HomeMy WebLinkAboutAgenda 08_SP-23-036_24 Berard Dr_ECI
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #SP-23-036 24 Berard Drive
DATE: November 21, 2023 Development Review Board meeting
PROJECT DESCRIPTION
Site plan application #SP-23-036 of Engineers Construction, Inc., for after-the-fact approval for a
contractor’s yard and alteration of grade. The project consists of authorizing the continued use of a
contractor’s yard to place fill materials, 24 Berard Drive.
COMMENTS
The Board reviewed this application on September 14, 2023. The Board continued the hearing for the
purpose of allowing the applicant to address Board feedback, particularly on the southern access to the
site. The applicant has provided a vehicle turning movement plan to demonstrate their proposal.
The parties have also identified that the City’s Official Map includes a proposed public park and open
space on the subject property. This is discussed below under 3.02G below.
A) SITE PLAN REVIEW STANDARDS
14.07 Specific Review Standards
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
The site has two access points on Berard Drive, one at the north off the cul-de-sac and a second at the
southern end of the public street frontage. The Board on September 19 expressed concern that the
southern entrance created unsafe conditions on Berard Drive due to the extremely limited sight distance
of approximately 40-ft.
As noted in the September 19 report, the speed limit on Berard Drive is 25 mph and on-street parking is
permitted on both sides. The southern access point was developed for the adjoining property but
merged with the subject property in 2004 when a subdivision took place to convey land from the
southern property to the subject property.
The applicant has an existing equipment storage area near the southern end of the frontage on Berard
Drive that is currently accessed via the southern entrance.
The Board directed the applicant to provide a design that modified the southern entrance to create a
safe configuration. The applicant reports the new entrance has a sight distance of +/-250 ft and would
result in clearing approximately 45 ft of existing vegetation along Berard Drive, resulting in 1,600 sf of
2
clearing. The existing southern access drive is proposed to be closed by restoring the vertical curb and
removing the gravel within the right of way. The existing equipment storage area, and remaining access
to the equipment storage area, are proposed to be retained.
The plan submitted by the applicant entitled “New Access Drive Plan,” dated 11/7/2023, depicts the
entrance movement of a 53-foot articulated vehicle, a representation of which is shown on the plan.
The truck is depicted as not crossing the center line of Berard Drive when it enters the site at 7.2 mph,
or a crawl speed. The applicant has proposed to widen the entrance radius to 30-ft on both north and
south sides of the driveway, though it is unclear why widening on the north is proposed since the
entrance is proposed to be one-way in only, and Berard Drive is a dead end street.
The Deputy Director of Capital Projects reviewed the revised plans for traffic safety on 11/14/2023 and
expressed agreement with the proposal, and noted the applicant will need a road opening permit from
the Department of Public Works prior to commencing work within the right of way.
Staff is generally supportive of the revised entrance. However, given the existence of a northern
entrance which provides full access to the site, Staff recommend the Board discuss the following limited
aspects of the proposal with the applicant.
1. The design speed. Staff considers the design should default to success rather than provide a
solution that only works in limited circumstances. What is a typical speed for an entering
vehicle?
2. The northern curb radius. Based on the discussion on 9/19, it seems a one-way in entrance
should not require anything but a very modest radius on the northern side. If the objective is
sight distance, a tree clearing zone could instead be proposed.
B) OTHER
3.02G Official Map: The Official Map of the City of South Burlington is adopted pursuant to subsection
3 of section 4401, Title 24 VSA Chapter 117, as amended, filed in the office of the City Clerk, and
incorporated herein by reference.
State statute 24 VSA 4412 governs use of the Official Map.
§ 4421. Official map
A municipality may adopt an official map that identifies future municipal utility and facility
improvements, such as road or recreational path rights-of-way, parkland, utility rights-of-way,
and other public improvements, in order to provide the opportunity for the community to acquire
land identified for public improvements prior to development for other use and to identify the
locations of required public facilities for new subdivisions and other development under review by
the municipality.
(5) Development review for properties with mapped public facilities. Any application for subdivision
or other development review that involves property on which the official map shows a public facility
shall demonstrate that the mapped public facility will be accommodated by the proposed
subdivision or development in accordance with the municipality’s bylaws. Failure to accommodate
the mapped public facility or obtain a minor change in the official map shall result in the denial of
the development or subdivision. The legislative body shall have 120 days from the date of the denial
of the permit to institute proceedings to acquire that land or interest in land, and if these
3
proceedings are not started within that time, the appropriate municipal panel shall review the
application without regard to the proposed public facilities.
The property includes a planned public park and open space. Of note, the subject parcel of this application
is separated by another narrow parcel from the Winooski River, and portions of both are included on the
Official Map. This area appears to have been adopted in 2003 as one of many official map changes. This
area was created for the purposes of creating / preserving open spaces along the Winooski Gorge and
Winooski River. Given the topography, it is likely any public access features in this area would be limited
to a trail or trails.
Staff has spoken with the Winooski Valley Parks District (owner of the nearby Winooski Gorge park along
Lime Kiln Road) and understands that the area in question is generally steep and wooded. As shown on
the applicant’s plans, a large riparian wetland traverses the entirety of a portion of parcel #0200-0028,
which separates the subject property from the Winooski River. The Winooski Valley Parks District and
the City of South Burlington remain interested in creating open spaces along the Winooski Gorge and
Winooski River, but are unlikely to create any developed trail network until such time as safe access is
available through several contiguous parcels comprising the official map feature in this location.
The applicant’s proposal to accommodate the planned public park and open space is as follows.
In order to preserve this area shown on the Official Map, the Project proposes to restrict the use of this
area to include only placement of fill, stormwater treatment and access to stormwater treatment.
To allow for possible future use of a trail through this area, the Project proposes an Easement Area to
benefit the City of South Burlington between the existing concrete barriers and the eastern property
line of the Project parcel, or a Boundary Line Adjustment between the Project parcel and abutting
parcel adjacent to the Winooski River. An Irrevocable Offer of Dedication for this area of land would
be made to the City of South Burlington to be conveyed at some future time once the City has secured
access to the land. The proposed Easement Area or Boundary Line Adjustment is shown on C-1.0
Overall Plan, and C-1.2 Site Plan.
Staff considers the applicant’s proposal to comply with the requirement to accommodate the official map
feature, and recommends the Board include a condition that the applicant cannot use the land of the
official map feature for anything other than fill, stormwater access, and stormwater treatment. Staff also
recommends the Board impose a condition requiring the land between the subject property line and the
concrete barriers placed at the toe of slope when the property was first permitted for fill be reserved
either via easement or boundary line adjustment within 1 year of approval of the site plan.
RECOMMENDATION
Staff recommends that the Board discuss the project with the applicant and close the hearing.
ECI Berard Drive Facility
K&S Properties, LLC
24 Berard Drive, South Burlington
November 7, 2023
Page 1 of 1
UPDATED NARRATIVE for REVISED PLANS
The Project has submitted revised plans showing the location of a proposed 30-foot-wide gravel
access drive to replace the existing southern access drive. The revised plans also show the
location of the Planned Park & Open Space area along the eastern portion of the Project parcel
and a proposed Future Easement or Boundary Line Adjustment within this area.
Proposed Access Drive
After a meeting on site to discuss the proposed improvements to the existing southern access
drive with David & Mary Clifton, the abutting landowners across the street from the existing
drive, an agreement was reached to replace the existing drive with a new access drive located
±170 feet further northerly along Berard Drive.
The Project proposes a new 30-foot-wide gravel access drive with paved apron. The new access
drive was designed to allow for a Low-Boy Trailer Truck to turn into the site if required without
crossing the road centerline, see SK-3 New Access Drive Plan. The new access drive will be
used for vehicles and dump trucks to both enter and exit the site and will provide vehicle
circulation within the site in combination with the existing northern access drive.
The new 30-foot-wide gravel access drive will provide a southerly sight distance of ±250 feet
and would require a corridor through the existing vegetation along Berard Drive approximately
45 feet wide, resulting in an additional ±1,600 s.f. of clearing, see C-1.2 Site Plan.
The existing access drive will be abandoned after installation of the new access drive. The
concrete curb will be restored to its full height and the ex. gravel area within the right-of-way
will be seeded and mulched with barricades placed along the edge of the right-of-way, leaving
the remaining ex. access road in front of the ex. equipment storage.
Proposed Easement Area or Boundary Line Adjustment
An area of the Planned Park & Open Space shown on the Official Map is located along the
eastern portion of the Project. In order to preserve this area shown on the Official Map, the
Project proposes to restrict the use of this area to include only placement of fill, stormwater
treatment and access to stormwater treatment.
To allow for possible future use of a trail through this area, the Project proposes an Easement
Area to benefit the City of South Burlington between the existing concrete barriers and the
eastern property line of the Project parcel, or a Boundary Line Adjustment between the Project
parcel and abutting parcel adjacent to the Winooski River. An Irrevocable Offer of Dedication
for this area of land would be made to the City of South Burlington to be conveyed at some
future time once the City has secured access to the land. The proposed Easement Area or
Boundary Line Adjustment is shown on C-1.0 Overall Plan, and C-1.2 Site Plan.
1.This plan is in no way a boundary survey. Property lines shown are
based on tax map information from the City of South Burlington and
a plan entitled "Property To Be Conveyed By Alan & Maureen
Pidgeon & K&S Properties, LLC To Vermont Transco LLC, Berard
Drive, South Burlington, Vermont" by Vermont Surveying and
Engineering, dated 12-28-10 and recorded in Map Slide 557, Page
2 of the City of South Burlington Land Records.
2.The horizontal coordinate system is based on NAD83 Vermont
State Plane 4400 (US Survey Feet). Elevations are based on the
NAVD88 datum (US Survey Feet).
3.Existing utilities shown are not warranted to be exact or complete.
Contractor shall contact DIG SAFE and other non-member utilities
prior to beginning any excavation.
4.Existing conditions shown are based on 2014 LiDAR data from the
Vermont Center for Geographic Information (VCGI), and a
topographic survey by Krebs & Lansing Consulting Engineers in
May 2023. Background imagery shown is 2022 orthoimagery from
VCGI.
5.Wetlands shown were delineated by Arrowwood Environmental on
June 27, 2023 and located by Krebs & Lansing Consulting
Engineers on July 10, 2023.
6.The Base Flood Elevation (BFE) of the 100-year flood adjacent to
the site is approximately 204.5 feet in elevation, based on FEMA
FIRM Map No.50007C0256D with effective date July 18, 2011. The
limits of the 100-year floodplain shown on this plan are based on
VCGI data and do not reflect the changes in elevation in this area.
C-1.0
Drawing No.
Project No.
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 80'
23168
7/28/2023
ECI Berard
Drive Facility
Overall Plan
NOTES
164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
SITE
LOCATION MAP
SCALE: 1" = 2,500'
JBC
24 Berard Drive
South Burlington
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTIONEXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
100-YEAR FLOODPLAIN BOUNDARY (VCGI)
RIVER CORRIDOR (VCGI)
REGULATORY FLOODWAY AREA (VCGI)
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
PROPERTY LINE SETBACKS
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND:
AIRPORT APPROACH ZONE BOUNDARY
WETLANDS (LOCATED BY ARROWWOOD)
EXISTING STORM PIPE / CATCH BASIN
EXISTING CONCRETE BARRIERS
50' WETLAND BUFFER
EXISTING GRAVEL BERM
HABITAT BLOCK (VCGI)
EXISTING TREELINE
EXISTING CHAINLINK FENCE
PROPOSED ACCESS DRIVE
PROPOSED CLEARING LIMITS
PROPOSED AREA FOR FUTURE EASEMENT
OR BOUNDARY LINE ADJUSTMENT
1 11-07-23
Added Proposed Park &
Open Space, Access Drive
& Easement/BLA Area
No. Date Description
1
1
PROPOSED PARK & OPEN SPACE (FROM OFFICIAL MAP)1
EXISTING ACCESS DRIVE
>
>
>
>
>
>
>>>
>>>>>>>>>>>>>>>>164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
Existing Areas:
Existing Lot Size = 7.68 acres (±334,450 s.f.)
Existing Impervious Areas:
Existing Buildings = 0 s.f.
Existing Paved & Gravel Roads = ±15,865 s.f. (±0.37 acres)
TOTAL Existing Impervious Area = 15,865 s.f.
Total Existing Lot Coverage = 15,865 / 334,450 = 4.74%
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTION
C-1.1
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 50'
23168
7/28/2023
ECI Berard
Drive Facility
Ex. Conditions
Plan
JBC
24 Berard Drive
South Burlington
Zoning District:
MIXED INDUSTRIAL & COMMERCIAL (IC)
Minimum Lot Size = 40,000 s.f.
Maximum Building Coverage = 40%
Maximum Impervious Coverage = 70%
Front Setback = 30 feet
Side Setback = 10 feet
Rear Setback = 30 feet
SITE
LOCATION MAP
SCALE: 1" = 2,500'
EXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
100-YEAR FLOODPLAIN BOUNDARY (VCGI)
RIVER CORRIDOR (VCGI)
REGULATORY FLOODWAY AREA (VCGI)
EXISTING ACCESS DRIVE
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
PROPERTY LINE SETBACKS
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND:
AIRPORT APPROACH ZONE BOUNDARY
EXISTING STORM PIPE / CATCH BASIN
EXISTING CONCRETE BARRIERS
EXISTING DRAINAGE SWALE>>
50' WETLAND BUFFER
EXISTING GRAVEL BERM
WETLANDS (LOCATED BY ARROWWOOD)
HABITAT BLOCK (VCGI)
EXISTING TREELINE
EXISTING CHAINLINK FENCE
LANDOWNER: K & S Properties, LLC
P.O. Box 2187, South Burlington, VT
APPLICANT: Ken Pidgeon
Engineers Construction, Inc.
P.O. Box 2187, South Burlington, VT
ADDRESS: 24 Berard Drive
PARCEL ID: 0200-00024
Planning & Zoning Information
PROPOSED PARK & OPEN SPACE (FROM OFFICIAL MAP)1
1 11-07-23 Added Proposed Park
& Open Space
1
1
>
>
>
>
>
>
>>>
>>>>>>>>>>>>>>>>164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
LANDOWNER: K & S Properties, LLC
P.O. Box 2187, South Burlington, VT
APPLICANT: Ken Pidgeon
Engineers Construction, Inc.
P.O. Box 2187, South Burlington, VT
ADDRESS: 24 Berard Drive
PARCEL ID: 0200-00024
Existing Areas:
Existing Lot Size = 7.68 acres (±334,450 s.f.)
Existing Impervious Areas:
Existing Buildings = 0 s.f.
Existing Paved & Gravel Roads = ±15,865 s.f. (±0.37 acres)
Total Existing Impervious Area = 15,865 s.f.
Total Existing Lot Coverage = 15,865 / 334,450 = 4.74%
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTION
C-1.2
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 50'
23168
7/28/2023
ECI Berard
Drive Facility
Site Plan
JBC
24 Berard Drive
South Burlington
Planning & Zoning Information
Zoning District:
MIXED INDUSTRIAL & COMMERCIAL (IC)
Minimum Lot Size = 40,000 s.f.
Maximum Building Coverage = 40%
Maximum Impervious Coverage = 70%
Front Setback = 30 feet
Side Setback = 10 feet
Rear Setback = 30 feet
SITE
LOCATION MAP
SCALE: 1" = 2,500'
EXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
100-YEAR FLOODPLAIN BOUNDARY (VCGI)
RIVER CORRIDOR (VCGI)
REGULATORY FLOODWAY AREA (VCGI)
PROPOSED ACCESS DRIVE
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
PROPERTY LINE SETBACKS
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND
AIRPORT APPROACH ZONE BOUNDARY
EXISTING CONCRETE BARRIERS
50' WETLAND BUFFER
EXISTING GRAVEL BERM
PROPOSED FILL AREA
HABITAT BLOCK IMPACT AREA
HABITAT BLOCK IMPACT MITIGATION AREA
WETLANDS (LOCATED BY ARROWWOOD)
PROPOSED CLEARING LIMITS
PROPOSED AREA OF CLEARING
Proposed Areas:
·Proposed Clearing Area = ±0.65 acres (±27,175 s.f.)
·Proposed Fill Area = ±3.50 acres (±152,275 s.f.)
·Proposed Gravel Access Drive = ±0.07 acres (±2,875 s.f.)
·Proposed Total Impervious Area = ±0.43 acres (±18,740 s.f.)
·Proposed Lot Coverage = 18,740 / 334,450 = 5.60%
HABITAT BLOCK (VCGI)
EXISTING TREELINE
EXISTING CHAINLINK FENCE
FINISH GRADE CONTOUR
LINE (5 FOOT INTERVALS)
FINISH GRADE CONTOUR
LINE (1 FOOT INTERVALS)
1 11-07-23
Added Proposed Park &
Open Space, Access Drive
& Easement/BLA Area
1
PROPOSED AREA FOR FUTURE EASEMENT
OR BOUNDARY LINE ADJUSTMENT1
1
1
PROPOSED PARK & OPEN SPACE (FROM OFFICIAL MAP)1
1
1
EXISTING ACCESS DRIVE
>>>>>>>>>EXISTING TREELINE
EXISTING CHAINLINK FENCE
164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
ISSUED FOR
PERMIT REVIEW
NOT FOR
CONSTRUCTION
SK-3
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 15'
23168
11/07/2023
ECI Berard
Drive Facility
New Access
Drive Plan
JBC
24 Berard Drive
South Burlington
SITE
LOCATION MAP
SCALE: 1" = 2,500'
EXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
EXISTING ACCESS DRIVE
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
PROPERTY LINE SETBACKS
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND:
AIRPORT APPROACH ZONE BOUNDARY
EXISTING STORM PIPE / CATCH BASIN
EXISTING CONCRETE BARRIERS
EXISTING DRAINAGE SWALE>>
NEW GRAVEL AREA
NEW PAVEMENT AREA
PROPOSED CLEARING LIMITS
Steering Angle
Lock to Lock Time
Articulating Angle
Low-Boy Trailer 53 feet
Trailer Track
Tractor Track
Trailer Width
Tractor Width
15.752.83
feet
8.50
8.50:
8.50
8.50
:
:
::
:
:6.0
22.3
70.0
0.00
42.00
12.08 51.33
4.83