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HomeMy WebLinkAboutMP-21-02A - Decision - 3070 Williston Road#MP-21-02A 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BETA AIR, LLC 3070 WILLISTON ROAD MASTER PLAN #MP-21-02A FINDINGS OF FACT AND DECISION Remanded master plan application #MP-21-02A of Beta Air, LLC for a planned unit development on five lots developed with a quarry, a mixed commercial building, a warehouse, a contractor yard, and a RV sales, service, and repair facility. The master plan includes combining the five lots, resulting in one lot of 747.92 acres, and consists of a 344,000 sf manufacturing and office building, a 37,800 sf office and retail building, a 15,600 commercial building, and a 85,000 sf flight instruction and airport use building on 40.43 acres of the resulting airport lot, 3070 Williston Road. The Development Review Board held a public hearing on February 22, 2023 and March 7, 2023. The applicant was represented by Art Klugo, Chris Gendron, and Jeff Hodgson. Board member Stephanie Wyman was recused from this application and did not participate in this decision. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Beta Air, LLC, hereinafter referred to as the applicant, seeks approval for a master plan for a planned unit development on five lots developed with a quarry, a mixed commercial building, a warehouse, a contractor yard, and a RV sales, service, and repair facility. The master plan includes combining the five lots, resulting in one lot of 747.92 acres, and consists of a 344,000 sf manufacturing and office building, a 37,800 sf office and retail building, a 15,600 commercial building, and a 85,000 sf flight instruction and airport use building on 40.43 acres of the resulting airport lot, 3070 Williston Road. 2. The owner of record of the subject property is the City of Burlington. 3. The application was received on January 27, 2023. 4. The DRB approved master plan application #MP-21-02 of Beta in March of 2022, with the condition that Beta not construct the parking between the principal manufacturing building and Williston Road until the “red phase” (consisting of a mixed retail and office building, parking, and solar field) is constructed, except for parking which is to the side or rear of the existing building at 3060 Williston Road and which is less than ½ the total building width along Williston Road. Beta then appealed the Board’s decision to Environmental Court. The City changed its rules and the Court issued a Stipulated Motion for Stay of Appeal and Order, which stipulated that Beta “will apply to amend the master plan as soon as practicable and before it submits any further application(s) for approval of any other aspect or part of the Project under the LDRs.” The applicant has expressed that it is their desire to be reviewed under the current LDR, which includes more robust submission requirements focused on creating a set of parameters that will result in consistent development within the master plan area. The application is therefore being reviewed under the Regulations in effect at the time the complete remanded application was submitted; this includes both the amendment that modifies parking standards as well as revised Master Plan standards adopted in the time since the initial #MP-21-02A 2 application was submitted. The regulations applicable to this decision were amended December 5, 2022. 5. The applicant has submitted a site plan application for parking located to front of the principal manufacturing building. The stipulated motion requires application for master plan amendment prior to other applications. 6. Under the current LDR 14.06A(2), parking must be located to the rear or sides of buildings, while 14.06B(2)(b)(viii) provides an exemption to this requirement for parking serving buildings “contained within the Security Identification Display area of a publicly-owned and operated airport.” plan area. The current master plan standards are reviewed below. The approach in these staff comments is to generally review all standards as though the Board has not previously seen the project, though Staff has taken greater latitude in supposing the Board’s interpretation of certain standards that have previously been reviewed. 7. The Project is located in the airport industrial (AIR-I) and mixed industrial commercial (IC) zoning districts, traffic overlay, transit overlay and airport approach cone overlay districts. The project consists of five existing lots: the main airport parcel, and four outparcels along Williston Road. The four outparcels are located within the Mixed Industrial/Commercial Zoning district, while the portion within the main airport parcel is within the Airport Industrial Zoning District. The portion of the property that fronts on Williston Road lies in the Traffic Overlay District – Zone 3 Balance of Restricted Roads, which restricts the trip generation to 45 vehicle trips per 40,000 of land area without supplemental mitigation. 8. The plans submitted consist of the following: Sheet No. Sheet Title: Prepared by: Last Revised Date: MP-001 Location Plan Stantec 01/12/2023 MP-002 Existing Conditions Stantec 01/24/2023 MP-003 Campus Site Plan Stantec 01/24/2023 MP-004 Context Map Stantec 01/24/2023 L-001 Campus Plan Stantec 01/24/2023 L-002 Enlarged Master Plan Stantec 01/12/2023 L-003 Project Limit Plan Stantec 01/12/2023 SP-001 Existing Subdivision Plan Stantec 01/12/2023 SP-002 Final Plat Revision & Lot Consolidation Plan Stantec 01/12/2023 As part of the previously approved preliminary and final plat application for the first phase, the applicant has consolidated the five involved parcels into one 747.9 acre lot. The applicant is proposing for the master plan to include 40.43 acres of the consolidated airport parcel. The Board finds the creation of this master plan area results in this 40.43 acre area being reviewed as a master plan and PUD independent of the overall airport PUD; this is consistent with prior interpretations by the Board. These findings reflect only the master plan area. The Board finds the applicant in all cases must meet the standards of the LDR within the master plan area. The applicant has proposed to construct the master plan in five phases, as follows. • the blue and orange phases for which they’ve previously received a concurrent preliminary and final plat application and which includes a manufacturing and office building. The applicant is currently proposing to amend the site plan approval for that phase to include a parking area for #MP-21-02A 3 261 additional cars. The blue phase is currently under construction, and the applicant has five years from May 27, 2022 to obtain a zoning permit for the orange phase. • the green phase which includes a childcare use • the purple phase for which they’ve previously received partial site plan approval and which is proposed at the master plan level to include a hanger, pilot training and other commercial use building. The current site plan approval only includes the hangar component. • the red phase which includes a mixed retail and office building, parking and solar field Phasing, timing, and order is discussed under 15.B.04 below. The project involves land within the Airport Industrial zoning district and the Industrial/Commercial Zoning district. ZONING DISTRICT TABLES Air-I Zoning District Requirement Air-I Zoning District Proposed I/C Zoning District Requirement I/C Zoning District Proposed — Min. Lot Size1 3 ac 28.9 ac 40,000 sf 11.53 ac — Max. Building Coverage 30 % 21.9% 40% 5.5% — Max. Overall Coverage 50 % 49.1% 70% 43.9% @ Max. Height (flat roof) 35 ft. 45 ft. 35 ft. 40 ft. Requirement Proposed — Min. Front Setback 50 ft. Air-I 30 ft. I/C 47’-2” I/C — Min. Side Setback 35 ft. Air-I 10 ft. I/C 84’-5” Air-I 24’ I/C — Min. Rear Setback 50 ft. Air-I 30 ft. I/C Appx 874’ Max. Front Setback Coverage 30% 13.0% √ Zoning Compliance @ Waiver requested. See discussion in Section D below. 1. The reported lot sizes represent the portion of the involved 40.43 acre master plan located within each zoning district. The total lot size is 747.9 ac. CRITERIA FOR REVIEW OF MASTER PLANS 15.B.02 Applicability 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: (1) Any Major Subdivision involving four (4) or more acres, except for any portion of Transect Zone Subdivision within the City Center Form Based Code District. (2) Any land subdivision or site development proposed to occur over two (2) or more phases, or three #MP-21-02A 4 (3) or more years. (3) A Planned Unit Development under Article 15.C unless, at applicant request, Master Plan review is waived by the DRB for a PUD on less than four (4) acres under 15.C.03. (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 Board finds the project to require master plan review under all four criteria. In the version of the LDR under which application #MP-21-02 was submitted, Master Plan review was not required but rather undertaken optionally by the applicant in order to seek flexibility in phasing. 15.B.03 Master Plan Review Process Master plan review requires a pre-application sketch plan review. For the actual master plan, the applicant may combine the master plan with preliminary subdivision or site plan review for either the entire project or for a phase of the project. Separate findings of fact must be issued. Submissions for master plan approval must include, and incorporate the feedback from, a neighborhood meeting, prior to the public DRB hearing. Since MP-21-02 had already progressed to the public DRB meeting stage of review prior to remand by the Environmental Court, the Board finds it to be unnecessary to go back to the pre-application sketch plan review or neighborhood meeting stages. 15.B.05 Review Standards These review standards are informed by the required submission components, therefore the Board has largely reserved discussion of compliance with required standards to the portion of this document pertaining to the submission components. (A) Findings. For Master Plan approval, the DRB must find that: (1) The Master Plan includes all the components required under 15.B.04 above, in sufficient detail to provide the framework and standards for future development under the plan, unless specifically waived by the DRB as not applicable to the proposed subdivision or development; The Board finds the applicant must modify their submission as indicated below and the submission shall be considered a portion of the approved plan for the project. (2) The overall type, pattern, and density of development, and allocation of land uses, are consistent with these Regulations and other City regulations in effect at the time of application, including relevant subdivision, zoning district or planned unit development standards; The Board finds this criterion met. (3) The proposed Development Plan demonstrates the efficient, coordinated, and integrated development and use of land which: (a) Considers existing topography and physical site constraints; (b) Avoids or minimizes and mitigates the impacts of future development on environmental resources identified for protection, as enumerated in Article 12, and as incorporated into the overall design; (c) Defines an overall pattern of development, including proposed streets and blocks, that is consistent with the zoning district or proposed type of planned unit development; #MP-21-02A 5 The Board finds these criteria have been demonstrated to be met through the submitted materials reviewed below. (d) Maintains street, pedestrian, and transit connectivity, and contiguous or accessible open space with the adjoining neighborhood, and within and between each phase of development; Findings regarding connectivity are included below under the review of required submission materials. (e) Avoids, or minimizes and mitigates the adverse impacts of development on adjacent properties and uses, through the designation of transition areas or buffer areas along the project perimeter; and The Board finds this criterion met. (f) Includes adequate standards specific to each type and phase of development, to include guidance for the functional and aesthetic integration of development with the surrounding neighborhood, and provisions for buffering or screening incompatible land uses. Based on the design standards presented by the applicant, the Board finds this criterion met. (4) The Buildout Budget sets reasonable development parameters for the entire project, and as allocated for each phase of development, for reference in subsequent regulatory reviews, as necessary to identify and limit the cumulative and overall impacts of project development on City infrastructure, facilities and services. The applicant has provided the following estimates of anticipates vehicle trip ends per PM peak hour for each phase. Blue & Orange Phase: 175 trips Green Phase: 59 trips Purple Phase: 72 trips Red Phase: 212 trips (5) Proposed design standards and related guidance are sufficiently detailed to prescribe and direct coordinated development, consistent with the Master Plan and regulations in effect at the time of master plan approval, for the duration of the plan. Based on the design standards presented by the applicant, the Board finds this criterion met. (6) The Phasing Plan and Schedule: (a) are consistent with the City’s adopted Capital Improvement Program; (b) ensure that all phases of development will occur in an orderly fashion; and that (c) infrastructure and facility improvements necessary to support each phase of development will be provided concurrently with such development, as may be further ensured through subsequent or separate regulatory review processes and development agreements. The Board finds these criteria met. (7) The Management Plan: (a) defines a management structure for the duration of the Master Plan that supports long- term project viability through project buildout; #MP-21-02A 6 (b) identifies those principals or entities responsible for securing necessary municipal permits and approvals for development under the Master Plan; and (c) clearly identifies proposed ownership and responsibilities for the long-term management, maintenance and operation of capital and community assets, including any proposed dedications of land, facilities and infrastructure to the City. The applicant provided a management structure for project development but has expressed a reluctance to provide principals or entities with direct control over and responsibility for long- term ownership, management, operation, and maintenance of capital and community assets. After discussion, the Board finds that Beta shall be responsible for project development, to include all elements described under submission requirement 15.B.04(J) below, while Burlington International Airport shall have direct control over and be responsible for long-term ownership, management, operation, and maintenance of capital and community assets. 15.B.06 Master Plan Approval, Effect, Duration, Amendment (B) Subsequent Regulatory Review. In its approval of a Master Plan, the DRB shall specify the level of review and review processes required for subsequent applications filed under the Master Plan, provided such procedure is consistent with the intent of these Regulations and the following: (1) Sketch plan review is not required for any application for preliminary subdivision or site plan review that complies with the approved Master Plan, and associated conditions of approval. (2) The DRB may waive preliminary subdivision or site plan review for specified phases or portions of a project. (3) The DRB may in its decision specify allowed modifications or changes under the Master Plan which require only administrative review and approval by the Administrative Officer. The applicant has requested the Board allow projects within the master plan to proceed directly to site plan review provided they do not involve subdivision of land and are consistent with the approved master plan. The Board waives preliminary and final plat for projects not involving subdivision of land and allows site plan review for the described phases with the provision that sketch plan be required should the site plan be inconsistent with the findings of this master plan approval, including substantial deviation from the approved plans. Projects involving subdivision of land that do not constitute a substantial deviation shall be allowed to proceed directly to final plat. The applicant has requested being allowed to proceed directly to zoning permit approval for the following items. • PV Solar Equipment subject to local review • Battery Backup Equipment • Assembly Process-related Equipment • Utility Transformers, Pedestals, and associated appurtenances • Electric Aircraft and Car Chargers The Board allows the applicant’s request if they conform to the following limitations: a) A maximum equipment height of 15-ft. #MP-21-02A 7 b) Located where fully screened from Williston Road and Eagle Drive and where set back at least as far as the nearest adjacent building from the central access drive. c) Equipment must fully comply with the performance standards of LDR Appendix A. These performance standards set numeric standards for vibration, noise, and air pollution amongst others. d) Equipment shall be directly related to the approved use of the building to which it is adjacent. (C) Effect. Once a Master Plan has been approved, all subsequent land subdivision and development must conform to the Master Plan as approved. (1) The Development Review Board in issuing a decision shall make specific findings as to which components of the Master Plan are vested, based on the type, level, and detail of information provided in the Master Plan, and the amount of time the plan is intended to remain in effect. The Board may approve components or elements of the Master Plan as applicable to all subsequent applications; or determine those components or elements of the Master Plan that are vested, or not vested, for the duration of the plan. The Board finds the following aspects of the master plan to be vested, with exceptions noted. The Board defines the term vesting to mean that subsequent phases of review will use the December 5, 2022 LDR for the identified elements for the duration of the master plan approval. • Phase geometry • Location of open space areas & civic space areas • Natural resource impacts • Renewable energy production areas • Proposed street layout • Proposed recreation path, sidewalk, and transit route layout. Additional connecting elements to individual phases may be required. • Building floor areas. The Board reserves the right to require master plan review should building floor areas significantly increase or decrease. • Building characteristics necessary to meet applicable energy standards • Max peak hour trip generation • Conceptual objectives of lighting design and lighting fixture palette The Board is not vesting building heights because building heights have not been proposed. The Board is likewise not vesting phasing timing because of concerns addressed below under (D) Duration. (2) Master Plan approval is binding upon the applicant, the owner(s), their agents, and successors in interest. (3) Once the Master Plan is approved, the applicant may apply for other permits and approvals referenced in the conditions of Master Plan approval, as required prior to the start of construction. (4) Unless the applicant fails to comply with the conditions of Master Plan approval and these Regulations, the Master Plan as approved shall not be modified, revoked, or otherwise impaired by any action of the City without the consent of the applicant. For purposes of subsequent regulatory reviews under the Master Plan, for the duration of the plan the regulations in effect at the time of Master Plan approval shall apply to vested elements under Subsection(C)(1). For vested elements, Regulations enacted following master plan approval shall apply only as necessary to address public #MP-21-02A 8 health and safety or, at the request of the applicant, to incorporate types or forms of development allowed under more recently adopted regulations, in conjunction with an application to amend the Master Plan. (D) Duration. The duration of the Master Plan, as specified in the conditions of DRB approval, shall be determined by the DRB in consultation with the Planning Director and City Engineer. (1) The Master Plan should be approved for a specified period of time, not to exceed six (6) years, for which the impacts of proposed development can clearly be ascertained from the quality and detail of the information provided; which allows sufficient time for project planning, financing, permitting, and development, including required regulatory reviews; and which accommodates full project buildout in relation to the timing of planned infrastructure and facility improvements. The Board finds the master plan to be approved for six (6) years. This is a new review, therefore this timeframe will start with issuance of a decision on this application. (2) The Master Plan shall remain in effect as approved until the development allowed by the plan has been completed, the plan expires, or the plan is amended or superseded. (3) Applicant shall submit a complete preliminary or final subdivision or site plan application (as applicable) for at least one phase of the project within two (2) years of the date of Master Plan approval. Concurrent review with Master Plan shall be deemed to have satisfied this requirement. Failure to submit a complete application within two (2) years of the date of approval shall result in expiration of the Master Plan. Given that this is a remanded application, the Board finds that the previously approved preliminary and final plat #SD-21-28 satisfies this requirement. (4) The duration of an approved Master Plan may be extended by the DRB for, for cause, if the request and reasons for the extension are submitted in writing prior to the Master Plan expiration date; however, in no event shall the duration of an approved Master Plan exceed ten (10) years in total, to include all authorized extensions or amendments. The applicant has requested pre-approval for an extension of the master plan. This may not be done until the master plan has been approved. The Board finds the applicant may apply for an extension “for cause.” (5) An expired Master Plan may be extended, renewed, or amended only on submission as a new Master Plan, subject to full DRB review under 15.B.03 and the Land Development Regulations in effect at the time of application. (6) A complete application for a Master Plan may be submitted at any time subject to the rules in effect at the time of submission. (7) Pursuant to 24 V.S.A. 4463, any site plan or subdivision plat, and associated conditions of site plan, subdivision, or Planned Unit Development approval that are recorded in city land records under an approved Master Plan, shall remain in effect as recorded following Master Plan expiration. (E) Amendment. There are specific criteria by which the applicant may amend the master plan, and whether such application is considered a minor amendment or a substantial amendment. Unlike prior versions of the LDR, the only quantitative metric differentiating the types of amendments is the involvement of lands not previously included in the master plan. The Board finds the lands included in this master plan application to be well defined. The Board will make a determination on whether something is a minor #MP-21-02A 9 or substantial amendment if the need arises. 15.B.04 Master Plan Components The applicant has submitted a 31-page narrative which identifies each of the required master plan submission materials. (B) Project Description. A map, narrative, and accompanying table(s) that describe: • The overall vision for and scope of the proposed development; • The land area and properties to be included under each phase of development; • Current property ownership and contact information; • Current zoning district designations; The Board finds the applicant’s submission to sufficiently address these four requirements. These requirements are addressed on pages 2 and 3 of the applicant’s narrative and best illustrated on plan sheets L-003 and MP-003. • Proposed Planned Unit Development (PUD) type(s) under Article 15.C, as applicable; Approval #SD-21-28 is specifically for PUD approval. In the current LDR there are significant differences between a project reviewed as a combination of subdivision and site plan vs a project reviewed as a planned unit development. At this master plan stage of review, the Board finds the difference between reviewing the project as a PUD vs. as a series of site plans to be largely inconsequential. Further discussion of subsequent levels of review are discussed under 15.B.06(B) below. The only allowable PUD type for this area is the General PUD. • Project consistency with applicable zoning and subdivision regulations; and Discussion of consistency with applicable regulations is addressed herein. • Any requested modifications or waivers, as allowed under the Regulations. The applicant has requested a number of modifications or waivers, summarized as follows. Parking: The applicant is requesting that parking be considered under 14.06B(2)(b)(viii), the exception that allows parking to the front where it serves buildings that make up the airport security fence. The Board finds this to not be a waiver or modification. Duration of master plan: The applicant is requesting the Board pre-approve an extension of the timeline after which this master plan approval will expire. This is addressed under 15.B.06(D) above. Subsequent Regulatory Review: The applicant has requested two process related waivers, discussed under 15.B.06(B) above. Building Height: The applicant has requested a height waiver from 35 ft to 40 ft. They argue that the LDR intends to allow a three-story building, and that the standard story height for commercial buildings is now such that 35-ft is not adequate for three stories. An important distinction of the current master plan (compared to earlier versions) is that the master plan itself cannot approve dimensional waivers; the purpose of having the requests listed at this stage is so the Board is aware at the early stage that this is what is being proposed and can consider that insofar as the big picture is concerned. #MP-21-02A 10 Landscape budget: The applicant has requested that excess landscaping budget beyond the phase-by-phase minimum required based on the approved building cost be allowed to be applied in other portions of the approved master plan area. The Board finds excess landscaping expenditure from an individual phase may be allowed as credit towards future phases of the master plan, so long as required landscaping standards are met. (C) Context Report. A map and accompanying narrative that describe the area proposed for subdivision, development, or redevelopment, in relation to the existing and planned pattern and type of development in surrounding neighborhood, and to existing and planned City facilities, services, and infrastructure in the vicinity of the project, to include: The purpose of establishing a context report is to allow the applicant and the Board to understand how the project should be laid out to complement community resources. • Existing parcels, and existing and planned streets and blocks, recreation paths, transit routes, buildings, land uses, parks, civic spaces, and other open spaces and community facilities located within ¼ -mile of project boundaries; The applicant’s submitted materials with respect to this requirement consist of a map (MP- 004 Context Map) of roads and parcels, with one church and one bus route highlighted. • Proposed street, recreation path, transit, infrastructure, and open space connections between existing, planned, and proposed development; The provided plans indicate that sidewalks are proposed to be extended to the ends of the master plan area to the south (Williston Road) and to the northwest (Eagle Drive). No connection to Palmer Court or to Muddy Brook is provided. • A more detailed Development Context Analysis as required for an Infill or Redevelopment (IRD) PUD under Article 15.C, as applicable; and Not applicable • A description of how concerns raised in the Neighborhood Meeting will be addressed. Not applicable (D) Existing Conditions Report. A Site Conditions Map for the entire tract and accompanying narrative, that depict and describe existing: • Topographic conditions, including elevation contours, surface waters, wetlands, and other natural features; • Natural under Article 12, or as otherwise regulated by the City; • Existing streets, blocks, and utility corridors, including existing rights-of-way; and • Existing land uses and structures, including any historic sites or structures listed or eligible for listing on the Vermont State Register of Historic Places. The applicant has provided plan sheet MP-002 Existing Conditions showing these features. The applicant indicates four structures are proposed to be demolished, and there are no historic sites or structures. As alluded to above, Muddy Brook is to the east of the master plan area, and there is a large area of Class II wetland west of the master plan area. It is bordered to the north by the airport and airport appurtenant buildings, and to the south by Williston Road. The uses #MP-21-02A 11 surrounding the master plan area on Williston Road are generally consistent with a commercial neighborhood, though some of the buildings are of a residential scale and character. The application intentionally proposed street connections to Williston Road that are offset from Shunpike Road, which consists of existing housing that is intended to stay per the existing zoning. One other existing home is located across from the proposed eastern access but is considered a pre-existing non-conforming use per the LDRs. (E) Development Plan. One or more maps and an accompanying narrative that depict and describe the overall pattern, type, and density of development proposed for the entire project, and for each phase of development, to include: • Natural resource areas identified for protection, consistent with adopted Environmental Protection Standards under Article 12; The applicant has described that natural resource impacts are limited to “removal of an existing gravel road and slope impacts, both restored with topsoil, seed and mulch.” These impacts were approved in preliminary and final plat #SD-21-28. • Any designated Conservation Area or other open space areas, Conservation areas are not applicable in general PUDs. Boundaries of open spaces for each phase are shown on Sheet L-001. • Any land area to be set aside for renewable energy production; The applicant has indicated a solar field on the west side of the parking area which is proposed to be installed as part of the red phase. The applicant has indicated a geothermal well field on Sheet L-003 and indicated it is intended to be constructed as part of the blue phase. • The proposed street and block grid within and connecting each phase of development, including the location of major streets by Street Type, and any existing rights-of-way, easements or intersections identified for relocation; The applicant is only proposing one road which was approved in preliminary and final plat #SD- 21-28 to remain private. • Proposed recreation paths, transit routes, infrastructure, and utility corridors between and serving each phase of development; The applicant has proposed a network of sidewalks but has not included recreation paths between phases of development. The applicant has included a bus stop to serve the existing bus route on Williston Road. The approved roadway includes two bike lanes and sidewalk. • One or more designated Development Areas, to include land use allocation areas by proposed use type(s), at minimum to include any designated residential areas, nonresidential areas, mixed use areas, civic space areas, and the location of principal or shared parking areas serving the development. Development areas are a characteristic of Conservation and Traditional Neighborhood Development PUD types and are not applicable to this application. • Any proposed transition areas along the project perimeter, in which proposed development will either be integrated with or buffered from adjoining properties and development; As noted above, the applicant is not proposing any cross-lot connections. #MP-21-02A 12 • Existing buildings to be incorporated in proposed development or redevelopment; and The applicant is proposing to remove all existing structures within the master plan area. However, due to phasing, existing buildings are anticipated to remain for some time. The applicant submitted a package of proposed exterior materials, dated December 6, 2021. The Board finds the proposed materials are sufficiently compatible with the existing buildings. • Public and private transportation, infrastructure, and utility improvements necessary to accommodate each phase of development, and the entire project at buildout, to include any land, facilities, or improvements proposed for public dedication, consistent with the City’s adopted Official Map. The applicant has submitted a traffic study dated January 17, 2022. This study is unchanged from that submitted in conjunction with approval #MP-21-02, of which this application is a remand. The traffic study recommends a signal at the Williston Road entrance to the project by full build of the master plan. An independent third-party technical review of the traffic study, performed by BFJ in February 2022, concludes that the trip generation estimated by Beta may be too high by 50-70 trips. The Boad finds that the applicant must update the traffic study with each phase of the master plan after the phase associated with application #SD-21-28, both to evaluate the signal warrant and the trip generation. Preliminary and final plat approval #SD-21-28 included installation of a turn lane on Williston Road but no signal. The Board further finds that operational functions of the traffic signal, when warranted, are subject to review and approval of the Director of Public Works and by Vermont Agency of Transportation (VTrans) as evidenced by issuance of an Act 250 permit prior to issuance of a zoning permit for installation of the signal. The applicant has also indicated that the master plan may require a new electrical substation to complete the development, though they will not be able to know what is needed until after the manufacturing building is occupied. The Board finds that if substantial improvement to electrical facilities is needed, it may require master plan amendment. (F) Summary Statistics. The following project statistics or metrics, presented in an easy to reference tabular format, must be provided for the entire tract or project area, and for each phase of development, unless waived by the DRB as not relevant or applicable to a particular project: • Total tract or parcel area, and the area associated with each phase of development, in acres and square feet; for protection under Article 12, and by resource type (Hazard, Level I, Level II); and the area, in acres, of any designated Conservation Area(s) or lots, as shown on the Master Plan; The applicant has provided his information in tabular format on Page 14 of their application narrative. • Total area, in acres, included in existing and planned street rights-of-way; the number and length in feet of proposed streets by Street Type, and the number of street intersections, as shown on the Master Plan. As noted above, the project includes only one private road, which is approximately 2,350 feet long. • Total number of existing and planned blocks; and the block perimeter and average block length for each block, in feet, as shown on the Master Plan. #MP-21-02A 13 Block standards are not applicable within the project’s zoning districts. Block standards, where applicable, generally require rectangular blocks with a maximum average block length of 500 feet. • Total Buildable Area, in acres and square feet, as allocated by land use or building type, within each designated Development Area and block shown on the Master Plan, to exclude existing and planned street rights-of-way, but to include existing and proposed civic space lots and parking lots. Buildable area is area which is not otherwise restricted from development by the presence of natural resources, rights of way, and transmission main corridors and is provided below under 15.B.04(G) Buildout Analysis. The applicant has not provided a computation of what portion of buildable area is proposed to be built. The Board finds this information shall be added to the application narrative in order to establish a summary statistic for use in evaluation of potential future amendments prior to the next approval under this master plan. • Number of proposed dwelling units by housing or building type within each designated Development Area and block shown on the Master Plan; Not applicable. • Total gross floor area by use or building type for nonresidential and mixed use development within each designated Development Area and block shown on the Master Plan; and The applicant has provided the following summary of gross floor areas. Designated Development Area Planned Building(s) Building Area (gsf) Green Childcare Facility 20,000 Red Commercial Building 45,000 Blue/Orange Assembly Facility 355,000 Purple Cultural Center 100,000 • Other statistics or data required by the DRB as necessary to determine conformance with relevant standards under these Regulations. Additional requests for information are indicated herein. (G) Buildout Analysis and Budget. Based on the statistics provided under (F) above, the applicant must also provide an analysis for each of the following based on total forecasted demand at buildout, and as allocated for each phase of development, for use in determining the project’s total “Buildout Budget”: • Minimum and maximum acreage allocations by land use or building type, as percentages of the Buildable Area within designated Development Areas; Land use and building type allocations are a feature of General and Traditional Neighborhood PUDs but not the General PUD. • Gross and net (or effective) development densities by land use or building type; Density is a measure of residential units per acres and is not applicable. • Minimum number or percentage of affordable housing units required within residential and mixed-use development areas, as applicable pursuant to Article 18; #MP-21-02A 14 Not applicable. • Minimum percentage, and area in square feet, of required civic space(s) within designated Development Areas; Civic Spaces are slightly different from Site Amenities. Civic Spaces are required for any new subdivision of land, which is not taking place at this time. Nonetheless, Site Amenities are shown conceptually on the MP on Sheet L-001, and the applicant has provided a table of site amenity requirement by phase. There is a total of 30,540 sf of site amenity required for the proposed programming, with the first blue/orange phase representing the bulk of the requirement at 20,640 sf. Site amenities were not required at the time of master plan approval #MP-21-02 but will be applicable at the Site Plan level of review for future phases. At this time the applicant has not demonstrated how required site amenities are proposed to be provided. • Maximum peak hour trip generation rates, by use type; As noted above, the applicant submitted a traffic study that estimates 513 trips at peak build-out. The Board finds the applicant may increase trip ends to 538 trips without necessarily triggering substantial amendment of the master plan as defined under 15.B.06(E)(1), which represents an additional 5% beyond the estimate. • Maximum water supply and wastewater system demand, by use type; The applicant has submitted an estimated maximum water and wastewater demand, and incorrectly states that these demands were approved in #MP-21-02. The estimates are unchanged from those submitted in #MP-21-02. Both the South Burlington Water Department and Director of Public Works reserved approval for flows beyond the first phase until such time as site plan approval for future phases was sought. The Board finds that detailed review of the water distribution and wastewater collection systems be undertaken on a phase by phase basis. • Maximum total impervious surface (percentage, total square footage), and volume of stormwater runoff per designated Development Area; and The applicant has provided the required information on page 18 of their narrative. The total impervious cover for the 40.43 acre master plan is 48%. The Board finds the applicant may increase total coverage to 50% without necessarily triggering substantial amendment of the master plan. The applicant must not exceed the maximum allowable coverage of 50% in the AIR- I zoning district or 70% in the I/C zoning district. The City Stormwater Department reviewed the provided plans on February 14, 2023 and offers the following comment. The applicant should confirm that it is feasible to route all new or redeveloped impervious areas to stormwater treatment practices. The Board finds stormwater treatment shall be evaluated on a phase-by-phase basis. • Other measures or parameters required by the DRB as necessary to identify and limit the forecasted impacts of development on municipal facilities, infrastructure and services, and properties and uses within the vicinity of the project. The Board has not identified additional necessary buildout analysis or budget information. (H) Design Standards. The application must include proposed standards, specifications, #MP-21-02A 15 illustrations, best management practices, or other forms of guidance for the following, consistent with City regulations in effect at the time of Master Plan approval, as applicable to all subsequent development under the Master Plan: • Protections for natural resources defined and regulated under Article 12, consistent with the standards and accepted mitigation measures of Article 12. Natural resource impacts were approved in preliminary and final plat #SD-21-28. • The mix or allocation of land uses, as specified for each phase of development; The entirety of the project is proposed to be non-residential and includes, as detailed in the Phasing Plan, several complimentary commercial uses. The Board finds that since the project includes a preliminary design for all contemplated phases, this information has been provided. • Typical street cross-sections by Street Type, as referenced under Article 11.A; The applicant has provided a street cross section. This cross section matches that which was approved in #SD-21-28. • Typical Civic Space and other proposed open space types, as referenced under Article 11.B; The applicant is not requesting master plan level approval for the required site amenities; the information provided is limited to general location. • Typical block and building lot dimensions and configurations, consistent with applicable subdivision and zoning district regulations, or PUD type, and for designated transition areas as necessary to complement or match the adjoining pattern of development; Based on the summary statistics and buildout analysis provided above, it appears the proposed development program is consistent with applicable regulations. • Typical building types, as applicable and referenced under Article 11.C, including proposed housing types, and building elevations; Building types are only applicable to residential development within a General PUD or Non-PUD subdivision. • Building height and setback standards as applicable by zoning district, PUD or building type; and for designated transition areas, as necessary to complement or match the adjoining pattern and form of development; As noted above under 15.B.04(B), the applicant has requested waiver of building heights from 35 ft to 40 ft. The applicant has also stated that there will be a maximum height difference between buildings of no more than one floor for consistency within the master plan. Under the current LDR, the master plan does not allow dimensional waivers; height allowances can be considered at the Site Plan / preliminary plat level of review. • Parking standards and specifications for off-site, on-street, and on-site parking, including any charging stations needed to serve proposed development, consistent with City parking standards under Section 13.01, Article 14, and by Street Type; Parking has been designed to meet City standards. The applicant is proposing 10% of parking spaces to meet the requirements for EV charging. • Setbacks, buffering, screening, or other mitigation measures necessary to separate incompatible land uses, particularly within designated transition areas; #MP-21-02A 16 The Board finds the project to be generally compatible with adjacent land uses. • Overall lighting plan, including typical fixtures, consistent with relevant lighting requirements under Section 13.07 and Appendix D; The applicant has stated that lighting will be used to create an inviting environment. Doors are proposed to be provided with wall-mounted fixtures. Parking lots and pedestrian areas are proposed to have pole mounted lights, while pedestrian pathways will be illuminated using bollard lighting. Lighting will be minimized within the parking area, but used as a site features around the buildings, including: • Recessed architectural lighting at canopies • Architectural accent lighting is provided to emphasize the architectural façade elements at night • Recessed downlighting is also provided to illuminate vertical wood slats • Around the main entries, bench lighting will be incorporated The applicant has provided a standard set of lighting fixtures to be used throughout the master plan area. The Board finds these to be appropriate. • Landscaping and screening specifications, consistent with relevant landscaping standards under Section 13.04; The applicant has not proposed any particular landscaping standards beyond those required by the LDR, other than sites are to be densely planted with predominantly native species. Given the limited landscaping specifications provided, the Board has not provided any vesting of landscaping elements at this master plan level of review. • Specifications for the siting and design of new buildings, and the retrofit of existing buildings, as necessary to meet applicable energy standards under Section 3.18, and to incorporate renewable energy installations; and The applicant has provided the following series of measures to support energy standards. • Orientating buildings between 110 degrees and 270 degrees of true north • Buildings to have low-slope roofs • Structural design to support additional roof loads • Provide pathways for routing conduit or piping from solar-ready zone • Space will be allocated on the main electrical service panel • Large trees will be positioned so as if to not block sunlight • Any additional architectural or design guidance for each type or phase of development, and for proposed transition areas, that is intended to integrate existing and new forms of development, and to ensure coordinated and cohesive phased development. The applicant has provided a framework for building design starting on page 26 of their narrative and has provided a supplemental eight page set illustrating the proposed exterior materials. The applicant testified that they will use transitional architecture from Williston Road, have organic shapes in the landscaping area, and use common materials, and the Board finds the project shall conform to this commitment. #MP-21-02A 17 (I) Phasing Plan. The application must include a narrative or table and map that clearly identify, describe and depict each phase of development, including properties included, designated development areas by use type, major streets, supporting infrastructure and facility improvements, civic spaces, and other public amenities to be provided prior to or in association with each phase; and a schedule for the timing and sequence of development over the period covered by the Master Plan, consistent with the City’s adopted Capital Improvement Program and Official Map. The applicant has provided a map that shows the geographic limit of each phase. The Board finds that all elements within a geographic limit are to be included in that phase. In terms of timing, the applicant has indicated they plan to construct the phases at the following times. Blue/orange phase – 2021 to 2023 for the rear of the building, 2024 – 2025 for the front of the building and open space areas. It should be noted that the applicant has only obtained a zoning permit for the blue phase at this time. The current LDR would not allow the blue phase to be constructed without the orange phase because it does not include the required civic spaces. Purple phase – 2021 – 2023 for the hangar, 2023 – 2025 for the cultural/training center Green phase – 2024 – 2025. Since this phase is proposed to include childcare predominantly benefitting Beta employees, Staff anticipates construction of this phase will be realistically tied to construction of the above-mentioned phases. Red phase – 2030 – 2031. The applicant has developed very little detail about this phase other than to say it will replace the existing building at 3060 Williston Road. The master plan may only be approved for 6-years, with one possible future extension to 10-years, after which it will expire and any subsequent development would be subject to rules in effect at the time of re- application. The Board finds there to be a reasonable likelihood that the building in the red phase will not be constructed under this master plan, discussed in more detail below. (1) An applicant for a Conservation PUD may elect to not provide a schedule, timing, and sequence of development for phases beyond the first phase by labelling them as Reserved. In rendering its decision in such an instance, the Board shall clearly indicate that an amendment to the Master Plan, enumerating the schedule, timing, and sequence of development shall be required in order for Reserved phases to proceed to the next stage of review. Not applicable (2) Each proposed phase of development should account for at least 20 percent of the total project area or expected buildout in units/square feet; incorporate one or more distinct areas identified for coordinated development and management; and the infrastructure and facilities necessary to support that phase of development. The intent of this standard to have balanced, thoughtful construction phases. In this instance the most significant two phases, the blue & oranges phases, represent approximately 85 percent of the master plan area. Given the nature of the project as a campus, the front-loading of infrastructure installation (which is intended to stay private) and the fact that this was project initially conceived of under a prior set of regulations, the Board approves first phase as proposed. The purple phase represents 5.8 of the project area, the green phase 2.7 percent, and the red phase 6.4 percent. The Board notes that the traffic study, and the Board’s finding of acceptable impacts of development on municipal facilities, infrastructure and services, and properties and uses within the vicinity of the project, is predicated on #MP-21-02A 18 closure of Valley Road and installation of a signal at the project driveway when conditions warrant it. These improvements, and in particular the routing of traffic away from the four-way intersection at Valley Road, will grow in importance to both the project and the nearby residential neighborhood on Shunpike Road as vehicle trips from the project increase. Therefore the Board finds that the entirety of the as yet unconstructed infrastructure in both the red and green phases shall be considered at the time of application for the building within each of those phases. (3) Any temporary or interim structures or uses (e.g., buildings, parking, construction, or staging areas) intended for conversion or redevelopment in a subsequent phase should also be identified in the phasing plan. The applicant has indicated the existing buildings at 3060 Williston Road (containing Mirabelles and vacuum repair) and at 3062 Williston Road (used as field offices for construction) will continue to exist until the spaces they occupy are required for approved development. (J) Management Plan. A narrative description of the proposed management structure responsible for project development, to include all principals or entities with direct control over and responsibility for the financing, permitting, construction, and completion of development under the Master Plan; and, following project completion, for long-term ownership, management, operation, and maintenance of capital and community assets. The applicant has indicated that Beta is acting as developer for the blue/orange and purple phases, but responsibility for future phases is uncertain. Management of the infrastructure and site improvements will be the responsibility of the airport, while management of the buildings will be the responsibility of Beta. A portion of the purpose of this required master plan is to establish the entity which will be responsible for ensuring future development and operations are done in a manner consistent with master plan approval. The Board’s findings regarding management structure are identified under 15.B.05(A)(7) above. The management plan must also clearly identify any streets, infrastructure, facilities, civic or other open spaces proposed for public dedication under each phase of development, consistent with the City’s adopted Official Map and Capital Improvement Plan, for consideration under subsequent DRB reviews and conditions of approval or under development agreements to be approved by the City Council. Not applicable. DECISION Motion by Mark Behr, seconded by Dawn Philibert, to approve master plan application #MP-21-02A 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans and submission narrative must be revised to show the changes below and shall require approval of the Administrative Officer prior to approval of the next zoning permit under this master plan. #MP-21-02A 19 a. Provide a computation of what portion of buildable area is proposed to be built. 4. The 40.43 acre master plan shall be reviewed as a PUD independent of the overall airport PUD. 5. Beta shall be responsible for project development, to include all elements described under submission requirement 15.B.04(J) above, while Burlington International Airport shall have direct control over and be responsible for long-term ownership, management, operation, and maintenance of capital and community assets. 6. A digital PDF version of the full set of approved final plans and submission narrative as amended must be delivered to the Administrative Officer before recording the mylar. 7. The following waivers are granted which shall apply to all subsequent levels of review: a. The applicant may proceed directly to site plan review for applications which are consistent with the plans presented at master plan and do not involve subdivision of land. Sketch plan is required should the site plan be inconsistent with the findings of this master plan approval, including substantial deviation from the approved plans. Projects involving subdivision of land that do not constitute a substantial deviation shall be allowed to proceed directly to final plat. b. The applicant may proceed directly to zoning permit approval for the following items. o PV Solar Equipment o Battery Backup Equipment o Assembly Process-related Equipment o Utility Transformers, Pedestals, and associated appurtenances o Electric Aircraft and Car Chargers If they conform to all of the following limitations: o A maximum equipment height of 15-ft. o Located where fully screened from Williston Road and Eagle Drive and where set back at least as far as the nearest adjacent building from the central access drive. o Equipment must fully comply with the performance standards of LDR Appendix A. These performance standards set numeric standards for vibration, noise, and air pollution amongst others. o Equipment shall be directly related to the approved use of the building to which it is adjacent. c. Excess landscaping expenditure from an individual phase may be allowed as credit towards future phases of the master plan, so long as required landscaping standards are met. 8. The following elements of the master plan are applicable to all subsequent applications and do not require additional review provided changes are not proposed. a. Phase geometry b. Open space areas & civic space areas c. Natural resource impacts d. Renewable energy production areas e. Proposed street layout #MP-21-02A 20 f. Proposed recreation path, sidewalk, and transit route layout. Additional connecting elements to individual phases may be required. g. Building floor areas. The Board reserves the right to require master plan review should building floor areas significantly increase or decrease. h. Building characteristics necessary to meet applicable energy standards i. Max peak hour trip generation j. Conceptual objectives of lighting design and lighting fixture palette 9. The master plan is approved for six (6) years from the effective date of this decision. The applicant may apply for an extension for cause. 10. Beta shall be responsible for project development, to include all elements described under submission requirement 15.B.04(J) below, while Burlington International Airport shall have direct control over and be responsible for long-term ownership, management, operation, and maintenance of capital and community assets. 11. The Board specifically withholds determination on what shall constitute a minor or substantial amendment until the need arises, notwithstanding such determination shall be consistent with those metrics identified herein. 12. The applicant must update the traffic study with each phase of the master plan after the phase associated with concurrent application #SD-21-28, both to evaluate the signal warrant and the trip generation. Operational functions of the traffic signal, when warranted, are subject to review and approval of the Director of Public Works and by Vermont Agency of Transportation (VTrans) as evidenced by issuance of an Act 250 permit prior to issuance of a zoning permit for installation of the signal. 13. If substantial improvement to electrical facilities is needed, it may require master plan amendment. 14. Detailed review of the water distribution and wastewater collection systems be undertaken on a phase by phase basis. 15. Stormwater treatment shall be evaluated on a phase-by-phase basis. 16. The project design shall use transitional architecture from Williston Road, have organic shapes in the landscaping area, and use common materials. 17. All elements within a geographic limit are to be included in that phase. 18. The entirety of the as yet unconstructed infrastructure in both the red and green phases shall be considered at the time of application for the building within each of those phases. 19. The connection between the project parking area and the portion of Valley Road to remain in the “blue” phase shall be removed no later than the “red” phase. 20. There shall be no use of herbicides or pesticides, nor non-organic fertilizers, within the wetlands or associated buffers. 21. There shall be no mowing within 50 feet of the wetlands on the property. Brush-hogging shall be allowed no more than three (3) times per year. 22. Any changes to the preliminary plat or other subsequent level of review that deviate from this master plan in a manner described in Section 15.07(D)(3) shall also require amending the master plan. These thresholds shall consist of: #MP-21-02A 21 a. Incorporate of land or properties that were not included in the approved master plan: The approved master plan is 40.43 acres. b. Alteration of the development plan as approved, including a change in the overall pattern of development (e.g., streets, blocks, connectivity), the location and extent of permanent open space, designated development areas and civic spaces, or the allocation of development densities and land uses: The approved plans include this information. c. Total site coverage of the property subject to the master plan: Maximum total site coverage of 50%. In addition, the applicant must not exceed the maximum allowable site coverage of 50% in the Air-I zoning district or 70% in the I/C zoning district. d. Increase in PM Peak Hour Trips: 538 PM peak hour trip ends. 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 Motion carried by a vote of 5 - 0 - 0. Signed this ____ day of April, 2022, 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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- 951-1740 or https://www.vermontjudiciary.org/environmental 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.