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Home My WebLink AboutSD-07-51 - Decision - 0030 Community Drivel #S D-07-51 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TECHNOLOGY PARK -15 LOT SUBDIVISION COMMUNITY DRIVE PRELIMINARY PLAT APPLICATION #SD-07-51 FINDINGS OF FACT AND DECISION John Illick, hereafter referred to as the applicant, is requesting preliminary 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 public hearings Tuesday, October 2, 2007. Jeremy Metosky 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 preliminary 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 owner of record of the subject property is Technology Park Associates, Inc./PMF Energy. 3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District. 4. The plans submitted consist of a 21 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 9/11/07. - 1 — #SD-07-51 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lots IC Zoning District Required Existing_Proposed �l 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. n/a Min. Rear Setback 30 ft. n/a �1 zoning compliance • additional information needed 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. The Water Department has not yet reviewed the most recent set of plans given their recent receipt. This shall be done before final plat approval. 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. The City Engineer has not yet reviewed the plans for the proposed subdivision. As this project progresses, the City Engineer shall review all future plans. 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. -2— c #SD-07-51 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 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. Staff is still reviewing the roadway profile plans submitted by applicant. Given the late receipt of the plans and other various time constraints, staff has not yet had the opportunity to review the detailed plans. Staff does note that the plans appear to meet the general wishes of Staff and the Board with respect to road width, street trees, and sidewalk. This level of detail is sufficient to allow the applicant to proceed to the next level of review. The recreation path Committee has stated their preference in obtaining a pedestrian easement along the interstate. The Board discussed this at the previous hearing but a decision was not reached. 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 districts) in which it is located. The proposed project is in keeping with the planned development patterns of the IC Zoning District. -3— #SD-07-51 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 being proposed as part of this application, this criteria in not applicable at this time. However, the Board does note that Lot 8c is 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 hre protection can be provided. The South Burlington Fire Chief should review and approve of the plans for the proposed subdivision, prior to final plat approval. 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 not yet reviewed the plans. 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 -4— � l #SD-07-51 Land Development Regulations. The applicant has proposed a street tree planting plan which appears at this time to meet the satisfaction of the Board. However, it shall be reviewed more carefully by the City Arborist prior to final plat approval. 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. It has already been stated the South Burlington Water Department shall review future plans and provide comments. (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. Again, the applicant should provide more information. 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 -5— #SD-07-51 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. (1) 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 #SD-07-51 Board for an extension of time. 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 municipal sewage pump station located in the center of the cul-de-sac. 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 ",-R Motion by � 1 , seconded by 4w IL to approve Preli ' ary Plat Applica io #SD-07-51 of John Illick, s bject to the folio g 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. The plans shall be revised prior to final plat submittal as follows: -7— #SD-07-51 a. The final plat plans shall be revised to include a street tree planting plan for Community Drive and Community Way. b. The final plat plans shall include coverage information for 55 Community Drive (lot 7) and 30 Community Drive (lot 8a). c. The final plat plans shall be revised to include a grading and erosion control plan relating to the construction of the roads and utility work as part of the final plat application. The proposed project shall adhere to standards for erosion control as set for 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. 4. The City of South Burlington Water Department shall review the plans for the subject project, prior to final plat approval. 5. The City Engineer shall review the plans and provide comments prior to final plat approval. 6. Prior to recording the mylar, 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 the final plat decision, the applicant may apply to the Development Review Board for an extension. 7. The South Burlington Fire Chief shall review and approve of the plans for the proposed subdivision, prior to final plat approval. 8. The Director of Public Works shall review the plans and provide comments prior to final plat approval. If necessary, the plans shall be revised accordingly. 9. 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. 10. The Board approves a reduction in the width of Community Way pavement from 32 feet to 30 feet. 11. Prior to recording the final plat plan, the applicant shall record a private roadway agreement for the private drive across lots 3 and 4 which has been approved by the City Attorney. 12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. 13. The applicant shall obtain final water allocation approval from the South Burlington Water Department prior to final plat approval. I r #SD-07-51 14. 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. 15. The applicant shall submit the final plat application within twelve (12) months. Mark Behr - ea ay/abstain/not present Matthew Bir ham - qenay/abstain/not present John Dinklage - ea/nastai re Roger Farley - 'nay/abstain/not present Eric Knudsen -nay/abstain/not present Peter Plumeau - of re ea/nay/abstain/ Gayle Quimby nay/abstain/not present Motion carried by a vote of 5 -0 - 0 w ,►may Signed this e day of 2007, by —4. /�' - - - 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). am