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HomeMy WebLinkAboutSP-21-020 - Decision - 1200 Airport Drive#SP-21-020 1 1 of 8 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF BURLINGTON/BURLINGTON INTERNATIONAL AIRPORT 1200 AIRPORT DRIVE SITE PLAN APPLICATION #SP-21-020 FINDINGS OF FACT AND DECISION Site plan application #SP-21-020 of Burlington International Airport to install landscaping at the northeast corner of the intersection of Williston Road and Airport Drive in accordance with the approved overall landscaping plan, 1200 Airport Drive. The Development Review Board held a public hearing June 15, 2021. The applicant was represented by Larry Lackey, Carolyn Orben, Keith Wagner, Jacqueline Dagesse, and Stu Moncrieff. Board member Stephanie Wyman was recused from this application and did not participate in the decision. Based on testimony provided at the above-mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The Project consists of site plan application #SP-21-020 of the City Burlington International Airport to install landscaping at the northeast corner of the intersection of Williston Road and Airport Drive in accordance with the overall approved landscaping plan, 1200 Airport Drive. 2. The project is located in the Airport District. 3. The owner of record of the subject property is the City of Burlington/Burlington International Airport. 4. The application was received on May 4, 2021. 5. This application is for site plan approval of previously-conceptualized landscaping features approved in MS-21-01. 6. The airport has historically encountered challenges in simultaneously meeting minimum required landscaping budgets and complying with federal regulations pertaining to landscaping on airport sites. This has led to creative use of landscaping budgets, including plantings located on airport property but outside of the airport PUD, rooftop gardens, and pollinator projects. The Board required an overall landscaping plan to ensure future landscaping projects meet the purpose of the LDR and work towards a consistent landscaping vision. That overall landscaping plan was approved in MS-20-01. 7. The plans submitted consist of five (5) sheets, as follows. Drawing Description Sheet # Most Recent Revision Date Conceptual Site Plan L100 4/27/2021 Existing Conditions & Tree Protection Plan L101 4/27/2021 BTV Gateway Sculpture Lighting L-1A 3/16/2021 Erosion and Sediment Control Plan E01 4/22/2021 #SP-21-020 2 2 of 8 Location Map 1 10/2/2020 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions Airport Zoning District Required Existing Proposed √ Min. Lot Size 3 ac 942 ac No change √ Max. Building Coverage 30 % Unknown No change √ Max. Overall Coverage 50 % 34.4% 34.4% √ Min. Front Setback 50 ft. Unknown No change √ Min. Side Setback 35 ft. Unknown No change √ Min. Rear Setback 50 ft. N/A N/A √ Max. Front Setback Coverage 30% Unknown No change @ Max. Height (flat roof) 35 ft. Unknown No change √ Zoning Compliance @ Existing nonconformity unchanged by this application 6.02F Airport District Additional Standards All applications within the AIR District shall be subject to the supplemental standards in Section 6.05 and the following additional standards: (1) No use shall be permitted which will produce electrical interference with radio communications or radar operations at the Airport. (2) No lights or glare shall be permitted which could interfere with vision or cause confusion with airport lights. (3) No use shall be permitted which could obstruct the aerial approaches to the Airport. (4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any other federal or state regulations pertaining to airports. The applicant has not provided documentation demonstrating they have applied for FAA approval of the proposed work. The Board finds the applicant must demonstrate that FAA is aware of the project prior to of a zoning permit. 6.05 Supplemental Standards for Industrial and Airport Districts A. Site plan or PUD review required. Development according to industrial and airport district regulations shall be subject to site plan or planned unit development review Site plan standards are addressed below. B. Multiple structures and uses permitted. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. The Board finds this criterion met. C. Parking, Access, and Internal Circulation (1) Parking requirements may be modified, depending in the extent of shared parking, the presence of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one-quarter (¼) mile for purposes of these districts). Any #SP-21-020 3 3 of 8 requirements for shared access and/or parking must be secured by permanent legal agreements acceptable to the City Attorney. (2) Parking shall be placed to the side or rear of the structures if possible. (3) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts onto the public roadway. (4) Access improvements and curb cut consolidation may be required. No changes to parking are proposed. The Board finds this criterion met. D. Buffer strip. Properties in the Airport, Mixed Industrial Commercial, Industrial Open Space and Airport Industrial districts that abut residential districts shall provide a screen or buffer along the abutting line, as per Section 3.06(I) (buffers). The proposed project location does not abut a residential district. A) SITE PLAN REVIEW STANDARDS 14.06 General Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The project is located in the northeast quadrant, whose objectives as stated in the comprehensive plan are to allow opportunities for employers in need of large amounts of space provided they are compatible with the operation of the airport, and to provide a balanced mix of recreation, resource conservation and business park opportunities in the south end of the quadrant. The Board finds that the proposed use is compatible with the airport. The land use policy for this area is medium to higher intensity, principally non- residential. The Board finds this criterion met. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposal includes installation of granite stone walls, a sculpture of the letters “BTV”, lighting, and plantings. The Board finds that the letters must be interpreted as a sign. As proposed, the sign is too large to be approved. Specifically, freestanding signs may be up to 80 sq ft and mounted on a support structure for a total height of 15 feet. Assuming the applicant desires to have as large a sign as possible, the provisions of section 9 (freestanding signs) will best facilitate those goals. However, given the applicant’s goal of having a prominent sculptural feature, they may wish to consider modifying their sign to be a landscaping feature sign (section 14). Landscaping feature signs are limited to 5-ft average height and 80 sq ft. Landscaping feature signs are subject to the authority of the DRB, while freestanding signs are reviewed administratively and are not the authority of the DRB. In either case, the Board finds the applicant must remove the sign from the plans at this time. The applicant may submit a separate sign permit to add a sign to the gateway area, which will be subject to DRB or administrative review, as appropriate. The Board finds other provisions of this criterion to be met. (2) Parking: #SP-21-020 4 4 of 8 (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. No new parking areas are proposed. The Boards finds this criterion to be not applicable. (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. No changes to buildings are proposed. The Board finds this criterion to be not applicable. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No change to access is proposed. The Board finds this criterion to be not applicable. B. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met. The project area crosses a number of underground utilities. The applicant has provided the following narrative pertaining to underground utilities. We have completed a DigSafe request and revised the field survey to show utilities within the project vicinity. There is one (1) AT&T phone line that runs beneath the proposed walls. There is not an easement in place for this utility. BTV will coordinate with AT&T prior to construction to relocate this utility and allow for the construction of the improvements as shown on the Landscaping Plans. The applicant has also provided similar information on the existing gas line. The Board finds that this criterion has been addressed. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. No changes to waste disposal are proposed. The Board finds this criterion to be not applicable. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. 13.06 Landscaping, Screening, and Street Trees A. Purpose. The City of South Burlington recognizes the importance of trees, vegetation, and well- planned green spaces in bringing nature into the city and using these as a resource in promoting the health, safety, and welfare of city residents through improved drainage, water supply recharge, flood control, air quality, sun control, shade, and visual relief. Landscaping and screening shall be required for all uses subject to site plan and planned unit development review. Street tree planting shall be required for all public streets in a subdivision or planned unit development. In evaluating landscaping, screening, and street tree plan requirements, the Development Review Board shall #SP-21-020 5 5 of 8 promote the retention of existing trees while encouraging the use of recommended plant species. In making its decisions, the Development Review Board may refer to the Vermont Tree Selection Guide, published by the Vermont Urban & Community Forestry Program and/or the recommendation of the City Arborist. Relevant provisions of MS-20-01 follow. 3. Any required landscaping located outside the immediate area of future projects shall be consistent with this overall landscaping plan The proposal was shown on Sheet 6 of the plans approved as part of MS-20-01. The Board finds this condition met. 4. Landscaping installed consistent with this overall landscaping plan shall be allowed as credit towards required minimum landscaping budgets for projects within the Airport PUD. As currently proposed, the applicant estimates the cost of the proposed improvements to be $57,954 excluding sign and lighting. 5. The improvements shall be constructed in the order described by the applicant at the May 5, 2020 hearing, with the entrance features first, then the streetscape, then the recreation path, each proceeding from south to north. The applicant has received approval for some limited elements of the approved plan which happened to be adjacent to other projects, including at 1130 and 1150 Airport Drive. However, this proposal for entrance features represents the first stand-alone project consistent with MS-20-01. The Board finds this condition met. 6. The applicant shall be responsible for tracking both expended budget and progress on the plan, and this information shall be submitted at the time of site plan application for individual projects. Should the cost of an individual segment of this plan exceed the required minimum landscaping budget for a project at the airport, the applicant may “bank” the excess to apply to a future project. The Board finds the applicant must update their established tracking spreadsheet prior to issuance of a zoning permit. The tracking spreadsheet must continue to be updated with each issued site plan. 8. Entry features including trees and shrubs, stone walls, ornamental grasses and sculptures shall be allowed as credit towards the minimum required landscaping budget. All of the proposed features excluding the sign and lighting may be considered as credit. The applicant may apply the full $57,954 as credit towards required minimum landscaping budgets elsewhere within the Airport PUD. 14. Landscaping shall be designed and installed consistent with this plan to the satisfaction of the Administrative Officer or Development Review Board as allowable under the Land Development Regulations. Offsite landscaping not approved as part of this overall landscaping plan shall not be allowed unless the applicant applies for and receives approval to amend this plan. The Board finds the proposed landscaping consistent with MS-20-01 and considers this condition met. E. Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and #SP-21-020 6 6 of 8 waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. The Board finds that no modification of standards is necessary. F. Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. The Assistant Stormwater Superintendent reviewed the project on June 4, 2021 and indicated they had no comments on the project. The Board finds the applicant must comply with the erosion control standards of Article 16, including topsoil depth and stabilization timelines. G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. The standards of section 15.12 are unaffected by this application. The Board finds this criterion to be not applicable. A) OTHER 16.03 Standards for Erosion Control during Construction The applicant has included erosion control measures as part of their submitted site plan. The Board finds this criterion met. Lighting The applicant has provided lighting cut sheets and a point by point photometric plan of the proposed sign. Assuming the applicant pursues review and approval as a freestanding sign, the freestanding sign application should demonstrate compliance with Section 21 of the sign ordinance, including that the lighting shall concentrate the illumination upon the area of the sign. If the applicant pursues a landscaping feature sign, the lighting should be update to comply with the lighting provisions of Section 14. The Board finds that as proposed, lighting provisions do not appear to be met. DECISION Motion by Dan Albrecht, seconded by Dawn Philibert, to approve Site Plan Application #SP-21-020 of City of Burlington/Burlington International Airport, 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 plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. #SP-21-020 7 7 of 8 3. The site plans must be revised to show the changes below and shall require approval of the Administrative Officer. One digital copy of the full revised plan set must be submitted to the Administrative Officer prior to zoning permit approval. a. Remove the sign and lighting. 4. The applicant must 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. 5. The applicant must demonstrate that FAA is aware of the project prior to of a zoning permit. 6. The applicant must update their established landscaping budget tracking spreadsheet prior to issuance of a zoning permit. The tracking spreadsheet must continue to be updated with each issued site plan. 7. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 8. Any change to the site plan will require approval by the South Burlington Development Review Board or the Administrative Officer to the extent allowed under the current version of the LDR. 9. The applicant may apply the full $57,954 as credit towards required minimum landscaping budgets elsewhere within the Airport PUD. 10. The applicant must comply with the erosion control standards of Article 16, including topsoil depth and stabilization timelines. Mark Behr Yea Nay Abstain Not Present Elissa Eiring Yea Nay Abstain Not Present James Langan Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Dan Albrecht Yea Nay Abstain Not Present Motion carried by a vote of 5 – 0 – 0. Signed this ____ day of __________________ 2021, by _____________________________________ Dawn Philibert, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 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. 22 July #SP-21-020 8 8 of 8 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.