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HomeMy WebLinkAboutSP-22-056 - Decision - 0154 da Vinci Drive#SP-22-056 1 1 of 11 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BETA TECHNOLOGIES 154 DAVINCI DRIVE SITE PLAN APPLICATION #SP-22-056 FINDINGS OF FACT AND DECISION Site Plan application #SP-22-056 of Beta Technologies, Inc., to amend a previously approved plan for a 344,000 sf manufacturing and office building. The amendment consists of adding 261 parking spaces, 154 daVinci Drive. The Development Review Board held public hearings on April 11 and April 18, 2023. Art Klugo, Chris Gendron, and Jeff Hodgson represented the applicant. 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 hearings 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-22-056 of Beta Technologies, Inc., to amend a previously approved plan for a 344,000 sf manufacturing and office building. The amendment consists of adding 261 parking spaces, 154 daVinci Drive. 2. The subject property is located in the Mixed Industrial & Commercial Zoning District, the Transit Overlay District, and the Traffic Overlay District - Zone 3. 3. The owner of record of the subject property is the City of Burlington/Burlington International Airport. 4. The application was received on November 1, 2022. 5. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date N/A Cover Sheet Stantec 10/28/2022 C-002B Location Plan Stantec 10/28/2022 C-010 Overall Site Plan Stantec 10/28/2022 C-010B Overall Site Plan Stantec 10/28/2022 C-012 Site Plan Stantec 10/28/2022 C-012B Site Plan Stantec 10/28/2022 C-021 Grading & Drainage Plan Stantec 10/28/2022 C-021B Grading & Drainage Plan Stantec 10/28/2022 C-026 Access Road Plan & Profile Stantec 10/28/2022 CW-300 Water & Sewer Utility Plan Stantec 10/28/2022 C-071 Erosion & Sediment Control Plan Stantec 10/28/2022 L-000 Overall Landscape Plan Stantec 10/28/2022 L-200 Landscape Plan (North) Stantec 10/28/2022 L-201 Landscape Plan (South) Stantec 10/28/2022 L-202 Plant Schedule & Details Stantec 10/28/2022 #SP-22-056 2 2 of 11 L-201A Planting Plan (A-Build South) Stantec 10/28/2022 C-204A Grading & Drainage Plan (A-Build) Stantec 10/28/2022 L-200A Landscape Plan (A-Build North) Stantec 10/28/2022 L-202A Plant Schedule & Details (A-Build) Stantec 10/28/2022 C-202A Site Plan Stantec 10/28/2022 C-200A Overall Site Build (A-Build) Stantec 10/28/2022 EA-101B Site Lighting Area A Stantec 10/28/2022 EA-000B Luminaire Schedule & Lighting Legend Stantec 10/28/2022 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Mixed IC Required Existing Proposed Min. Lot Size 40,000 sq. ft. 11.52 acres (as per MP-21-02) No change Max. Building Coverage 40% 3.4% No change Max. Overall Coverage 70% 27.2% 49.7% Max. Front Setback Coverage 30% 13% No change Min. Front Setback 30 ft. 47’-2” No change Min. Side Setback 10 ft. 24 ft. No change Min. Rear Setback 30 ft. 874 ft. No change Building Height n/a n/a n/a Traffic Overlay District The subject property is located in Zone 3 of the Traffic Overlay District, which allows for 45 trips per 40,000 square feet. As an 11.52-acre parcel, the subject property is allowed to generate a maximum of 564 peak hour vehicle trip ends. The applicant was approved to generate 175 trips as part of #SD-21-28, and at that time, the Board found the project to meet the requirements of the traffic overlay district. No additional trips are proposed as part of this application. As such, the Board finds this criterion met. B) 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. The proposed parking area is in front of the proposed 344,000 sf manufacturing and office building and includes 261 additional parking spaces beyond the 55 approved previously, for a total of 316 parking spaces. The Board finds this number of parking spaces will be at least adequate to meet the demand for vehicle parking at this facility. The parking includes a network of concrete sidewalks that connect the various parts of the parking area with the two primary entrances to the approved principal structure. No parking space is further than 45 feet from one of these sidewalks, and a majority of the parking spaces are directly adjacent to one of the sidewalks in this network. The parking area will be appropriately lit and well-landscaped, and the Board finds that the proposed sidewalk system provides for safe pedestrian movement and #SP-22-056 3 3 of 11 desirable transitions. The Board finds this criterion met. (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. (viii) The building, or a portion thereof, being served by the parking area is contained within the Security Identification Display Area of a publicly-owned and operated airport. The proposed 344,000 sf manufacturing and office building, which the proposed parking area is designed to serve, makes up a portion of the barrier to the SIDA of Burlington International Airport. The Board finds that this criterion applies and is met, giving the Board the authority to grant approval to the proposed parking area layout. (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 approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection. The proposed parking area is subject to 14.07B(2)(b)(viii) therefore this criterion is not applicable. 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. No buildings are proposed as part of this application. The Board finds this criterion to be not applicable. C. Site Amenity Requirement This non-residential expansion adds fewer than 5,000 square feet to the building area. As such, this criterion is not applicable. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: 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. #SP-22-056 4 4 of 11 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(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: (6) Design intersections and other access points to City specifications to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. (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. The Board finds criteria (6) and (7) to be met for the portions of the site proposed to be modified. (8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. There are three existing curb cuts on Williston Road that provide access to this property. The applicant has an existing approval to close the curb cut furthest to the east and construct a sidewalk in its place. No changes to this plan are proposed as part of this application. (9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically 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 applicant has an existing approval to eliminate one curb cut on Williston Road and provide internal circulation via daVinci Drive. In this application, the applicant is proposing to construct 77 parking spaces along daVinci Drive as part of the overall parking design. DaVinci Drive is proposed to continue to the north, providing access to the loading dock for the manufacturing facility and the GA hangar. The Board finds this criterion met. 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. See 13.02F below for discussion of access. 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. #SP-22-056 5 5 of 11 The South Burlington Director of Public Works reviewed the plans on 12/1/2022 and offered comments to the applicant. The applicant addressed these comments to the satisfaction of the Director of Public Works on 2/21/2023. The South Burlington Water Department Director reviewed the plans on 11/19/2022 and offered comments to the applicant. The applicant addressed these comments to the satisfaction of the Water Department Director on 11/21/2022. 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. There are no dumpsters or other waste receptacles proposed as part of this application. As such, this criterion does not apply. C) 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 approved Master Plan includes the consolidation of four existing commercial lots into one, and the elimination of one of the two curb cuts that served these lots. The approved Master Plan provides inter-lot circulation between the consolidated commercial lot and the Beta general aviation hangar via da Vinci Drive. The proposed site plan also includes a modified one- way connection between da Vinci Drive and the existing northern terminus of Valley Drive. The Board finds the principal use of the subject property to be industrial, and therefore finds the subject property exempt from the requirement in the above standard requiring a cross-lot connection to ‘any adjacent commercial lot’. As such, the applicant is not required to provide a connection or an easement to the commercial property to the east, currently in use as ‘Pete’s RVs’. G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping (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. (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 #SP-22-056 6 6 of 11 be adequate to minimize blockage and prevent back-ups onto the public street. The Board finds criteria (1) and (2) to be met. (3) Provision shall be made for access by police, fire and emergency vehicles. The South Burlington Fire Marshal reviewed the plans on 11/17/2022 and offers the following comments: 1. As FMO reviewed the site plan we are not seeing the hydrant that is required as part of the Beta Production phase 1. It was supposed to be at the NNE corner of the Beta/Continental hangar interface listed as icon B-2 on sheet #2. This hydrant is critical for the fire protection plan for the new production facility (there will be another included in Production bldg. #2). 2. The drive through sections and throats of the parking plan has to allow a 1990 WB-40 non articulating truck to circulate through without hitting non mountable curbs, tree branches, or vehicles with bike racks mounted on the trailer hitches. These are everyday challenges in tight parking areas for FD Access. 3. If there are going to be EV chargers they will need to be coordinated with our office for shutoff locations in case of Li fires incidents so the charging station can be de-energized. The Board finds that the applicant must comply with the comments of the Fire Marshal as a condition of approval. (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. As discussed in 14.06.A(1), the parking area includes a network of concrete sidewalks. As such, the Board finds this criterion met. (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. 13.04 Landscaping, Screening & Street Trees 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, #SP-22-056 7 7 of 11 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. This parking area contains more than 28 contiguous parking spaces, and as such, this criterion applies. Roughly 27% of the interior of the proposed parking area is landscaped islands, which are proposed to be planted with trees, shrubs, and rain gardens. The Board finds this criterion met. (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. All proposed landscape islands are larger than the minimum requirements. The applicant has testified that all landscape islands are curbed. (4) Landscaping Requirements The landscaping plan approved as part of SD-21-28 included plantings and a design that support the parking lot proposed as part of this application. That landscaping plan and associated landscaping budget, approved as part of SD-21-28, are not proposed to change as part of this application. The South Burlington City Arborist reviewed the plans on 11/22/2022 and offers the following comments: 1. Specs for the installation of Silva Cells should be included in the plans if they’re going to be used. 2. Soil replacement or amendment to a depth of 1.5-2 ft in islands trees are to be planted in should be specified to provide adequate rooting area for the trees. The Board finds that the applicant must comply with the comments of the City Arborist as a condition of approval. i(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 to be 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. The applicant is proposing a total of 316 parking spaces, requiring 64 shade trees. 109 shade trees are proposed. The Board finds this criterion to be met. #SP-22-056 8 8 of 11 (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. The applicant has proposed trees with a minimum caliper size of three inches. The Board finds this criterion 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. 360 trees are proposed. The applicant has proposed fourteen different species of tree; the Board finds this criterion met. (7) 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. The applicant has included the proposed snow storage areas on Sheet C-012B and has indicated that the proposed areas will not impact the proposed or permitted stormwater infrastructure and/or landscaping. The applicant has further testified that all snow that cannot fit into the proposed snow storage areas will be moved off-site and stored at the airport. 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 proposed parking area will be visible from Williston Road, a public street. As such, this regulation requires landscaping, fencing, and/or screening along that that front property line. The applicant is proposing to install six deciduous trees along the front property line, in front of the proposed parking area. The applicant is also proposing to install thirteen arborvitaes along the south end of the parking area, and eighteen more deciduous trees in between the south end of the parking area and the front property line. In addition, there are eleven existing trees along the front property line that are proposed to be retained. The Board finds that the proposed landscaping features are sufficient to screen the parking area from view from Williston Road, and finds this criterion met. 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 has previously received approval to develop a front lawn on the eastern side of the frontage along Williston Road, which will include sculptural raised planting beds. The western side of the frontage will include fourteen trees. No changes to the front lawn are proposed as part of this application, but the Board notes that the proposed addition of 261 parking spaces only increases the importance of compliance with this criterion. The Board finds this criterion met. 13.03 Bicycle Parking and Storage The applicant met bicycle parking standards as part of preliminary and final plat approval #SD-21-28. No additional bicycle parking is required for this proposal. #SP-22-056 9 9 of 11 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 City Stormwater Section reviewed the proposed plans on 11/23/2022 and offered comments to the applicant. The applicant addressed these comments to the satisfaction of the City Stormwater Section on 2/22/2023. 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 indicated that the proposed project will utilize pole-mounted fixtures no taller than 25 feet high for the parking areas. All proposed exterior lighting will be LED fixtures with full cutoff, dark-sky compliant, and designed to not interfere with airport lighting. As such, the Board finds this criterion met. DECISION Motion by Quin Mann, seconded by Dawn Philibert, to approve Site Plan application #SP-22-056 of Beta Technologies, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 4. The plans must be revised to show the changes below and shall require approval of the Administrative Officer prior to issuance of a zoning permit: a. Identify the hydrant that was supposed to be at the NNE corner of the Beta/Continental hangar interface. b. Demonstrate that the parking plan can accommodate the circulation of a 1990 WB-40 non-articulating truck. c. Identify all EV charging locations and demonstrate that those locations have been coordinated with the Fire Marshal. d. Include specs for the installation of Silva Cells. e. Include specs for the landscape islands in which trees are proposed to be planted, demonstrating soil replacement or amendment to a depth of 1.5 – 2 feet. 5. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. #SP-22-056 10 10 of 11 6. 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. Only the lighting fixtures indicated in the approved photometric drawings and on the record site plans are permitted to be installed. 7. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDRs, but the request must be submitted prior to the expiration of this approval. 8. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. 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. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the proposed parking lot. 12. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. 13. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann John Moscatelli Yea Yea Nay Nay Abstain Abstain Not Present 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 2023, by _____________________________________ Quin Mann, Vice 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 #SP-22-056 11 11 of 11 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.