HomeMy WebLinkAboutSP-14-60 - Decision - 0088 Technology Park Way#SP-14-60
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK CAMPUS, LLC — 88 TECHNOLOGY PARK WAY
SITE PLAN APPLICATION #SP-14-60
FINDINGS OF FACT AND DECISION
Technology Park Campus, LLC, hereafter referred to as the applicant, is requesting site plan review to
construct a 3-story 54,459 sq. ft. general office building, 88 Technology Park Way.
The Development Review Board held a public hearing on Tuesday, December 16, 2014, January 20,
2015, and February 3, 2015. Evan Langfeldt 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:
NDINGS OF FACT
1. Technology Park Campus, LLC, the applicant, is requesting site plan review to construct a 3-story
54,459 sq. ft. general office building, 88 Technology Park Way.
2. The owner of record of the subject property is Technology Park Campus, LLC.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District.
4. The plans submitted consist of a twenty-one (21) page set of plans, page one (1) entitled, "88
Technology Park Way Technology Park — Lot 3 South Burlington, Vermont Drawing lnde)�',
prepared by Trudell Consulting Engineers, and last revised on 10/30/14.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
IC Zoning District
Required/Limit 11
Existing
Proposed
Min. Lot Size
40,000 SF
3.9 acres
Max. Building Coverage
40%
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10.47%
Max. Overall Coverage
70%
8.94%
57.44%
Min. Front Setback
(Kimball Avenue)
50 ft.
65 ft.
4 Max Front Yard Coverage
(Kimball Ave.)
30%
17.26%
17.26%
Min. Side Setback
10 ft.
17.5 ft.
Min. Rear Setback
30 ft.
45 ft.
+ Maximum Building
Height
35 ft (flat roof)
50 ft
� zoning compliance + Waiver Required
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The applicant is proposing a building height of 50 feet in height and therefore a waiver is required.
Given the relative location of the building and the subject parcel, the presence of a similar 50 ft. building on
Lot 2 and an increase in the minimum front and rear setbacks pursuant to Section 3.07.D.2.a, the Board has
no concerns regarding the proposed height and supports grant of a 15 foot height waiver. The Board finds
that the additional height does not affect the view from Kimball Ave.
The Board finds that the requested height waiver, which mirrors the building to the west, is acceptable.
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:
B. (1) 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.
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 appropriately located on the plans.
Pursuant to Section 13.01(B) of the Land Development Regulations, the proposed 54,459 square feet of
general office use will require 191 parking spaces, including 6 handicapped -accessible parking spaces. The
plans depict 194 parking spaces, including 8 handicapped -accessible.
This criterion is met.
(2) 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).........
(ii)..........
(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) ..............
(v)......
(vi) The lot is located within the Mixed Industrial -Commercial Zoning District and meets
the following criteria:
a. The lot is located in an approved subdivision where the parking on each lot in
the subdivision is proposed to be located between the building or buildings on each lot
and the public street so that a significant greenspace surrounded by buildings may be
incorporated similar to a college campus style "quad". as detailed below.
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b. The parking on any lots that include a part of the greenspace shall be aligned
in a similar fashion so that the buildings are located between the greenspace and the
parking and so that the parking is located between the buildings and the public street
to maintain the integrity and continuity of the greenspace. Prior to gaining approval
from the Development Review Board, the applicant for each lot is required to provide
a written agreement, such as a shared parking, greenspace and use agreement, from
each lot owner in the approved subdivision whose lot will include a portion of the
greenspace that provides that each lot owner will comply with this general parking,
building and greenspace alignment, layout and design in the future development of
each of their lots.
C. The minimum required total area of the greenspace shall be 150,000 square
feet. For purposes of this subsection 14.06(B) (2)(b)(vi), "greenspace" shall be defined
as a consolidated and continuous landscaped area located across more than two lots
in the approved subdivision, similar in nature to a common open space, largely
surrounded by buildings, but shall not include building or impervious parking areas.
The greenspace may extend between buildings, but shall not extend beyond the
building line of the principal building on each lot that includes a portion of the
greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees,
plantings, wetlands, and gardens, and may include impervious landscape features,
such as path networks, sculptures, gazebos, water features, footbridges, sitting areas,
stone walls, and other features and amenities that may be built within and throughout
the greenspace in order to create a more attractive and enjoyable environment. The
area of the greenspace shall be calculated by measuring and adding the portion of the
total greenspace defined on the site plan for each lot in the approved subdivision that
includes a portion of the greenspace.
d. Any parking located between a proposed building and a public street shall
include landscape screening at least three (3) feet in height above the grade of the
adjacent public street, except as necessary to maintain adequate sight distances.
The Board finds that the site in question has a large number of existing unique site conditions. They include:
• The presence of a 100-foot wide utility easement along the front of the property adjacent to
Kimball Ave, which allow for parking, but no principal structures;
• The presence of a 25-wide New England Telephone & Telegraph utility easement roughly parallel
and to the south of the power utility easement
• The presence of a 60-foot access and utility easement (Technology Park Way) through the center of
the property parallel to Kimball Ave;
In addition, access to the building to the west (124 Technology Park Way) was specifically laid out to provide
safe and predictable vehicular and utility access for both 124 and 88 (the subject lot).
The Board finds that a building placed between these easements would result in splitting the parking both
to the front and rear of the building, and to both sides of a private road. Altogether, this would present an
awkward, inefficient, and potentially unsafe condition.
Finally, the Board finds that the proposed layout would not preclude the applicant's long-standing concept
for an open space "quad".
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The Board finds that the criterion (iii) above for unique site conditions is met.
B. (3) 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 height of the proposed building is 50', which is over the 35' maximum height for flat roofs for the City.
Therefore, the applicant is requesting a 15 foot height waiver. The applicant has submitted a preliminary
rendering of the building.
See notes above. In addition, the Board notes that the adjacent building and the building at 55 Community
Drive were approved as 3-story buildings.
B. (4) 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 plans submitted detail that this criterion is met.
C. (1) 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.
C. (2) 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 sufficient building elevations. The proposed building will be similar to the
existing buildings in the subdivision and be a mirror image of the existing office building located
immediately to the west on Lot 2. The applicant has also proposed extensive landscaping similar to that
previously planted in the subdivision.
The Board finds that these two criteria are met.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
14.07 Specific Review Standards
A. Access to Abutting Properties. 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 applicant has submitted plans detailing the various easements on the property. This shows an access
easement across the subject lot to provide access to the adjacent lot to the west. This criterion is met.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
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installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
The applicant has submitted plans detailing the required information. This criterion is met.
C. Disposal of Wastes. 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). Small receptacles
intended for use by households or the public fie, non-dumpster, non -large drum) shall not be required
to be fenced or screened.
The plans depict a proposed enclosed dumpster area at the east side of the building. This criterion is met
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations. The costs of street trees are above and beyond this minimum landscape requirement.
A landscape plan and plant list has been submitted. The total construction cost for the building is
$5,239,132. The minimum landscaping requirement is $59,891 and $86,594 of plantings is proposed. This
requirement is being met.
The City Arborist provided the following comments to staff in an email dated December 1, 2014.
• Parking lot islands should be filled with loam orsandy loam to a minimum depth of 2.5 feet to
provide adequate soil volume to support tree growth
• The 15 Pin Oaks that are proposed to be transplanted were part of landscaping requirement for a
previous plan and may not fully qualify towards the required landscape budget (consult w/Planning
and Zoning)
The Board notes that the applicant is not claiming the value of the 15 Pin Oaks towards the minimum
landscaping requirement.
The Board finds that the applicant shall comply with the City Arborist's comments.
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
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and lighting cut sheets which are appropriate and meet the guidelines of the South Burlington Land
Development Regulations. The average foot-candle in the parking lot area is 1.7 Fc. This criterion is met.
Other — Traffic
The Board previously approved 703.47 vehicle trip ends (VTEs) for the three (3) existing buildings. Sub -
allocations comprising this total are: 30 Community Drive = 404.17 VTEs, 55 Community Drive = 159.5
VTEs and 139.8 VTEs for 124 Technology Park Way. The proposed 54,459 square feet of general office
space is estimated to generate 140 VTEs for a proposed new traffic generation for the property of
843.47 VTEs.
The Board hereby approves a total of 843.47 VTEs for the property.
The applicant shall pay for the increased trip ends, minus any credits determined by the South
Burlington Impact Fee Ordinance.
In addition, the applicant submitted a Traffic Study on January 14, 2015. The study has been reviewed by
the Director of Public Works, who made the following comments in an email dated January 15, 2015:
From: Justin Rabidoux
Sent: Thursday, January 15, 2015 2:49 PM
To: Paul Conner
Cc: Evan Longfeldt; Abby A. Dery, P.E.; Dan Albrecht
Subject: 88 Tech Park Way - Traffic Study
Paul,
I have reviewed the traffic study for the proposed 54,459 square foot office building at 88 Technology
Park Way, prepared on 1114115 by Trudell Consulting Engineers on behalf of the applicant, Technology
Park Campus, LLC, and have the below comments to offer.
1. Growth Factor: 1 agree with the study's use of no traffic growth factor for background traffic in
the build year when projecting past year's data forward into the study. In fact, recent work
conducted by the City elsewhere has shown average annual daily traffic reductions, so using a
zero growth factor is a proper, conservative way to best forecast this project's traffic impacts.
2. Project Generated Traffic: I agree with the study's methodology of using the existing, identical
building to the west to arrive at a trip generation amount of 77 cars in the PM peak hour. This
represents a more accurate measurement when compared to using the ITE Trip Generation
Manual since the office building located at 124 Technology Park Way is a direct analog to the
proposed use. The Manual, while appropriate to use in many cases when better alternatives are
not available, gathers data from around the country and groups that data into sets of wide
ranges with unknown variables.
3. Level of Service: When the City installed the referenced four-way stop sign at Kimball Avenue
and Community Way a few years ago it was done in direct response to valid safety concerns. In
doing so, it was a reasonable expectation that the new stop signs would result in mainline
(Kimball Avenue) delays, since the prior condition was mainline free flow. Accordingly, as 1 was
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then, I remain comfortable today with the intersection's congestion and its level of service, which
this project is estimated to lower from a D to an E. Ultimately, in the future the City will have to
consider its transportation network in the greater Community Drive area (and possible
connections to the Tilley Drive/Hinesburg Road area) if its build out continues and at that time
plan for necessary traffic flow improvements. These improvements could be traffic signals, dual
traffic circles at both Community Drive intersections, consideration of one-way street system,
parallel service roads, etc.
4. Conclusion: I support the study's conclusion that this project's traffic will "negligibly impact the
area's traffic operations" and find further that this project will not result in undue, adverse
impacts on South Burlington's transportation network.
Please let me know if you have any questions.
Regards,
Justin Rabidoux
Director of Public Works/City Engineer
City of South Burlington
The Board accepts the findings of the applicant's traffic study submitted on January 14, 2015.
Other — Fire Safety
The Deputy Fire Chief provided comments to staff via email on December 1, 2014 as follows:
88 Technology Park: Requires sprinkler protection, Class 3 standpipe in egress stair tower, fire alarm
system include CO detection and a stretcher compliant elevator ( current plan shows an undersized car).
FDC must be located within 100' of a hydrant ( hydrants not shown on submittals)
The Board finds that the applicant shall comply with the Fire Department's comments.
Other — Public Works/Storm water
The Department of Public Works provided comments to staff via email on December 2, 2014 as follows:
From: Tom Dipietro
Sent: Monday, December 01, 2014 3:28 PM
To: Justin Rabidoux
Subject: DRB Site Plan Review: 88 Technology Park Way Lot 3
Justin,
1 reviewed the plans for 88 Technology Park Way that were prepared by Trudell Consulting Engineers
and last revised on 10130114. 1 would like to offer the following comments:
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The project proposes to disturb greater than 1 acre of land and create greater than 1 acre of
impervious area. Therefore, it will need construction (3-9020) and operational (3-9015) stormwater
permits from the State of Vermont Department of Environmental Conservation.
The applicant should provide information on the existing State permit coverage for this project
(permit number 1-1458) and how it will be updated/amended to facilitate this project.
The applicant proposes to make changes to the extended detention wetland outlet located on lot 2.
Provide updated hydrologic model information related to the detention wetland and its
treatment/detention of runoff from lots 2 and 3.
The DRB should confirm that the applicant has permission to make changes on adjacent lots (e.g.
changes to wetland outlet, snow storage area shown crossing the lot boundary, and landscaping berm).
My review assumes that these lots are also owned by Technology Park LLC, or that agreements are in
place.
The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance structures on site.
Thank you for the opportunity to comment.
Thomas J. DiPietro Jr.
Deputy Director
Department of Public Works
The Board confirms that the applicant has permission, either via ownership or via agreements, to make
changes on adjacent lots (e.g. changes to wetland outlet, snow storage area shown crossing the lot
boundary, and landscaping berm).
The Board finds that the applicant shall comply with the recommendations of the Department of Public
Works.
DECISION
Motion by (L M 14 seconded by O A44/dAo approve Site Plan Application #SP-
14-60 of Technology Campus, LLC, subject to the following conditions:
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.
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a. The plans shall be revised to comply with the comments of the City of South Burlington
Department of Public Works per the email dated December 1, 2014.
b. The plans shall be revised to comply with the comments of the City Arborist per the
memo dated December 1, 2014.
4. The Board grants a building height waiver of fifteen (15) feet for a maximum height of 50 feet.
5. The applicant shall obtain final wastewater allocation approval prior to the issuance of any zoning
permits.
6. The applicant shall comply with the comments of the City of South Burlington Fire Department per
the email dated December 1, 2014.
7. Prior to permit issuance, the applicant shall provide information on the existing State permit
coverage for this project (permit number 1-1458) and how it will be updated/amended to facilitate
this project.
8. Prior to permit issuance, the applicant shall provide updated hydrologic model information related
to the detention wetland and its treatment/detention of runoff from lots 2 and 3.
9. The applicant shall regularly maintain all stormwater treatment and conveyance structures on site.
10. 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 should meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The
South Burlington Stormwater Superintendent shall visit the site as construction progresses to
ensure compliance with this criterion.
11. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,
the Development Review Board estimates that the proposed building will generate a total of 140
additional vtes.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications should be underground.
13. Prior to zoning permit issuance for construction of the building, the applicant shall post a $59,891
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.
14. The Board allows parking to be placed in the front of the building as shown on the plan as the lot
has unique site conditions pursuant to Section 14.06 B.(2)(3) and finds that the proposed layout
would not preclude the applicant's long-standing concept for a "quad".
15. 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.
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16. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the
occupancy of the new building.
17. Any change to the site plan shall require approval of the South Burlington Development Review
Board or the Administrative Officer.
Tim Barritt
Ye Nay
Abstain
Not Present
Mark Behr
Yea Nay
Abstain
Not Presen
Brian Breslend
OTaD Nay
Abstain
Not Present
Bill Miller
Nay
Abstain
Not Present
David Parsons
Nay
Abstain
Not Present
Jennifer Smith
Ye Nay
Abstain
Not Present
John Wilking
e Nay
Abstain
Not Present
6
Motion carried by a vote of $— 0 — 0.
fk
Signed this 17 ay of / ' �R✓G� 2015, by
Tim Barritt, C air
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).
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