HomeMy WebLinkAboutSP-22-032A - Decision - 0119 Tilley Drive - SP-22-032A_119 Tilley Drive_UVMMC_FFD#SP-22-032A
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
UVM MEDICAL CENTER
119 TILLEY DRIVE
SITE PLAN APPLICATION #SP-22-032A
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-032A of UVM Medical Center to construct a one and a half story 84,006 sf
medical office and outpatient facility with associated parking, equipment and stormwater treatment on
an existing undeveloped 13.5 acre lot, 119 Tilley Drive.
The Development Review Board held public hearings on August 2, September 20, October 19, and
November 1, 2022. Gail Henderson King, David Keelty, Ashley Bond, Derick Reed, Thomas Morris,
James Findlay-Shirras, and Corey Mack 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. This project consists of Site Plan application #SP-22-006 of UVM Medical Center to construct a
one and a half story 84,006 sf of medical office and outpatient facility with associated parking,
equipment and stormwater treatment on an existing undeveloped 13.5 acre lot, 119 Tilley Drive.
2. This project is located in the Industrial & Open Space Zoning District, Transit Overlay District,
Traffic Overlay District, and the Environmental Hazard-Potential Wetlands.
3. The owner of record of the subject property is Pizzagalli Properties, LLC.
4. The application was received on July 12, 2022.
5. Sketch plan for this property was reviewed by the Board on April 5 and May 4, 2022.
6. Historically, the subject property is known as “Lot 6.” Lot 6 was created as part of the PUD
which created the 1-acre lot currently occupied by the Red Barn Deli. That PUD also created Lot
7, which was later merged back into Lot 6 in SD-10-04, creating the Lot 6 as it stands today.
Since no modifications to the PUD are proposed, the application is eligible to be considered
under site plan review standards.
7. Lot 6 and the adjacent Lot 2 to the east are under common ownership. This project proposes
discharge of stormwater via a piped outfall on Lot 2.
8. The official map includes two planned roadways in the Tilley Drive area, one extending north
from Tilley Drive on Lot 2 to the O’Brien property to the north and one extending east from the
existing cul-de-sac on Tilley Drive to Community Drive. The DRB recently reviewed projects that
addressed each of these connections, the north connection with the O’Brien Eastview approval
(preliminary plat #SD-20-40, final plat application #SD-22-10) and the east connection with the
OnLogic approval (final plat #SD-21-26 & site plan #SP-21-046). Both of those projects
accommodated the planned roadway connections as required in the LDR.
9. The plans submitted consist of the following:
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Sheet No Plan Description Prepared by Last Revised Date
C1.0 Overall Site Plan Krebs & Lansing 08/11/2022
C1.1 Site Plan Krebs & Lansing 10/10/2022
C1.2 Site Plan Krebs & Lansing 08/11/2022
C1.3 Site Plan Krebs & Lansing 10/17/2022
C1.4 Site Plan Krebs & Lansing 10/10/2022
C1.5 Loading Dock Area Site Plan Krebs & Lansing 06/17/2022
C1.6 Site Plan Krebs & Lansing 07/01/2022
C1.7 Site Plan Krebs & Lansing 09/16/2022
C1.8 Utility Profiles Krebs & Lansing 08/11/2022
C.10 Pavement Markings and
Signage Plan
Krebs & Lansing 08/11/2022
C2.1 Existing Conditions Site Plan Krebs & Lansing 06/17/2022
C3.1 Erosion Prevention & Sediment
Control Preconstruction
Krebs & Lansing 08/11/2022
C3.2 Erosion Prevention & Sediment
Control Summer 2023
Krebs & Lansing 06/17/2022
C3.3 Erosion Prevention & Sediment
Control Winter 23-24
Krebs & Lansing 06/17/2022
C3.4 Erosion Prevention & Sediment
Control Summer 2024
Krebs & Lansing 06/17/2022
C3.5 Post Construction Stabilization
Plan
Krebs & Lansing 06/17/2022
C4.1-C4.8 Civil Details Krebs & Lansing 10/10/2022
2.03 Illustrative Site Plan Krebs & Lansing 10/19/2022
W-1.0 Existing Wetland Plan Krebs & Lansing 08/02/2021
L1.1 Layout Plan Wagner Hodgson 11/03/2022
L1.2 Layout Plan Wagner Hodgson 11/03/2022
L1.3 Planting Plan Wagner Hodgson 11/03/2022
L1.4 Planting Plan Wagner Hodgson 11/03/2022
SL-1E Site Lighting Point Plan Apex Lighting
Solutions
09/02/2022
ST-1.0 Post Development Stormwater
Plan
Krebs & Lansing 06/15/2022
ST-2.0 Post Development Stormwater
Maintenance Plan
Krebs & Lansing 02/28/2022
WD-1.0 Wetland Disturbance Plan Krebs & Lansing 06/15/2022
A1.01 Floor Plan-Upper Level e4h Architecture 07/22/2022
A1.U1 Floor Plan-Lower Level e4h Architecture 07/22/2022
A2.01 Roof Plan e4h Architecture 07/22/2022
A4.01 Exterior Elevations e4h Architecture 07/22/2022
A4.02 Exterior Elevations e4h Architecture 07/22/2022
A5.00 Building Sections e4h Architecture 07/22/2022
A5.10 Wall Sections e4h Architecture 07/22/2022
Bike Storage e4h Architecture 09/16/2022
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10. This is a corrected decision. Modifications have been made to correct clerical errors from the
decision issued December 8, 2022.
(1) MASTER PLAN REQUIREMENTS
15.B.02(A) Required Approval. Master plan review and approval by the DRB is required prior to
preliminary subdivision review under Article 15.A, or site plan review under Article 14, as applicable,
for:
(4) The DRB may also require the submission of a Master Plan for any tract or parcel of land where
there exists clear potential for future growth and development beyond that presented in an
application, as necessary to establish physical and functional connections between areas of
proposed and potential future development.
The applicant indicated they have no intention to further develop the site beyond that presented in this
application. The Board finds the applicant may not develop the lands to the north of the parking area
beyond that which is shown on the approved plans for 10 years from the date of this approval.
(2) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The lot is currently undeveloped.
IO Zoning District Required Proposed
Min. Lot Size, non-residential use 3 acres 13.5 acres
Max. Building Height Flat Roof 40 ft. 23.44 ft.
Max. Building Coverage 30% 10.01%
Max. Overall Coverage 50% 34.6%
Max. Front Setback Coverage 30% 7.9%
Min. Front Setback 50 ft. 52 ft.
Min. Side Setback 35 ft. 132 ft.
Min. Rear Setback 50 ft. >> 50 ft.
(3) 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.
Adequacy of planting is discussed under 13.04.
In terms of pedestrian movement, the Board finds the applicant must update the pavement marking and
signage plan to remove the stop bar from the downstream end of the one-way drop off loop, add stop
signs, and clearly indicate one-way subject to review and approval of the Director of Public Works, as a
condition of approval.
The DRB shall consider the following:
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(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping
along the street.
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 building is proposed to be located approximately 52-ft from the front property line. It
includes a sidewalk connection to Tilley Drive along the proposed driveway. The street-facing
façade (south façade) is proposed to consist of transparent storefront windows on the west end
and a combination of brick and metal panels on the center and east end. There are no street-
facing entrances.
There is a prominent entrance on the western side of the building with a large canopy for
patient drop-off. The western facade includes a raised tower over the entrance, which, on the
street-facing façade, has the appearance of a parapet for the full length of the building.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
The Board finds this criterion met.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
This criterion is related to criterion 14.07G: Access to Abutting Properties. The project is located
within the Mountain View business park, which includes an existing recreation path along the
north side of Tilley Drive connecting VT 116 to Community Drive. The Board is concurrently
reviewing the O’Brien Eastview development project which directly abuts the subject property.
At sketch, the Board discussed with the applicant the planned connections from the O’Brien
Eastview property. Since that time, the O’Brien Eastview development has evolved somewhat
and is now proposing a realigned recreation path that ends at the northern boundary of the
subject property. The applicant has revised the plans to include a right-of-way which connects
to the proposed O’Brien Eastview Barn Road, and to construct a recreation path which connects
between the existing Tilley Drive recreation path and the planned recreation path on the
O’Brien Eastview Plans adjacent to Potash Road.
The Director of Public Works reviewed the proposed plans with Staff on September 13, 2022
and indicated that the applicant should provide separate irrevocable offers for the recreation
path, for Barn Road extension, and for the pocket park (details of the pocket park are discussed
under 14.06C below).
The Director of Public Works expressed concern about the longevity of the path as permeable
asphalt and accordingly requested special conditions. The Board finds the applicant may
construct the path as permeable pavement. Until such time as the City accepts the irrevocable
offer of dedication, the applicant shall be responsible for repair of the path and maintenance
necessary to maintain its state as permeable, and shall provide to the City an easement
authorizing public use, plowing, and maintenance of the adjacent lawn area.
On August 2, the Bike/Ped Committee Liaison suggested the rec path connect directly to the
development instead of to Tilley Drive. The Board finds the rec path must connect directly to
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Tilley Drive because of the importance of regional non-vehicular circulation, in addition to the
presence of a number of other employers on Tilley Drive. However, the Board finds the
applicant shall modify the plans include a two to three foot wide gravel path connecting the
recreation path to the rear of the development area.
In addition to the planned recreation path from Eastview, there is also a proposed roadway,
“Barn Road”, that ends at the northern boundary of the subject property and is intended to
connect to the planned north south roadway on Lot 2. The Board approved Barn Road as an
alternative to a direct connection to planned north-south roadway within the Eastview
Development due to topography on the Eastview property. The applicant has therefore
provided an easement for the future connection of Barn Road to the north-south roadway on
Tilley Drive Lot 2. This is required under different criteria discussed herein, but is noted here
because the design of a recreation path and the location of the easement are inextricably linked.
The design of the recreation path accommodates the future connection to Barn Road.
(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 have a flat roof. It appears as though roof top equipment is
clustered towards the center of the roof.
(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.
(b) The Development Review Board may approve parking between a public street and one
or more buildings if the Board finds that one or more of the following criteria are met. The Board
shall approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street
The property has two existing fronts, Tilley Drive and Old Farm Road, and a future front on the
north-south roadway on Lot 2. The parking is generally to the side or rear of Tilley Drive and the
future street except for ADA-compliant parking. The parking is to the front of the building on Old
Farm Road. The Old Farm Road frontage is approximately 145 feet long. A portion of this frontage
is encumbered by a utility easement. A portion is encumbered by the required 65-ft buffer to
residential properties. Subtracting out these two encumbrances, there is approximately 15-ft of
frontage remaining in which the applicant could locate a building.
Since this would not result in a viable building, the Board approves the parking between the building
and Old Farm Road under condition (iii) above. In doing so, the Board finds the applicant must fully
screen the parking from view of Old Farm Road through landscaping and grading, which the
applicant has done.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any
street frontage. This may be calculated separately or cumulatively for corner lots. Parking
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approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection.
The Board estimates that parking and drive aisles along Tilley Drive and the planned future north-
south roadway together total approximately 550 linear feet of frontage. The building also totals
approximately 550 linear feet along the two fronts. 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 building is around 24 ft high. Other buildings in the office park are generally two stories or
above, with one other one-story building. The eastern portion of the building will be two stories,
while the western portion will be one story plus a parapet. 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.
The Board 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 applicant is proposing to build the building into the existing slope. The Board finds this
criterion 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 property abuts residential areas to the west and to the north. The proposed
building, however, is located 180’ from the nearest residential property and, as
discussed above, has a maximum height of around 24’. See below for discussion of
landscaping.
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.
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(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.
The proposed facility exceeds 5,000 s.f. in size and therefore these standards apply.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross
floor area.
The proposed 84,006 s.f. building requires a minimum of 5,040 s.f. of Site Amenity. The applicant
has modified their proposal to include a pocket park on the north east corner of the property,
located in line with the proposed recreation path. The proposed pocket park meets the size and
amenity requirements of LDR 11B. However, pocket parks are listed in 11B as typically fronting on
one or two streets. There is no street in the proposed location at this time, though the street on the
official map will be adjacent to the amenity when constructed. The Board supports the idea of
moving away from a car-centric design and locating the amenity on the recreation path, as this
recreation path, being a regional connector, functions in a similar manner to a street. The location
allows employees of the facility to use the site with some privacy, and serves as a destination for
those taking a walk from this and adjacent buildings. The Board finds this criterion met. All products
installed in the amenity space must be of high-quality materials intended to be used for commercial
application, pursuant to Article 11B.
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.
The property contains a Class III wetland greater than 5,000 sf and a Class III wetland less than 5,000 sf.
The smaller wetland is not regulated by the City. The larger wetland has a 50-ft buffer. Development in
a Class III wetland and associated 50-ft buffer is generally prohibited and is required to be left in an
undisturbed, naturally vegetated condition. The following activities are permissible.
(a) Restricted Infrastructure encroachment
(b) Temporary impacts
(c) Underground Utilities
12.06F(1)(d) allows an applicant to request modification of wetland standards for development in a
Class III wetland exceeding 5,000 square feet in area and associated buffer within all zoning districts. In
order to request modification, the applicant must request modification in writing and demonstrate
compliance with the modification standards (a) through (d), as follows.
(a) The modification shall be the minimum required to accommodate the proposed
development;
(b) The proposed development will not have an undue adverse effect on the planned
character of the area, as defined by the purpose statement of the zoning district within
which the project is located, or on public health and safety;
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(c) The proposed development will not have an undue adverse effect on the ability of the
property to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland
functions and values identified in the field delineation.
At sketch the applicant stated that the proposed wetland impacts are for “the actual needed and
required access to the site.” The applicant has made this request in writing and has provided a wetland
delineation report describing the specific wetland functions and values identified in the field delineation.
The proposed area of impacts are:
Direct Wetland Impacts 1,745 sf
Wetland Buffer Impacts 14,900 sf
The functions and values identified in the wetland report include minimal values as water storage,
surface and groundwater protection, open space and aesthetics, and erosional control.
On August 2, the Board indicated that they considered the proposed impacts of the driveway on the
regulated wetland to be acceptable as the applicant had minimized the wetland and wetland buffer
impacts originally presented at sketch by shifting the driveway to the east with a retaining wall and
guard rail along the west side. The Board agreed that the impacts were the minimum required to
accommodate the needs of the proposed development and met all of the other requirements identified
in 12.06F(1)(d).
The applicant has included “precast segmented retaining wall” between the driveway and the
unimpacted portion of the wetland. The wall is proposed to be around 4-ft high. The retaining wall is
indicated to be faced with a concrete curb and topped with a guard rail. The Board finds the retaining
wall materials to be in fitting with the industrial open space character of the area.
The applicant is proposing to plant a number of trees in the regulated Class III wetland to address
residential buffer standards. LDR 12.06D(2) states that “Development in a Class III wetland (meeting
5,000 square foot threshold), and associated buffer within all zoning districts, is generally prohibited and
shall be left in an undisturbed, naturally vegetated condition.” The Board finds the proposed plantings
to be allowed as part of the requested modification.
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.
Much of 15.A.14 pertains to the construction of streets, which are not applicable to this application.
The applicable sections of 15.A.14 follow.
15.A.14(A) Purpose and Intent. It is the intent of the City to establish and maintain an integrated,
interconnected transportation system that efficiently and safely serves all users, including
pedestrians, bicyclists, motorists, transit riders and people with disabilities. Accordingly, the
applicant must demonstrate that the proposed street network serving the subdivision is consistent
with City objectives to:
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• Maximize network accessibility and connectivity for all transportation modes and users;
• Minimize vehicle miles traveled;
• Provide adequate emergency vehicle access, and minimize emergency response times;
• Limit direct access onto arterial and collector streets, as necessary to preserve and
enhance functional capacity;
• Create interconnected, walkable pedestrian- and bicycle-friendly residential
neighborhoods and mixed use development;
• Provide for multiple, direct routes and connections between residential neighborhoods,
schools, parks, employment, shopping and other activity centers or destinations;
• Incorporate or provide direct pedestrian connections to existing and planned public transit
routes for any subdivision and development located within the Transit Overlay District;
and to
• Accommodate on-street parking where appropriate or required.
Of note are the purpose statements pertaining to minimizing vehicle miles, interconnectivity, and
provision of direct connections.
15.A.14(B) Street Layout. The arrangement of streets serving the subdivision must incorporate
and extend the network of existing and planned arterial, collector and local streets in the vicinity,
including existing and planned streets serving adjoining subdivisions, and as shown on the City’s
Official Map.
(4) Street Connections. The street network must maximize connectivity and provide for the
future extension of streets of equivalent functional class and other connecting rights-of-
way or easements through adjoining properties upon future subdivision, development or
redevelopment. Street rights-of-way must extend to adjoining property lines to allow for
future street, sidewalk, recreation path and utility connections. Accordingly:
(a) Right-of-way connections to properties adjoining the subdivision must be provided
along property boundaries at regular intervals, spaced according to functional class,
street type and, where applicable, required block lengths unless modified or waived by
the DRB under 15.01(C).
(b) In making its determination to waive or modify a street right-of-way requirement, the
Board shall consider substitution of a recreation path, sidewalk, or trail right-of-way
prior to determination that a full waiver of a right-of-way is warranted.
(c) The DRB shall require that applicant construct a connecting street or recreation path
to the property line; or to contribute a proportionate share of the cost to complete
construction, in addition to any required impact fees. Where a street or recreation
path is identified in the Impact Fee Ordinance, construction of planned improvements
may receive credit pursuant to the Ordinance.
(d) For phased development, the DRB may approve a street or other right-of-way shown
on the subdivision plat and, as a condition of subdivision approval, require that the
right-of-way be clearly marked on the ground with one or more signs that indicate its
existence and future use; and that construction must occur before any further
subdivision or development may be allowed.
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(e) The DRB may require temporary turnarounds at subdivision boundaries, designed to
City specifications as approved by the City Engineer and Fire Chief. The applicant must
then show on the subdivision plat the right-of-way area to be returned to adjacent
property owners when street and sidewalk extensions to abutting properties are
constructed.
The O’Brien Eastview development, under concurrent review as final plat SD-22-10, is proposing a
road connection (“Barn Road”) and a recreation path connection to the subject property. The
applicant has included a right of way for roadway connection between Barn Road and the future
official map roadway. The Board finds the applicant must provide an irrevocable offer for the
planned right of way to the City subject to review and approval of the City Attorney prior to issuance
of a zoning permit. The plans also include the planned recreation path connecting O’Brien Eastview
to Tilley Drive, as discussed above.
15.A.14 (D) Functional Capacity and Transit Oriented Development. The nearest signalized
intersection or those intersections specified by the DRB shall have an overall level of service “D” or
better, at the peak street hour, including the anticipated impact of the fully developed proposed
PUD or subdivision. In addition, the level of service of each through movement on the major
roadway shall have a level of service of “D” or better at full buildout.
The applicant provided a Traffic Impact Assessment (TIA) dated May 27, 2022. They estimate a PM
peak hour trip generation of 110 trips and a total of 769 trips per day. However, they conclude
these values using a reduction based on the provision of Transportation Demand Management
(TDM) measures. The City’s impact fee ordinance provides a methodology for impact fee credit for
TDM measures, but there is not a methodology for reduction in trips for the purpose of road
network analysis. They also estimate trips based on site-specific data and not on ITE approved
values. Because of this, and a number of other adjustments included in the TIA, the Board invoked
technical review of the provided study by BFJ Consultants. In summary, BFJ makes the following
recommendations.
Initial trip generation estimates (129 PM peak hour trips) are accurate.
Internal capture should not be applied.
TDM trip reduction is too high.
With the adjustments by BFJ, the applicant’s trip generation would be 120 trips, not 110 trips as
estimated by the applicant. The Board supports the conclusions of BFJ and finds the project will
generate 120 trips for the purpose of calculating traffic impact fees.
15.A.14(E) Access and Circulation. The applicant must demonstrate that the street network is
arranged to meet applicable access management, traffic, and pedestrian circulation standards
under these Regulations, including criteria for site plans under Article 14, Transect Zone
Subdivisions under Article 9, or a type of Planned Unit Development under Article 15.C; and, for
state highways, VTrans Access Management Program Guidelines in effect at the time of
application. Unless otherwise specified under these regulations, the street network, including the
location and arrangement of streets, must be designed to:
(1)-(6) not applicable
(7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians,
including safe sight distances, access separation distances, and accommodations for high-
accident locations.
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There is a safety review included in the applicant’s TIS. BFJ reviewed the safety portion of the
analysis as part of the traffic technical review and had no concerns. The Board finds this
criterion met.
(8) Align access point with existing intersections or curb cuts and consolidate existing access
points or curb cuts within the subdivision, to the extent physically and functionally feasible.
The Board finds this criterion met.
(9) Minimize vehicular access point (curb cuts) to abutting properties and building lots along
pedestrian oriented street frontage; and provide, where feasible, shared vehicular access to
frontage and other abutting building lots via rear alleys, side streets, service lanes, shared
driveways, or rear cross connections between adjoining parcels.
The Board this criterion met.
D. Transportation Demand Management (TDM) [reserved]
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.
Not applicable.
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.
Tilley Drive meets the applicable street type requirements. There is what appears to be a public bench
in the street right of way adjacent to the development lot. The Board finds the applicant must
coordinate with DPW on whether to retain or remove this bench during construction for its protection.
G. 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 directed the applicant to provide for connection of the property to the north-south roadway
on the official map. The applicant has provided a future driveway location connecting to the future
extension of Barn Road. The applicant’s plans call out the driveway connection as a right of way. DPW
director indicated no right of way offer should be provided for the proposed driveway connection and it
should be indicated instead on the plans as lands reserved for future driveway connection, not a right of
way.
H. 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.
Wire-served utilities are shown to be underground.
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The South Burlington Water Department Director reviewed the plans on July 21, 2022 and offers the
following comments.
Site specific comments can be found on plan sheets.
1. Plans must include a note stating “All water lines and appurtenances shall be installed in
accordance with the Champlain Water District Specifications and Details for the Installation of
Water Lines and Appurtenances, current edition.”
2. 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.
3. Attach the domestic line gate valve to the fire sprinkler line tee and gate valve. Sheet C-1.5
4. Install two 45-degree bends on domestic water line prior to entering building. Sheet C-1.5
5. Install hydrant isolation valve on upstream side of 45-degree bend. Remove hydrant gate valve
that is shown near hydrant. Sheet C-1.7
6. New fire hydrant to include 4” Storz connection and spring- loaded hydrant flag.
7. Fire hydrant shall be considered private since it will be on a fire sprinkler line dedicated to this
facility.
The applicant has addressed the plan comments of the South Burlington Water Department. The Board
finds the ongoing conditions shall be incorporated as conditions of approval.
I. 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 applicant is proposing two “Yard Compactors” which will be fully self-contained and screened from
view of adjoining properties. The Board finds this criterion met.
(4) SUPPLEMENTAL REGULATIONS
13.02 Off Street Parking and Loading
F. Access management Requirements. It is the intent of the City to minimize traffic and pedestrian
conflicts caused by vehicular driveways on public roadways by reducing the number of required
driveways and by minimizing the number of vehicles utilizing such driveways off public roadways.
All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant,
office, service uses, excluding residential, agricultural and industrial uses) located adjacent to
other commercial lots must provide a driveway connection to any adjacent commercial lot. If the
adjacent property owner does not want to provide for that connection, the applicant must provide
an easement to do so in the future when circumstances may change. This driveway connection or
easement should be located where vehicular and pedestrian circulation is most feasible.
The applicant is sharing a driveway with the property to the west, is providing an extension of the
recreation path from the north to Tilley Drive, and providing a right of way for connection to Barn
Road. The Board finds this criterion met.
G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping
#SP-22-032A
(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.
Dimensional requirements are met.
Parking lot landscaping and lighting are further discussed 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.
Staff considers this criterion met.
(3) Provision shall be made for access by police, fire and emergency vehicles.
The Fire Chief reviewed the plans on 7/27/2022 and indicated there were no comments related
to the Board’s authority.
(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 applicant has provided for pedestrian circulation. Additional details of pedestrian
circulation are discussed under 14.06A above.
(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.
Stormwater management is discussed under 13.05 below.
13.03 Bicycle Parking and Storage.
The applicant has provided two bicycle racks, providing parking for four bicycles.
Bike Parking Component Required
Short Term (1 per 5k sf retail,
restaurant, and all other uses,
minimum 4)
17
Long Term (50% of short term) 9
Changing Facility and Unisex
Showers
1
Clothes Lockers 3
The applicant has provided 14 inverted-U type bicycle racks near the main entrance, providing parking
for 28 bicycles. Short term requirements are met. The applicant has provided a bike parking exhibit
demonstrating long term bike parking, showers, and locker requirements are met.
#SP-22-032A
13.04 Landscaping, Screening & Street Trees
The City Arborist reviewed the plans on 7/24/2022 and indicated the plan includes too many maples as
maples are an overplanted species, but otherwise had no concerns. The applicant, in revising their plans
based on other comments of the Board, has reduced the reliance on maples. The Board finds this
comment of the City Arborist to have been addressed.
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
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 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 applicant has shown that this criterion is met by providing 13,812 sf of landscape islands within
84,488 sf of parking area.
(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.
Curbing is provided. 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 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.
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270 parking spaces are provided, requiring 54 shade trees. The applicant has provided 56 shade
trees which the Board finds to be sufficiently evenly distributed. 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.
This criterion is met.
(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.
(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).
This criterion is not applicable.
(1) 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 is 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 touched upon this criterion on 8/2 and the applicant made some modifications in response.
The Board finds this criterion to now be addressed through screening.
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 applicant testified that their intention is to maintain the front yard as meadow with limited mowing
once or twice a year, with limited larger plantings and a lawn area along the building. The Board finds
this criterion met and finds the meadow condition shall be required to be maintained; the area
approved as meadow shall not be permitted to be converted to lawn without further Board review for
compliance with this criterion.
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
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$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 total project cost, excluding specialty costs related to the surgery center, is $43,040,903, resulting in
a required minimum landscaping budget of $437,909. The applicant has proposed the following
landscaping elements.
Trees $249,300
Shrubs $123,925
Ornamental Grasses $67,425
Perennials $41,220
Total $481,870
The Board may only allow credit for perennials and grasses if the objectives of the landscaping standards
are otherwise met. The Board finds the proposed landscaping elements shall count towards the
required minimum landscaping budget, except the perennial plantings shall be maintained in perpetuity
on a square footage basis rather than on a plant by plant basis. The perennial beds shall be maintained
in perpetuity with plantings of substantially similar value and quality as that shown on the approved
plans, and such perennial beds shall be considered as a required element of the approved landscaping
plan. The Board finds this criterion met.
13.05 Stormwater Management
Stormwater standards apply when one-half acre or more of impervious surface exists or is proposed to
exist, and where 5,000 sf of impervious is created or reconstructed. The project will be subject to State
stormwater management standards. The City Stormwater Director reviewed the project on 7/25/2022,
offered comments which he confirmed on September 16 were addressed by the applicant with the
revised plan.
13.07 Exterior Lighting
Lighting requirements are summarized as follows.
(1) Fixtures must be downcast and shielded
(2) Illumination must be evenly distributed
(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. The applicant has provided a photometric drawing indicating this
criterion is met.
#SP-22-032A
Based on comments for the 8/2 hearing, the applicant has revised the lighting plan to provide more
uniform and lower peak illumination levels to prevent lighting from becoming a nuisance. The Board
finds proposed lighting levels to be appropriate.
The applicant has included sign illumination on their plans. Sign illumination is subject to separate
ordinance and must be removed from the plans.
There are several small elements on the civil drawings indicated as a grey box with the letter “B” in it.
The applicant has indicated these are blue light “emergency” stations. The applicant has not yet
determined whether they will be installed. The Board finds these stations do not count as lighting and
are therefore not subject to the City’s lighting standards, provided the illumination levels are not a
nuisance.
13.08 Outdoor Storage and Display
A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed
only in nonresidential districts and upon approval of the DRB in conjunction with a site plan,
conditional use and/or PUD application.
The Board finds this criterion met.
(2) The Development Review Board may require that outdoor storage areas in connection with
commercial or industrial uses be enclosed and/or screened where the storage area may comprise
an attractive nuisance, where the proposed use of the storage areas present opportunities for
theft, or where the Board finds that said storage areas are in view of residentially-zoned parcels.
This criterion applies to equipment. The applicant has proposed an emergency generator, two
chillers, an “oxygen storage area, a transformer, and an electrical vault. Under prior LDR,
landscaping standards explicitly required additional screening of equipment, but that standard has
been modified in the latest LDR to be more broad as excerpted in 13.04C above. The Board finds
13.04C requires screening of equipment under the provision where the Board may require screening
where “a property’s appearance should be improved, which property is covered excessively with
pavement or structures or is otherwise insufficiently landscaped.”
The emergency generation is proposed to be 12-ft high and is proposed to be enclosed by an 8-ft
high fence surrounded by evergreen trees. Previously submitted plans had a 12-ft high fence but
this has been reduced, presumably to avoid the need for the fence to be considered a structure.
The chillers are proposed to be 9-ft high and are proposed to have no enclosure or screening.
The oxygen farm is proposed to have a max height of 15-ft and is proposed to be enclosed by an 8-ft
high fence surrounded by evergreen trees on three sides.
The transformer is proposed to be 6-ft high. It is located near the northeast corner of the building
along with an electrical vault and neither is proposed to be screened.
The applicant has also provided an image of a fuel cell (10-ft high), but there is no fuel cell shown on
the plans. No approval for a fuel cell is granted.
The Board finds, for all five pieces of equipment, screening to be adequate, taking both this criterion
and the requirements of 13.04C into consideration.
#SP-22-032A
13.11 Fences
The applicant is proposing an 8-ft high chain link fence for their equipment enclosures. Since the fence
height does not exceed 8-ft, conditional use review is not required.
3.18 Energy Standards
All new buildings are subject to the Stretch Energy Code pursuant to Section 3.18: Residential and
Commercial Building Energy Standards of the LDRs. This now includes provision of a solar-ready roof.
The applicant testified on August 2 that the roof will be solar ready. The Board finds that the roof shall
comply with commercial building energy standards appendix CA for solar readiness.
DECISION
Motion by Frank Kochman, seconded by Quin Mann, to approve Site Plan application #SP-22-032A of
UVM Medical Center, 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. update the pavement marking and signage plan to remove the stop bar from the
downstream end of the one-way drop off loop, add stop signs, and clearly indicate one-
way subject to review and approval of the Director of Public Works
b. remove all proposed signage, including sign lighting, from the plans
c. include a two to three foot wide gravel path connecting the recreation path to the rear
of the development area
d. the proposed driveway connection shall be indicated on the plans as lands reserved for
future driveway connection, not a right of way.
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 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.
6. The applicant must provide separate irrevocable offers for the recreation path, for Barn Road
extension, and for the pocket park, subject to review and approval of the City Attorney, prior to
issuance of a zoning permit.
7. The applicant may construct the recreation path as permeable pavement. Until such time as the City
accepts the irrevocable offer of dedication, the applicant shall be responsible for repair of the path
and maintenance necessary to maintain its state as permeable, and shall provide to the City an
easement authorizing public use, plowing, and maintenance of the adjacent lawn area. The easement
#SP-22-032A
shall be provided, subject to review and approval of the City Attorney, prior to issuance of a zoning
permit.
8. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for $11,660 in
plantings 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.
9. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit.
10. The project must comply with the comments of the South Burlington Water Department, including
provision of record drawings.
11. The applicant must coordinate with DPW on whether to retain or remove the existing bench on the
front of the property during construction for its protection.
12. The applicant must maintain the area in the front of the building as meadow as shown on the
approved plans. The area approved as meadow shall not be permitted to be converted to lawn
without further Board review.
13. The Board finds the project will generate 120 new trips for the purpose of calculating traffic impact
fees.
14. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure.
15. The roof shall comply with commercial building energy standards appendix CA for solar readiness.
16. 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.
17. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G.
18. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the project.
19. 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.
20. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
21. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Administrative Officer.
Dan Albrecht Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Quin Mann Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
John Stern Yea Nay Abstain Not Present
Stephanie Wyman Yea Nay Abstain Not Present
Motion carried by a vote of 6 - 0 - 0.
Signed this ____ day of December, 2022, by
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_____________________________________
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 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://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.