HomeMy WebLinkAboutSP-22-024 - Decision - 0430 da Vinci Drive#SP-22-024
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BETA AIR, LLC
430 DA VINCI DRIVE - #SP-22-023
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-024 of Beta Air, LLC for a portion of the next phase of a previously approved
40.43 acre master plan for a 344,000 sf manufacturing and office building, a 37,800 sf office and retail
building, a 15,600 sf commercial building, and a 85,000 sf flight instruction and airport use building. The
project consists of a 23,625 sf hangar, which represents a portion of the 85,000 sf flight instruction and
airport use building, 430 da Vinci Dr.
The Development Review Board held a public hearing June 21 and July 6, 2022. Art Klugo, Chris
Gendron, Joel Paige, Jeff Hodgson, Carolyn Orben, and Larry Lackey represented the applicant. Board
member Stephanie Wyman was recused from this application and did not participate in the 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. This project consists of Site Plan application #SP-22-024 of Beta Air, LLC for a portion of the next
phase of a previously approved 40.43 acre master plan for a 344,000 sf manufacturing and office
building, a 37,800 sf office and retail building, a 15,600 sf commercial building, and an 85,000 sf
flight instruction and airport use building. The project consists of a 23,625 sf hangar, which
represents a portion of the 85,000 sf flight instruction and airport use building, 430 da Vinci
Drive.
2. The Board approved master plan #MP-21-02 for a master plan development, of which this application
represents a portion of the “purple” phase, identified in the master plan as a hangar, pilot training and
other commercial use building.
3. The project is part of the approved 40.43 acre master plan area PUD which is reviewed independently
of the overall airport PUD.
4. The owner of record of the subject property is the City of Burlington.
5. The application was received on 5/12/2022.
6. The plans submitted consist of the following:
Sheet No Plan Description Prepared by Last Revised
Date
C0.0 Title Sheet Scott & Partners & Studio III 02/11/2022
C-001 Location Plan Scott & Partners & Studio III 04/22/2022
C-002 Existing Conditions Plan Stantec 02/14/2022
C-003 Demolition Plan Stantec 02/11/2022
C-101 Site Plan Stantec 02/11/2022
C-102 Utility Plan Stantec 02/11/2022
C-111 Grading Plan Stantec 02/11/2022
#SP-22-024
C-211 & C-212 Storm Plan and Profile Sheet Stantec 02/11/2022
C-221, C-222 &
C-223
Sewer Plan and Profile Sheet Stantec 02/11/2022
C-231, C-232 &
C-233
Water Plan and Profile
Sheet
Stantec 02/11/2022
C-501 & C-502 Civil Details Stantec 02/11/2022
C-511, C-512 &
C-513
Storm Details Stantec 02/11/2022
C-521 Water and Sewer Details Stantec 02/11/2022
C-601 ESPC Pre-Construction Plan Stantec 02/11/2022
C-602 ESPC Construction Plan Stantec 02/11/2022
C-603 ESPC Final Plan Stantec 02/11/2022
C-605 ESPC Notes Stantec 02/11/2022
C-606 & C-607 ESPC Details Stantec 02/11/2022
L-100 Layout & Materials Plan Wagner Hodgson 02/11/2022
L-200 Planting Plan Wagner Hodgson 02/11/2022
L-201 Color Rendered Site Plan Wagner Hodgson 02/11/2022
L-202 Site Amenity Plan Wagner Hodgson 06/23/2022
L-300 Landscape Details Wagner Hodgson 02/11/2022
SE1.1 Overall Electrical Site Plan Pearson & Associates 02/11/2022
SE1.2 Enlarged Electrical Site Plan Pearson & Associates 02/11/2022
SE1.3 Site Photometric Plan Pearson & Associates 02/11/2022
SE1.4 Site Lighting Cutsheets Pearson & Associates 02/11/2022
A2.0 Floor Plan Scott & Partners/Studio III 02/11/2022
A2.1 Mezzanine Elevation Plan Scott & Partners/Studio III 02/11/2022
A2.3 Roof Plan Scott & Partners/Studio III 02/11/2022
A4.0 Building Elevations Scott & Partners/Studio III 02/11/2022
A5.0 Building Section Scott & Partners/Studio III 02/11/2022
A5.1 & A5.2 Rendered Elevations Scott & Partners/Studio III 02/11/2022
A5.3 Building Perspectives Scott & Partners/Studio III 02/11/2022
A7.0 Dumpster Enclosure Details Scott & Partners/Studio III 02/11/2022
SK-001 Site Plan Sketch Stantec 06/20/2022
SK-002 Long-Term Bike Storage
Details
Scott & Partners/Studio III 06/17/2022
A) MASTER PLAN CONDITIONS
1. 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.
This project does not involve subdivision of land. The Board finds this site plan to be consistent
with the plans presented at master plan, with the exception of phasing discussed below.
b. The applicant may proceed directly to zoning permit approval for the following items.
#SP-22-024
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.
The project exceeds these thresholds and is being reviewed as a site plan.
2. 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.
This phase is under construction. The Board finds that no certificate of occupancy shall be issued for
the work requested in this application until such time as the portion of the roads and sidewalks
within the “blue” phase are completed between Eagle Drive and Valley Road. Completion for the
purpose of this finding shall not include installation of the top course of pavement. The portion of
the roads and sidewalks south of Valley Road are within the construction area associated with the
blue phase building and will be completed prior to issuance of a certificate of occupancy for that
building.
3. 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.
The Board finds this condition to be not relevant at this time.
4. The applicant must update the traffic study with each phase of the master plan after the phase
associated with concurrent application #SD-21-28, both to evaluate the signal warrant and the trip
generation.
The applicant has prepared a supplemental traffic assessment dated May 11, 2022 to evaluate the
signal warrant and trip generation as required by this finding. The assessment concludes that the
proposed project will generate 24 PM peak hour trips and will not result in the signal being
warranted at da Vinci Drive. That Board finds that since this applicant represents only a portion of
the master plan-approved building for this phase (see discussion below under phasing), the
applicant will be required to update the traffic study for future development within this master plan
phase.
5. 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.
#SP-22-024
The master plan was approved on March 22, 2022. The Board finds this condition to be met for the
current application.
6. Until such time as the red phase is constructed, the applicant may only build the portion of the
parking which is to the side or rear of the existing building (3060 Williston Road) to remain until
the red phase is constructed and which is less than ½ the total building width along the street
frontage.
The proposed parking is to the side or rear of the currently proposed building. The Board finds this
criterion met.
7. 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: The master plan
approved a FAR of 0.304. The applicant has not provided an updated FAR. However, since
the proposed building falls generally within the approved “purple” phase, the Board finds
the FAR to not have been exceeded. Since the proposed building is one story with a
mezzanine, the Board finds the applicant must provide a computation of master plan FAR
for recordkeeping purposes prior to issuance of a zoning permit.
b. Total site coverage of the property subject to the master plan: The master plan approved a
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. The applicant has stated in their application narrative that the proposed coverage
in the Air-I zoning district is 35.2%. The applicant has not provided a statement of total site
cover for the master plan area as a whole. The Board finds the applicant must provide a
computation of total site coverage for the master plan area as a whole for recordkeeping
purposes prior to issuance of a zoning permit.
c. Location, layout, capacity or number of collector roadways on the property: The master
plan concluded the project does not contain any collector roadways.
d. Land development proposed in any area previously identified as permanent open space:
The master plan deemed the following to be permanent open space as depicted on the
“Master Plan Open Space Location” exhibit: 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. No development is proposed in
these areas.
e. A change that will result in an increase in the number of PM peak hour vehicle trip ends
projected for total buildout: The master plan approved 553 PM peak hour trip ends. The
applicant estimates that the proposed project will add 24 trips. The previous approval
within the master plan, authorized by approval #SD-21-28, authorized 175 trips. Though the
total trips may not simply be additive due to internal capture, no analysis of total trips has
been provided. The Board finds that the worst case scenario would be a total trip
generation of 199 trips and considers this criterion met.
#SP-22-024
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Air-I Zoning
District
Requirement
Air-I Zoning
District
Proposed
Min. Lot Size 3 ac 28.9
Max. Building Coverage 30 % 21.8%
Max. Overall Coverage 50 % 35.2%
Max. Height (flat roof) 35 ft. 32 ft.
3 Meets requirement
PHASING
The applicant indicated that the proposed hangar is the first of four applications for what was approved
in the master plan as the “purple” phase. The applicant provided a draft phasing exhibit as part of this
application showing the subphases of the master plan “purple” phase. Since a final phasing exhibit was
never provided, the Board has relied upon the draft exhibit in preparing this decision.
The applicant provided the following statement as to phasing.
This project is the first of four phases planned for this development known as the BETA General
Aviation, Training, and Cultural Center Campus. See Phasing Exhibit for more information.
Subsequent phases to this development are as follows and will be applied for under future site plan
applications.
• Cold Storage Hangar – Outdoor covered storage and charging for aircraft;
• BETA Cultural and Training Facility – Center of excellence for pilot training and a place to
engage the public’s interest in aviation; and
• ALIA Hangar – Conditioned hangar space to support training, maintenance, and storage of
BETA’s eVTOL aircraft.
Based on the draft phasing exhibit, the element proposed in this application is the “GA Warm Hangar.”
The element referred to as the “cold storage” hangar is outside of the approved master plan area and
would be reviewed as part of the overall airport PUD, not as part of the PUD associated with approval
#MP-21-02 unless amended. The phase referred to as a “cultural and training facility” is synonymous
with the plan element identified as “cultural center & flight academy.”
The Board finds that a new application for site plan will be required for the “cultural and training facility”
and “ALIA hangar” elements of the purple phase.
SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. 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 DRB shall consider the following:
#SP-22-024
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping
along the street.
The project is located at the intersection of two private streets. The building is proposed to have
a similar setback from the street as the first phase building approved in #SD-21-28. The Board
finds this criterion met.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the
street and, where a prevalent pattern exists, shall continue the manner in which the site’s
existing building foundations relate to the site’s topography and grade.
The applicant has provided a site amenity that faces the street. The site amenity includes a tiered
boulder seating area which faces a landscaping area and the street. The site amenity connects
the building, the sidewalk on DaVinci Drive, the entry path, and the parking area. This creates an
adequate orientation of the building to the street. The Board finds this criterion met.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
The draft phasing plan best illustrates this criterion. The Board finds this criterion to be met.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
The building is proposed to have a sidewalk connecting to the proposed sidewalk on the far side
of DaVinci Drive. The Board finds this criterion met.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent
possible within the context of the overall standards of these regulations.
The building is proposed to be equipped with solar panels. The Board finds this criterion to be
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 located to the sides and rear of the building relative to the public street, which in this
case is Williston Road. 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 Board finds this criterion met.
B. 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.
#SP-22-024
The building is proposed to be constructed of insulated metal panels with a large portion of the
street-facing façade equipped with solar panels. Small windows exist along the street facing
façade. Adjacent buildings are constructed of metal panels. The Board finds this criterion met.
(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 building is proposed to be 32-ft high. The Board finds this criterion to be met.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation of
principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features
that define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side
and back yard areas through context sensitive design.
The proposed building’s placement and orientation is consistent with the overall pattern of
development in the area. The proposed building is consistent with others in the vicinity, including
the recently-approved and constructed Heritage Aviation building to the immediate north of the
project site. The solar panels proposed to be affixed to the south façade of the building are not
subject to local review under Vermont Law if they connected to the electrical grid.
C. Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by Section
8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to
residential use.
A site amenity is required.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross
floor area.
The applicant testified that that gross floor area of the is 23,625 sf, requiring at least 1,418 sf of
site amenity.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
#SP-22-024
N/A
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity
area if the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public
park that is accessible by the general public and located within five-hundred (500) feet of at least
one pedestrian access point for each building on the lot via a walking route and/or pedestrian way.
A “safe, walkable connection” shall not include or require crossing a four-lane road.
There are no existing or approved Civic Spaces or public parks within 500-ft of the project. The open
spaces approved in #MP-21-02 are located more than 500-ft from the project.
The applicant has proposed to use a snippet/parklet at 975 sf and a rain garden at 3,320 sf to meet
the site amenity requirements. The snippet/parklet is required to have landscaping and fixed seating,
must be adjacent to the public right of way and sidewalk or operable building entry, and must have
landscaping as a primary component of the space. 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. Environmental Protection Standards. All proposed development shall be subject to the
applicable requirements of Article 12, Environmental Protection Standards.
A wetland, wetland buffer, and river corridor overlay district exist on the site. The project does
not impact these areas, though impacts are shown on the project site plans which were
approved in #SD-21-28 for construction of the private roadway serving the site.
B. Site Design Features. All proposed development shall comply with standards for the placement
of buildings, parking and loading areas, landscaping and screening, open space, stormwater,
lighting, and other applicable standards related to site design pursuant to these Land
Development Regulations.
These standards are contained in Article 13 and are discussed below.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
Vehicular access will be via an existing private road, Eagle Drive. Pedestrian access from
Williston Road is available along the sidewalk approved in #SD-21-28. 15.A.14 pertains largely to
road design. Relevant provisions include the following which are paraphrased from 15.A.15
E(6) Design access points to include curb radii necessary to accommodate anticipated vehicle
types and speeds while also minimizing pedestrian crossing distances.
E(8) Align access points with existing intersections or curb cuts and consolidate existing access
points or curb cuts
E(9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along
pedestrian-oriented street frontage
The Board finds this criterion met and has not provided a review of the individual criteria of
15.A.14 since it is largely not applicable with the exceptions noted above.
D. Transportation Demand Management (TDM) [reserved]
#SP-22-024
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the
standards contained therein.
The project is not located in a district with supplemental building form standards.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the
City Center Form Based Code, or Section 3.15(D) in all other zoning districts, shall be required to
upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the
standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this
subsection shall be construed to limit requirements for additional upgrades as necessary to meet the
requirements of these Regulations.
The project is served by a private street. No upgrades are required.
F. 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.
No reservation of land for access to abutting properties to be necessary.
G. 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.A.18, Infrastructure, Utilities, and
Services, shall also be met.
The Director of Public Works reviewed the plans on 6/7/2022 and offers the following comment.
This project came in for a wastewater allocation previously and I provided comments related to the
placement of the gravity sewer line at that time. I will provide them again here:
• The typical for gravity sewer pipe placement is down the centerline of the road. The applicant is
proposing to place the new wastewater pipe to the east of Eagle Drive. This results in minor
temporary wetland buffer impacts. This will place portions of the sewer line outside a typical
ROW and impact the City’s ability to accept infrastructure as public in the future.
The City Stormwater Director reviewed the plan on 6/10/2022 and indicated there were no comments.
The South Burlington Water Department Director reviewed the plans on 6/9/2022 and offers the
following comments.
I have provided the following comments directly on Sheet C-102, Utility Plan.
1. Record Drawings prepared by a VT licensed Professional Engineer shall be provided to the South
Burlington Water Department in pdf. and Auto-CAD format. Drawings shall include ties to all
gate valves and curb stops to sub-meter accuracy.
2. To safely remove the existing cap to extend the water main, water should be shut down at the
gate valve closes to Eagle Park Drive. It is unknown how the existing gate valve before this cap is
secured to the piping. A shut down on Eagle Park Drive will affect any facilities between the
valve and cap and requires advance notification by the contractor/Developer.
#SP-22-024
3. It is very important to maintain a cover depth of 6’ for future access. The profiles for the
proposed water line allows for a range of depths from6’ to 14’ which is unacceptable to the
SBWD.
4. Locate the domestic water shut off in an easily acceptable location.
5. The water main and all appurtenances shall be considered private. An easement must be
provided to the SBWD for access for routine maintenance that dos not imply ownership or
responsibility to the Department.
6. 90-degree bens are not permitted. Two 45-degree bends must be installed here (end of line), or
the line be capped before the bend until further design and engineering is completed in case
there are any changes to the needed water infrastructure as it is built out.
7. It is the desire of the SBWD to see this water line looped back to the water main on Valley Road
to provide a redundancy in water supply and eliminate any dead eds. Future plan reviews must
include a looping design.
8. The proposed domestic water service connection cannot be located between the valve and tee.
The tap must be located at least 3 pipe diameter distances away from the gate valve or any joint
or bell.
9. The 8” blow off assembly is not needed (at the end of the line) since there is a fire hydrant at the
end of what will be the active line.
10. Fire hydrants shall be considered private since they are dedicated to this facility.
The South Burlington Water Department Director confirmed that comment #7 refers to future
phases. The Board finds the applicant must comply with the comments of the South Burlington
Water Department Director as conditions of approval.
H. 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.
The dumpster is proposed to be enclosed by a 6-ft high semi-transparent aluminum panel fence. The
Board finds this criterion met.
SUPPLEMENTAL REGULATIONS
13.02 Off Street Parking and Loading
G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping
(1) Design requirements for off-street parking and loading are provided in Table 13-2 and
Figure 13-1, Section 13.04, Landscaping , Screening, and Street Trees, and Section 13.07,
Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited.
The parking spaces meet dimensional standards.
Parking lot landscaping is further discussed under 13.04 below.
(2) The location of parking areas and loading docks shall prevent conflicts with entering and
existing traffic onto a public street and prevent conflicts between vehicles and pedestrians.
The distance between access points and parking areas shall be adequate to minimize blockage
and prevent back-ups onto the public street.
#SP-22-024
The applicant is proposing a loading dock. The loading dock has been modified from the initial
submission to be located north of the ADA compliant parking spaces in order to prevent trucks
from blocking access to the building via the sidewalk when in use. The Board finds the applicant
must update the plans to reflect this change.
(3) Provision shall be made for access by police, fire and emergency vehicles.
The Fire Chief reviewed the plans on 6/13 and indicated there were no comments. The Board
this criterion met.
(4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be
separated from motor vehicle circulation. Safe and convenient pedestrian circulation,
including appropriate sidewalks, shall be provided on the site and its approaches. The
pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic
on sidewalks and recreation paths.
The Board finds this criterion met.
(5) Bicycle parking or storage facility. See Section 13.03
(6) Stormwater management strategies that facilitate infiltration including but not limited to
recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged
in the design of any off-street parking or loading area.
The City Stormwater Director reviewed the plan on 6/10/2022 and indicated there were no
comments. The Board finds the applicant must regularly maintain all stormwater management
infrastructure.
13.03 Bicycle Parking and Storage.
The proposed 23,625 sf airport use building is required to provide two short term and two long term
bicycle parking spaces per Table 13-3, and one clothes locker per Table 13-4. The applicant has provided
six short term bicycle parking spaces in three inverted U type racks, three long-term wall mounted
bicycle racks, and twelve lockers within the hangar portion of the building. The Board finds this criterion
met.
13.04 Landscaping, Screening & Street Trees
B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street
parking areas subject to review by the Development Review Board, shall be curbed and landscaped
with appropriate trees, shrubs, and other plants including ground covers, as approved by the
Development Review Board. Sections of recessed curb are permitted if their purpose is to allow
stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and
management infrastructure. The Development Review Board shall consider the adequacy of the
proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area
and the privacy and comfort of abutting properties.
(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
#SP-22-024
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 parking lot perimeter is moderately landscaped on one side and well landscaped on two sides.
The remaining side is the location of the proposed building. 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 project includes 44 parking spaces. The applicant has testified that the parking area is 20,247 sf
and that there are 2,154 sf of interior parking lot islands.
(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 13.04(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.
The parking lot is proposed to be curbed. Planted islands are proposed to be more than 6-ft where
they contain trees but only 5 ft in some locations. The 5 ft locations contain shrubs. The purpose of
the dimensional requirements is to allow suitable soil volume to support plant growth. 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.
The City Arborist reviewed the plans on 6/13/2022 and indicated that the landscaping plan is
acceptable. The Board finds this criterion met.
(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.
44 parking spaces are proposed and 11 trees are proposed around the perimeter of the parking
area. The Board finds this criterion met.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
Trees are proposed to be 2.5 – 3 inches in caliper except for the autumn brilliance serviceberry
which is proposed to be 2 – 2.5 inches, of which four are proposed. The Board considers this
plant may be used as either a tree or a shrub depending on the application, and finds the
applicant has used it as a shrub in this application and approves the caliper as proposed.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the
species should be grouped or located in a manner that reinforces the design and layout of the
parking lot and the site.
The Board finds this criterion met.
#SP-22-024
(e) Within the City Center FBC District, landscaping required within this section shall not
count towards meeting minimum landscape budget requirements as detailed in Section
13.04(G).
N/A
(7) Snow storage areas must be specified and located in an area that minimizes the potential for
erosion and contaminated runoff into any adjacent or nearby surface waters.
Snow storage areas have been provided. The Board finds this criterion met.
C. Screening or buffering. The Development Review Board will require landscaping, fencing, land
shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two
adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s
appearance should be improved, which property is covered excessively with pavement or structures or
is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a
residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a
public street.
The Board finds that the proposed site is not dissimilar enough from the adjoining uses to require
additional screening beyond that required in B(1) above.
D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi-
family uses, the required front yard and/or the frontage along designated arterial and collector
streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good
appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration
are encouraged. The Development Review Board shall require the applicant to meet the provisions of
sections 13.04(F) and (G).
The Board find this criterion to be not applicable.
G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum
planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements,
some credit may be granted for existing trees or for site improvements other than tree planting as
long as the objectives of this section are not reduced. The costs below are cumulative; for example, a
landscaping budget shall be required to show a planned expenditure of three percent of the first
$250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or
improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall
be prepared by a landscape architect or professional landscape designer.
The cost of the proposed building addition is $5,000,000, requiring $57,500 in plantings. The applicant
has proposed $49,819.50 in trees and shrubs and an additional $22,718.50 in perennials and grasses, for
a total of $72,538 in plantings. Since the Board finds the other provisions of the landscaping criteria to
be met, the applicant may take credit for landscaping elements other than trees and shrubs. Portions of
the site that are not landscaped include areas immediately adjacent to the airport security fence and a
10-ft buffer along the roadways. The Board accepts the landscaping value as proposed.
13.07 Exterior Lighting
Lighting requirements are summarized as follows.
(1) Fixtures must be downcast and shielded
(2) Illumination must be evenly distributed
#SP-22-024
(3) Fixtures must be placed to minimize lighting from becoming a nuisance
(4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural
material, with a decorative surface or finish
(5) Poles & building mounted fixtures may be no higher than 30-ft
(6) Poles must be located in safe locations
Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3
foot candles average at ground level.
Maximum illumination immediately adjacent to the building are around 5 footcandles, dropping quickly
to below three footcandles. Parking lot lights are proposed to be 20-ft high and building mounted lights
are proposed to be 10-ft high. The Board finds exterior lighting requirements to be met.
The applicant testified that lighting on the airport side are required by FAA regulation to be mounted at a
height greater than 30 ft. These lights are exempt from local review.
3.18 Residential and Commercial Building Energy Standards
Commercial buildings, as defined by 30 V.S.A. section 53(a), that are principal buildings, shall comply
with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the
Vermont Public Service Department.
New commercial buildings subject to this Section for which a complete application is submitted
following the date these Regulations become effective, shall be required to meet the standards of
Appendix CA: – Solar-Ready Zone of the Commercial Building Energy Standards as prepared and revised
by the Vermont Public Service Department.
The applicant is proposing vertical solar panels on the south face of the building.
DECISION
Motion by Dawn Philibert, seconded by Frank Kochman, to approve Site Plan application #SP-22-024 of
Beta Air, 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 plan submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning as modified below.
3. The plans must be revised to show the changes below and shall require approval of the
Administrative Officer.
a. Revise the plans to comply with the comments of the South Burlington Water
Department as stated herein.
b. Revise the plans to reflect the loading dock configuration presented on sheet SK-001
Site Plan Sketch
4. A digital PDF version of the full set of approved final plans must be delivered to the Administrative
Officer before issuance of the zoning permit.
5. The applicant must obtain a zoning permit within six (6) months from the date of this decision or
this approval expires and is null and void. The applicant may submit a request for an extension to
#SP-22-024
obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must
be submitted prior to the expiration of this approval.
6. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for $57,500 in
plantings ($33,750 bond) in accordance with the methodology in LDR 15.15B. This bond shall remain
in full effect for three (3) years to assure that the landscaping has taken root and has a good chance
of survival.
7. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit.
8. The applicant must provide a computation of master plan FAR prior to issuance of a zoning permit.
9. The applicant must provide a computation of total site coverage for the master plan area as a whole
prior to issuance of a zoning permit.
10. The project will generate 24 new PM peak hour trips.
11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the project.
12. No certificate of occupancy shall be issued for the work requested in this application until such time
as the portion of the roads and sidewalks within the “blue” phase are completed between Eagle
Drive and Valley Road. Completion for the purpose of this finding shall not include installation of
the top course of pavement.
13. A new application for site plan will be required for future elements of the purple phase of the
master plan.
14. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure.
15. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
16. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G.
17. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and
reflector surfaces from view beyond the perimeter of the area to be illuminated.
18. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
19. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Administrative Officer.
#SP-22-024
Dan Albrecht Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
John Stern 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 5 – 0 – 0.
Signed this ____ day of July, 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 180 Market 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.