HomeMy WebLinkAboutSP-07-44 - Decision - 0085 Swift Street#SP-07-44
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
VERMONT GAS SYSTEMS — 85 SWIFT STREET
SITE PLAN APPLICATION #SP-07-44
FINDINGS OF FACT AND DECISION
Vermont Gas Systems, hereafter referred to as the applicant, is requesting site plan
approval to amend a previously approved plan for a 16,665 sq. ft. general office building.
The amendment consists of constructing two (2) new parking areas, 85 Swift Street,
The Development Review Board held a public hearing on Tuesday, July 10, 2007.
James Mullowney 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 requesting site plan approval to amend a previously approved
plan for a 16,665 sq. ft. general office building. The amendment consists of
constructing two (2) new parking areas, 85 Swift Street.
2. The owner of record of the subject property is Vermont Gas Systems.
3. The subject property is located in the Swift Street Zoning District.
4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled,
"Existing Overall Site Plan", prepared by Civil Engineering Associates, Inc., dated
Dec., 2006.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
Swift St Zoning District
Required
Proposed
�l Min. Lot Size
20,000 SF
4.2 acres
�l Max. Building Coverage
40%
9.1 %
Max. Overall Coverage
70%
49.3%
Min. Front Setback
30 ft.
>30 ft.
Min. Side Setback
10 ft.
>10 ft.
# Min. Rear Setback
65 ft.
>65 ft.
zoning compliance
# minimum setback for non residential use from residential district is
65 feet.
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PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations
(SBLDR), PUDs 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(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed additional dwelling units.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or
provide a community wastewater system that is approved by the City and the State in any
subdivision where off -lot wastewater is proposed. The developer is required to provide
such pumping and other facilities as may be necessary.
There are no changes to the building or anticipated needs for water or sewer; the plans do
not warrant review by the South Burlington Water Department.
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 plan.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this development is not proposed to change.
The new parking areas are proposed in the north and western edges of the parking lot. The
Board does not anticipate any problems with circulation. Aisle widths are appropriate.
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 southern proposed parking area does infringe into the Class III wetland buffer
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.
There is no proposed change in use on the property with respect to this application.
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.
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The above -mentioned criterion is adequately met through this proposal. The southwestern
portion of the property remains open.
Furthermore, the plans show a 65 foot open -space buffer to remain between the residential
and commercial zoning districts.
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 stated that there is no need to review the plans with
respect to this application.
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.
No new utility lines, services, and service modifications are proposed.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
No new lighting is proposed or considered as part of this application.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed PUD is consistent with the South Burlington Comprehensive Plan as per the
comments above relating to the purpose of the SW Zoning District.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06 establishes the following general
review standards for all site clan apolications:
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 proposed PUD accomplishes a desirable transition from structure to site and from
structure to structure.
In accordance with Section 13.02(G)(5) of the South Burlington Land Development
Regulations, a bicycle parking or storage facility shall be provided. The Development
Review Board has the authority to require one for each building. A bicycle rack is depicted
on the plans to the eastern side of the building.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The applicant is proposing six (6) new spaces to be located in the front of the building,
approximately 30 feet from the road.
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.
There are no proposed changes to the existing building
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has already been indicated that any newly installed utility lines, services, or 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.
There are no proposed changes to the existing 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 South Burlington 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.
There are no opportunities to provide access to abutting properties or to reduce curb cuts
as part of this proposal.
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.
It has already been indicated that any newly installed utility lines, services, or 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
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#S P-07-44
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
The plans do not show any solid waste facilities. The applicant shall either show the
location of a screened dumpster on the site, or shall indicate that trash is to be maintained
indoors.
Landscaping
The applicant has submitted a proposal for several new shrubs. The City Arborist has
reviewed the plans and provided comments:
I would suggest that they forego planting rhododendrons around the parking lot. Some
trees would be more appropriate as the rhodies will most likely be damaged when the lots are
plowed in the winter
Other
The Board notices that snow removal areas have been added to the plans since the last
approval. Two of those areas are within Class III wetland buffers. The board recommends
that these be moved elsewhere on the site. The amount of salt and silt which accumulates
after a snowmelt is too much for the wetland buffer. This standard has been supported by a
third -party wetlands expert.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Site Plan Application
#SP-07-44 of Vermont Gas Systems, subject to the following conditions:
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 plans 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 permit issuance.
a) The plans shall be revised to comply with the requests of the City Arborist.
b) The plans shall be revised to show the location of the snow storage areas
outside of the wetland buffer areas.
c) The plans shall be revised to either show the location of a screened dumpster
storage area or indicate that trash is to be maintained indoors.
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d) The plans shall be revised to show existing stormwater runoff mitigation
measures.
4) The applicant shall adhere to the comments of the City Arborist.
5) 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.
6) The Board approves the proposed parking area infringing into the Class III wetland
buffer.
7) The Board approves of the six parking spaces in the front yard.
8) 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.
9) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new parking areas.
10) Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
11) The applicant shall consult with the Stormwater Superintendent and seek mitigation
for the new encroachment into the wetland buffer.
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 6-0-0.
Signed this F= day of 2007, by
r ot.
John Dinklage, 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.
#S P-07-44
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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