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HomeMy WebLinkAboutAgenda 05_SD-21-26_443 Community Drive_OnLogic#SD-21-26 1 1 of 6 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GREENFIELD CAPITAL, LLC – 443 COMMUNITY DRIVE FINAL PLAT APPLICATION #SD-21-26 FINDINGS OF FACT AND DECISION Final plat application #SD-21-26 of Greenfield Capital, LLC to consolidate three lots of 6.77 ac (Lot 11), 6.62 ac (Lot 12) and 6.42 ac (Lot 13) into one lot for the purpose of constructing a 130,790 sf building on a single 19.81 ac lot. The application for development is being reviewed under separate site plan application, 443 Community Dr. The Development Review Board held public hearings on Tuesday December 7, 2021 and Tuesday January 4, 2022. John Illick and Chris Huston represented the applicant. Board member Stephanie Wyman was recused from this application and did not participate in this decision. 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 project consists of Final plat application #SD-21-26 of Greenfield Capital, LLC to consolidate three lots of 6.77 ac (Lot 11), 6.62 ac (Lot 12) and 6.42 ac (Lot 13) into one lot for the purpose of constructing a 130,790 sf building on a single 19.81 ac lot. The application for development is being reviewed under separate site plan application, 443 Community Drive. Subdivision triggers site plan review. The applicant is currently seeking site plan approval for Lot 9 under application #SP-19-28. 2. The owner of record of the subject property is Technology Park Partners 3. The application was received on November 10, 2021 and is subject to the LDR effective 12/28/2020. 4. The subject property is located in the Mixed Industrial Commercial (IC) District. It is also located in the Transit Overlay District, a portion of the property is located in the Flood Plain Overlay District Zone A and a portion is located in the Interstate Highway Overlay District. 5. The Board reviewed the sketch plan application for this subdivision on October 5, 2021. 6. There are areas of class II and class III wetlands and wetland buffers located within the project area. 7. The plans submitted consist of the following: Sheet No: Plan Description: Prepared By: Last Revised Date: SV-1 Subdivision Survey VHB 12/06/2021 #SD-21-26 2 2 of 6 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Mixed Industrial Commercial Zoning District Required Proposed Lot Min. Lot Size 40,000 sq. ft. 864,230 sf Max. Building Coverage 40% Development on this lot is being reviewed as a separate application Max. Overall Coverage 70% Min. Front Setback 30 ft. Max Front Setback Coverage 30% Min. Side Setback 10 ft. Min. Rear Setback 30 ft. Building Height (flat roof) 35 ft. SUBDIVISION STANDARDS (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The applicant has obtained preliminary water and wastewater allocations. The Board finds this criterion met. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. No construction is being reviewed as part of this subdivision application. Compliance of the site plan with this standard is discussed in the findings on application #SP-21-046. (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Section 13.01F states that all commercial lots located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. 13.01F. Access Management Requirements. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where the vehicular and pedestrian circulation is most feasible. #SD-21-26 3 3 of 6 The adjacent lot to the east has been designed to accommodate a future connection between the two properties, and includes a cross-lot easement to the subject property. At this time there is no relationship between the two properties, therefore the Board finds the applicant must provide only a reciprocal 50-ft wide cross-lot easement to align with the easement on the adjacent lot instead of providing a driveway connection. Since the lot to the west is largely encumbered by wetlands, the Board finds no access easement to that lot to be necessary at this time. The applicant has provided a draft reciprocal 50-ft wide access easement on this property. The Board finds the applicant must add the following paragraph to the easement document, and must record the final executed agreement, subject to review and approval by the City Attorney, prior to recording the plat. The conveyance of the Easement is not intended to terminate by the merger doctrine and the Easement shall remain in full force and effect notwithstanding the common ownership of Lot 9 and Lot 11. The Lot 9B Owner and the Lot 11 Owner acknowledge and affirm that it is their respective intentions that the Easement shall run with the title to Lot 9B and shall remain in effect for the benefit of the Lot 9B Owner and the future successors and assigns of the Lot 9B owner. Traffic is discussed below. (4) 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project’s impact on natural resources. The subdivision itself does not further bifurcate wetlands, streams or wildlife habitat. The Board supports this configuration. Compliance with Article 12 standards are addressed is discussed in the findings on application #SP-21-046. (5) 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. On an overall basis, the Board finds the proposed configuration of the property compatible with the existing and planned development patterns of the area. Detailed discussion of the aesthetics of the building itself is provided under concurrent site plan application #SP-21-046. (6) 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. The Board finds that the subdivision does not detract from the ability of the land to be developed such that open space areas are contiguous. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. #SD-21-26 4 4 of 6 The Fire Chief reviewed the plans on November 16, 2021, and offers the following comments. SBFD FMO met with the design team on 10/12/21 to review access utility and fire protection support elements. They are proposing essentially a conjoined storage/manufacturing facility sharing a common fire wall with a three story business occupancy. The occupancies are fully fire protected with sprinkler, standpipe and fire alarm systems. In reviewing the submittal it appears that all elements of NFPA 1 Chapter 18 have been addressed. The final plans have not been submitted for permitting at this time. The Board finds this criterion met. (8) 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 properties. The subdivision does not affect compliance with this criterion. Compliance of the proposed development project is discussed in the findings on application #SP-21-046. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The subdivision is proposed to support a development which the applicant estimates will generate 196 vehicle trips per PM peak hour. As discussed in conjunction with #SP-21-046, no offsite improvements are needed. The Board finds this criterion met. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Objectives of the Comprehensive Plan for the Northeast Quadrant address allowing opportunities for employers in need of larger amounts of space, and providing a balance of open spaces. The Board finds this criterion met for the proposed subdivision. (11) The project’s design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of these Regulations. The Board finds the proposed subdivision does not affect compliance with this criterion. Compliance of the site plan with this standard is discussed in the findings on application #SP- 21-046. SITE PLAN REVIEW STANDARDS Compliance with site plan review standards is discussed in the findings on application #SP-21-046. OTHER Street Address #SD-21-26 5 5 of 6 The applicant has requested the street address of the proposed building be 435 Community Drive rather than 443 Community Drive, as warned and as used for the related sketch plan and site plan applications. This address is acceptable from an e9-1-1 standpoint. The Board accepts the requested change and is including this note to facilitate finding related records in the future. DECISION Motion by __, seconded by __, to approve final plat application #SD-21-26 of Greenfield Capital, LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must 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 plat plan must be revised to show the changes below and shall require approval of the Administrative Officer. One digital copy of the complete approved revised plan set must be submitted to the Administrative Officer prior to recording the plat. a. The plat plan must be revised to include the signature and seal of the land surveyor. 4. The applicant must record the final executed shared access agreement as amended herein, subject to review and approval by the City Attorney, prior to recording the plat. 5. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. 6. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) must be recorded in the land records within 180 days or this approval is null and void. The plat plan must be signed by the Board Chair or Clerk prior to recording. 8. The street address of the proposed lot and principal building on the lot will be 435 Community Drive. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Jim Langan Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of _ – _ – _. Signed this ____ day of February, 2022, by #SD-21-26 6 6 of 6 _____________________________________ Dawn Philibert, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.