HomeMy WebLinkAboutAgenda 06_SP-21-046_443 Community Dr_OnLogic#SP-21-046
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GREENFIELD CAPITAL, LLC-435 COMMUNITY DRIVE
SITE PLAN APPLICATION #SP-21-046
FINDINGS OF FACT AND DECISION
Site plan application #SP-21-046 of Greenfield Capital, LLC to construct a two to three story 130,790 sf
light manufacturing, warehouse and office project, 418 parking spaces, and associated site
improvements on a proposed 19.81 ac lot, 435 Community Dr.
The Development Review Board held public hearings on December 7, 2021, January 4, 2022 and
February 2, 2022. John Illick, Chris Huston, Michael Biama, David Roy, Jeff Zweber, and Mike Willard
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 constructing a two to three story 130,790 sf light manufacturing,
warehouse and office project, 418 parking spaces, and associated site improvements on a
proposed 19.81 ac lot, 443 Community Dr.
2. This is the first site plan for the property.
3. The applicant is currently seeking subdivision approval for the subject property under
#SD-21-26.
4. The owner of record of the subject property is Technology Park Partners.
5. The application was received on November 10, 2021 and is subject to the LDR effective
12/28/2020.
6. The Project is located in the Mixed Industrial Commercial Zoning 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 and the Airport
Approach Cones.
7. There are areas of class II and class III wetlands and wetland buffers located on the property.
8. The plans submitted consist of the following:
Sheet No.: Plan Description: Prepared By: Last Revised
Date:
A1.00 Cover Sheet Wiemann Lamphere 10/28/2021
A1.01 Level 1 Overall Floor Plan Wiemann Lamphere 12/17/2021
A1.02 Overall Level 2 Floor Plan Wiemann Lamphere 10/28/2021
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A1.03 Overall Level 3 Floor Plan Wiemann Lamphere 10/28/2021
A1.04 Overall Roof Plan Wiemann Lamphere 10/28/2021
A2.01 Exterior Elevations Wiemann Lamphere 10/28/2021
A3.10, A3.11,
A3.12
Building Sections Wiemann Lamphere 10/28/2021
C-0.10 Legend and General Notes VHB 10/28/2021
C-1.00 EPSC Notes and Narrative VHB 01/03/2022
C-1.10 Existing Conditions Plan VHB 11/10/2021
C-2.10 Site Plan VHB 01/20/2022
C-2.20 Future Site Plan VHB 10/28/2021
C-3.10 Grading & Drainage Plan VHB 01/20/2022
C-4.10 Utility Plan VHB 01/20/2022
C-5.10 Erosion Prevention & Sediment
Control Plan
VHB 01/20/2022
C-6.10 Site Details VHB 10/28/2021
C-6.20 Stormwater Details VHB 01/03/2022
C-6.30 & C-6.31 Erosion Prevention & Sediment
Control Details
VHB 01/03/2022
C-6.40 Water & Wastewater Details VHB 10/28/2021
LA-1.00-LA 1.80 Landscape Plan Enlargement VHB 01/20/2022
LA 2.00 Landscape Details VHB 12/06/2021
LA-2.10 Plant Schedule VHB 01/03/2022
LA-3.00 Overall Lighting Plan VHB 01/03/2022
LA-3.01-LA-3.04 Lighting Plan Enlargement VHB 01/03/2022
LA-3.05 Lighting Cutsheets &
Specification Information
VHB 01/03/2022
SV-1 Subdivision Survey VHB 12/06/2021
SW-1.01 Pre-Development Stormwater
Plan
VHB 12/06/2021
SW-1.02 Post Development Stormwater
Plan
VHB 12/06/2021
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Mixed Industrial Commercial Zoning
District
Required Proposed
Min. Lot Size 40,000 sf 864,230 sf
Max. Building Coverage 40% 8.9%
Max. Overall Coverage 70% 35.38%
Min. Front Setback, Community Dr 30 ft. 283 ft.
Min. Front Setback, Interstate 89 150 ft. 279 ft.
Max Front Setback Coverage 30% 4.85%
Min. Side Setback 10 ft. 252 ft.
Min. Rear Setback 30 ft. N/A*
@ Building Height (flat roof) 35 ft. 48.67 ft.
* The property does not have a rear yard as it abuts the interstate.
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@ 3.06D(2) permits but does not require the Board to approve a structure with a height in
excess of 35 ft. if for each foot of additional height, all front and rear setbacks are increased by one
(1) foot and all side setbacks are increased by one half (1/2) foot. These additional setbacks are
provided. The Board approves the requested height.
Mixed Industrial-Commercial District (IC)
The purpose of the Mixed Industrial-Commercial District is as follows.
The Mixed Industrial-Commercial District is formed to encourage general industrial and
commercial activity in areas of the City served by major arterial roadways and with ready
access to Burlington International Airport. The Mixed Industrial- Commercial district
encourages development of a wide range of commercial, industrial and office uses that will
generate employment and trade in keeping with the City’s economic development policies.
These uses are encouraged in locations that are compatible with industrial activity and its
associated land use impacts. Major commercial uses, such as supermarkets and shopping
centers shall not be permitted. Any uses not expressly permitted are prohibited, except those
that are allowed as conditional uses.
The subject property is proposed to house light manufacturing, warehouse and office, which the Board
finds consistent with the purpose of the district.
Supplemental Standards for Industrial and Airport Districts
A. Site plan or PUD review required. The applicant has requested site plan review.
B. Multiple Structures and uses permitted. Only one structure is proposed. The structure is
proposed to contain light manufacturing, warehouse and office.
C. [Reserved]
D. Buffer strip. Properties in the Airport, Mixed Industrial Commercial, Industrial Open Space
and Airport Industrial districts that abut residential districts shall provide a screen or buffer
along the abutting line, as per Section 3.06(I) (buffers). N/A
Interstate Highway Overland District
No building is proposed within the IHO district. An existing private recreation path, open to the public, is
located in the IHO district. The applicant is proposing to modify the grading, provide stormwater treatment,
add landscaping, and relocate the path. The Board finds these activities to be permitted within the district.
13.03 Airport Approach Cones
A. General Restrictions. Notwithstanding the provisions of any other section(s) of these regulations, the
uses permitted in any district in the Airport Approach Cones, as shown on the Official Zoning Map and
Overlay Districts Map, shall be permitted subject to the following limitations:
(1) No use shall be permitted which will produce electrical interference with radio communication
or radar operations at the airport.
(2) No use shall be permitted which could obstruct the aerial approaches to the airport.
(3) All uses shall comply with applicable FAA or other federal or state regulations.
(4) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
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Most of the project is located within an airport approach cone. The applicant received a “Determination
of No Hazard to Air Navigation” letter on 12/10/2021. The Board finds these criteria met.
SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use
policies for the City of South Burlington as set forth in the Comprehensive Plan.
The entire IC District is located within the Northeast Quadrant. Objectives of the Northeast Quadrant
include allowing opportunities for employers in need of larger amounts of space, and providing a
balanced mix of recreation, resource conservation, and business park opportunities including riparian
corridors along the tributaries of Muddy Brook and Potash Brook.
Goals of the comprehensive plan include affordable & community strong, walkable, green & clean, and
opportunity oriented.
The land use policy for this area is medium to higher intensity, principally non-residential.
The Board finds this criterion met.
B. Relationship of Proposed Structures to the Site.
(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.
The adjacent sites on Community Drive and on Tilley Drive are predominantly brick and use that
material as a unifying feature on a variety of building designs.
The applicant made a presentation on 12/7 showing that the structure is proposed to be
constructed of grey and dark grey brick masonry and smooth orange metal paneling for the office
portion of the building, and smooth and corrugated metal for the manufacturing portion of the
building with transparent and translucent glazing. The Board finds this criterion 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.
Parking is proposed to the side and to the front of the lot relative to the interstate. See (d) below.
(b) Not applicable
(c) Where more than one building exists or is proposed on a lot, the total width of all parking
areas located to the side of the building(s) at the building line shall not exceed one half of the
width of all building(s) located at the building line.
The applicant is only proposing one building, but has submitted a conceptual sketch of a full-build
out that includes multiple buildings. This criterion will be applicable if the applicant pursues
approval of multiple buildings.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of
the building adjacent to the public street with the lowest average daily volume of traffic. Where
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a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s)
or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be
screened with sufficient landscaping to screen the parking from view of the Interstate.
Any parking located to the front is to the interstate side. As discussed above, parking is located
to the side, front, and Interstate side.
The applicant has proposed a planted berm with a maximum height of 5-ft to screen the large
parking lot proposed east of the building.
The applicant has proposed a row of “London Plane Trees” interspersed with shrubs between
the parking and the interstate. This is a large deciduous tree. 13.01C(5) states that “all parking
areas adjacent to a public street shall be screened from the street by fencing, walls, or
vegetation measuring at least three (3) feet in height.” The Board finds this criterion met.
(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 anticipated
adjoining buildings.
The building is proposed to have about half as large a footprint as the recently constructed fed-
ex facility to the east, and to be 13 feet higher for the tallest portion of that building. The
building across Community Drive is approximately the same size as the Fed-Ex building. There is
no development potential west of the proposed site. The Board finds this criterion met.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(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 Board finds the overall massing and form of the building to be complementary to other
buildings in the vicinity. Building materials and parking lot screening are discussed above. The
applicant is proposing four loading dock bays, which will be substantially screened by their
elevation and by plantings on the perimeter of the site. The Board finds this criterion met.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall
apply:
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.
13.01F pertains to Access Management Requirements.
Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian
conflicts caused by vehicular driveways on public roadways by reducing the number of required
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driveways and by minimizing the number of vehicles utilizing such driveways off public roadways.
All applicants must make an effort to reduce these impacts. 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.
The adjacent lot to the east has been designed to accommodate a future connection between the
two properties. The applicant has provided a draft reciprocal 50-ft wide access easement on this
property. This is discussed in further detail as part of final plat application #SD-21-26.
The Board finds this criterion is met by fulfillment of the relevant conditions of concurrent final plat
application #SD-21-26.
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
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met.
Utility connections are proposed to be underground. A discussion of utility screening is provided under
Site Plan Review Standard D below.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, 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 (ie, non-dumpster, non-large drum)
shall not be required to be fenced or screened.
This criterion includes two critical elements. First, that the dumpster be enclosed. Second, that it be
screened. The Board finds the applicant has met the first element by providing a fully enclosed trash
compactor. The Board finds the applicant has met the second element by providing general screening of
the loading dock and waste disposal areas.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
The minimum required landscape value for the Project, based on an estimated building construction
cost of $40,000,000 is $407,500. The applicant is proposing the following landscaping elements.
Trees $ 182,875.00
Shrubs $ 22,880.00
Ornamental Grasses $ 3,290.00
Hardscape, including pavers
and stone seat walls $ 231,325.00
Total $ 440,370.00
Minimum Requirement $ 407,500.00
As noted above, the Board may approve landscaping elements other than trees and shrubs only when
the objectives of the landscaping section are otherwise met. The Board finds the objectives to be met,
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therefore the pavers and stone seat walls may be applied towards the minimum required landscaping
budget.
The City Arborist reviewed the landscaping plans on November 17, 2021 and January 3, 2022 and offers
the following comments.
• I’d recommend reducing the number of maples in the plan. Maple is an overplanted species in
South Burlington and the Red Maples in particular may suffer from Manganese deficiency given
the existing soils on this site
• The Planting Details refer to a soil preparation specification but I couldn’t locate it
The Board finds the applicant must obtain approval for the soil preparation specification from the City
Arborist prior to issuance of a zoning permit. [they’ve submitted it and it is pending Craig’s review]
Several additional landscaping standards apply to this property, as follows.
13.06B Landscaping of Parking Areas
All off-street parking areas subject to review by the Development Review Board shall be curbed
and landscaped with appropriate trees, shrubs and other plans including ground covers as
approved by the Development Review Board.
(1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees,
shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to
allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of
the parking lot from the public way and from adjacent uses and properties, and to provide
shade and canopy for the parking lot. In some situations it may be necessary both for
surveillance purposes and for the perception of safety to install the size and type of plants
that leave visual access between the parking lot to the public way or other pedestrian areas.
The applicant has proposed a row of locust trees along the eastern property. Screening of
the southern parking area from the interstate is addressed in 14.06C(2) above. The Board
finds this criterion met.
(2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or
in parking lots with more than a single circulation lane, at least ten percent (10%) of the
interior of the parking lot shall be landscaped islands planted with trees, shrubs and other
plants. Such requirement shall not apply to structured parking or below-ground parking.
The applicant has provided an exhibit demonstrating the interior parking lot landscaping
computations. Interior parking lot landscaping requirements are exceeded for the eastern
parking field. The applicant’s computations aggregate the southern and western parking
areas. The Board finds the intention of this standard is to break up large parking fields into
smaller parking areas, and therefore accepts the applicant’s computation for the southern
and western parking areas as meeting this criterion.
(3) All interior and perimeter planting shall be protected by curbing unless specifically designed
as a collection and treatment area for management of stormwater runoff as per
13.06(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet
on any one side, and shall have a minimum square footage of sixty (60) square feet. Large
islands are encouraged.
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Parking areas and a portion of driveways are proposed to be curbed. Planted islands meet
the minimum dimensions. Snow storage areas do not conflict with proposed plantings. The
Board finds this criterion met.
(4) Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road
runoff or salt spray, shall be salt-tolerant.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be
placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall
be placed a minimum of thirty (30) feet apart.
The Board finds these criteria met individually for each of the eastern, western and southern
parking areas.
13.06C Screening or Buffering
(1) All off-street parking areas, off-street loading areas, outdoor storage areas, refuse,
recycling, and compost collection (excluding on-site composting) areas, and utility
improvements such as transformer(s), external heating and cooling equipment shall be
effectively screened.
(2) Such screening shall be a permanently maintained landscape of evergreen or a mix of
evergreen and deciduous trees and shrubs, and/or a solid fence.
(3) The landscaping shall be designed to minimize erosion and stormwater runoff, and to
protect neighboring residential properties from the view of uses and parking areas on the
site. The landscaping shall be of such type, height, and spacing, as in the judgment of the
Development Review Board, will effectively screen the activities on the lot from the view of
persons standing on adjoining properties. The plan and specifications for such planting shall
be filed with the approved plan for the use of the lot.
(4) A solid wall or fence, of location, height, and design approved by the Development Review
Board, may be substituted for the required planting.
(5) Modifications. Where the existing topography and/or landscaping provides adequate
screening or would render the normally required screening inadequate, the Development
Review Board may modify the planting and/or buffer requirements by, respectively,
decreasing or increasing the requirements.
Screening of the parking area from the interstate is discussed under 14.06B(2) above.
Screening of the dumpsters is discussed under 14.07C above.
Screening of the loading dock is discussed under 14.06C above.
The applicant has proposed to screen the electrical transformer on three sides with yew shrubs.
Acknowledging the dichotomy between full screening and the need for maintenance access, the
Board finds the open side shall be turned to face the building so that the cabinets have the least
possible visibility from the public way.
E. Modification of Standards. Except within the City Center Form Based Code District, where the
limitations of a site may cause unusual hardship in complying with any of the standards above and
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waiver therefrom will not endanger the public health, safety or welfare, the Development Review
Board may modify such standards as long as the general objectives of Article 14 and the City's
Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure
less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
No modification of standards has been requested. The Board finds no modification of standards is
necessary.
F. Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various
other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into
underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is
required pursuant to the standards contained within Article 12.
Treatment of runoff from impervious standards is discussed under 12.03 below.
The applicant has provided an EPSC plan and stabilization notes. The project disturbs greater than one
acre and will therefore be required to obtain either an Individual or General Permit for Construction.
See additional comments pertaining to low impact development under 12.03 below.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
The applicant has submitted a traffic study which provides an analysis of the impacts the proposed project
will have on adjacent intersections. The traffic study estimates that the proposed project will generate 196
PM peak hour trips. The traffic study also takes into consideration the future connection from the east
end of Tilley Drive to Community Drive, under study and scoping now. Because the timing of that
connection is not yet known, it considers traffic conditions both with and without the Tilley Drive
connection in place. The Tilley Drive connection is anticipated to provide an important east-west
connection in the City and to result in a measurable shift in through traffic from Old Farm Road and
Kennedy Drive to the new connector.
The traffic study concludes that the traffic generated by the project does not result in the need for off-
site transportation system improvements, either with or without the Tilley Drive connection in place. The
Board supports the conclusions of the traffic study.
LDR 15.12D(2) requires roadways serving one or more lots occupied and/or proposed for non-residential
development to be built to City standards in Table 15-1 and Figure 15-1. 15.12D(3) then allows the roadway
to remain private, though it does not remove the responsibility to construct the roadway to City standards.
Street design standards in Table 15-1 specify that private roadways shall be 26’ with parking and 20’ without
parking. Figures 15-1A through 15-1D provide contradictory information as to road width; City practice has
been to ignore the width elements of these figures in preference for Table 15-1 and best practices, and refer
to these figures only for the vertical cross section (pavement and sub-base) and curb radius (20 ft).
The applicant has proposed for the eastern driveway to be 22-ft wide with 20-ft driveway entrance
radius and for the western driveway to be 24-ft wide with 30-ft driveway entrance radius following
direction from the Board. The Board approves the applicant’s proposal based on the following
information.
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• Based on their experience at their current site (35 Thompson St), the applicant believes that large
delivery trucks will use both driveways even though the site is designed for delivery trucks to use the
western entrance only, and that large vehicles would have a difficult time navigating a 20-ft
pavement width.
• The road is not curbed therefore the applicant believes plow trucks will leave the paved surface
without the presence of shoulders.
• It has been the practice of the Board to allow wider driveway widths to accommodate large trucks
where necessary. The applicant has provided a turning movement plans demonstrating the need for
30-ft curb radii.
• Site Plan review standard 14.07F requires projects to use low-impact site design strategies to
minimize runoff from impervious surfaces. Additional pavement creates the need for additional
stormwater treatment and no treatment system is 100% effective at removing runoff and pollutants.
Considering the eastern driveway only, reduced pavement width results in the removal of of
impervious surface from Muddy Brook.
• General standard 13.01G (pertaining to design requirements for off-street parking and loading)
requires that safe and convenient pedestrian circulation shall be provided on the site and its
approaches. Pedestrian circulation must be designed to minimize adverse effects of vehicular traffic
on sidewalks and recreation paths. The pedestrian crossing width of the originally proposed eastern
driveway (24-ft wide with 30-ft entrance radii) was 43 ft. With both a 20-ft entrance radius and
reduced width of 22-ft, the pedestrian crossing width is reduced to approximately 32-ft. Similar
reductions could be expected at the western entrance. Due to the 24-foot design of the western
driveway as the truck-designated driveway, the crossing width is not recommended to be reduced,
but it should be noted that the presence of the wider driveway further supports narrowing the
crossing width of the second driveway.
• General Review Standard 13.01F states, in part “It is the intent of the City to minimize traffic and
pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of
required driveways and minimizing the number of vehicles utilizing such driveways off public
roadways. All applicants must make an effort to reduce these impacts.”
This standard allows the Board to require the applicant to serve the property using a singular curb
cut, which would have the effect of both reducing impervious surfaces and of reducing pedestrian
conflicts. The Board has not exercised this authority to consolidate the access into one curb cut,
however, in recognition of the advantages of separating the traffic associated with the manufacturing
use from the traffic associated with general office use.
In response to the applicant’s concerns, curbing installed on both sides of a 20-ft driveway would prevent
vehicles from leaving the paved travel way. Signage indicating “No Trucks” would help reduce the truck use
of the passenger vehicle entrance, while curbing, a smaller entrance radius, and a narrower pavement width
would serve as further discouragement. The western entrance is currently proposed to be curbed while the
eastern entrance is not.
The addition of curbing on the eastern driveway would necessitate the addition of catch basins and
underground pipes. As designed, both legs of the eastern driveway are designed to sheet flow to the east.
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Runoff from the grass area between the legs of the driveway flows across the roadway surface of the eastern
leg before entering the gravel wetland and ultimately flowing to Muddy Brook, an impaired waterbody. Two
or more catch basins and associated pipe runs would be needed to facilitate curbing.
While a 20-ft width, reduced entrance radius, and provision of curbing is the best solution for reducing
environmental impacts and improving safety, reducing the entrance radius has the largest impact on
pedestrian crossing distance.
In acknowledgement of the additional up-front and ongoing costs of a curbed driveway system, and in
acknowledgement of the merit of a small shoulder on an uncurbed roadway, the Board therefore finds the
eastern driveway width shall be 22-ft and the eastern entrance radii shall be 20-ft as a compromise between
the applicant’s request and what the Board considers to be the best solution. The applicant has modified
their plans to reflect this configuration.
The Fire Chief reviewed the site plans on January 14, 2022 and provided comments pertaining to
emergency vehicle circulation. Those comments were addressed, and confirmed addressed by the Fire
Chief, on January 20, 2022.
SURFACE WATER PROTECTION STANDARDS
12.02 Wetland Protection Standards
Section 12.02 Wetland Protection Standards apply to all lands within 50-feet of a wetland.
The project proposes to impact the entirety of a 2,174 sf Class III wetland and it’s 50-ft buffer for the
purpose of constructing a stormwater treatment facility and an access driveway.
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas
is generally discouraged.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with
issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental
Conservation and positive findings by the DRB pursuant to the criteria in (3) below.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers,
may be permitted by the DRB upon finding that the proposed project’s overall development, erosion
control, stormwater treatment system, provisions for stream buffering, and landscaping plan
achieve the following standards for wetland protection:
The applicant submitted Wetland Classification Report #2021-518 for the Class II wetland on the
property. No similar report has been provided for the impacted wetland or its 50-ft buffer.
(a) The encroachment(s) will not adversely affect the ability of the property to carry or store
flood waters adequately;
The purpose of the impact is to create a gravel wetland. The submitted stormwater memo
indicates that the stormwater flow off the property will be reduced compared to pre-
development conditions for the 1- and 10-year, 24-hour events. As noted below, the applicant
has not provided flow rates for the 25-year 24-hour event. The Board finds that if the 25-year
flow is also not increased, this criterion will be met.
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater
treatment system to reduce sedimentation according to state standards;
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The majority of the proposed impact is to create a gravel wetland, which will improve the ability
of the property to reduce sedimentation. The Board finds this criterion met.
(c) The impact of the encroachment(s) on the specific wetland functions and values
identified in the field delineation and wetland report is minimized and/or offset by appropriate
landscaping, stormwater treatment, stream buffering, and/or other mitigation measures.
The applicant indicated they did not generate a report for the impacted wetlands, but provided
the following response.
The project is not proposing any activity in the wetlands and there is net-cut excavation in the
SoBu Class III wetland buffer. This includes the construction of a gravel wetland which will
provide water quality and flood storage for at least the 10-year storm event and will not
impact flood storage or sedimentation capacity.
Wetlands 2018-100 and 2021-1 are very small in size, not contiguous to a surface water and
provide minimal to insignificant Water Storage for Flood Water and Storm Runoff (Vermont
Wetland Rules Function 5.1) and Surface and Ground Water Protection (VWR Function 5.2)
Additionally, Wetland 2018-100 is located within a maintained field and is regularly mowed
as regular groundskeeping and is not adjacent to surface waters.
There would be no direct impacts to either wetland, so the functional capacities would be
maintained. Additionally, the adjacent, planned gravel wetlands will enhance the water
quality protection provided in the immediate vicinity. The buffers to Wetland 2021-1 would be
impacted by grading to construct the footpath, and would be revegetated after.
The Board understands from the applicant’s response that the specific functions and values of the
wetland are Water Storage for Flood Water and Storm Runoff and Surface and Groundwater
Protection. The Board finds that the proposed creation of a gravel wetland in place of the Class
III wetland as adequate offset for the provided functions, and considers this criterion met.
12.03 Stormwater Management Standards
The City Stormwater Section provided an extensive review of the proposed stormwater management
system. The applicant revised the plans on 1/20/2022 to address the final comments of the Stormwater
Section. The following comments of the City Stormwater Section are generally applicable to the project.
1. The proposed project is located in both the Muddy Brook and Potash Brook watersheds. Potash
Brook is listed as stormwater impaired by the State of Vermont Department of Environmental
Conservation (DEC).
2. The project proposes to create an additional 7.0 acres of impervious area on the parcel. This
results in greater than 1 total acre of impervious area on the parcel. Therefore, it appears that
the project will require a stormwater permit from the Vermont DEC Stormwater Division. The
applicant should acquire this permit before starting construction.
3. The project proposes to disturb greater than 1 acre of area. It will therefore require a
construction stormwater permit from the Vermont DEC Stormwater Division. The applicant
should acquire this permit before starting construction.
4. Work in the City Right Of Way (ROW) requires a permit before construction can begin. A “Permit
to Open Streets or Right-Of-Way” can be obtained from the South Burlington Department of
Public Works on their web site, or by stopping by their office located at 104 Landfill Road.
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5. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance infrastructure.
The Board finds this criterion met.
OTHER
13.07 Exterior Lighting
The applicant is proposing two types of pole mounted lights. Pole mounted lights along the driveway and
within the parking area are at the maximum height of 30 feet allowable under the LDR. There are
pedestrian scale fixtures mounted at 14 feet. There are no building mounted fixtures proposed. The
following standard applies to lighting in parking areas.
13.07B Specific Requirements for Parking Areas. Light sources shall comply with the following:
(2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from
becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent
properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a
hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling
public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to
drivers on adjacent streets.
The Board finds lighting criterion met.
13.14 Bicycle Parking
The proposed building will require nineteen (19) short term bicycle parking spaces based on 48,180 sf of
warehousing, contractor and light industry use at one space per 20,000 sf and 82,610 sf of office use at
one space per 5,000 sf and ten long term bicycle parking spaces. One changing facility, one unisex
shower, and 4 clothes lockers are also required. For office building use, up to 50% of short term bicycle
parking requirements may be met by supplementing the (indoor) long term bicycle parking
requirements with the required short term bicycle parking spaces.
The applicant has proposed is proposing nine inverted U type bicycle racks near the main pedestrian
entrances providing parking for 18 bicycles, and an approximately 12-foot by 22-foot bicycle storage
area near one of the building entrances. The applicant has provided a first floor plan showing the
configuration of the bike storage room, which the applicant indicates will accommodate twelve bicycles.
A cut sheet for the type of indoor racks has been provided. Changing facilities, showers and clothes
lockers are provided on the second floor.
3.05 Energy Standards
All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and
Commercial Building Energy Standards of the LDRs.
Water Service Design
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The South Burlington Water Department provided comments on sheet C-4.10 on 12/16/2021. These
comments pertain to tapping, shut-off, metering, specifications, and hydrant ownership. The Board finds
the comments of the SBWD must be addressed to the satisfaction of the SBWD, as evidenced by a letter
of approval, prior to issuance of a zoning permit for the project.
Street Address
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 final plat 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 site plan application #SP-21-046 of Greenfield Captial, 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 as amended herein.
3. The site plans must be revised to show the changes below and shall require approval of the
Administrative Officer. A digital copy of the full revised plan set must be submitted to the
Administrative Officer prior to zoning permit approval.
a. Modify the transformer screening so the unscreened side faces the building
4. A zoning permit must be obtained within six (6) months of approval pursuant to Section 17.04 of the
Land Development Regulations with the option for requesting a one (1) year extension or this
approval is null and void.
5. The comments of the SBWD must be addressed to the satisfaction of the SBWD, as evidenced by a
letter of approval, prior to issuance of a zoning permit for the project.
6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy of the site
7. Any change to the site plan will require approval by the South Burlington Development Review
Board or the Administrative Officer as allowable under the LDRs.
8. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
9. The bicycle spaces and clothes lockers must meet the dimensional standards of 13.14.
10. All new buildings are subject to the Stretch Energy Code.
11. The applicant must provide a surety for $209,045 in landscaping materials in accordance with the
provisions of LDR 15.15B(1) prior to issuance of a zoning permit.
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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
Motion carried by a vote of _ – _ – _.
Signed this ____ day of February, 2022, by
_____________________________________
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.