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HomeMy WebLinkAboutAgenda 06_MP-21-02_3070 Williston Road_Beta 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: #MP-21-02 3070 Williston Road Beta – Master Plan Application DATE: February 15, 2022 Development Review Board meeting The Board held a hearing on this application on December 21, 2021 and January 18, 2022. Staff has prepared a draft decision, but there are number of topics for which Staff does not believe the Board has arrived at a final conclusion. The draft decision includes those topics as red numbered items, similar to staff comments. The Board should affirm they have the information they need to reach a conclusion on these and any other items members feel to be outstanding prior to closing the hearing. The Board has up to 45 days after a hearing is closed to issue a decision. Respectfully submitted, Marla Keene, P.E. Development Review Planner #MP-21-02 - 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BETA AIR, LLC 3070 WILLISTON ROAD MASTER PLAN #MP-21-05 FINDINGS OF FACT AND DECISION WORKING DOCUMENT KEY RED = THINGS THAT THE BOARD DID NOT REACH A CONCLUSION ON [UNNUMBERED RED ITEMS WILL BE RESOLVED BY ADDRESSING NUMBERED RED ITEMS] Master plan application #MP-21-02 of Beta Air, LLC for a planned unit development on five lots developed with a quarry, a mixed commercial building, a warehouse, a contractor yard, and a RV sales, service, and repair facility. The master plan includes combining the five lots, resulting in one lot of 747.92 acres, and consists of a 344,000 sf manufacturing and office building, a 37,800 sf office and retail building, a 15,600 commercial building, and a 85,000 sf flight instruction and airport use building on 40.43 acres of the resulting airport lot, 3070 Williston Road. The Development Review Board held a public hearing on November 11, 2021 and January 18, 2022. The applicant was represented by Art Klugo, Chris Gendron, and Jeff Hodgson. Board member Stephanie Wyman was recused from this application and did not participate in this decision. Based on the plans and 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 seeking Master Plan approval for a planned unit development on five lots developed with a quarry, a mixed commercial building, a warehouse, a contractor yard, and a RV sales, service, and repair facility. The master plan includes combining the five lots, resulting in one lot of 747.92 acres, and consists of a 344,000 sf manufacturing and office building, a 37,800 sf office and retail building, a 15,600 commercial building, and a 85,000 sf flight instruction and airport use building on 40.43 acres of the resulting airport lot, 3070 Williston Road. 2. The owner of record of the subject property is the City of Burlington. 3. The Project is located in the airport industrial (AIR-I) and mixed industrial commercial (IC) zoning districts, traffic overlay, transit overlay and airport approach cone overlay districts. The project consists of five existing lots: the main airport parcel, and four outparcels along Williston Road. The four outparcels are located within the Mixed Industrial/Commercial Zoning district, while the portion within the main airport parcel is within the Airport Industrial Zoning District. The portion of the property that fronts on Williston Road lies in the Traffic Overlay District – Zone 3 Balance of Restricted Roads, which restricts the trip generation to 45 vehicle trips per 40,000 of land area without supplemental mitigation. 4. The application was received on November 9, 2021. 5. The plans submitted consist of the following: #MP-21-02 - 2 – Sheet No. Sheet Title: Prepared by: Last Revised Date: MP-001 Location Plan Stantec 11/05/2021 MP-002 Existing Conditions Stantec 01/04/2022 MP-003 Campus Site Plan Stantec 01/04/2022 L-002 Campus Plan Stantec 11/05/2021 L-003 Project Limit Plan Stantec 11/05/2022 Subsequent to the revision date of the above-referenced plans, the applicant conveyed to the Board that the plans inadvertently omitted a 2.83-acre geothermal well field to the west of the proposed manufacturing and office building. The Board finds the applicant must revise all relevant plan sheets to show the approved 40.43 acre project boundary, including the geothermal well field. As part of the concurrent combined preliminary and final plat application for the first phase, the applicant is proposing to consolidate the five involved parcels into one 747.9 acre lot. The master plan includes 40.43 acres of the consolidated airport parcel. The creation of this master plan area means this 40.43 acre area shall be reviewed as a PUD independent of the overall airport PUD. These findings reflect only the master plan area. The Board finds the applicant in all cases must meet the standards of the LDR within the master plan area. The applicant has proposed to construct the master plan in four phases: • the blue phase for which they’ve submitted a concurrent preliminary and final plat application and which includes a manufacturing and office building, • the green phase which includes a building containing a childcare use • the purple phase which includes a hanger, pilot training and other commercial use building • the red phase which includes a mixed retail and office building, parking and solar field Aside from the blue phase, the applicant has not proposed an order for the phases. The project involves land within the Airport Industrial zoning district and the Industrial/Commercial Zoning district. A) ZONING DISTRICT TABLES Air-I Zoning District Requirement Air-I Zoning District Proposed I/C Zoning District Requirement I/C Zoning District Proposed  Min. Lot Size1 3 ac 28.9 ac 40,000 sf 11.53 ac  Max. Building Coverage 30 % 21.9% 40% 5.5%  Max. Overall Coverage 50 % 49.1% 70% 43.9% @ Max. Height (flat roof) 35 ft. 45 ft. 35 ft. 40 ft. Requirement Proposed  Min. Front Setback 50 ft. Air-I 30 ft. I/C 47’-2” I/C  Min. Side Setback 35 ft. Air-I 10 ft. I/C 84’-5” Air-I 24’ I/C  Min. Rear Setback 50 ft. Air-I Appx 874’ #MP-21-02 - 3 – 30 ft. I/C Max. Front Setback Coverage 30% 13.0% √ Zoning Compliance @ Waiver requested. See discussion in Section D below. 1. The reported lot sizes represent the portion of the involved 40.43 acre master plan located within each zoning district. The total lot size is 747.9 ac. B) APPROVAL AND AMENDMENT OF MASTER PLAN Pursuant to Section 15.07(D)(3) of the South Burlington Land Development regulations, “any application for amendment of the master plan, preliminary site plan or preliminary plat that deviates from the master plan in any one or more of the following respects, shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended master plan.” As the initial master plan, the review of these standards establishes the parameters for the project. (a) An increase in the total FAR or number of residential dwelling units for the property subject to the master plan; Floor area ratio is defined as follows Floor area ratio (FAR). The allowable proportion of total gross square feet of principal and accessory building area to total lot size. The ratio is an expression of the intensity of development. For example, an F.A.R. of 1.0 would allow one square foot of building area to be constructed for each square foot of lot area; an F.A.R. of 4.0 would allow four square feet of building area for each square foot of lot area. A floor area ratio (FAR) of 1.0 could be a 40,000 square foot building on a 40,000 square foot lot. It could be a 10,000 square foot building on 4 floors or a 20,000 square foot building on 2 floors. An FAR of 0.5 would be a 20,000 square foot building on a 40,000 square foot lot. The applicant’s program represents a FAR of 0.289 based on 509,000 sf of buildings. The purpose of establishing a FAR is to trigger master plan amendment if the proposed program differs substantially from that initially approved, including impacts to municipal services and traffic. The Board approves a higher FAR of 0.304, or a 5% increase in building square footage, in order to allow minor future modifications to the development program without requiring master plan amendment. (b) An increase in the total site coverage of the property subject to the master plan; The applicant’s proposed site coverage is 47.62% overall. The Board approves a higher site coverage of 50%, in order to allow minor future modifications to the development program without requiring master plan amendment. The maximum allowable site coverage in the Air-I zoning district is 50%. Incidentally, 50% is also the coverage that would result from a 5% increase in proposed development. (c) A change in the location, layout, capacity or number of collector roadways on the property subject to the master plan; Relevant definitions from the LDR are as follows. Street, collector. A street that is used or will be used primarily for connecting local street #MP-21-02 - 4 – traffic to the arterial street system. These streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or most recent update. Street, local. A street used primarily for direct access to property and not for through traffic flow. These streets are all those not designated as arterial or collector. The master plan area does not include any collector roadways. Williston Road is defined as an arterial. The Board typically identifies at least one road within a Master Plan as a collector roadway to support review of future master plan amendments, but this application does not include any roadways that would be defined as such therefore the Board finds in this case this criterion is not applicable. (d) Land development proposed in any area previously identified as permanent open space in the approved master plan application; and/or Open space is defined in the LDR as follows. Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation and civic use, working lands, or local food production. Open space must be of a quality and size that supports its intended function or use. Open space specifically excludes streets, parking areas, driveways and other areas accessible to motor vehicles. Open spaces may be common to the development or owned by an organization on behalf of the public. The project is proposing a number of spaces which will not be developed with infrastructure or buildings, to include • Recreation path • Airfield viewing area • Great lawn • Employee terrace and amphitheater • Entry plaza • Sculpture lawn The Board finds that of these spaces, the recreation path, airfield viewing area, great lawn, and employee terrace and amphitheater, except where they are within 10-ft of the proposed office and manufacturing building, shall be considered permanent open spaces, the reduction of which would require master plan amendment. The recreation path must be maintained as open to the public, though it’s exact alignment may vary slightly from that shown on the approved plan as long as it’s general relationship to other features is maintained. (e) A change that will result in an increase in the number of PM peak hour vehicle trip ends projected for the total buildout of the property subject to the master plan. The project is located in the traffic overlay district and would be allowed to generate 1,692 vehicle trips per PM peak hour without mitigation measures. The applicant calculates the project will generate 526 master plan trips. Traffic impacts are discussed below under master plan review criteria (3). The Board approves a higher trip #MP-21-02 - 5 – generation of 553 trips, or a 5% increase in trips, in order to allow minor future modifications to the development program without requiring master plan amendment. C) CRITERIA FOR REVIEW OF MASTER PLANS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the PUD and subdivision standards and conditions: (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 The applicant has obtained preliminary water allocation for 25,900 gpd of water flow, representing the first (blue) phase of the proposed master plan. No statement of capacity to support full-build water demand has been made. The water department reserves any findings concerning additional water supply needed for future phases until the applicant seeks approval as part of a site plan / preliminary plat for the applicable phase. The applicant has obtained preliminary wastewater allocation for 25,900 gpd of wastewater flow, representing the first (blue) phase of the proposed master plan. The applicant estimates that the master plan will ultimately generate 29,000 gpd of wastewater flow. The Director of Public indicated via email on January 14, 2022 that the City would likely have capacity for the additional flows but reserves approval of these additional flow needed for future phases until the applicant seeks approval as part of a site plan / preliminary plat for the applicable phase. The Board finds generally that the sufficient water supply and water supply disposal capacity is available to meet the needs of the project, though detailed review of the water distribution and wastewater collection systems shall be undertaken on a phase by phase basis. (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. The Board finds compliance with this criterion will be considered on a phase by phase basis. (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. The project proposes to reconfigure an existing driveway on Williston Road which is offset from adjoining roadways and driveways. The nearest adjoining intersections are Shunpike Road/Valley Road to the west and Palmer Court/Gregory Drive to the east. Minor roadways at both adjoining intersections have long queuing times. The applicant is proposing to eliminate Valley Road, but retain a secondary access to the site via Aviation Ave and Eagle Drive from the west/north. The applicant provided a traffic impact study dated January 17, 2022 on 1/18/2022 which concludes that a traffic signal is warranted at the proposed site driveway under full-build conditions. Minor increases in delay at nearby signalized intersections are predicted due to the project, while moderate increases in delay (and commensurate decreases in Level of Service) are predicted on the minor roadway at the nearest unsignalized intersections (Palmer Court, Gregory Drive, Shunpike Road and Aviation Ave). #MP-21-02 - 6 – 1. Staff has requested an independent technical review of the updated traffic impact study and anticipates having an update for the Board at the time of the hearing. The applicant is currently working on responses to VTrans comments on this proposed development as part of the Act 250 review process. VTrans has posed a number of questions about the proposed improvements to Williston Road. If the results of that review result in significant modification of the project, the applicant may be required to modify this master plan or the related preliminary and final plat approvals. Pedestrian circulation within the development is proposed via a network of sidewalks and recreation paths, most of which are proposed for construction with the first final plat application (the “blue” phase). The Board finds the provision of sidewalks as supportive of multimodal connectivity within the scope of this project and finds this criterion met [placeholder language for when TIS is deemed satisfactory]. Should a different phase proceed to construction prior to the blue phase, the Board finds compliance with this criterion shall be reevaluated. For the “blue” phase, the applicant is proposing to retain the connection to Valley Road where the north-south segment hits the north-most arch of the parking area. Findings related to this connection are included in concurrent preliminary and final plat decision #SD-21-28. The Board finds this connection shall be removed no later than the “red” phase. (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 Board finds the applicant has minimized wetland and stream impacts through their site layout. The proposed wetland buffer impacts will require DEC review. The Board finds this criterion generally met for the master plan as a whole, though each individual phase will be required to be meet natural resources standards in effect at the time of application. (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. The project is located in the northeast quadrant, whose objectives as stated in the comprehensive plan are to allow opportunities for employers in need of large amounts of space provided they are compatible with the operation of the airport, and to provide a balanced mix of recreation, resource conservation and business park opportunities in the south end of the quadrant. The purpose of the AIR-I zoning district is to provide sufficient land area for the Vermont Air National Guard and Airport-related uses, support facilities, and commercial activities that may be incompatible with general residential or commercial uses. The standards and regulations for the Airport Industrial District recognize the importance of these facilities and uses to the operation of the City and regional economies while providing appropriate setbacks and buffering to offset their impacts on adjacent land uses. The purpose of the IC zoning district is 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. #MP-21-02 - 7 – The Board finds that the proposed master plan compatible with the comprehensive plan and zoning districts. The applicant, importantly, has not requested any setback waivers, which supports the objectives of buffering between airport and industrial uses and adjoining uses. The Board finds that this criterion met for the proposed master plan but finds continued compliance with this criterion shall be evaluated on a phase by phase basis. (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. Establishment of open spaces is discussed above. The Board finds the proposed “Great Lawn” area establishes a valuable transition and connection to the Muddy Brook and adjoining conserved areas and finds this criterion met. (7) 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 Board finds this criterion shall be evaluated on a phase by phase basis. (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. As discussed pertaining to access and circulation above, the Board finds the general layout to be compatible with the extension of services and infrastructure, but recommends details of this criterion be considered on a phase by phase basis. (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. As noted above pertaining to access and circulation, the Board finds the proposal to construct connections to City rights-of-way as part of the first final plat supports compliance with this criterion. The Board finds that concurrent approval of preliminary and final plat application #SD-21-28 will result in this criterion being met for the overall master plan. Should a different phase proceed first, the Board finds compliance with this criterion shall be reevaluated. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Goals of the comprehensive plan are 1. Affordable & community Strong. Creating a robust sense of place and opportunity for our residents and visitors. 2. Walkable. Bicycle and pedestrian friendly with safe transportation infrastructure. 3. Green & clean. Emphasizing sustainability for long-term viability of a clean and green South Burlington. 4. Opportunity Oriented. Being a supportive and engaged member of the larger regional and statewide community. The project is located in the northeast quadrant, whose objectives as stated in the comprehensive plan are to allow opportunities for employers in need of large amounts of space provided they are compatible with the operation of the airport, and to provide a balanced mix of recreation, resource conservation and business park opportunities in the south end of the quadrant. #MP-21-02 - 8 – The Board finds this criterion met. (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. The applicant has prepared a detailed stormwater management plan for the first preliminary and final plat application #SD-21-28. The Board finds compliance with this criterion shall be evaluated on a phase by phase basis. D) REQUESTED WAIVERS AND FINDINGS 1. 15.07D(2) In its approval of a Master Plan, the DRB shall specify the level of review and process required for subsequent applications pursuant to the approved Master Plan provided such procedure is consistent with the intent of these Regulations. The DRB may, for example, specify that final site plan only shall be required for specified portions of a project subject to a master plan, or that a section of a PUD shall be able to be amended with a final plat amendment action. The Board finds the applicant may proceed directly to site plan review for applications which are consistent with the plans presented at master plan and do not involve subdivision of land. Sketch plan is required should the site plan be inconsistent with the findings of this master plan approval, including substantial deviation from the approved plans. 2. 15.07D(5) The DRB may in its findings of fact on the master plan, or its approval of a site plan or preliminary plat pursuant thereto, specify certain minor land development activities (such as but not limited to the addition of decks or porches to dwelling units) that will not require DRB action, and may be undertaken pursuant to issuance of a Zoning Permit. The Board finds the applicant may proceed directly to zoning permit approval for the following items. • PV Solar Equipment subject to local review • Battery Backup Equipment • Assembly Process-related Equipment • Utility Transformers, Pedestals, and associated appurtenances • Electric Aircraft and Car Chargers If they conform to the following limitations: a) A maximum equipment height of 15-ft. b) Located where fully screened from Williston Road and Eagle Drive and where set back at least as far as the nearest adjacent building from the central access drive. c) Equipment must fully comply with the performance standards of LDR Appendix A. These performance standards set numeric standards for vibration, noise, and air pollution amongst others. d) Equipment shall be directly related to the approved use of the building to which it is adjacent. 3. Phasing As previously noted herein, the Board finds the roads and sidewalks in the “blue” phase shall proceed first. Otherwise, the Board finds this master plan shall expire in 10 years if final applications (final plat or #MP-21-02 - 9 – site plan, as required) for development of each of the phases identified herein have not been submitted in that time. There shall be no required timelines within the 10-year period. 4. Parking 14.06B(2)(a) requires parking to be located to the rear or sides of buildings. 14.06B(2)(c) requires for lots with multiple structures that the width of parking at the side of the building be no greater than ½ the total width of buildings. For the master plan as a whole, these requirements are met. However, by advancing the “blue” phase prior to the “red” phase, the applicant creates a situation where parking is located to the front of a building. The “red” is the only phase which results in this criterion being met. The applicant has requested a waiver to allow the parking to be in front of the buildings until the “red” phase is built. 2. 15.02A(4)(c) prohibits the Board for granting waivers for parking not in compliance with 14.06B(2). The applicant has proposed as part of concurrent preliminary and final plat application #SD-21-28 to construct a “recreational amenity” in the space of the “red” phase. 14.06B(2)(b)(v) permits the Board to approve the minimum amount of parking between a public street and one or more building if “the principal use of the lot is for public recreation.” Staff recommends the Board determine whether the proposed amenity space is sufficient to meet the requirements of 14.06B(2), taking into consideration the proposed materials including a “gravel or woodchip path”. If the Board determines this to be acceptable, Staff recommends the Board require the recreational amenity to be constructed concurrently with the first parking in the master plan, unless the first parking otherwise meets 14.06B(2). 5. Dimensional Standard Waivers The requested height waiver is noted above. The applicant has indicated their intent is to use the height waiver on the purple phase. Development in the airport-industrial district is eligible for height beyond 35- feet as follows. (a) The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table C-2. For each foot of additional height, all front and rear setbacks shall be increased by one (1) foot and all side setbacks shall be increased by one half (1/2) foot. (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post-construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights-of-way. (c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, that are taller than normal height limitations established in Table C-2 may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. Such structures do not need to comply with the provisions of subsections (a) and (b) above. Since no elevations or design of the building in the purple phase has yet been provided, the Board declines the height waiver request as part of this master plan but allows the applicant to make the request on a phase by phase basis. #MP-21-02 - 10 – DECISION Motion by _________, seconded by ________, to approve master plan application #MP-21-02 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Show the 40.43 acre project area including the 2.83 acre geothermal well field on all relevant plan sheets 4. The 40.43 acre master plan shall be reviewed as a PUD independent of the overall airport PUD. 5. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer before recording the mylar. 6. The following waivers are granted which shall apply to all subsequent levels of review: a. The applicant may proceed directly to site plan review for applications which are consistent with the plans presented at master plan and do not involve subdivision of land. Sketch plan is required should the site plan be inconsistent with the findings of this master plan approval, including substantial deviation from the approved plans. b. The applicant may proceed directly to zoning permit approval for the following items. o PV Solar Equipment o Battery Backup Equipment o Assembly Process-related Equipment o Utility Transformers, Pedestals, and associated appurtenances o Electric Aircraft and Car Chargers If they conform to the following limitations: a. A maximum equipment height of 15-ft. b. Located where fully screened from Williston Road and Eagle Drive and where set back at least as far as the nearest adjacent building from the central access drive. c. Equipment must fully comply with the performance standards of LDR Appendix A. These performance standards set numeric standards for vibration, noise, and air pollution amongst others. d. Equipment shall be directly related to the approved use of the building to which it is adjacent. 7. The roads and sidewalks within the “blue” phase shall be required to be constructed as part of the first phase to obtain a zoning permit. 8. The connection between the project parking area and the portion of Valley Road to remain in the “blue” phase shall be removed no later than the “red” phase. #MP-21-02 - 11 – 9. This master plan shall expire in 10 years if final applications (final plat or site plan, as required) for development of each of the phases identified herein have not been submitted in that time. There shall be no required timelines within the 10-year period. 10. The applicant must construct the proposed “recreational amenity” as part of the first development phase which involves parking, and may remove the recreational amenity with construction of the building proposed in the “red” phase. The amenity must be open to the public, subject to reasonable restrictions, while it exists. 11. There shall be no use of herbicides or pesticides, nor non-organic fertilizers, within the wetlands or associated 50 foot buffers. 12. There shall be no mowing within 50 feet of the wetlands on the property. Brush-hogging shall be allowed no more than three (3) times per year. 13. Any changes to the preliminary plat or other subsequent level of review that deviate from this master plan in a manner described in Section 15.07(D)(3) shall also require amending the master plan. These thresholds shall consist of: a. Total FAR or number of residential dwelling units for the property: FAR of 0.304 b. Total site coverage of the property subject to the master plan: Maximum total site coverage of 50%. In addition, the applicant must not exceed the maximum allowable site coverage of 50% in the Air-I zoning district or 70% in the I/C zoning district. c. Location, layout, capacity or number of collector roadways on the property: The project does not contain any collector roadways. d. Land development proposed in any area previously identified as permanent open space: As depicted on the “Master Plan Open Space Location” exhibit, and with the following deemed to be “permanent open space”: the recreation path, the airfield viewing area, the great lawn, and the employee terrace and amphitheater, except where they are within 10-ft of the proposed office and manufacturing building. The recreation path must be maintained as open to the public, though it’s exact alignment may vary slightly from that shown on the approved plan as long as it’s general relationship to other features is maintained. e. A change that will result in an increase in the number of PM peak hour vehicle trip ends projected for total buildout: 553 PM peak hour trip ends. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present James 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 __________________ 2022, by #MP-21-02 - 12 – _____________________________________ 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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- 951-1740 or https://www.vermontjudiciary.org/environmental 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.