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HomeMy WebLinkAboutSP-08-101 - Decision - 0124 Technology Park Way#S P-08-101 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TECHNOLOGY PARK ASSOCIATES, INC. — 124 TECHNOLOGY PARK WAY SITE PLAN APPLICATION #SP-08-101 FINDINGS OF FACT AND DECISION Technology Park Way, LLC, hereafter referred to as the applicant, is requesting site plan review to amend a previously approved plan for a 54,459 sq. ft. general office building. The amendment consists of expanding the dumpster storage area and associated maneuvering space, 124 Technology Park Way. The Development Review Board held a public hearing on Tuesday, November 18, 2008. Bob Gallo 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 review to amend a previously approved plan for a 54,459 sq. ft. general office building. The amendment consists of expanding the dumpster storage area and associated maneuvering space, 124 Technology Park Way. 2. The owner of record of the subject property is 124 Technology Park Way, LLC. 3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District. 4. The application for this project was received on October 20, 2008. 5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Technology Park South Burlington, VT Lot 2", prepared by Trudell Consulting Engineers, dated 9/7/07, last revised on 10/15/08. - 1 - #SP-08-101 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements IC Zoning District Required/Limit Proposed Min. Lot Size 40,000 SF 5.0 acres Max. Building Coverage 40% 8.3% Max. Overall Coverage 70% 42% Min. Front Setback 30 ft. Approx 400 ft Max Front Yard Coverage 30% 16.3% Min. Side Setback 10 ft. 25 ft �l Min. Rear Setback 30 ft. Approx 55 ft 4 Maximum Building Height 35 ft (flat roof) 50 ft 4 Waiver Required The Board previously granted a height waiver of 15 feet. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations subdivisions should 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 should be extended so as to provide the necessary quantity of water, at acceptable pressure. The South Burlington Water Department Superintendent has reviewed the previous set of site plans. His conditions were met prior to issuance of the zoning permit for the building. The new proposed changes do not affect those comments or the site's compliance with those comments. The Water Department has stated that they are comfortable with these plans and recommend no additional changes so far as the water lines are concerned. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer should 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 previous set of site plans. His conditions were met prior to issuance of the zoning permit for the building. The new proposed changes do not affect those comments or the site's compliance with those comments. He has stated that he is comfortable with these plans and recommends no additional changes. -2- #SP-08-101 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 proposed project involves additional construction and as such 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The existing access to the building is via a 26' wide private access road (Technology Park Way) that connects to the eastern leg of Community Drive. This road is accompanied to the south by a five (5) foot wide concrete sidewalk. The private road shall remain private. Legal documents (in the form of a private road agreement) have been submitted, reviewed, and recorded to ensure that this is the case. The Board does not have any concerns regarding the circulation or traffic management. However, the applicant has since become aware that there are potential conflicts with the configuration of the dumpster area. The Board supports the proposed changes. There are no changes to the estimated traffic volumes as a result of this proposal. 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 plans that the applicant submitted depict a significant amount of wetlands on the subject property. The applicant is proposing to encroach into a delineated Class II wetland buffer. The applicant has submitted a Conditional Use Determination which was issued from the State in 2003 and subsequently re -approved several times, most recently for the period from March 26, 2006 to April 12, 2009, for a previously proposed building. The applicant has stated that the degree of wetland and buffer impact is no greater than was originally granted in the CUD. The applicant has located the dumpster facility out of the wetland buffer, and is proposing significant vegetative screening to delineate the wetland buffer. The Board is pleased with the proposed plan and finds that this criterion is being met to the best ability of the applicant. 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. The proposed project is in keeping with the planned development patterns of the IC Zoning District. -3- #SP-08-101 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. Major portions of the PUD are un-developable due to wetland constraints. These un- developable areas will serve as open spaces between adjoining parcels. 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 previous set of site plans. His conditions were met prior to issuance of the zoning permit for the building. The new proposed changes do not adversely affect those comments or the site's compliance with those comments. The revision to the dumpster location only serves to increase maneuverability. 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. There are no changes to this criterion as a result of this application. 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 applicant is proposing to locate a transformer with concrete pad on the site. This is behind the main line of the building and largely out of view. The Board has no concerns regarding this proposal. 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. Landscaping The applicant previously submitted a landscaping plan. There are no changes to this plan as a result of this application. 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. Snow storage areas are shown on the plans and have been deemed to be satisfactory by the Stormwater Superintendent. -4- #SP-08-101 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. 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 191 parking spaces, including 6 handicapped - accessible. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The applicant is proposing to locate all 191 parking spaces to the front of the building. This is not in compliance with the regulations. The applicant argues that the location of the power lines and related easement on the northern portion of the property makes it impossible to locate the building up front. The location of the power lines makes this impractical. The Board discussed this issue at a previous hearing and it was agreed that the parking could remain as proposed. The applicant is proposing significant landscaping - in terms of quantity and in monetary value- between Kimball Avenue and the parking lot. 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. The Board previously granted a height waiver for this request. 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 sufficient building elevations. The proposed building will be similar to the existing buildings in the subdivision. It is a very visually appealing building. -5- #SP-08-101 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. Again, it appears to be a very aesthetically appealing 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. This issue as already been addressed. 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 depict a proposed enclosed dumpster at the west side of the building, located outside of the Class II wetland buffer. 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 which are appropriate and meet the guidelines of the South Burlington Land Development Regulations (the cut sheets are somewhat vague in this matter; however, the applicant's engineer has submitted a memo which is acceptable to staff and which states that the lights are indeed shielded). M #SP-08-101 DECISION D �— Motion by bG �, \ ��� �-�' -,seconded by / / F� �� 4* *( to approve Site Plan Application SP-08-101 of Technology Park Associates, Inc., 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 landscaping plan shall be revised to reflect the underlying site plan changes. 4. 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. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. 6. 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. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —o/nay/abstain/not present _ _ Matthew Birmingham — yea/nay/Lnot in not present John Dinklage — a/nay/abstainpresent Roger Farley — e nay/abstain/not presen Eric Knudsen — e ay/abstain/not present Peter Plumeau ye nay/abstain/not present Gayle Quimby — yea/nay/abstain not present Motion carried by a vote of A- d - 0 -7- #SP-08-101 Signed this 145 day of �10V6N1REK-- 2008, by Mark Behr, Vice Chairman 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).