Loading...
HomeMy WebLinkAboutAgenda 08_SD-22-04_119 Tilley Dr_UVMMC 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: #SD-22-04 119 Tilley Drive – Sketch Plan Application DATE: May 4, 2022 Development Review Board meeting Sketch plan application #SD-22-04 of UVM Medical Center to construct a one and a half story 84,000 sf medical office with associated parking, equipment and stormwater treatment on an existing undeveloped 13.5 acre lot, 119 Tilley Drive. The Board held a hearing on this application on April 5, 2022. At that hearing, the applicant provided a thorough presentation of the planned project. The Board then reviewed some of the provided staff comments, through Staff comment #8 of 11, and continued the hearing to the remainder of the staff report. For this continued hearing on May 4, 2022, Staff recommends the Board review the remaining Staff comments #9 through 11, and then go back and provide feedback on the project in totality. The Board’s feedback on comments #1 through 8 is summarized below. Staff Comment #1: Regarding to the need for a master plan. The applicant proposes to permanently conserve the undeveloped portion of the site, therefore sunsetting it’s development potential and obviating the need for a master plan. Staff Comment #2 & #3: Regarding the site layout resulting in wetland impacts. The Board provided the feedback that the applicant needed to revise the site to reduce wetland impacts or more thoroughly substantiate their assertion that the proposed impact represents the minimum feasible. Staff Comment #4: Regarding reservation of land for the roadway identified on the Official Map. The applicant testified that they believe the reservation of land on Lot 2 obviates the need to evaluate whether the roadway shown on the Official Map is feasible from a wetland impact perspective. Staff notes the important distinction that the City has no rights to the land on Lot 2; it has simply been indicated on the 2004 record plans subdividing Lot 2 as “Proposed Future Interstate Off Ramp” and on a plat recorded in the Land Records on June 23, 2021 as “Planned 100 Foot Wide Right of Way (I-89 Off Ramp).” Staff Comment #5 & #6: Regarding connections to Official Map roadway. These comments referred to the connection across the rear of the subject property to the Official Map roadway, and the connection of the subject property to the Official Map roadway. The applicant proposes to make these connections towards the rear of the site. Staff Comment #7: Regarding traffic patterns. The applicant provided a description of traffic patterns in their initial presentation on the project. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov Staff Comment #8 Regarding traffic study technical review. The Board invoked technical review of the applicant’s traffic study. Staff will provide the traffic study to a consultant and obtain applicant approval for the estimated cost of review as soon as it is available. Respectfully submitted, Marla Keene, P.E. Development Review Planner SD-21-24 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-22-04_119 Tilley Dr_UVMMC_2022-04-05.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: March 25, 2022 Application received: February 8, 2022 119 Tilley Drive - UVMMC Sketch Plan Application #SD-22-04 Meeting Date: April 5, 2022 Owner Pizzagalli Properties, LLC 462 Shelburne Road, Suite 101 Burlington, VT 05401 Applicant UVM Medical Center c/o Dave Keelty 199 Main Street, Suite 150 Burlington, VT 05401 Property Information Tax Parcels 1718-00047.B Industrial & Open Space Zoning District, Transit Overlay District, Traffic Overlay District, Env. Hazard-potential wetlands Parcel size: 13.53 acres Contact Gail Henderson-King White + Burke 40 College Street, Suite 100 Burlington, VT 05401 Location Map SD-21-24 PROJECT DESCRIPTION Sketch plan application #SD-22-04 of UVM Medical Center to construct a one and a half story 84,000 sf medical office with associated parking, equipment and stormwater treatment on an existing undeveloped 13.5 acre lot, 119 Tilley Drive. PERMIT HISTORY Historically, the subject property is known as “Lot 6.” Lot 6 was created as part of the PUD which created the 1-acre lot currently occupied by the Red Barn Deli. That PUD also created Lot 7, which was later merged back into Lot 6 in SD-10-04, creating the Lot 6 as it stands today. The current LDR does not allow for a PUD of this type, therefore this application must be considered as a site plan despite it historically being part of a PUD, though under draft regulations being soon considered by City Council, the project may choose to be an elective PUD. The Tilley Drive area is also subject to an additional PUD of Lots 1 – 5, which includes all lots east of Lot 6 and north of Tilley Drive. Lot 6 and the adjacent Lot 2 to the east are under common ownership. This project proposes discharge of stormwater via a piped outfall on Lot 2. The official map includes two planned roadways in the Tilley Drive area, one extending north from Tilley Drive to the O’Brien property to the north and one extending east from the existing cul-de-sac on Tilley Drive to Community Drive. The DRB recently reviewed projects that addressed each of these connections, the north connection with the O’Brien Eastview approval (preliminary plat #SD-20-40) and the east connection with the OnLogic approval (final plat #SD-21-26 & site plan #SP-21-046). Both of those projects accommodated the planned roadway connections as required in the LDR1. The O’Brien Eastview approval is discussed further in this report. COMMENTS Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner, hereafter referred to as Staff, have reviewed the plans submitted by the applicant and offer the following comments. NOTE: As this is a Sketch Plan review, only criteria relevant for review at this stage are addressed. Numbered items for the Board’s attention are in red. A) MASTER PLAN REQUIREMENTS 15.B.02(A) Required Approval. Master plan review and approval by the DRB is required prior to preliminary subdivision review under Article 15.A, or site plan review under Article 14, as applicable, for: (5) The DRB may also require the submission of a Master Plan for any tract or parcel of land where there exists clear potential for future growth and development beyond that presented in an application, as necessary to establish physical and functional connections between areas of proposed and potential future development. This is a new requirement under the LDR adopted February 7, 2022. The applicants plan includes about 1 Further notes on the planned north-south roadway: The City is working with the State Department of Environmental Conservation, including the wetlands division, on connectivity from Tilley Drive towards Kimball Avenue and Williston. The DEC has indicated they intend to closely review impacts of each official map connection. Presumably, official map connections would be permitted one at a time when sufficient need is demonstrated through a traffic study. SD-21-24 2/3 of the total development area of the site. Staff considers that future development potential of the property exists, and therefore a master plan may be required to establish connections between areas of proposed and potential future development. 1. If the applicant wishes to conserve the remainder of the site as permanent open space, Staff considers a master plan may not be required, otherwise a master plan should be required. Staff recommends the Board discuss with the applicant. If the Board determines a master plan is required, Staff considers this sketch plan may be allowed as the sketch plan for the master plan. Prior to concluding the sketch plan meeting, the plan should be revised to demonstrate how the proposed development will interface with the area reserved for potential future development. In the case of a master plan, the applicant may combine the application for site plan review with the application for master plan review. B) ACCESS AND CIRCULATION The applicant has proposed a single point of access on the western boundary of the site, via a shared driveway with the Red Barn Deli. Staff considers there are a number of reasons supporting the project being redesigned with the access to the east of the property. Both the existing Matri Health Care to the east and the existing Red Barn Deli to the west were designed with shared driveways to accommodate future growth on Tilley Drive. Applicable standards include the environmental protection standards of Article 12 and standards pertaining to access to abutting properties. Environmental Protection Standards The property includes a large area of Class III wetland. The applicant has not provided information on the size of the wetland, but Staff assumes it is larger than 5,000 sf and therefore wetland protection standards of 12.05 apply. Staff notes additional information, including field delineation and wetland report, is required at the next stage of review. Development in a Class III wetland and associated 50-ft buffer is generally prohibited and is required to be left in an undisturbed, naturally vegetated condition. The following activities are permissible. (a) Restricted Infrastructure encroachment (b) Temporary impacts (c) Underground Utilities Restricted infrastructure encroachment is defined in 12.02. It may include private driveways if they are designed to minimize disturbance of the natural resources. If the applicant wishes to apply for restricted infrastructure encroachment, they must demonstrate it meets one of the following criteria. (1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards, and/or necessary for the protection of the public health, safety and welfare; (2) Is for a functionally dependent purpose or use; (3) Is a part of an Environmental Restoration Project; (4) Is on the Official Map; (5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area; or (6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an approved use. Restricted infrastructure encroachment for street and driveway crossings not on the official map may be allowed only upon determination by the Board that all the following standards are met. SD-21-24 (a) There is no feasible alternative for providing safe access to the developable portion of the property; (b) Alternative accesses through adjacent properties have been considered and, where fewer or no constraints exist, property owners have been contacted to discuss locating the street or driveway on the adjacent property; (c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic hardship; (d) The area served by the encroachment represents more than thirty (30) percent of the total developable land on the parcel; (e) The encroachment represents the least possible impact to the specific resource (e.g., location with least adverse impact, designed to minimize disturbance of the resource). (f) Roadway paved surfaces shall be no wider than necessary for the intended functional road classification for the roadway and in no case shall the roadway paved surfaces be wider than 24 feet; (g) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage. These standards are intended to represent a high bar for wetland and wetland buffer encroachment. In addition to the provisions for Restricted Infrastructure Encroachment, 12.06F(1)(d) allows an applicant to request modification of wetland standards for development in a Class III wetland exceeding 5,000 square feet in area and associated buffer within all zoning districts. The Development Review Board may grant a modification from the wetland standards only if a modification application meets all of the following standards: (a) The modification shall be the minimum required to accommodate the proposed development; (b) The proposed development will not have an undue adverse effect on the planned character of the area, as defined by the purpose statement of the zoning district within which the project is located, or on public health and safety; (c) The proposed development will not have an undue adverse effect on the ability of the property to adequately treat stormwater from the site; and, (d) The proposed development will not have an undue adverse effect upon specific wetland functions and values identified in the field delineation. Staff considers that a reasonable alternative to access the rear portion of the site exists on the adjoining lots to the east, including an existing driveway with a 60-ft easement to the benefit of Lot 2 (as noted above, under common ownership with the subject property) and a planned street on the official map, therefore the project may not be eligible for either a restricted infrastructure encroachment or a modification of standards. 2. Staff recommends the Board discuss with the applicant locating the site access to the east in order to eliminate natural resource impacts. If the Board ultimately permits a driveway impact to the wetland and wetland buffer, the encroachment must represent the least possible impact. The applicant has both a driveway and a drop-off area in the wetland and buffer. 3. Staff considers discussion of minimizing these impacts is necessary if the Board entertains permitting a restricted infrastructure encroachment. 4. The Board should direct the applicant to provide a wetland delineation on Lot 2 in the location of the planned future roadway in order to determine if any part of the future roadway must be accommodated on the subject property (again, in common ownership with Lot 2) or if it may be permitted on Lot 2. Provision of roadways on the official map is a requirement of LDR 15.A.11C and SD-21-24 15.A.14B. Whether the lands are developed or conserved, sufficient space for the future roadway must be retained if the future roadway cannot be accommodated on Lot 2. Access to Abutting Properties 14.07G states the following 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. 13.02F states that the intent of the City is to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. It goes on to require all commercial lots located adjacent to other commercial lots to provide a driveway connection to any adjacent commercial lot. The property is located immediately south of the O’Brien Eastview development (preliminary plat approval #SD-20-40), in which the Board required two roadway connections to the south, labeled A and B on the below markup of the O’Brien Eastview plan. The Board should direct the applicant, in their site plan and master plan if required, to provide connections to both locations A and B, as follows. The roadway originating at location A is intended to cross east to connect to the north-south roadway on the official map. As the Board may recall, this was the alternative accepted by the Board in SD-20-40 to provide a connection between the residential and commercial sections of O’Brien Eastview in order to accommodate steep slopes. SD-21-24 5. The Board should direct the applicant to provide a 50 or 60-ft ROW on the subject property (dimension to be determined based on development plan for the northern portion of the parcel) from the O’Brien roadway to the planned north south roadway in a location that is viable given the topography. If master plan is required, it should include the roadway connection. The north-south connection originating at Location B and extending across Lot 2 to Tilley Drive is approved for a recreation path as part of the O’Brien Eastview project and is on the official map as a planned road connection. 6. Staff recommends the Board should direct the applicant to provide a driveway connection from the site to the north-south official map roadway. Staff notes that if the site were accessed via the east, this objective would be addressed. Traffic Safety & Trip Generation 7. Further pursuant to access and circulation, Staff recommends the Board discuss with the applicant what the general traffic patterns will be for the site. The applicant has provided a loading dock. Does the applicant’s proposed site configuration minimize conflicts between passenger vehicles, larger vehicles, and pedestrians? Medical office is a generally high trip-generating use. However, the applicant’s intention to use this site as a surgical center may result in a different traffic pattern. Using a standard medical clinic calculation from ITE 10th edition, the project would generate 174 trips. 8. Since this is a large number of new trips, and since the applicant may instead opt to use site-specific studies to estimate trip generation, Staff recommends the Board invoke third-party technical review of the applicant’s traffic study, including traffic safety, at this time to enable it to be fully reviewed prior to the site plan hearing. C) SETBACKS AND BUFFERS Both 3.06 and 14.06B contain provisions requiring buffering of adjoining properties, as follows. 3.06I. Setback and Buffer Strip Adjacent to Residential District Boundaries. (1) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building located wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan or Planned Unit Development. (2) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback in subsection (a) shall be installed and landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. 14.06B. 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 Planning Commission has approved an amendment that encourages the Board to consider privacy of SD-21-24 adjoining properties in their review of 14.06B. The property adjoins the R1-PRD zoning district to the north and west. The Board may permit uses within the setback and buffer defined in 3.06J if the buffering and screening provides equivalent buffering to the required setback and buffer. The applicant had, during discussion with Staff, indicated that they may be interested in including a looping recreational path along the west side of the property. 9. Staff recommends the Board discuss with the applicant what a setback and buffer containing a recreational path might look like were it designed in a way to meet the applicable regulations. D) ACCESSORY STRUCTURES, USES AND EQUIPMENT The applicant is proposing a number of pieces of large equipment, including chillers, an “oxygen farm” and a generator. The applicant has provided sample photos of each of these pieces of equipment. A number of sections of the LDR are potentially applicable. Generally, the standards of 13.08 (Outdoor Storage), 13.04 (Landscaping) and 13.12 (Utility Cabinets and Similar Structures) require screening and require utilities and equipment to be at least 5-ft from adjacent property lines. LDR 3.10, pertaining to accessory structures and uses, requires them to be located to the side or rear of a structure. Since the official map requires a roadway on the adjacent lots to the east, Staff recommends the Board consider the eastern property line a front for the purpose of accessory structure placement and require any accessory structures to be to set back behind the eastern face of the building. 10. Staff recommends the Board discuss with the applicant what placement and screening would be considered adequate for the proposed equipment. E) ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS Dimensional requirements appear to be met. A portion of the lot is in the Traffic Overlay district. However, this project would not be subject to the traffic overlay district regulations because the lot does not have access in the traffic overlay zone. Transit Overlay and Connection to Street The project is located in the Transit Overlay District. Medical office is only allowed in this district if it is connected by a public sidewalk or recreation path to a public roadway identified as a transit route on the Transit Overlay District Map in a direct (ie generally shortest distance from the use to the roadway) manner. Tilley Drive is a transit route therefore the project must be directly connected to Tilley Drive by a sidewalk or recreation path. There is no direct statement requiring that an entry face the street in the present LDRs in this zoning district. However, Staff considers a street facing entry would support demonstration that the following related standards are met when taken together.  14.06A(1): Relationship of Proposed Structures to the Site. 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 Planning Commission has held a public hearing on amendments to the LDR to better define this standard. The draft language includes improving and enhancing pedestrian connections and walkability, and establish a street facing orientation.  14.06A(2): Parking: 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. SD-21-24  14.06C(2): Relationship of Structures and Site to Adjoining Area….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.  10.04A: It is the purpose of the Transit Overlay District to provide for a safe, compact, and efficient land use pattern that supports regular fixed-route transit service, pedestrian and bicycle infrastructure. Certain land uses may be permitted only within the Transit Overlay District, or be permitted outside the District subject to conditions. Other incentives or requirements that complement a multi-modal environment may also be established. 11. Staff recommends the Board direct the applicant to include a front or corner-facing entry, as the existing standards support this configuration, standards likely to be in effect at the time of application will state this more strongly, and the site configuration supports this layout. F) OTHER – ADA The applicant requested confirmation from the Board that they will permit handicapped accessible parking to be located to the front of the building. LDR 14.06B(2)(b)(i) permits the Board to approve the minimum parking necessary between a public street and one or more buildings if the parking area is necessary to the meet minimum requirements of the Americans with Disabilities Act. Staff recommends the Board discuss with the applicant whether the provided front parking represents the minimum necessary. G) OTHER – ENERGY STANDARDS Staff draws the applicant’s attention to the requirement that all new commercial buildings meet the Commercial Building Energy Standards (CBES) Stretch Code AND the standards of Appendix CA – Solar Ready Zone – of the CBES pursuant to Section 3.18 of the LDR. This can be addressed at the site plan stage of review. RECOMMENDATION Staff recommends the Board discuss the project with the applicant and conclude the meeting. Respectfully submitted, Marla Keene, Development Review Planner EVEVWPERMIT REVIEW ONLYPROJECT:ORIG SUBMISSION:CURRENT:SHEET TITLE AND NUMBER:DATEDESCRIPTION∆02/07/2022ARCH NAMEC-2.0SCHEMATIC EXISTINGCONDITIONS SITE PLANxxxx.xx.xxOUTPATIENT SURGERY CENTER ARCH ##UVM HEALTH NETWORK LOT 6; TILLEY DRIVE SOUTH BURLINGTON, VT 05403 CIVIL ENGINEERINGKREBS & LANSING164 Main St.802-878-0375Structural EngineeringEngineering Ventures, PC208 Flynn Ave.Suite 2A802-863-6225MEP EngineeringConsulting Engineering Services811 Middle StreetMiddletown, CT 06457860-632-1682Landscape ArchitectureWagner Hodgson7 Marble AvenueBurlington, VT 05401802-864-0010Sustainability ConsultantThornton Tomasetti14 York StreetSuite 201207-245-6066888.781.8441 © 2021 E4H - Environments For Health, LLC e4harchitecture.com 185 Talcott Rd, Williston, VT 05495802.878.8841FOR COORDINATION ONLYNOT FOR CONSTRUCTION2021073 / KL project # 21202 Colchester, Vt. 05446 TYPICAL TRANSFORMER6'L x 6'W x 6'H TYPICAL AIR-COOLED CHILLER 53'L x 7'-6"W x 9'H ea. (2 units) UVM Medical Center Outpatient Surgery Center Sketch Plan Application Site MEP Equipment TYPICAL FUEL CELL25'L x 10'W x 10H TYPICAL GENERATOR28'L x 12'W x 12'H UVM Medical Center Outpatient Surgery Center Sketch Plan Application Site MEP Equipment TYPICAL OXYGEN FARM24'W x 20'D x 15'H (tank height) UVM Medical Center Outpatient Surgery Center Sketch Plan Application Site MEP Equipment 1 The UVM Medical Center Outpatient Surgery Center Project City Sketch Plan Application Project Narrative February 7, 2022 I. Background The UVM Medical Center is planning to construct a new Outpatient Surgery Center (OSC) in order to replace the surgical capacity formerly available at the Fanny Allen Campus and handle a wider and more sophisticated variety of surgical procedures and increased projected future surgical volume anticipated over the next 10 years. Full replacement of the Fanny Allen facilities has been part of UVM Medical Center’s Facilities Master Plan for some time as Fanny Allen facilities are undersized, outdated, and cannot be efficiently or effectively renovated. Rather, they must be replaced with operating rooms (ORs) that support outpatient surgery today and in the future. As new technologies and techniques permit us to perform more types of procedures in an outpatient setting, outpatient surgery centers must be designed to accommodate these procedures. Due to the age and footprint of the Fanny Allen building, it could not be renovated to increase OR square footage or incorporate the mechanical equipment needed to support increased air flow. This proposed OSC facility will be designed to increase clinical team efficiency to maintain patient access in a challenging health care labor market. II. Outpatient Surgery Center Project Description The Building Site The proposed OSC will be located on Lot #6 of the Mountain View Business Park on Tilley Drive in South Burlington. The lot is approximately 13.5 acres with a protected Green Mountain Power (GMP) and Champlain Water District easements running east-west bisecting the building lot. Municipal water and sewer, and electrical power services are all available at this site. Access to the site is via Tilley Drive at the existing curb cut. UVM Medical Center has worked in collaboration with the Special Services Transportation Agency (SSTA) to ensure that patients have access to consistent, affordable, and reliable public transportation to access Tilley Drive health care services. The Building The building will be approximately 84,006 sf of space that includes the main building at ground floor main level and a partial basement at the lower level. The ground floor main level will provide twelve new operating rooms with as adjacent pre-surgery and post-operative recovery The UVM Medical Center Outpatient Surgery Center Project City Sketch Plan Application Project Narrative February 7, 2022 2 spaces. Convenient patient access features include a covered drop off area with a separation of ingress and egress paths for arriving and departing patients. A registration area with an adjoining waiting room will be provided immediately inside the building entrance. Discharged patients will leave through a discrete exit. The partial basement lower level will contain central sterilization and processing, mechanical and electrical rooms, shipping and receiving / loading dock, and environmental service equipment room. The site design incorporates a total of 270 onsite parking spaces located on the west and north sides of the building. The existing windmill will be relocated in a parking island. There are landscaping elements around the building, along the driveway to screen the site from abutting properties, and at parking islands. In addition, two elevated berms provide additional screening near abutting residential properties. A small exterior patio with outside seating located adjacent to family waiting which will be accessible through an exterior entrance door. A staff outdoor area is located on the northern side of the building. A future overlook with connection to a City multi-use path to the east is shown on the northern end of the site. Loading docks and MEP equipment are located on the northeastern side of the building and site at a much lower grade than the parking and abutting residential properties. Stormwater runoff will be collected and sent to gravel wetlands located on the eastern side of the site. III. City LDR Review Below is the zoning information along with project information based on the draft LDRs dated 2022-01-18. Zoning Information for Site Lot size: 13.53 acres Lot access: Tilley Drive Zoning District: Industrial and Open Space IO Overlay Districts: Transit Overlay District: Tilley Drive is designated as a transit route. A use shall only be allowed where a public sidewalk or rec path connects the use to a public roadway identified as a transit route. Sidewalks exist on Tilley Drive. Proposed Use: Medical Office – permitted use Lot Dimensional Standards Setbacks Minimum front yard setback: 50 feet √ The UVM Medical Center Outpatient Surgery Center Project City Sketch Plan Application Project Narrative February 7, 2022 3 Minimum side yard setback: 35 feet √ Minimum rear yard setback: 50 feet √ Setback between non-residential uses adjacent to Residential District boundaries: 65 feet √ This Lot is considered a corner lot – located at the intersection of 2 or more existing or planned streets. A corner lot shall have 2 front yards and 2 side yards and no rear yard. Building Height: Principal (flat) 35’ √ LDR Items for Review We have identified several items in the draft City LDRs that we are looking for DRB input and confirmation on how these would be handled under Site Plan review to this project. These items are listed below. 1. Master Plan Review  The proposed OSC project will not be phased. The entire building and parking will be built all at once.  Lot 6 is part of a 2 lot subdivision (Tilley 3 subdivision – created 2 lots) approved in 2010. In addition, it is part of several subdivision approvals. Estate of Russell Tilley subdivision plat from December 9, 2004 and Tilley III Subdivision approved October 10, 2008.  Lot 6 received Site Plan and PUD approvals in 2010 and 2012. The PUD approval was required for the use: medical office. This project was never built, and these approvals have since expired.  The draft LDRs no longer require PUD approval for medical office use in the IO District.  According to Section 15.B.02 Applicability of Master Plan Review, the following is required for approval: - Any major subdivision involving 4 or more acres. - Any site development proposed to occur over 2 or more phases, or 3 or more years. - A Planned Unit Development. - Multiple structures on a single-user lot. The UVM Medical Center Outpatient Surgery Center Project City Sketch Plan Application Project Narrative February 7, 2022 4 - The DRB may also require the submission of a Master Plan for any tract or parcel of land where there exists clear potential for future growth and development beyond that presented in an application.  As noted above, this project is not phased. There is only one structure proposed for this site with no future structures or development proposed. The lot is part of a subdivision but does not need major subdivision or PUD approval. Therefore, the OSC project does not meet the requirements for Master Plan Review. We are looking for confirmation that Master Plan Review will not be required for this project. 2. Traffic Overlay District  This project will have a driveway connection onto Tilley Drive. Tilley Drive is not specifically located in the Traffic Overlay District, but the text in Section 10.01 Traffic Overlay District Traffic Zone 3 notes: "Zone 3 regulations only apply to parcels with private driveways or cul-de-sacs." It is unclear if this refers to just private cul-de-sacs or public cul-de-sacs. However, Tilley Drive is a cul-de-sac. In the previous approval of Lot 8 (Red Barn Deli) in January 2020, the DRB found that while the property is located within the Traffic Overlay Zone 3, ” Zone 3 regulations only apply to parcels with private driveways or culs-de-sac. The applicant is proposing to access this property via Tilley Drive. The street which is subject to the Traffic Overlay Zone regulations is Hinesburg Road. The Board finds the Traffic Overlay District regulations do not apply to this project because it is accessed from Tilley Drive.” Because the proposed development is accessed from Tilley Drive, we are looking for confirmation that the Traffic Overlay District regulations would not apply. 3. Wetlands  There are two small Class III wetlands located on the site. Wetland A is under 5,000 sq. ft. and is not regulated by the City as noted in Section 12.06 Wetland Protection Standards. Wetland B is over 5,000 sq. ft. and is regulated by the City.  Development in Class III wetlands and associated 50 ft buffers are generally prohibited with a few exceptions as noted in Section 12.06 Wetland Protection Standards. One exception allowed is an applicant can seek approval to bifurcate a Class III wetlands or The UVM Medical Center Outpatient Surgery Center Project City Sketch Plan Application Project Narrative February 7, 2022 5 buffers exceeding 5,000 sq. ft. for a restricted infrastructure encroachment (private driveway crossings) as long as it meets one or more qualifying criteria in Section 12.02.C Restricted Infrastructure Encroachment and according to Section 12.06.D and 12.06.F Wetland Protection Standards shall be no wider than 24’ and proposes appropriate mitigation such as reduction or elimination of curbing and installation of cross culverts to enable wildlife passage.  The proposed roadways and sidewalks crossing Wetland B and its buffer meet this requirement. The proposed access drive provides safe access from Tilley Drive to the site through a shared access with Lot 8 known as the Red Bard Deli site that was previously approved with this connection in mind. We believe the proposed roadways and sidewalks impacting Wetland B would qualify as a restricted infrastructure encroachment.  The cantilever of the drop off building canopy at the front entry is within the Wetland B buffer though not physically touching it. The drop off building canopy does not have any columns associated with it. The drop off building canopy is above the proposed project access driveway. The access driveway physically impacts the Wetland B and its buffer. There is a provision to request a modification in writing to the DRB from the rules for development in a Class III wetland exceeding 5,000 square feet within all districts as noted in Section 12.06 F. It seems the DRB can consider the Class III wetlands impacts and would be reasonable as it meets the modification standards in this Section and is not physically touching the wetlands. We are looking for the DRB’s input and confirmation that these Class III wetlands impacts for the proposed roadways and sidewalks can be handled as restricted infrastructure encroachment and the proposed cantilevered building canopy can be addressed under the request for a modification. 4. MEP (Mechanical, Electrical, and Plumbing) Equipment  The oxygen tanks, chillers, generator, transformer, and fuel cell are all necessary MEP mechanical equipment for the OSC project.  In Article 2 Definitions, there is nothing clear that refers to MEP equipment. In the definition of Accessory structure or building, it refers to “utility cabinets that meet the The UVM Medical Center Outpatient Surgery Center Project City Sketch Plan Application Project Narrative February 7, 2022 6 requirements of Section 13.18 shall not be considered accessory structures.” However, there is no Section 13.18 in the regulations. In the definition of Structure, it refers to utility sheds. The MEP equipment are not utility sheds. The MEP equipment does not meet the definition of Utility, private or public either. In the definition of utility cabinet, it refers to electric infrastructure which would cover the transformer. In Section 13.12 Utility Cabinets and Similar Structures, the DRB may grant site plan approval under this section. When reviewing the specific standards in this section, it refers to utility cabinets and similar structure serving public utilities, which is not the case for this project. The necessary MEP equipment for this project do not fit the definition of a private utility, utility cabinet, or an accessory structure. With the regulations not specifically addressing MEP equipment, we are looking for DRB guidance on how these MEP mechanical equipment can be handled under the site plan application. 5. Handicapped Accessible Parking in Front Yard  There are proposed handicapped accessible parking spaces shown surrounding the front entrance to the OSC building. This is necessary to meet the needs of the patients who will be accessing this facility. Due to the physical limitations of Class III wetlands to the west of the building, several of these handicapped accessible parking spaces are located within the front yard.  There is a provision in Section 14.06 General Review Standards, A. Relationship of Proposed Structures to the Site, (2)(b) Parking states the DRB may approve parking located between a public street and a building if it finds that it meets one of more of 7 criteria. One of the criteria in this section states: (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act. It that the DRB shall approve only the minimum necessary to overcome the conditions. The proposed parking in this location is needed to provide handicapped accessible parking close to the front entrance to the OSC. We are looking for DRB confirmation that this would be applicable for the proposed handicapped accessible parking within the front yard.