HomeMy WebLinkAboutSD-07-39 SD-07-40 - Decision - 0104 Bowdoin Streeti(
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
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SUPER -TEMP WIRE & CABLE -104 BOWDOIN STREET
PRELIMINARY PLAT APPLICATION #SD-07-39
FINAL PLAT APPLICATION #SD-07-40
FINDINGS OF FACT AND DECISION
Super -Temp Wire & Cable, hereafter referred to as the applicant, is seeking preliminary
and final plat plan review for a planned unit development consisting of a 35,000 sq. ft.
manufacturing facility to be constructed in two phases, phase 1 consisting of 30,000 sq.
ft. and phase II consisting of 5,000 sq. ft., 104 Bowdoin Street. The Development
Review Board held a public hearing on Tuesday, July 24, 2007. David Marshall
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking preliminary and final plat plan review for a planned unit
development consisting of a 35,000 sq. ft. manufacturing facility to be
constructed in two phases, phase 1 consisting of 30,000 sq. ft. and phase II
consisting of 5,000 sq. ft., 104 Bowdoin Street.
2. is seeking preliminary and final plat plan review for a planned unit development
consisting of a 35,000 sq. ft. manufacturing facility to be constructed in two
phases, phase 1 consisting of 30,000 sq. ft. and phase II consisting of 5,000 sq.
ft., 104 Bowdoin Street.
3. The subject property is located in the Industrial & Open Space (10) Zoning
District.
4. The owner of record of the subject property is Summer Ice Joint Venture, LLC.
5. The plans submitted consists of a 24 page set of plans, page one (1) entitled,
"Meadowland Industrial Park Hinesburg Road So. Burlington Vermont
Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated May
2001.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
IQ Zoning District
Required
Proposed
Min. Lot Size
3 acres
3.29 acres
�I Max. Density
n/a
n/a
Max. Building Coverage
30%
24.7%
�l Max. Overall Coverage
50%
49.93%
�1 Min. Front Setback
50 ft.
180 ft.
�l Min. Side Setback
35 ft.
35 ft.
�l Min. Rear Setback
50 ft.
50 ft.
** Max. Building Height
35 ft.
30 ft/ 40 ft**
Front Yard Coverage
30%
11.1 %
zoning compliance
n/a no residential units proposed
** The proposed height of the flat roof building reaches 40 feet at its highest point.
Therefore the applicant is requesting a waiver of 5 feet. The Board supports this waiver so
long as it does not interfere with the goals of the Airport Approach Cone. The applicant has
submitted a request to the FAA/Burlington International Airport to address this issue.
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.
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 a grading and erosion control plans which will sufficiently
prevent soil erosion and runoff from creating adverse conditions on the subject property
and adjacent properties.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this property is proposed via a 25' drive from Bowdoin Street. This exceeds the
minimum requirement for an entry drive and is therefore in compliance.
The Board does not foresee any issues with this proposal that will create unreasonable
congestion of adjacent roads.
The applicant is proposing a teardrop cul-de-sac on Bowdoin Street to extend to the north
of the proposed access drive. The applicant has submitted a revised survey plat to show
the revised property lines for the temporary cul-de-sac and should submit new legal
documents for the street acceptance.
According to the ITE Trip Generation Manual, 7th Edition, the 35,000 square feet of
manufacturing is estimated to generate 25.90 P.M. peak hour tip ends. Condition #3c of the
September 10, 1996 subdivision approval for the business park required that "prior to site
plan approval for each lot, the signal warrant analysis shall be updated. When the signal is
shown to be warranted at Rte 116/Swift Street Extension, applicant shall install signal at
specifications approved by the City." (Swift Street Extension is now known as Meadowland
Drive).
The 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 appear to contain any wetlands.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
According to Section 6.04(A) of the Land Development Regulations, the Industrial -Open
Space lO 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 lO District regulations and standards are
intended to allow high -quality planned developments that preserve the generally open
character of the district, minimize impacts on natural resources and water quality, and
enhance the visual quality of approaches to the City while providing suitable locations for
employment and business growth. The location and architectural design of buildings in a
manner that preserves these qualities is strongly encouraged.
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The proposed project is in compliance with the stated purpose of the 10 District, as outlined
in the Land Development Regulations.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
There are significant portions of open space running along the southern portions of the
property, so the Board feels this requirement is met.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has reviewed the plans and provided in a memo dated
May 31, 2006.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
The subject property contains a 20' wide recreation path easement which straddles the
northern property boundary. The Recreation Path Committee reviewed this easement at a
meeting on May 1, 2006. They have not requested any additional stipulations.
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 has been submitted for this proposal,
and meets the requirements in Appendices A.9 and A.10 of the Land Development
Regulations. In addition, the applicant has submitted exterior lighting details (cut -sheets) for
the proposed lighting on the subject parcel. The proposed lighting fixtures are in
compliance with Appendix D of the Land Development Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
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SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 establishes the following general review standards
for all site plan applications:
The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
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
35,000 square feet of manufacturing will require 18 spaces plus one space for each
employee. The applicant has stated that there will be as many as 18 employees on the
largest shift, for a total of 36 required parking spaces. The plans depict 27 parking spaces.
As depicted, this would require a parking waiver of 25 percent, the amount allowed in
accordance with the South Burlington Land Development Regulations. The Board supports
this waiver as there will still be nine (9) spaces on the largest shift not being used by
employees.
According to Table 13-7 of the Land Development Regulations, a property with 26-50
parking spaces requires two (2) handicapped -accessible parking spaces. The plans depict
two handicapped -accessible spaces.
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 depicted on the grading and
drainage plan.
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 side of the building. Eight 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 a preliminary sketch of the building. However, because the
applicant is requesting a height waiver, the applicant has submitted an elevation showing
height from pre -construction grade to the various heights of the roof.
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The proposed project is located in a business park in an area where industrial uses exists,
so the Board feels 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.
The applicant has submitted elevations of the proposed building.
Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
The applicant has submitted elevations of the proposed building.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the Land Development
Regulations:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
Because the project is in a large lot, industrial area, access to adjacent properties is 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).
A screened dumpster is shown on the grading and drainage plan
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Landscaping and Screening Requirements
Based on the cost projections the applicant has submitted for this property, the minimum
landscaping budget shall be $27,500. The budget presented by the applicant exceeds
this amount.
The applicant has also submitted landscaping plans for the property which have been
reviewed by the South Burlington City Arborist. His comments are in a letter dated May 19,
2006.
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.
Snow storage areas are shown on the grading and drainage plan.
View Protection Zone
The subject property is located within the Hinesburg Road -North Scenic View Protection
Overlay District and thus subject to Section 10.03(H) of the South Burlington Land
Development Regulations. Specifically, no part of any structure within the zone shall
exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet
that said part of said structure is horizontally distant from the Hinesburg Road -North
View Protection Zone Base Line shown on the Scenic View Protections Overlay District
Map.
Based on the location of this building and its distance from the Base Line, the maximum
allowable elevation based on the information above is 413.5 feet above sea level. The
applicant has submitted building elevations as part of the preliminary plat application that
clearly shows that the building will not exceed 400.1 feet above sea level. Therefore the
proposed building is in compliance with the South Burlington Land Development
Regulations.
Other
The South Burlington Director of Public works reviewed the previously submitted plans
and provided comments in a memorandum dated June 2, 2006.
DECISION
Motion by 64 UIR& seconded by b"C'
to approve Preliminary Plat Appli ation #SD-07-39 and Final Plat Application # D-07-40
of Super -Temp Wire & Cable 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 completed as shown on the plat submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording.
a) The plans shall be revised to reflect the changes suggested by the City Arborist as
outlined in a letter dated May 19, 2006..
4) The applicant shall adhere to the comments of the South Burlington Water Department
as included in a letter from Jay Nadeau dated July 6, 2007.
5) The applicant shall adhere to the stipulations of the Fire Chief as per his memo dated
May 31, 2006.
6) The applicant shall adhere to the comments of the South Burlington Director of
Public Works as per his memo of June 2, 2006.
7) The applicant shall obtain sewer allocation prior to issuance of a zoning permit
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 applicant shall submit legal documents for approval by the City Attorney for the
temporary cul-de-sac on Bowdoin Street. These documents shall be recorded prior to
permit issuance.
10) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
11) The applicant shall post a $27,500 landscaping bond prior to permit issuance. The
landscaping 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.
12) 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 a
total of 25.90 vehicle trip ends during the p.m. peak hour.
13) Prior to issuance of the zoning permit, the applicant shall submit an updated signal
warrant analysis for the Route 116/Meadowland Dr. intersection. If a signal is
warranted, the applicant shall install the signal prior to the issuance of the Certificate of
Occupancy.
14) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
15) The Board grants a parking waiver of twenty-five (25) percent for a total of 27 spaces. .
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16) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
17) The mylar shall be recorded prior to permit issuance.
18) 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.
Mark Behr — yea/nay/abstain'
ea/nay/abstain of resen
Matthew BirminSeInay/abstain/not
m — yea/nay/abstain of presen
John Dinklage /nay/abstain/not Dr
Roger Farley — present
Eric Knudsen — yea/nay/abstain of presen
Peter Plumeau — e nay/abstain/no present
Gayle Quimby — e ay/abstain/not present
Motion carried by a vote of L - D - D
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Signed this day of 2007, by
John Dinklbge, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).