HomeMy WebLinkAboutSD-07-65 - Decision - 0030 Community Drive#SD-07-65
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK -15 LOT SUBDIVISION
5'0 COMMUNITY DRIVE
FINAL PLAT APPLICATION #SD-07-65
FINDINGS OF FACT AND DECISION
Technology Park Partners, hereafter referred to as the applicant, is requesting final plat
approval of a planned unit development to subdivide a 177.2 acre parcel into fifteen (15)
lots ranging in size from 3.98 acres to 29.44 acres, 30 Community Drive.
The Development Review Board held a public hearing Tuesday, October 16, 2007,
Tuesday, November 6, 2007, and Tuesday, November 20, 2007. Jeremy Matosky
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat approval of a planned unit development to
subdivide a 177.2 acre parcel into fifteen (15) lots ranging in size from 3.98 acres
to 29.44 acres, 30 Community Drive.
2. The owners of record of the subject property are Technology Park Associates,
Inc.; PMF Energy, Inc.; and Axinn-Vermont, Inc.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The plans submitted consist of a 28 page set of plans, page two (2) entitled,
"Subdivision Plat Technology Park 115 Kimball Avenue South Burlington, VT.",
prepared by Trudell Consulting Engineers, Inc., dated 10/3/07.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements Lots
IC Zoning District
Required
Existing
Proposed
4 Min. Lot Size
40,000 SF
3.98 acres
Max. Building Coverage
40%
Max. Overall Coverage
70%
Min. Front Setback
30 ft.
n/a
Min. Side Setback
10 ft.
I
n/a
Min. Rear Setback
30 ft.
n/a
�l zoning compliance
• additional information needed
The applicant has submitted data providing proposed coverage information for new lots
#7 and 8A which are currently developed. This information indicated that all coverage
requirements will be met.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions should comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system should be extended so as to provide the necessary quantity of
water, at acceptable pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer should connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
Although no buildings are proposed as part of this application, the applicant should submit
grading and erosion control plans for the construction of Community Way, the widening of
Community Drive, and any utility improvements which will disturb soil. The applicant has
submitted grading and erosion control details. However, staff also recommends a plan
which shows the location of the proposed erosion control measures.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
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Most of the lots in the proposed subdivision will be accessible via the existing road,
Community Drive, or the proposed road, Community Way. The applicant is proposing to
access lots 2, 3, and 4 via a shared, private access road, called Technology Park Way,
from the eastern leg of Community Drive. This is acceptable.
The Board previously discussed this issue and agreed that they shall review traffic on a
building by building basis as each lot is developed under site plan review. The Board is
supportive of this method. However, applicant must submit a new traffic impact study when
the overall p.m. peak hour trip generation for the property exceeds 900 vehicle trip ends.
The recreation path Committee has stated their preference in obtaining a pedestrian
easement along the interstate. The Board will determine the possibility of a pedestrian
easement and its location on a case by case basis as part of site plan review for
buildings along the interstate.
A right-of-way between lot 13 and lot 8C currently exists to access Tilley Drive. The Board
and the applicant discussed this matter and mutually agreed that the applicant shall post a
bond to cover the improvements until such time as the improvements should be made. At
this time, it is not logical to pave a portion of roadway that has not been completely
designed.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
The plans that the applicant submitted depict a significant amount of wetlands on the
subject property. The Board proposes to deal with any proposed impacts to wetlands or
wetland buffers as they arise when new buildings or infrastructure is proposed.
Additionally, the 100 year floodplain overlay does impact several parcels in this subdivision.
Any development in the floodplain overlay district shall be subject to all of the conditions
and limitations of Section 10.01 of the South Burlington Land Development Regulations.
Finally, the subject property abuts both the Potash and Muddy Brooks. These brooks have
a buffer width of 100' in which no new development shall take place. These stream buffers
shall be subject to all conditions and limitations as stated in Article 12.01(C) of the South
Burlington Land Development Regulations.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
The proposed project is in keeping with the planned development patterns of the IC Zoning
District.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
As buildings and other associated development are not proposed as part of this application,
this criteria in not applicable at this time. However, the Board does note that Lot 8c is
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mostly un-developable. This creates an appropriate stream buffer and open space
between the subject site and the O'Brien property to the west.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has reviewed and approved of the plans for the proposed
subdivision.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
The applicant has proposed a 20 foot recreation path easement and 10 foot paved bike
path that runs along the northerly edge of the property. The Board is supportive of the
proposed design which has been approved as part of a related application.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The Board has already commented on the location and implementation of sidewalks and
recreation paths. The Director of Public Works has reviewed the plans in a memo dated
10/16/07.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
Lot Layout
According to Section 15.10 of the South Burlington Land Development Regulations, a
minimum width to length ratio of one to five (1:5) should be used as a guideline by the
Development Review Board in evaluating lot proportions. Square or roughly square lots
should not be approved.
The fifteen (15) proposed lots meet the goals of this requirement.
Landscaping
As there are no buildings proposed as part of this application, there is no minimum
landscaping budget. However, given that roads are planned as part of this proposal,
street trees shall be planted in accordance with Section 13.06(F) of the South Burlington
Land Development Regulations. The applicant has proposed a street tree planting plan
which appears at this time to meet the satisfaction of the Board.
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PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the Land Development Regulations, the Development Review
Board shall consider the following in its review of subdivision and Planned Unit
Development (PUD) applications:
(a) Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project in conformance with applicable State and City requirements,
as evidenced by a City water allocation, City wastewater allocation, and/or
Vermont Water and Wastewater Permit from the Department of Environmental
Conservation.
Pursuant to Section 15.13(B) (1), municipal water service must be extended to serve the
proposed development.
The South Burlington Water Department reviewed the plans and provided comments in a
letter dated 10/17/07.
(b) Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
It has already been stated that the applicant shall 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 shall meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
(c) The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access and circulation issues have already been addressed as part of the Subdivision
review criteria.
Traffic generation and related impact fees will be handled when building development is
proposed for the subject lots.
(d) The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
This criterion has already been addressed.
(e) The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
The proposed development is in keeping with the goals for development within the Mixed
Industrial/ Commercial Zoning District.
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(fl Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
This criterion has already been addressed.
(g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or
(designee) to ensure that adequate fire protection can be provided.
This criterion has already been addressed.
(h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension
of such services and infrastructure to adjacent landowners.
This criterion has already been addressed.
(i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
This criterion has already been addressed.
6) The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The project is consistent with the goals and objectives of the Comprehensive Plan.
Phasing
The applicant has proposed the following phasing plan:
The entire roadway widening (up to 32' wide — no curbs) will be constructed at one time in
accordance with the approved subdivision plans. A 5' concrete sidewalk will also be
constructed at that time along the outside of the Community Drive Loop. The installation of
approved street trees shall also be completed at that time. This work shall be completed
upon the completion of construction of a second new building, on any lot, after Lot 2*, or
within 4 years of subdivision, which ever first occurs. In addition, the applicant shall post a
construction bond for the cost of these improvements and agree that these improvements
shall be completed within 4 years of subdivision approval regardless. The 80' section of
Tilley Drive Extension shall be bonded for up to 10 years. If this section of roadway is not
completed within the 10 year period, the applicant shall apply to the Development Review
Board for an extension of time.
#SD-07-65
COMMUNITY WAY
The subdivision design includes Community Way, an approximately 800 foot long dead end
cul-de-sac to serve Lot 9, 10 and 11. This road construction will include all related private
and municipal utilities including a planned sewage pump station. Community Way shall be
substantially completed, per the approved site plans and applicable City standards, no later
than 6 months from the date of the Certificate of Occupancy for any building to be
constructed on Lot 9, 10, or 11. A suitable construction bond will be posted to cover
Community Way improvements prior to recording the final subdivision plat.
RECREATION PATH
The proposed 10' wide bike/recreation path along Kimball Avenue shall be completed, per
the approved site plans and applicable City standards, no later than 6 months from the date
of the Certificate of Occupancy for the building constructed on Lot 2. A suitable construction
bond will be posted to cover said recreation path improvements prior to recording the final
subdivision plat.
* Note this is the same condition as the approved ACT 250 subdivision (#4C0190-5C)
which the City stipulated to in April 2007.
TRAFFIC
The Board will require a traffic impact study when the overall p.m. peak hour trip
generation for the subdivision exceeds 900 vehicle trip ends.
Other
A portion of the property is located within the Airport Approach Cone. Therefore, the
property shall be subject to the regulations associated with such.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley., to approve Final Plat Application
#SD-07-65 of Technology Park Partners, subject to the following conditions:
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 plat submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. Prior to recording the mylars, the submitted plans shall be revised for final
construction to show the changes below and shall require approval of the
Administrative Officer. Four (4) copies of the approved revised "Final
Construction" plans shall be submitted to the Administrative Officer prior to
recording:
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a. The plans shall be revised to comply with the recommendations of the
City Engineer.
b. The plans shall be revised to comply with the recommendations of the
Director of Public Works. Final Construction Plans and Details for
roadway widening and other improvements shall be submitted, reviewed
and approved by the Director of Public Works.
c. The plans shall be revised to comply with the recommendations of the
City Arborist. A Final Street Planting Plans and Details for street trees
shall be submitted, reviewed and approved by the City Arborist.
d. The plans shall be revised to comply with the recommendations of the
South Burlington Water Department. Final Construction Plans and Details
for municipal water main improvements shall be submitted, reviewed and
approved by the South Burlington Water Department.
4. Prior to recording the mylars, the applicant shall post a bond, the amount to be
approved by the City Engineer, for the construction of the Tilley Drive connection.
This bond shall be in effect for 10 years or until the City accepts the street. If this
road connection is not constructed within 10 years from the date of this final plat
decision, the applicant shall apply to the Development Review Board for an
extension.
5. Prior to recording the mylars, the City Engineer shall review and approve of the
Final Construction Plans for the proposed subdivision.
6. Prior to recording the mylars, the Public Works Director shall review and approve of
the Final Construction Plans for the proposed subdivision.
7. The applicant shall provide the Development Review Board with an updated traffic
impact analysis for the subdivision when the estimated number of p.m. peak hour
trip ends for the entire subdivision exceeds 900 vehicle trip ends.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications should be underground.
9. The subject property is located within the Airport Approach Cone and shall be
subject to the standards set forth in Section 13.03 of the South Burlington Land
Development Regulations.
10. The applicant shall widen the existing Community Drive to thirty two (32) feet
wide. Curbs are not required. The entire roadway widening shall be constructed
at one time in accordance with the approved subdivision plans. At the same
time, an 8' wide bituminous recreation (bike) path shall be constructed from
Station 0+40 to 19+50 along the westerly side of Community Drive (west) as
shown on the plans. The remainder of the Community Drive shall have 5' wide
concrete sidewalk constructed at that time along the outside of the loop as shown
on the plans. The installation of approved street trees shall also be completed at
that time. This work shall be completed prior to completion of construction of a
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second new building, on any lot, after Lot 2, or no later than 4 years from the
date of this approval, whichever occurs first. Notwithstanding this deadline, the
applicant shall post a suitable construction bond for the cost of these
improvements and agree that these improvements shall be completed no later
than 4 years from the date of this approval.
11. The decision as to whether there shall be a pedestrian path easement along the
interstate right-of-way, shall be determined on a case by case basis at the time of
site plan review for buildings along the interstate.
12. Community Way shall be 30' wide with curbing. Community Way shall be
substantially completed, per the approved plans and applicable City standards,
no later than 6 months from the date of the Certificate of Occupancy for any
building to be constructed on Lot 9, 10, or 11. A suitable construction bond shall
be posted to cover Community Way improvements prior to the issuance of a
zoning permit for the construction of Community Way. The proposed sewage
pump station shall be constructed to City Standards, and shall remain private.
13. The proposed 10' wide bike/recreation path along Kimball Avenue shall be
completed, per the approved site plans and applicable City standards, no later
than 6 months from the date of the Certificate of Occupancy for the building
constructed on Lot 2. A suitable construction bond will be posted to cover said
recreation path improvements prior to the issuance of a zoning permit for
construction of the path.
14. Prior to issuance of a zoning permit for the improvements to Community Drive,
the applicant shall post a $55,000 street tree landscaping bond and a road bond
in an amount to be determined by the Administrative Officer. The street tree
landscaping 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.
15. All the fire hydrants connected to the private fire suppression system shall be
replaced within four (4) years from the date of this decision.
16. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
17. The applicant shall file the final plat plans (subdivision plats sheets 1-4) in the
South Burlington Land Records within 180 days. The mylar shall be signed by
the Board Chair or Clerk prior to recording. Prior to recording the final plat plans,
the applicant shall submit a copy of the survey plat in digital format. The format of
this information shall be approved by the South Burlington GIS Coordinator.
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Mark Behr - e nay/abstain/not present
Matthew Birmingham - yea/nay/abstaot pree
John Dinklage - yea/nay/abstain of rn Roger Farley - ea nay/abstain/not present
Eric Knudsen - e nay/abstain/not present
Peter Plumeau gr
nay/abstain/not present
Gayle Quimby -ay/abstain/not present
Motion carried by a vote of (:;- - D - D
Pl>
Signed this 60 day of WoMM-4%CM- 2007, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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