HomeMy WebLinkAboutSP-24-002 - Decision - 0154 da Vinci Drive #SP-24-002
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BETA TECHNOLOGIES
154 DAVINCI DRIVE
SITE PLAN APPLICATION#SP-24-002
FINDINGS OF FACT AND DECISION
Site Plan application #SP-24-002 of BETA Technologies, Inc. to amend a previously approved
planned unit development 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. The amendment consists of after-the-fact approval to modify the approved
landscaping adjacent to the manufacturing and office building, provide replacement for improperly
removed vegetation along Williston Road, modify the driveway configuration for the existing
building at 355 Valley Road, and minor site improvements, 154 Davinci Drive.
The Development Review Board held a public hearings on January 3, 2024. Art Klugo; Larry
Lackey, Chris Gendron,Jeff Hodgson, and Cynthia Silvey 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 hearing and the plans and supporting
materials contained in the document file for this application,the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. This project consists of Site Plan application #SP-24-002 of Beta Technologies, Inc.,to amend a
previously approved planned unit development 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. The amendment consists of after-the-
fact approval to modify the approved landscaping adjacent to the manufacturing and office
building, provide replacement for improperly removed vegetation along Williston Road,
modify the driveway configuration for the existing building at 355 Valley Road, and minor site
improvements, 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 December 8, 2023.
5. The plans submitted consist of the following:
Sheet Description Prepared By Last Revised
No. Date
Additional Replacement Trees Wagner Hodgson 11/10/2023
L-004A Tree Protection Plan (A-Build) Wagner Hodgson 11/10/2023
L-000A Overall Landscape Plan (A-Build) Wagner Hodgson 11/14/2023
L-200A Landscape Plan (A-Build) Wagner Hodgson 11/14/2023
L-201A Landscape Plan (A-Build) Wagner Hodgson 11/14/2023
L-205 DaVinci Planting Comparison Wagner Hodgson 12/01/2023
L-202A Plant Schedule (A-Build) Wagner Hodgson 11/14/2023
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6. The applicant is nearing completion of the first phase of approved Preliminary and Final Plat
#SD-21-28, which consists of a 163,000 office, storage, and manufacturing building and
associated parking and stormwater management facilities. They have made several
modifications to the approved design which are not acceptable as field changes and should
have been brought before the Board prior to implementation.,).
The proposed changes consist of after-the-fact approval for the following.
a. Removal of mature trees required to be retained on the portion of the site near Williston
Road and replacement with new trees.
b. Reconfiguration of the driveway to 355 Valley Road. access to which was approved to be
from the new site roadway.
c. Removal of trees required to be planted along the west side of the building and installation
of trees along the site roadway.
Before addressing the compliance of the proposed changes with the Land Development
Regulations, the Board admonishes the applicant in the strongest terms that the failure to
address its desired changes prior to implementation was contrary to the letter and spirit of the
LDR.
A) ZONING DISTRICT&DIMENSIONAL REQUIREMENTS
No changes to dimensional standards are proposed.
Traffic Overlay District
No changes to trip generation are proposed.
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 project is located along a private road constructed to public roadway standards,
pursuant to 15.12D. Therefore the context of the development includes both its
relationship to Williston Road and in relationship to the private street.
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping
along the street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the
street and, where a prevalent pattern exists, shall continue the manner in which the
site's existing building foundations relate to the site's topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing,planned or approved development,and proposed development.
This criterion is applicable to the landscaping between the approved manufacturing
building and the existing hangar. The existing hangar is approximately 35,000 sf and
the approved manufacturing building is approximately 10x larger at 344,000 sf. The
space between the two buildings is approximately 50-ft wide,which is as wide as some
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of the City's street rights-of-way, which include in their cross section two-way travel
lanes, a greenbelt with street trees, and a sidewalk or recreation path.
Due to the industrial nature of the area and the airport's representations regarding
plantings near the airfield,the Board finds this criterion met.
(di Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent
possible within the context of the overall standards of these regulations.
(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.
No modifications to approved parking are proposed.
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.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
(3) To accomplish(1)and(2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and
orientation of principal buildings,prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features
that define neighborhood character, without adhering to a particular architectural
style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties,including side
and back yard areas through context sensitive design.
Due to the industrial nature of the project area,the Board finds this criterion met.
C. Site Amenity Requirement
Site amenities are required for additions exceeding 5,000 sf to non-residential structures. This
requirement is not applicable.
14.07 Specific Review Standards
A. Environmental Protection Standards
All proposed development shall be subject to the applicable requirements of Article 12,
Environmental Protection Standards.
No changes affecting compliance with Environmental Protection Standards are proposed.
B. Site Design Features.
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All proposed development shall comply with standards for the placement of buildings,parking and
loading areas, landscaping and screening, open space, storm water, lighting, and other applicable
standards related to site design pursuant to these Land Development Regulations.
These standards are contained in Article 13 and are discussed below.
C. Access and Circulation.
All proposed development shall comply with site access and circulation standards of Section
15.A.14.
Much of 15.A.14 pertains to the construction of streets,which are not applicable to this application.
The applicable sections of 15.A.14 follow.
15.A.14(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, Transact 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 Deputy Director of Capital Projects reviewed the revised driveway for 355 Valley Road as
it pertains to safety and sight distances and offers the following comment.
/don't love adding the curve,particularly from a sight distance point of view, but l
think it would be ok since it's a low volume road and there isn't a crosswalk across
the drive.
The Fire Marshall reviewed the revised driveway on 12/26/2023 and indicated there were no
concerns.
The Board finds the revised driveway configuration to be acceptable.
(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.
(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 Board finds the proposed modification does not affect compliance with criteria 8 and 9.
D. [Reserved for Transportation Demand Management(TDMII
E. Building Form.
Development within the City Center Form Based Code District, the Urban Design Overlay District,
and other districts with supplemental building form standards shall adhere to the standards
contained therein.
These standards are not applicable to this project.
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F. Streetscape Improvements.
A proposed new construction or extension/expansion of an existing structure exceeding the
thresholds listed in either(a) Section 14.09(B) or(b)Section 8.11(D) within the City Center Form
Based Code, or Section 3.11(D)in all other zoning districts, shall be required to upgrade adjacent
sidewalks,greenbelts,and related street furniture(trees,benches, etc.)to the standards contained
within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall
be construed to limit requirements for additional upgrades as necessary to meet the requirements
of these Regulations.
The applicant is proposing additional plantings along the site road. This criteria is new since the
original approval, and inadvertently references the incorrect section. The correct referenced
sections are 14.04(B), 8.11(D), and 3.15(D), which will be corrected with the next round of LDR
amendments. The Board did not require street trees at the time of original approval,and no building
extension/expansion is proposed,therefore the Board finds this criterion to be not applicable. The
applicant is welcome to provide street trees at their discretion, and the City Arborist has no issues
with the installed trees.
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.
While this application does affect access, the Board finds it does not change compliance with this
criterion.
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.
/. 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(Le., non-dumpster,non-large drum)shall not be
required to be fenced or screened.
No modifications to criteria Hand /are proposed.
C) SUPPLEMENTAL REGULATIONS
13.04 Landscaping, Screening&Street Trees
A. Purpose.
The City of South Burlington recognizes the importance of trees, vegetation, and well-planned
green spaces in bringing nature into the city and using these as a resource in promoting the health,
safety, and we/fare of city residents through improved drainage, water supply recharge, flood
control, air quality, sun control shade, and visual relief Landscaping and screening shall be
required for all uses subject to site plan and planned unit development review. Street tree planting
shall be required for all public streets in a subdivision or planned unit development In evaluating
landscaping, screening, and street tree plan requirements, the Development Review Board shall
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promote the retention of existing trees while encouraging the use of recommended plant species.
In making its decisions, the Development Review Board may refer to the Vermont Tree Selection
Guide, published by the Vermont Urban & Community Forestry Program and/or the
recommendation of the City Arborist.
In SD-21-28,the Board specifically required retention of a 32-inch maple and a 34-inch maple along
the proposed recreation path between Williston Road and the approved building, directing the
applicant to modify the originally proposed grading and rec path alignment to retain the trees. The
applicant also proposed, and the Board approved, retention of some existing trees along Williston
Road. The applicant has removed the large mature maples as well as a 14-inch honey locust along
Williston Road. While these removals are extremely unfortunate,they are irreversible and therefore
the Board must move forward with review of the tree replacement plan.
The applicant has proposed replacement plantings consisting of a total of fourteen (14) four to six
inch maples, oaks, and honey locusts near Williston Road and the south end of the site road. The
Board finds the total diameter of the replacement trees must total at least 80 inches, consisting of
trees no less than four inches diameter each.
The Board further finds the applicant shall provide surety for the replacement plantings in the
amount prescribed in LDR 17.15, based on the installed cost of the replacement plantings.
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, orb)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.
(1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of
three(3)feet)and opacity to effectively screen the parking or loading area year-round from
adjacent public streets.
The proposed replacement plantings along Williston Road provide additional screening of
approved parking and site features,and,as indicated by the City Arborist on 11/14/2023, "the
trees along the entrance road on the north side are pretty tightly spaced and will have
overlapping crowns eventually but that could be the design effect they are after and isn't
necessarily a problem."
An additional comment of the City Arborist is as follows
/would caution against planting Sugar Maples in close proximity to either Williston Rd
or the entrance road,as they are quite intolerant of the site conditions in those locations.
The Board finds that Sugar Maples are not permitted as species for the proposed replacement
plantings near the Williston Road site entrance.
(2) Screening of a parking or loading shall be provided where headlights from vehicles on
site may be visible and project parallel to a public street.
(3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity to
effectively screen outdoor storage areas, refuse, recycling, and compost collection
(excluding on-site composting)areas.
(4) The landscaping shall be designed to minimize erosion and storm water runoff, and to
protect neighboring residential properties from the view of uses and parking areas on the
site. The landscaping shall be of such type,height,and spacing,as in the judgment of the
Development Review Board, will effectively screen the activities on the lot from the view
of persons standing on adjoining properties. The plan and specifications for such planting
shall be filed with the approved plan for the use of the lot
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(5) Modifications. Where the existing topography and/or landscaping provides adequate
screening or would render the normally required screening inadequate, the Development
Review Board may modify the planting and/or buffer requirements by, respectively,
decreasing or increasing the requirements.
(6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and
such landscaping plan shall be part of the application.
(7) Additional landscaping above and beyond the minimum landscape budget formula may
be required for the purpose of adding a buffer strip along 1-89 to properly screen
development from the highway.
The Board finds the remainder of these specific screening and buffering criteria to be not
applicable.
G. Landscaping Standards.
(1) The Development Review Board shall require compliance with any Tree Ordinance or
Landscaping Design Standards enacted by the City of South Burlington,subsequent to the
effective date of these regulations.
(2) Overall, there shall be a mix of large canopy tree species within each landscaping plan.
The previously approved plantings between the approved building and the existing hangar
consists of six (6) 3-3.5" American hornbeams,four (4) apple serviceberry (a decorative tree),
and six eastern hemlock installed at 8- 10' height. There are additional of each of these
species proposed to be installed elsewhere on the site,though in the proposed configuration
as previously stated there are no trees between the two buildings.
(3) Landscaping Budget Requirements. The Development Review Board shall require
minimum planting costs for all site plans,as shown in Table 13-4 below. In evaluating
landscaping requirements,some credit may be granted for existing trees or for site
improvements other than tree planting as long as the objectives of this section are not
reduced. The costs below are cumulative;for example, a landscaping budget shall be
required to show a planned expenditure of three percent of the first$250,000 in construction
or improvement cost plus two percent of the next$250,000 in construction or improvement
cost,plus one percent of the remaining cost over$500,000. The landscaping budget shall be
prepared by a landscape architect or professional landscape designer.
The total value of the omitted trees was $20,400. The previously required landscaping cost for
the first phase of the manufacturing building was$657,500 and the applicant provided
$787,580 in plantings. No fiscal credit was granted for retention of existing trees. Therefore
the value of the omitted trees and the improperly removed trees is not an issue.
DECISION
Motion by John Moscatelli, seconded by Charles Johnston,to approve Site Plan application #SP-
24-02 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. Sugar Maples are not permitted as species for the proposed replacement plantings near the
Williston Road site entrance. The total diameter of the replacement trees must total at least 80
inches, consisting of trees no less than four inches diameter each.
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4. Prior to issuance of a zoning permit, the applicant must provide surety for the replacement
plantings in the amount prescribed in LDR 17.15, based on the installed cost of the
replacement plantings.
5. 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.
6. The applicant must maintain the approved landscaping in a vigorous growing condition
throughout the duration of the use.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
8. 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.
9. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to
use of the amended portion of the project
10. 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.
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Quin Mann Yea Nay Abstain Not Present
John Moscatelli Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Charles Johnston Yea Nay Abstain Not Present
Motion carried by a vote of 4—0—0.
Signed this_12th_day of February 2024, by
Digitally signed by Quin Mann
Quin Mann Date:2024.02.12 12:50:44
-05'00'
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 http://vermontjudiciary.orq/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.
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