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HomeMy WebLinkAboutSD-08-44 SD-08-45 - Decision - 0065 Bowdoin Street1, #SD-08-44 #SD-08-45 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BIRCHWOOD PROPERTIES, INC. - 65 BOWDOIN STREET PRELIMINARY PLAT APPLICATION #SD-08-44 FINAL PLAT APPLICATION #SD-08-45 Birchwood Properties Inc, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development to construct a 27,200 sq. ft. general office building, 65 Bowdoin Street The Development Review Board held a public hearing on Tuesday, September 16, 2008. David Marshall of Civil Engineering Associates 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 approval for a planned unit development to construct a 27,200 sq. ft. general office building, 65 & 103 Bowdoin Street 2. The owner of record of the subject property is Birchwood Burlington, LLC. 3. The subject property is located in the Industrial & Open Space (10) Zoning District, the Hinesburg Road North View Protection overlay District and the Airport Approach Cone Overlay District. 4. The plans submitted consist of a 33 page set of plans, page one (1) entitled, "Birchwood Office Building 65 & 103 Bowdoin Street Lot 8 & 9 Meadowland Business Park South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated Aug, 2008, last revised 9/10/08. - 1 - #SD-08-44 #SD-08-45 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements 10 Zoning District Required Pro osed �l Min. Lot Size 3 acres 7.78 acres �l Max. Density n/a n/a Max. Building Coverage 30% 7.7% �l Max. Overall Coverage 50% 25.4% �I Min. Front Setback Bowdoin Street 50 ft. 52 ft. Min. Side Setback 35 ft. 107 ft. Min. Front Setback (Thompson Street 50 ft. 456 ft. Max. Building Height 35 ft. 31 ft Front Yard Coverage 30% 11.7% 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 been preliminarily approved for water allocation. However, the applicant shall still submit plans and requests to the South Burlington Water Department for review to ensure compliance with the initial approval. The South Burlington Water Department has reviewed the plans and provided comments in a memo dated September 4, 2008. The applicant has already responded to the issues and staff trusts the applicant and the department to work this out as a condition of approval from the Development Review Board. 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. -2- #SD-08-44 #SD-08-45 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 sufficient grading and erosion control plans. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to this property is proposed via two 24' drives from Bowdoin Street. This complies with the minimum requirement for an entry drive and is therefore in compliance. There is an existing gravel teardrop cul-de-sac at the north end of Bowdoin Street. The applicant is proposing to extend Bowdoin Street to the north property line. They are proposing to submit a new survey plat to show revised property lines and elimination of the temporary easement encumbering Lots 6 and 9 as part of the final plat application, in favor of a hammerhead style turnaround. The Department of Public Works has reviewed the plans and comment on this matter in an email dated September 11, 2008. They are in support of the plan, with changes to plan notes. The Board does not foresee any issues with this proposal that will create unreasonable congestion of adjacent roads. However, a traffic study at the intersection of Meadowland Drive and Hinesburg Road is required to be completed in support of the determination as to whether the warrants for a traffic light at that intersection is required. The applicant has submitted this traffic study. The applicant's study states that the proposed building "will not create adverse traffic congestion conditions on the surrounding roads and intersections..... and not require specific major improvements such as a traffic signal to accommodate this project." According to the ITE Trip Generation Manual, 7th Edition, the 27,200 square feet of single tenant office use (land Use Code 715) is estimated to generate 47.06 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 contains a large section of wetlands along a stream corridor (unnamed tributary of Potash Brook) that drains through the project site from south to north. The project respects the 50' setback from the wetlands associated with the stream corridor. 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 districts) in which it is located. According to Section 6.04(A) of the Land Development Regulations, the Industrial -Open Space /0 District is established to provide suitable locations for high -quality, large -lot -3- a l #SD-08-44 #SD-08-45 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. There are significant portions of open space running along the western 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 hre protection can be provided. Consistent with previous requests from the Fire Chief, a new fire hydrant is proposed at the south end of the project site to minimize the potential for fire hoses being run -over. The applicant has worked with the Fire Chief towards agreement on the project. The Fire Chief has stated his satisfaction with the plans. 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 recreation path easement which straddles the northern property boundary. The Recreation Path Committee should comment on this easement, and whether this should be transformed into a recreation path. Previous input from the committee regarding the same path on nearby Lot 6 did not call for any recommended improvements. 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. A lighting point by point plan for the proposed project shall be submitted for this proposal, and shall meet the requirements in Appendices A.9 and A.10 of the Land Development Regulations. In addition, the applicant should submit 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 applicant has submitted acceptable plans showing proposed lighting locations and details. -4- C l #SD-08-44 #SD-08-45 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. 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 movemen4 and adequate parking areas. This criterion is met through the proposed development. Again, the applicant should meet with the Recreation Path Committee. According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the 27,700 square feet of office building will require 90 spaces. The plans depict 102 parking spaces. According to Table 13-7 of the Land Development Regulations, a property with 100-125 parking spaces requires five (5) handicapped -accessible parking spaces. The plans depict five (5) 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. Two bicycle racks have been depicted on the plans. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of the proposed parking is located to the north side and behind the building. Five spaces are located in the front of the building. However, as the building fronts on a dead-end street, the Board finds the location of parking on this property to be acceptable. 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 applicant has submitted elevations of the building. The height of building is within the limits of the district. -5- #SD-08-44 #SD-08-45 The proposed project is located in a business park in a area where both office and industrial uses exists, so 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. 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 criterion has been successfully met; the Board finds the architecture to be aesthetically pleasing and believes it will be a welcome addition to the surrounding business park. 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 not 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 do show dumpsters. Any waste facilities proposed on site shall be shown and shown to be adequately screened. #SD-08-44 #SD-08-45 Landscaping and Screening Requirements Based on building cost projections of $4,161,600, the minimum landscaping budget shall be $49,116. The applicant is proposing $49,200 in landscaping. The City Arborist has reviewed the plans and provided comments in a memo dated September 5, 2008. 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 adequate snow storage areas. Pursuant to Section 13.06(C)(1) of the SBLDR, any utility cabinets on the site shall be effectively screened to the approval of the Development Review Board. The landscaping plan shows the proposed screening for the transformer cabinet. 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 SBLDR. 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. The applicant has submitted building elevations which include the height of the building in relation to mean sea level as well as the horizontal distance of the building from the Hinesburg Road -North View Protection Zone Base Line, in compliance with Section 10.03(H) of the SBLDR. They are in compliance. Other The City Engineer has reviewed the plans and provided comments in a memo dated September 11, 2008. This proposal results in the use of two (2) lots as one (1) lot. Prior to recording the final plat plan, the applicant should record a Lot Merger Agreement in the Land Records. DECISION Motion by Gavle Quimby, seconded by Rosier Farley, to approve Preliminary Plat Application #SD-08-44 and Final Plat Application #SD-08-45 of Birchwood Properties, Inc., subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. -7- N #SD-08-44 #SD-08-45 2. This project shall be complete as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The final plat 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 a memo dated September 5, 2008. b. The plans shall be revised to comply with the requests of the City Engineer as outlined in a memorandum dated September 11, 2008. 4. The applicant comply with the specifications of the City Arborist per the memo dated September 5, 2008. 5. The applicant shall adhere to the specifications of the City Engineer as outlined in a memorandum dated September 11, 2008. 6. The applicant shall adhere to the comments of the South Burlington Water Department per the letter dated September 4, 2008. 7. The applicant shall obtain final sewer allocation from the Director of Planning and Zoning prior to permit issuance. 8. 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. 9. The final drawings shall be approved by the Director of Public Works with respect to the hammerhead turnaround. . 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11. Prior to recording the final plat plan, the applicant shall record a Lot Merger Agreement, approved by the City Attorney, in the Land Records. 12. The physical and 911 address for this property shall be 65 Bowdoin Street. 13. Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 14. Prior to permit issuance, the applicant shall post a $49,116 landscaping bond. 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. WE #SD-08-44 #SD-08-45 15. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that this project will generate 47.06 vehicle trip end's during the p.m. peak hour. 16. The mylar shall be recorded prior to permit issuance. 17. 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. 18. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 19. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 20. The final plat plan (Sheet PL-1 and Sheet C-1.1) 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 the approval of the South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage —yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of 5-0-0. Signed this � day of ` 2008, by / John Dink age, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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).