HomeMy WebLinkAboutSD-08-44 SD-08-45 - Decision - 0065 Bowdoin Street1,
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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).