HomeMy WebLinkAboutSP-07-67 - Decision - 0000 Community Drive#S P-07-67
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK
SITE PLAN APPLICATION #SP-07-67
FINDINGS OF FACT AND DECISION
Technology Park Partners, hereafter referred to as the applicant, is requesting site plan
review for a 54,459 sq. ft. general office building, Community Drive.
The Development Review Board held a public hearing on Tuesday, October 2, 2007.
Jeremy Matosky 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 for a 54,459 sq. ft. general office
building, Community Drive.
2. The owner of record of the subject property is Technology Park Associates, Inc.,
et. al.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The plans submitted consist of a 26 page set of plans, page two (2) entitled,
"Subdivision Plat 2 Lot Subdivision of Parcel A Technology Park Community
Drive South Burlington, Vermont", prepared by Trudell Consulting Engineers,
dated 9/7/07.
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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
�l Max Front Yard Coverage
30%
16.3%
Min.
Side Setback
10 ft.
25 ft
Min.
Rear Setback
30 ft.
Approx 55 ft
+
Maximum
Building Height
35 ft (flat roof)
50 ft
4 Waiver Required
The applicant is proposing a building height of 50 feet. Given the relative location of the
building and the subject parcel, the Board has no concerns regarding the proposed height
and fully supports a 15 foot height waiver.
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 plans and
issued comments in a letter dated September 17, 2007. The applicant shall adhere to the
comments referenced herein; the plans shall be revised accordingly.
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 plans and issued comments in a memo dated
September 27, 2007. The applicant should comply with the requests of the City Engineer;
the plans shall be revised accordingly.
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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 City of South Burlington Stormwater Superintendent reviewed the plans and provided
comments in a memo dated August 27, 2007. The applicant has replied to the Stormwater
Superintendent and has provided answers to the questions previously outlined.
Furthermore, the Board understands that the project will require review by the appropriate
State stormwater authorities. The Board is not concerned about the stormwater treatment
aspects of the plan but recommends that the applicant continue to work with the South
Burlington Stormwater Superintendent as work progresses.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
The applicant is proposing to access the new building via a 26' wide private access road
that connects to the eastern leg of Community Drive. This road will be 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) shall be submitted, reviewed, and recorded to ensure that this is the case.
At this time, the Board does not have any concerns regarding the circulation or traffic
management.
The proposed 54,459 square feet of general office space is estimated to generate 139.8
PM peak hour vehicle trip ends. The property was previously granted 647 trip ends. 404.17
vehicle trip ends are allocated to the building at 30 Community Drive. 159.5 vehicle trip
ends are allocated to the building at 55 Community Drive, for a total of 703.47 vehicle trip
ends. Therefore, the proposed building will exceed the permitted number of vehicle trip
ends by 56.47 vehicle trip ends. The Board has no concerns at this time regarding the total
number of trip ends, nor does the Board feel that a new traffic study is required. However,
the applicant shall pay for the increased trip ends, minus any credits as determined by the
South Burlington Impact Fee Ordinance.
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 relocated 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.
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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.
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 undevelopable due to wetland constraints. These
undevelopable 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 only briefly the plans and has stated that
there are no major concerns with the layout of the building and the location of hydrants.
However, he reserves the right to provide comment with respect to the siting of lockboxes
and other safety devices within the building.
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.
At this time there is a 20 foot recreation path easement to the City of South Burlington that
runs along Kimball Avenue. The applicant is proposing to construct a 10 foot paved
recreation path within this easement that extends for most of the length of the parcel along
Kimball Avenue. The Recreation Path Committee has met with the applicant and
discussed the plans. Their previous concern regarding access to the road from the path
has been addressed.
A sidewalk is shown to connect the proposed recreation path to the new private access
drive. This will encourage connection to the proposed building from the public right of way
of Kimball Ave.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
There are several major issues with the roads, sidewalks, and utilities which exist for the
site; however, they are being discussed and adequately handled as part of a related
subdivision application. There are no issues at this time related to the proposed private
access road.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
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The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
Landscaping
The applicant has submitted a proposed landscaping plan.
The City Arborist reviewed the proposed landscaping plan and provided comments in a
memo dated September 28, 2007. The Arborist is agreeable to the plans, provided that
the trees which are proposed in the City's right-of-way along Kimball Avenue and in the
20 foot recreation path easement are included in a maintenance agreement to be drafted
as part of the easement documents. He has also verbally stated a concern that the
trees proposed at the corner of Community Drive and Kimball Avenue may pose a site
distance problem for the vehicles exiting Community Drive as they reach maturity.
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.
Landscaping budget requirements are determined pursuant to Section 13.06(G)(2) of the
South Burlington Land Development Regulations. The landscape plan and landscape
budget shall be prepared by a landscape architect or professional landscape designer.
Based on an estimated building cost of $4.3 million and pursuant to Table 13-9 of the
SBLDR, the applicant shall provide a minimum of $50,500 in landscaping. The applicant is
proposing over $164,000 in trees and shrubs. This criterion is clearly met.
The proposed parking areas contain more than twenty-eight (28) parking spaces, and
therefore must be landscaped in accordance with Section 13.06(B) of the Land
Development Regulations. The site plan shows proposed landscaping on the interior of the
proposed parking area and the applicant has submitted information to ensure that this
criterion is being met, as 10.88% of the internal parking area is composed of landscaped
islands.
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.
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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 Board agrees that 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. Therefore, the applicant is requesting a 15 foot height waiver. The board
has already stated their support of the height waiver. The applicant has submitted a
preliminary rendering of the building.
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. The Board finds it to be a very visually
appealing 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.
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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.
The Board has already addressed the issue of the proposed access to the property.
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 and which states that the lights are indeed shielded).
Other
The applicant has included a statement from their engineer that the proposed sewage
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pumping station meets the City's pump station design criteria.
The applicant has submitted a proposed street name for the newly proposed access
road. However, the Planning Commission has not accepted the proposal and has asked
the applicant to propose another name.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Site Plan Application
#SP-07-67 of Technology Park Associates, 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 the comments of the City of South
Burlington Water Department per the letter dated September 17, 2007.
b. The plans shall be revised to comply with the comments of the South
Burlington City Engineer per the memo dated September 27, 2007.
c. The plans shall be revised to comply with the comments of the City
Arborist per the memo dated September 28, 2007.
d. The plans shall be revised to remove the street name ("Campus Drive")
from all sheets.
4. The applicant shall adhere to the requests of the City of South Burlington Water
Department per the letter dated September 17, 2007.
5. The applicant shall adhere to the comments of the South Burlington City Engineer
per his memorandum dated September 27, 2007.
6. The applicant shall adhere to the comments of the City Arborist as outlined in his
memorandum dated September 28, 2007.
7. The Board grants a building height waiver of fifteen (15) feet for a maximum height
of 50 feet.
8. The applicant shall obtain final wastewater allocation approval from the Director of
Planning and Zoning, Juli Beth Hinds, prior to issuance of the 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,
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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.
10. The applicant shall submit a private road agreement which shall ensure that the
proposed private road remains private. This document shall be reviewed and
approved by the City Attorney and recorded in the South Burlington Land Records
prior to permit issuance.
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 139.8 vtes but only has to pay on 56.47 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 permit issuance, the applicant shall post a $50,500 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. Pursuant to Section 12.02(E)(2) of the Land Development Regulations, the
Development Review Board allows encroachment into a Class II wetland and
wetland buffer.
15. The Board allows parking to be placed in the front of the building as shown on the
plan due to the power line location in the front and the applicant's overall proposal
to have a campus style arrangement for future buildings.
16. Any new exterior lighting shall consist of downcasting features. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation.
17. The applicant shall complete the recreation path along Kimball Avenue within six (6)
months after the date of the issuance of the Certificate of Occupancy for the
building.
18. 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.
19. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new building.
20. Any change to the site plan shall require approval of the South Burlington
Development Review Board or the Administrative Officer.
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Mark Behr — vea/nay/abstain/not present
Matthew Birmingham — yta/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — Yea/nay/abstain/not present
Eric Knudsen — yta/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — vea/nay/abstain/not present
Motion carried by a vote of 5-0-0.
f � l
Signed this �� day of �/�'��'" 2007, 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 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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