are not accumulating in any of the wetlands;
8. the applicant shall implement a mechanism to contain fuel spills;
9. the applicant shall submit confirmation from the wetland expert as to whether the
wetlands on the easterly side of the property are indeed Class III and whether any
wetlands or wetland buffers on the property to the south extend onto the subject
property.
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.
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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 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.
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.
This requirement is being met because there are significant portions of open space running
along the western and eastern portions of the property.
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 memorandum dated
September 29, 2004.
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 westerly
side of the proposed building and the southerly property boundary. This is sufficient to
facilitate pedestrian and recreation traffic through the property. This pedestrian easement is
being relocated to the south within the planned unit development.
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 utilities,
lighting, and stormwater management. These have been approved by the City Engineer,
so they are acceptable for the proposed project.
A lighting point by point plan for the proposed project is contained on sheet SP-5 of the
plans, which meets the requirements in Appendices A.9 and A.10 of the Land Development
Regulations. In addition, the applicant submitted exterior lighting details (cut -sheets) for the
proposed lighting. The proposed lighting fixtures are in compliance with Appendix D of the
Land Development Regulations.
!Z�
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
Pursuant to Chapter 8(B)(2) of the South Burlington Comprehensive Plan, the following
goals and objectives have been established for the 10 Zoning District:
a. High quality industry — This proposed industry is not of high quality, mainly due to
the noise, lighting, and air emissions that could result. The conditions incorporated
in this decision will mitigate these potential impacts, and therefore this goal is met.
b. Large -lot industry — The Development has determined that this goal is met, as the
proposed property is 20.2 acres.
c. Environmentally consistent industry — The Development Review Board raised
concerns regarding the potential impacts to air quality and wetland/water quality.
However, the conditions incorporated in this decision will mitigate these potential
impacts, and therefore this goal is met.
d. Well -designed planned unit development — The Development Review Board has
determined that this goal is met, as the site layout has been designed to minimize
the project's footprint and preserve a significant amount of open space.
e. Preserve large tracts of usable, visible, open space - The Development Review
Board has determined that this goal is met, as the site has been planned to
preserve a significant amount of open space.
f. Maintenance of scenic views — The Development Review Board has determined
that this goal is met, as the project is in compliance with the restrictions established
for the Hinesburg Road — North Scenic View Protection Overlay District.
g. Little adverse traffic impact - The Development Review Board has determined that
this goal is met, as the project's traffic will be well under the maximum traffic budget
established for the Meadowland Business Park.
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 applicant's building elevation plans are on sheet A-1 of the plans. The proposed
building accomplishes a desirable transition from structure to site and from structure to
structure.
The site includes a 20' wide pedestrian easement that will help facilitate pedestrian
movement. In addition, there is an existing recreation path running along Meadowland
Drive. Therefore, no additional sidewalks are necessary on the property.
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the
18,500 square feet of building dedicated to warehousing, processing storage, and
distribution requires 9.25 parking spaces. The 7,500 square feet of building dedicated to
office use will require 26.25 parking spaces. Thus, the proposed project will require a total
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of 36 parking spaces (rounded up from 35.5). The plans show a total of 67 parking spaces
in the main parking lot, adjacent to Meadowland Drive. According to Table 13-7 of the
Land Development Regulations, a property with 51 to 75 parking spaces requires three (3)
handicapped -accessible parking spaces. The plans only depict two (2) handicapped -
accessible spaces. In addition to the 67 standard parking spaces, the plans also depict 28
parking spaces for trucks on the rear portion of the property.
The dimensions of the proposed parking areas 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 proposed in the parking lot to
the west of the proposed building.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The majority of the proposed parking is located in the front 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 scale of the proposed building is compatible with the site and existing buildings in the
area. The height of the proposed building is 27.5', which is in compliance with the Land
development Regulations.
The proposed project is located in a business park where industrial uses exist. 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.
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.
This requirement is met.
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.
This requirement is met.
M
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.
The proposed project is nestled between the wetlands on the site. In order to provide any
access to adjacent properties, wetland encroachments would be necessary. Because the
project is in a large lot, industrial area, access to adjacent properties is not necessary.
However, if the property to the south is going to be developed with residential units, a
second means of access, most likely through this property, will be required. This would
require an access easement connecting the property to the south with Meadowland Drive.
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 a solid waste facility on the easterly side of the proposed building, which is
adequately screened.
Landscaping and Screening Requirements
According to Table 13-9 of the Land Development Regulations, the proposed project has a
minimum landscaping requirement of $14,500. The applicant is proposing $23,170 worth
of landscaping, which includes eighteen (18) Austrian Pines on the property to the south.
The landscape plan and landscape budget are in compliance with Section 13.06 of the
Land Development Regulations.
Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street
parking areas 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. At least one (1) major deciduous shade tree, whose caliper is equal to or greater
than two and one-half (2.5) inches when measured six (6) inches above ground at the
time of planting, shall be provided within each parking area for every three thousand
(3,000) square feet of paved area or every ten (10) parking spaces, whichever is greater.
The landscaping plan for the off- street parking area is in compliance with Section
13.06(B) of the Land Development Regulations.
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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 a snow storage area along the southern boundary of the property.
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.
The applicant proposes a screened HVAC pad to the east of the proposed building.
The City Arborist reviewed the plans and provided comments in a memorandum dated
10/4/04.
View Protection Zone
The applicant shall demonstrate to the Administrative Officer that the proposed project is
in compliance with the restrictions established for the Hinesburg Road — North Scenic
View Overlay District, prior to recording of the final plat plans.
Other
The City Engineer reviewed the plans and provided comments in a memorandum dated
September 9, 2004.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
hereby approves preliminary plat application #SD-04-61 and final plat application #SD-
04-62 of Spencer Terminal Holdings, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning
& Zoning.
3) The plat plans shall be revised to show the following changes and shall require
approval from the Administrative Officer. Four (4) copies of the approved revised
plat plans shall be submitted to the Administrative Officer prior to recording:
a) The plans shall be revised to depict a total of three (3) handicapped parking spaces.
b) Sheet SP-1 of the plans shall be revised to correct the owner and co -applicant
address information for Summer Ice Joint Venture. These addresses are labeled
as Summit Street in South Burlington, which doesn't exist.
c) Sheet SP-1 of the plans shall be revised so that the parking calculation
information corresponds with the Land Development Regulations.
d) The plat plans shall be revised to show a vegetative delineation along the wetland
buffer on the easterly side of the subject property.
e) The plat plans shall be revised to mitigate the wetland impacts by adding 700 sq. ft.
of constructed wetland to the existing Class III wetland on the easterly side of the
subject property.
f) The plat plans shall be revised to incorporate the recommendation of the City
Arborist in his memo of October 4, 2004.
g) The plans shall be revised to add 10 to 12 foot high berms with evergreen trees with
a minimum height of four (4) feet on top of the berm, at the southwest corner of the
property, westerly of detention pond "A".
h) The plans shall be revised to align the easterly access drive opposite Bowdoin
Street and add curbs along the east side of the access drive.
4) The applicant shall comply with the requests of the City Engineer, as outlined in his
memorandum dated September 9, 2004.
5) The applicant shall comply with the requests of the Fire Chief, as outlined in his
memorandum dated September 29, 2004.
6) There shall be no development within any of the wetlands or wetland buffers, except for
the proposed encroachment to the existing Class III wetland on the easterly side of the
subject property.
7) There shall be no mowing or planting within the wetlands or wetland buffers.
8) There shall be no pesticide or herbicide application within the wetland or wetland
buffers.
9) The detention pond shall be designed to maximize pollutant removal as required by the
Vermont Stormwater Regulations. Certification from a licensed engineer that it meets
the state requirements shall be submitted prior to permit issuance.
10) The applicant shall set up annual water quality testing, including a base -line test, to
ensure that pollutants are not accumulating in any of the wetlands. The results of these
annual tests shall be submitted to the Administrative Officer as soon as the results are
available.
11) The use of "Jake Brakes" by any vehicle going to or from the subject property on
Meadowland Drive is prohibited.
12) There shall be no idling of trucks for periods in excess of five (5) minutes on the subject
property.
13) 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 7:00 A.M.
14) There shall be no refrigerated trucks used or stored on the subject property.
15) The restrictions on 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 try 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
6:00 A.M - 12:00 P.M
no trucking operations
12:01 P.M — 11:59 P.M.
Sunday
no truck operations
no truck operations
no truck operations
16) Prior to permit issuance, the applicant shall submit a plan to the Administrative Officer
to reduce light intensity at night by the use of dimmers, timers, and/or motion sensors.
17) 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.
18) The applicant shall record in the land records legal documents related to the new
location of the pedestrian easement, approved by the City Attorney, prior to permit
issuance. These documents shall include a Certificate of Title pursuant to Section 15.17
of the Land Development Regualtions.
19) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
20) The applicant shall demonstrate to the Administrative Officer that the proposed
project is in compliance with the restrictions established for the Hinesburg Road —
North Scenic View Overlay District, prior to recording of the final plat plans.
21) The applicant shall post a $14,500 landscape bond, prior to issuance of a zoning
permit. This bond shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
22) For the purposes of calculating traffic impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the project will
generate 26.25 vehicle trip ends during the P.M. peak hour.
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23) All new exterior lighting shall consist of downcasting shielded fixtures. Any change
to approved lights shall require approval of the Administrative Officer prior to the
installation.
24) Any change to the final plat plans shall require approval of the South Burlington
Development Review Board.
25) The final plat plans (PUD plat and sheet SP-1) shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall be signed by the
Board Chair or Clerk prior to recording.
John Dinklage
Ro er Farley
Michele Kupersmith
Lar Kupfermah '
l� 6
�l Quimby ,
uck Bolton
Signed the d day of December, 2004.
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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