HomeMy WebLinkAboutSD-13-24 - Decision - 0066 Bowdoin Street#SD-13-24
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NORTHEAST TERRITORIES, INC. — 66 BOWDOIN STREET
PRELIMINARY & FINAL PLAT APPLICATION #SD-13-24
FINDINGS OF FACT AND DECISION
The applicant, Northeast Territories, Inc., is seeking Preliminary & Final Plat approval for a planned unit
development to construct a 25,781 sq. ft. contractor or building trades facility, 66 Bowdoin Street.
The Development Review Board held a public hearing on September 17 and October 1, 2013. The
applicant was represented by Dave Marshall.
Based on the plans and 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, Northeast Territories, Inc., is seeking Preliminary & Final Plat approval for a planned
unit development to construct a 25,781 sq. ft. contractor or building trades facility, 66 Bowdoin
Street.
2. The owner of record of the subject property is Northeast Territories, Inc.
3. The subject property is located in the Industrial & Open Space Zoning District.
4. The application was received on July 25, 2013.
5. The plan submitted consists of a fourteen (14) page set of plans, page one (1) entitled, "Neagley &
Chase Construction Office Facility Lot 5 Meadowland Business Park 66 Bowdoin Street South
Burlington Vermont", prepared by Civil Engineering Associates, dated Jan. 2013 and last revised on
9-20-13.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District
Required
Proposed
Min. Lot Size
3 Acres
3.06 acres
Max. Building Coverage
30%
17.52
Max. Overall Coverage
50%
50
V Front Yard Coverage (Bowdoin Street)
30%
9.3
Min. Front Setback (Bowdoin Street)
50 ft.
> 50 ft.
Min. Side Setback
35 ft.
> 35 ft.
Min. Rear Setback
50 ft.
> 50 ft.
Hinesburg East View Protection Zone
413.5 ft. elevation
375 ft. elevation
V Zoning Compliance
SUBDIVISION CRITERIA
SD_13_24_66BowdoinSt_NortheastTerritories_prelim_and_final_ffd doc
#SD-13-24
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.
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 City Engineer has reviewed the plans and has indicated he has no comments.
The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
6. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
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.
7. 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.
The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Access to the lot is proposed via a curb -cut on Bowdoin Street at the southeast corner of the lot.
The applicant has submitted a traffic study dated July 9, 2013 prepared by Lamoureux & Dickinson. The
report concludes that the project would generate 29 PM Peak Hour Trip Ends. The analysis also states that
an acceptable level of services at the intersection of Hinesburg Road-Meadowland Drive- Rye Street D
would be maintained and that the peak hour volume warrant for signalizing the intersection would not be
met.
This criterion is being met.
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.
There are no wetlands, streams, or wildlife habitat on the site.
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.
2
SD_13_24_66Bowdoi nSt_NortheastTerritones_prelim_and_final_ffd.doc
#SD-13-24
The proposed building is compatible with surrounding and planned development patterns in this zoning
district.
This criterion is being met.
Open space areas on the site have been located in such a way as to maximize opportunities for creating
contiguous open spaces between adjoining parcels and/or stream buffer areas.
The property is bordered on the south by a developed commercial property and to the north by a
commercial property which may be utilized in the future. The proposed project includes undeveloped areas
along its eastern portion which will create an open space between the proposed building and parking and
the Ireland parcel located to the east.
This criterion is being 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 reviewed the plans and provided the following comments in a letter dated September 9,
2013:
We have reviewed the plans for this proposed project. We have the following concerns and/or
recommendations.
1. Commercial structures will need fire protection plan review from the South Burlington Fire
Marshal's office to review for compliance with the Vermont Fire and Building Safety Codes.
2. Sprinklers, fire alarms, and standpipes per the VFBSC.
3. Trees, fences and floral outcroppings should be placed so as not to interfere with the
deployment of the aerial ladder, hoselines, portable ladders and other firefighting equipment.
4. Provide 24 hour per day off -site (central station) monitoring of all fire alarm and protection
systems.
5. Provide emergency key boxe(s), location to be specified by SBFD.
6. Per the plan, C2.1, as 1 view it shows the fire hydrant being relocated slightly to accommodate
the driveway, this is acceptable. It also shows a second hydrant approximately 300 feet past the
driveway which is also acceptable.
8. The applicant shall comply with the Chiefs comments.
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 City Engineer has reviewed the plans and has indicated he has no comments.
3
SD_13_24_66BowdoinSt_NortheastTerritories_prelim_and final_ffd doc
#SD-13-24
This criterion is being met.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with
City utility and roadway plans and maintenance standards.
This criterion is being met.
9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the proposed project 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 movement, and adequate parking areas.
Based on an estimated 30 employees and 25,781 square feet of office space and warehouse storage, the
proposed building will require 43 parking spaces along with 2 handicap spaces, one of which must be van
accessible.
43 parking spaces are provided on site along with 2 handicap spaces, both of which are van accessible.
The Board finds that that this criterion is being met.
Chapter 14.06 of the South Burlington Land Development Regulations states the following:
Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building
facing a public street shall be considered a front side of a building for the
purposes of this subsection.
(b) The Development Review Board may approve parking between a public street
and one or more buildings if the Board finds that one or more of the following
criteria are met. The Board shall approve only the minimum necessary to
overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the
Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
0
SD_13_24_66BowdoinSt_NortheastTerrito ries_p relim_and_final_ffd.doc
#SD-13-24
(iii) The lot has unique site conditions such as a utility easement or unstable
soils that allow for parking, but not a building, to be located adjacent to
the public street,
(iv) The lot contains one or more existing buildings that are to be re -used and
parking needs cannot be accommodated to the rear and sides of the
existing building(s), or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width of
all parking areas located to the side of building(s) at the building line shall not
exceed one half of the width of all building(s) located at the building line.
Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this
subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the
front of the building adjacent to the public street with the lowest average daily
volume of traffic. Where a lot abuts an Interstate or its interchanges, parking
shall be located to the side of the building(s) or to the front adjacent to the
Interstate. Parking areas adjacent to the Interstate shall be screened with
sufficient landscaping to screen the parking from view of the Interstate.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents,
and visitors to the site.
Parking is located to the side and rear of the building. A bicycle rack is shown on the plan.
This criterion is being met.
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 buildings is compatible with the site and existing buildings in the area. The height
of the proposed office building is proposed at approximately 14', while the height of the proposed
warehouse building is approximately 20'. These are both below the 35' height maximum for flat roof
buildings.
This criterion is being met.
Newly installed utility services and service modifications necessitated by exterior alterations or building
expansions shall, to the extent feasible, be underground.
10. 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.
SD_13_24_66BowdoinSt_NortheastTerntories_prelim_and_final_ffd.doc
I
#SD-13-24
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.
Renderings of the proposed buildings have been submitted.
These two criteria are being met.
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 or collector street, to
provide additional access for emergency or other purposes, or to improve general access and circulation in
the area.
The Board finds that the reservation of land 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.
As noted above, 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).
A screened, dumpster enclosure is shown on the plans. The Board finds that this requirement is met.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be
required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development
Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and
other plants including ground covers.
Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown
on the plans.
The plans depict snow storage areas
Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the SBLDR. The
landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape
designer.
T
SD_13_24_66BowdoinSt_NortheastTerritories_prelim_and_final_ffd doc
#SD-13-24
The applicant has submitted a landscape plan showing thirty-two trees and forty-two shrubs and a total cost
of $17,989. The required landscape value expenditure is $17,850 based on a total building cost of
$1,035,000. This requirement is being met.
The proposed parking areas contain more than twenty-eight (28) parking spaces, and therefore should be
landscaped in accordance with Section 13.06(B) of the Land Development Regulations.
Based upon a total pavement area of 17,361 SF, 1,736 SF of landscaped islands are required. The applicant
is proposing 1,771 SF of landscaping distributed among four islands.
The Board finds that these requirements are met.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more
than 30' above ground level and the maximum illumination at ground level shall not exceed an average
of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect
glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an
average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
The applicant has submitted a lighting point by point plan and lighting cut -sheets.
This requirement is being met.
Other
The plans show all ground mounted HVAC units, generators, and utility cabinets.
Department of Public Works Comments, stormwater: provided to staff on September 11, 2013:
1 reviewed the plans for the proposed Northeast Territories, Inc. project located at 66 Bowdoin Street and
developed by Civil Engineering Associates, dated January 2013 and last updated on 719113. I would like
to offer the following review comments:
1. If the project will disturb greater than 1 acre of land it will require a construction stormwater
permit (3-9020 or individual permit) from the State of Vermont DEC Stormwater Division.
2. If the project will create greater than 1 acre of impervious area it will require a stormwater
permit (3-9015 or individual permit) from the State of Vermont DEC Stormwater Division. Also,
this lot maybe covered under an existing State issued stormwater permit (1-1269). If so, this
permit will contain requirements related to management of stormwater runoff.
3. The applicant should provide more information on the pond outlet structure.
4. Will the drainage infrastructure under Bowdoin street and downstream to Potash Brook be
able to convey additional runoff from the site during the 25-year, 24-hour storm event without
surcharging? Provide information (modeling, etc.) as necessary to show that it will.
7
S D_ 13_24_66 B owd o i n S t_N o rth e a s tT e r r it o r i e s_ p re l i m _a n d_f i n a I_ffd . d o c
C
#SD-13-24
5. The EPSC plan (sheet C3.0) should contain a stabilized construction entrance, or the applicant
should make clear how trucks will be prevented from tracking sediment off site during
construction.
6. What type of inlet protection will be utilized on the EPSC plan? Provide detail.
7. A detail for an emergency spillway is included on sheet C4.1, but no emergency spillway is
included in the stormwater treatment area. Is this missing? Where does water flow during large
storm events or if the pond outlet structure/pipe fails?
8. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance structures on -site.
9. The final decision should require that final hydrologic modeling be submitted to the
Department of Public Works so that this information can be included in the City's watershed
model for Potash Brook.
The applicant addressed the Department's comments via an email on September 17, 2013 as follows:
We have received your comments concerning the proposed Northeast Territories, Inc. project located at
66 Bowdoin Street. We offer the following responses to your request for supplemental information.
If the project will disturb greater than 1 acre of land it will require a construction stormwater
permit (3-9020 or individual permit) from the State of Vermont DEC Stormwater Division. Yes, this will
require that authorization for coverage under the State's General Permit for Construction Stormwater
Runoff be acquired prior to initiation of construction.
2. If the project will create greater than 1 acre of impervious area it will require a stormwater
permit (3-9015 or individual permit) from the State of Vermont DEC Stormwater Division. Also, this lot
may be covered under an existing State issued stormwater permit (1-1269). If so, this permit will contain
requirements related to management of stormwater runoff. This parcel as part of the Meadowland
Business Park is subject to an existing Stormwater Permit issued by the State of Vermont. The
conditions of approval of this permit require that this parcel provide treatment of the stormwater
runoff and to limit peak flow runoff to no more than 2.3 CFS for 2-year design storm. This project
provides full treatment in compliance with the State Stormwater Manual and limits runoff to 2.0 CFS
for the 2-year storm event.
3. The applicant should provide more information on the pond outlet structure. Please find
attached a typical detail for the stormwater pond outlet structure. This is the same structure
previously approved for use on the Super -Temp Wire & Cable project immediately to the north.
4. Will the drainage infrastructure under Bowdoin street and downstream to Potash Brook be able
to convey additional runoff from the site during the 25-year, 24-hour storm event without surcharging?
Provide information (modeling, etc.) as necessary to show that it will. This infrastructure was never
intended to covey that level of peak flow. The key is to ensure that the building and area drains do
not backwater in a manner that impacts this or adjacent properties. All of the sites on the east side of
the roadway sit well above the existing road and are not subject to any backwater issues.
SD-1 3-24-66B o wd o i n S t_ N o rt h e a stT e r r it o r i e s_ p re l i m _and _f i n a I_ffd . d o c
#SD-13-24
5. The EPSC plan (sheet C3.0) should contain a stabilized construction entrance, or the applicant
should make clear how trucks will be prevented from tracking sediment off site during construction.
Item 3 of the narrative on Sheet C3.2 calls for the installation of a construction entrance. Sheet C3.0
will be modified to show the construction entrance.
6. What type of inlet protection will be utilized on the EPSC plan? Provide detail. Inlet protection
will be comprised of either an excavated sump around the CB (for contributory areas of Greater 10,000
SF) or filter fabric inlaid under the grate. These details will be added to the plans.
7. A detail for an emergency spillway is included on sheet C4.1, but no emergency spillway is
included in the stormwater treatment area. Is this missing? Where does water flow during large storm
events or if the pond outlet structure/pipe fails? As this is an excavated pond, the overflow will leave
the pond at the low point of the shoulder of the road. The shoulder is sloped at 2% so a formal
emergency overflow is not required nor shown on the site plan. Stormwater will flow to the getter
line of the street as this is the nearest low elevation feature.
8. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance structures on -site. No issue.
9. The final decision should require that final hydrologic modeling be submitted to the Department
of Public Works so that this information can be included in the City's watershed model for Potash Brook.
No issue
The Public Works Department has indicated that they are satisfied with the applicant's response but
asked that the following condition be added:
The stormwater runoff from the Northeast Territories facility shall be directed to the existing "clean
water" ditch (which runs south to north between the proposed stormwater treatment area and the
proposed buildings) as a means of eliminating impacts on the existing 18" stormwater conveyance
piping on Bowdoin Street. The Public Works Department shall have the opportunity to review and
approve the final plans prior to issuance of a zoning permit.
This criterion is met.
DECISION
Motion by Tim Barritt, seconded by Bill Miller, to approve preliminary and final plat application #SD-13-
24 of Northeast Territories, Inc. subject to the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. This project shall be completed as shown on the plan and shall be on file in the South Burlington
Department of Planning and Zoning.
(J
SD-1 3-24-66B owd o i n S t_ N o rth e a s tT e r r it o n e s_p re l i m _and _f i n a I_ffd . d o c
#SD-13-24
Prior to permit issuance, the applicant shall post a $17,850 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
4. The recommendations of the Fire Chief in his letter of 9/9/13 must be met to his satisfaction prior to
issuance of a Certificate of Occupancy.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
6. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Development Review Board estimates that the new building will generate 29 additional vehicle
trip ends during the P.M. peak hour.
7. All lighting shall consist of shielded downcasting fixtures.
8. The applicant shall obtain final wastewater 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 plan shall meet the standards
set forth in Section 16.04 of the South Burlington Land Development Regulations.
10. 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.
11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the facility.
12. The stormwater runoff from the Northeast Territories facility shall be directed to the existing "clean
water" ditch (which runs south to north between the proposed stormwater treatment area and the
proposed buildings) as a means of eliminating impacts on the existing 18" stormwater conveyance
piping on Bowdoin Street. The Public Works Department shall have the opportunity to review and
approve the final plans prior to issuance of a zoning permit.
13. The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site.
14. The final plat plan (sheet C2.0) 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.
15. Any change to the final plat plan shall be approved by the Development Review Board.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons
yea
nay
abstain
not present
10
S D_ 13_24_66 B o wd o i n S t_ N o rt h e a s tTe r r i to r i e s_p re l i m_a n d _final _ffd . d o c
#SD-13-24
Michael Sirotkin — yea nay abstain not Present
Jennifer Smith — yea nay abstain not present
Motion carried by a vote of 4 — 0 — 0
Signed this 2ZLday of aftr 2013, by
Art Klugo, Vice Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontiudiciary.oriz/GTC/environmental/default.asp for more information on filing
requirements, deadlines, fees and mailing address.
SD_13 24 66BowdoinSt NortheastTerritories�-preiim_and_finai_ffd.doc