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HomeMy WebLinkAboutSP-18-28 - Decision - 0030 Community Drive#SP-18-28 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 30 COMMUNITY DRIVE, LLC — 30 COMMUNITY DRIVE SITE PLAN APPLICATION #SP-18-28 FINDINGS OF FACT AND DECISION Site plan application #SP-18-28 of 30 Community Drive, LLC to amend a previously approved plan for a 275,000 sq. ft. commercial and industrial building consisting of 184,400 sq. ft. of general office, 18,700 sq. ft. of warehouse, 10,000 sq. ft of indoor recreation, 2,000 sq. ft. retail food, 59,500 sq. ft. research and testing and 400 sq. ft short-order restaurant (accessory) use. The amendment consists of replacing a portion of the general office and warehouse uses with 25,500 sq. ft. of radio & television studio, for a resulting use breakdown of 163,040 sq. ft. general office, 14,560 sq. ft. warehouse, 10,000 sq. ft. indoor recreation, 2,000 sq. ft. retail food, 59,500 sq. ft. research and testing, 400 sq. ft. short-order restaurant (accessory), and 25,500 sq. ft. radio & television studio use. The amendment also includes adding a parking lot, 16 satellite dishes and a microwave antenna, 30 Community Drive. The Development Review Board held a public hearing on July 17, 2018. The applicant was represented by Steven Savell, Abby Derry, Justin Antonetti, and John Illick. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. 30 Community Drive, LLC, hereinafter referred to as the applicant, is seeking site plan approval to o amend a previously approved plan by replacing a portion of the general office and warehouse uses with 25,500 sq. ft. of radio & television studio, for a resulting use breakdown of 163,040 sq. ft. general office, 14,560 sq. ft. warehouse, 10,000 sq. ft. indoor recreation, 2,000 sq. ft. retail food, 59,500 sq. ft. research and testing, 400 sq. ft. short-order restaurant (accessory), and 25,500 sq. ft. radio & television studio use. The amendment also includes adding a parking lot, 16 satellite dishes and a microwave antenna at 30 Community Drive 2. The owner of record of the subject property is 30 Community Drive, LLC. 3. The subject property is located in the Mixed Industrial and Commercial District. 4. The application was received on June 19, 2018. 5. The plan set submitted consists of an eleven (11) page plan set entitled "30 Community Drive South Burlington, VT," prepared by TCE and dated March 26, 2018 last revised June 29, 2018. 6. The applicant is proposing to reconfigure interior space to accommodate an office and studio space for NBC-5/Hearst Communications. The project will include three new overhead doors and a man door on the north elevation, improvements to an existing entrance on the east elevation, and addition of an 8-foot high microwave antenna to the roof. Site improvements will include addition of building -mounted and pole -mounted light fixtures, a fenced & gated parking area and gravel wetland stormwater treatment facility to the north of the building. There will also be an area enclosed by an 8-foot high chain link fence for 16 satellite dishes north of the building. 1 #SP-18-28 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS IC Zoning District Required Existing Proposed Min. Lot Size 40,000 sf 1,282,324 SF No change Max. Building Coverage 40 % 21.27% 21.28%' Max. Overall Coverage 70 % 57.1% 58.6% @ Min. Front Setback' 30 ft. 242 ft. No change @ Min. Side Setback' 10 ft. 195 ft. No change Min. Rear Setback 30 ft. N/A N/A Max. Front Setback Coverage 30% 2.28% No change Max. Height (flat roof) 35 ft. 23 ft. 31 ft.Z V Zoning Compliance 1. Estimated by staff. Additional canopy adds 165 sq. ft. 2. Includes 8-foot antenna B) ARTICLE 12 SURFACE WATER PROTECTION STANDARDS 12.02E. Standards for Wetlands Protection (3) Encroachment into Class 11 wetland buffers, Class III wetlands and Class 111 wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; No impacts to the wetland itself are proposed. The Board finds this criterion met. (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards, The stormwater treatment system is not affected by the wetland encroachment. The Board finds this criterion met. (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. The proposed encroachment is limited to landscaping and stormwater treatment system components only. The proposed stormwater management system is equipped with an impermeable liner and underdrain system which will prevent treated stormwater from flowing into the adjacent Class III wetland. The Board finds the wetland impacts are offset by proposed landscaping and stormwater treatment. 12.03 Stormwater Management Standards #SP-18-28 The Assistant Stormwater Superintendent reviewed the application on June 28 and July 12, 2018 and offers the following comments. The revised outlet structure will need further modifications. Unless the underdrain at elevation 338' is removed/capped/closed with a valve, the 1" WQv orifice and 1.2" CPv orifice are not going to control the flow into the outlet structure. As the water level rises in the gravel wetland, water is just going to pass through the 6" pipe and overtop the weir wall in an uncontrolled manner. The Board finds the applicant must modify the weir to incorporate the WQv and CPv orifices and modify the 6-inch perforated riser to prevent water bypassing the treatment system. C) SITE PLAN REVIEW STANDARDS 14.6 General Review Standards Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The 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. Staff considers that the proposed use is compatible with the airport. The site is not located in the south end of the quadrant and represents a minor expansion of an existing business park. The land use policy for this area is medium to higher intensity, principally non-residential. The Board finds this criterion met. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant is proposing to add a new parking area to the north side of the site where no parking currently exists. The new parking area will be in a location not currently developed. The applicant calculates that 911 parking spaces are required under the proposed use configuration for the building without taking into consideration shared parking at different peak hours. The existing parking provides 1041 parking spaces, and the applicant is proposing to add 38 additional spaces. The addition of parking creates approximately 0.45 acres of new impervious and results in buffer impacts to three Class III wetlands. #SP-18-28 The applicant represented that the additional parking is needed to allow certain members of the television studio staff a secure route from their vehicles to the building, as well as to allow secure parking for the television vans. The Board finds this criterion met. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. The proposed additional parking is located to the side of the building. 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 applicant is proposing to add a 6-foot diameter antenna to the roof of the existing building. The height of the building plus antenna is within the normal height limitations in Table C-2 therefore Conditional Use review is not required. The Board finds this criterion met. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board finds that no additional land is needed to support access to abutting properties. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met. Wire -served utility services are proposed to be underground. The Board finds this criterion met. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. 4 #SP-18-28 The applicant is not proposing any new solid waste handling facilities. There is an existing screened enclosure northwest of the building. The Board finds this criterion met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The applicant is proposing to remove eleven 8 to 10 foot high white pine which were included on the previously approved site plan and replace them with 22 five to six foot high white spruce. The Board finds the proposed replacement landscaping adequately compensates for the value of the landscaping to be removed. The applicant is proposing to install an eight -foot high chainlink fence with green slats to screen the 16 proposed satellite dishes. Submitted materials indicate that the dishes are between 13 feet and 18 feet high. The applicant has proposed to locate six 5-gallon cedar trees along the west side of the satellite enclosure, but has proposed limited screening north and east of the satellites. The applicant provided renderings demonstrating what the satellites will look like from north, northeast and northwest sides. The Board finds the proposed screening is adequate given the purpose of the Mixed Industrial Commercial zoning district. The applicant estimates the value for the proposed building canopy addition to be $10,000, requiring a minimum landscape value of $300. The applicant is proposing to add landscaping with a value of $10,725. The Board finds the applicant must post a landscape bond for $300. Snow storage areas meeting the requirements of Section 13.06 have been provided. E. Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. The Board finds that no modification of standards is necessary. F Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. See discussion of stormwater management standards above. #SP-18-28 G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. No new roadways are proposed. The Board finds this criterion met. OTHER 13.14 Bicycle Parking and Storage The minimum required short-term bicycle parking for the building is 45 spaces based on 74,060 sq. ft. of warehousing/light industry and 200,940 sq. ft. of retail/restaurant/office space. Section 13.14B(1)(b) allows existing bicycle racks to be counted towards the minimum requirements if they meet certain standards. At the time of the first site plan application, the applicant must provide at least 50% of the required number of short term bicycle parking spaces. The applicant has indicated that none of the existing bicycle racks meet the standard. The Board finds the applicant must place six inverted-U type bicycle racks at the existing southwest entrance, and six inverted-U type bicycle racks at the existing east entrance, providing parking for 24 bicycles. The racks must meet the minimum spacing and siting standards of LDR Section 13.14B(2). The applicant will be required to place the remainder of the required bicycle parking spaces as part of their next site plan approval. 16.03 Standards for Erosion Control during Construction The applicant has submitted erosion control details in support of the project. Staff considers that the provided Erosion Control notes do not match the required stabilization timelines of 16.03B, nor has the applicant demonstrated compliance with the minimum topsoil thickness requirements of 16.04A. The Board finds the applicant must update the plans to reflect the stabilization timelines of 16.03B and the topsoil requirements of 16.04A. Wastewater The applicant has submitted an updated summary of permitted water and wastewater flows relative to the current and proposed demand. The Board finds there is adequate permitted capacity to support the proposed improvements. Signs The City has determined that an applicant may not include proposed signs on an approved site plan. The Board finds the applicant must remove the proposed signs from the provided plans. Fire The acting fire chief reviewed the plans on July 10, 2018, and expressed that the gate to the secured parking area will need to be configured so as to be accessible by emergency vehicles. #SP-18-28 DECISION The South Burlington Development Review Board hereby approves Site Plan application #SP-18-28 of 30 Community Drive LLC, subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the Administrative Officer prior to recording the plat. a. Place six inverted-U type bicycle racks at the existing southwest entrance, and six inverted-U type bicycle racks at the existing east entrance, providing parking for 24 bicycles. The racks must meet the minimum spacing and siting standards of LDR Section 13.14B(2). b. Revise the EPSC plan to reflect 4-inches minimum topsoil thickness. c. Revised the EPSC plan to reflect the stabilization timelines of 16.03B. d. Remove the proposed signs from the provided plans e. Modify the weir to incorporate the WQv and CPv orifices and modify the 6-inch perforated riser to prevent water bypassing the treatment system. 4. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 5. The applicant shall obtain wastewater allocation prior to zoning permit approval. 6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 7. A digital PDF version of the full set of approved final plans shall be delivered to the Administrative Officer before obtaining a zoning permit. 8. Prior to issuance of the zoning permit, the applicant shall post a landscaping bond with a value of $300. 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. 9. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 10. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 11. The gate to the secured parking area must be configured so as to be accessible by emergency vehicles 7 #SP-18-28 Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0 Signed this 10th day of August, 2018, by z Bill Miller, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontoudiciary.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. F:3