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HomeMy WebLinkAboutMinutes - Development Review Board - 06/02/2015 SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD MEETING MINUTES 2 JUNE 2015 The South Burlington Development Review Board held a regular meeting on Tuesday, 2 June 2015, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: T. Barritt, Chair; J. Smith, J. Wilking, B. Breslend ALSO PRESENT: R. Belair, Administrative Officer; P. Conner, Director of Planning & Zoning; G. Rabideau, R. Audette, C. Donahue, H. Riley, P. Bouchard, J. Desautels, J. Larkin, C. Deslauriers, S. McIntyre, D. Pratt, C. Goddard, John Grissom, Jeremy Grzywna, J. Randazzo, E. Hoyt, B. Spalding, C. Scott, T. & P. Meaker, H. Ebbers, T. Vigneau, K. Cady, K. Barry 1. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: Mr. Conner announced that last Friday, the Vermont Planners’ Association presented their annual awards, and the South Burlington Development Review Board was named the Vermont Citizen Board of the Year. Mr. Conner read the criteria for the award and the accolades that were given to the South Burlington DRB. Letters of support were submitted by the City Attorney firm of Stitzel and Page, by the Act 250 District Coordinator, and by Lou Bresee. Mr. Barritt said he was proud of the work accomplished by the Board and cited the hard work of the administrative team who prepare applications before they get to the DRB. 3. Announcements: Mr. Barritt noted that his term is up for appointment, and he will be reapplying. 4. Sketch Plan Application #SD-15-17 of John Larkin, Inc., to amend a previously approved plan for a 69 unit congregate care facility in two buildings. The amendment consists of: 1) razing three single family dwellings and one office building, 2) constructing a 24 unit congregate care facility, and 3) constructing a 48 unit congregate care facility, 1468, 1474, 1480, 1510 & 1530 Williston Road: Mr. Rabideau showed an overall aerial view of the site. He noted that Pillsbury Manor has been on Williston Rd. for a generation. He showed the existing buildings. Mr. Rabideau said the applicants have a need to provide more common space and more activities for residents. They also need to have space for more residents. The plan is to construct 2 new buildings in 2 phases. Mr. Rabideau showed the location for the new buildings. The 3 existing houses and an office building would eventually be razed. Some of the existing apartments in The Gazebo Apartments will be phased out to create more kitchen space and more nurses’ space. The plan also proposes a gardening space along Williston Road. Over time, existing curb cuts would be removed. Parking would be in the back behind the buildings where it would be screened from Williston Rd. Extensive landscaping is proposed as well as a continuous walking path around the whole property. The new buildings would be 2 stories with occupied attic space (dormers). The applicant is asking for a setback waiver so that porches can be created. The exact timing of the phasing is not yet set. They will update the existing buildings so that eventually the buildings can all be linked up. Mr. Rabideau showed a representation of what the buildings would look like from the street. He indicated they would maintain as many of the existing trees as possible. Mr. Barritt noted that Mr. Behr, who could not attend this meeting, was comfortable with what he saw in the plans. Mr. Wilking had no issue with the setback waiver, but he wanted it to seem more like an integrated development. He felt the Gazebo seems “unimproved.” The issue of the building height was then raised. Mr. Belair read from the regulations, and said he didn’t yet have enough information to definitively say the proposed height is/is not OK. Mr. Wilking said he didn’t feel the proposed height was out of place. Mr. Rabideau said they will do a building by building survey to see whether they meet the regulations. Mr. Breslend asked about the potential for road widening. Mr. Rabideau said there is no pressure to expand the road. The new structures would meet the new right-of-way. Residents of the neighborhood, particularly those living on Gilbert Street, expressed concern with traffic and with an added volume of cars going on Gilbert Street. They noted that emergency vehicles will also have to use Gilbert Street to access the buildings. Concern was also noted with regard to the proposed Williston Rd. garden space. Residents said you can’t carry on a conversation on the street due to the noise of traffic, and they didn’t feel residents would be comfortable being there. Mr. Rabideau said they haven’t yet done a traffic study. He stressed that this is not an apartment complex. It is care for the elderly, which is a very low traffic generator. The bulk of the traffic would be from visitors and staff. He did acknowledge there could be an incremental increase in emergency services. A resident asked what the total number of units would be. Mr. Rabideau said they anticipate about 83 or so. Gilbert Street residents asked for some kind of traffic control. Mr. Rabideau said they would consider working with Public Works on this. Residents asked how long the houses that are coming down would be vacant. Mr. Rabideau said they will be occupied until the second phase begins; then they would be razed. Mr. Rabideau said they are willing to look at not having an ingress/egress on Gilbert Street; however, they would like more than one access to the site. He felt there are things that can be done to mitigate the issues. Ms. Reilly said she was concerned with a parking lot on the street. They would prefer some kind of park for both Gilbert St. residents and Pillsbury Manor residents. She felt Gilbert Street would be turned into a commercial street otherwise. Ms. Donahue was concerned with Gilbert Street becoming a “freeway” between White Street and Williston Road. She noted that people use the “suicide lane” on Williston Rd. as a speedway. The applicant noted that in the existing 67 units, there are about 6 or 7 people with cars. He suggested they might restrict Gilbert Street parking to residents who don’t drive very often. Mr. Barritt suggested the applicant meet with neighbors to try to work out the concerns. Another resident was concerned with headlights shining into their home. Emergency vehicles are there with lights on for a long time. They were also concerned with noise from kitchen blowers. Mr. Rabideau said they will be sure to screen the parking lot, possibly make it smaller than what was shown. The applicant suggested having an open house at Pillsbury Manor and inviting the neighbors to visit the site. Mr. Belair explained the next steps and stressed that all abutters will be notified of subsequent hearings. 5. Site Plan Application #SP-15-31 and Design Review Application #DR-15-03 of Tesla Motors to amend a previously approved planned unit development consisting of: 1) a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use, 2) a 12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The amendment consists of: 1) the installation of Tesla Motors Supercharging Station on six existing parking spaces, and 2) the installation of the associated support infrastructure, 200 and 222 Dorset Street & 59 Garden Street: Mr. Belair noted that since the abutters did not receive a full abutter notification, the item will have to be continued to 16 June. Mr. Wilking moved to continue #SP-15-31 and #DR-15-03 until 16 June 2015. Ms. Smith seconded. Motion passed 4-0. 6. Final Plat Application #SD-15-15 of Robert Audette for a planned unit development to subdivide a 9,607 sq. ft. lot off from a 770 acre parcel developed with an airport, 1200 Airport Drive, and 7. Site Plan Application #SP-15-20 of Robert Audette for approval to amend a previously approved site plan for seven commercial buildings with a mixture of commercial uses. The amendment consists of: 1) revising the parking layout, 2) adding parking spaces, and 3) relocating dumpster enclosure areas, 1900 & 1930 Williston Road: and 8. Site Plan Application #SP-15-21 of Robert Audette for approval to allow parking, and a six ft. fence on land being leased to the applicant from the City of Burlington which is adjacent to property owner’s property at 1900 & 1930 Williston Road: Ms. Desautels and Mr. Audette reviewed the history of the applications, noting that an area that has been used as a parking lot is actually on Airport property. The applicant will be leasing the area from the Airport and will continue to use it as a gravel parking lot. They will also clean up some circulation problems. Some gravel has been removed and changed to a grassed area. Members were OK with #SD-15-15. Mr. Audette noted that with regard to the second application, he has dumpsters in 2 locations which are surrounded on 3 sides by buildings. They can’t be seen from anywhere. He did not see why they had to be screened. Mr. Barritt said the requirement can’t be waived. Mr. Belair noted a part of one parking space extends to the front of the building. It would be OK if it were made parallel with the front of the building. Mr. Audette said he can do that. Members were OK with #SP-15-21. Mr. Audette noted that the fence in the 3rd application is 5 feet high, not 6 feet. It extends from the eastern border behind the existing buildings to the end of the last building. It will be on the leased land and will be chain link with a top bar. No issues were raised with #SP-15-20. Mr. Wilking then moved to close #SD-15-15, #SP-15-20 and #SP-15-21. Ms. Smith seconded. Motion passed 4-0. 9. Final Plat Application #SD-15-16 of Champlain Water District for a planned unit development to amend a previously approved plan for a 2.1 million gallon water storage tank. The amendment consists of: 1) constructing a 190 ft. high communications tower including antennas, and 2) constructing a 216 sq. ft. support building, 1215 Dorset Street: Ms. McIntyre said the only change from Preliminary Plat involves changing the spacing of landscaping. They are still well over the required amount of landscaping. Ms. McIntyre also advised that FAA lighting for the tower cannot be shielded. It will be a red beacon light. Mr. Belair said an exception will be made for that. No issues were raised. Mr. Wilking moved to close #SD-15-16. Mr. Breslend seconded. Motion passed 4-0. 10. Site Plan Application #SP-15-25 and Design Review Application #DR-15-02 of Charles DesLauriers to amend a previously approved plan for a 104 room extended stay hotel (Green Mountain Suites). The amendment consists of: 1) replacing existing landscaping along the front of the building with different landscaping, and 2) relocating and replacing fencing along north property boundary, 401 Dorset Street: Mr. DesLauriers said the existing landscaping has gotten “dated,” and they will be replacing it with shrubs and flowers along Dorset St. No trees will come down. Plants will bloom throughout the year. They also want to change the fencing in the back parking lot on the west side of Sherry Road. Mr. DesLauriers showed the location of the fence on the plan and showed where the new fence will follow the property line. It would be a 6-foot cedar stockade fence. Mr. DesLauriers noted there are 2 abutter’s sheds going across the property line. The woods in the area have been used for dumping. Mr. DesLauriers said they will maintain the woods. They will not take down any trees except dead ones and will clean up leaves and underbrush. Mr. Barritt noted receipt of a letter from Joe and Rita Randazzo opposing the fence. Mr. Randazzo, who was present, felt a fence can’t be put up without cutting down the hemlocks on the property line. These were put in as a buffer between his property and the applicant’s. A fence was originally rejected by the DRB as “too intrusive.” Mr. Randazzo felt that any new fence should be exactly where the existing fence is. Mr. DesLauriers said they can put up the fence and not remove any trees. John Grzywna, previous owner of the abutting property (now owned by his son), agreed that the shed is partly on the applicant’s property. When one of the trees from the applicant’s property fell on the shed, the hotel manager said it wasn’t his problem, so Mr. Grzywna said he rebuilt the shed where it had always been. He also showed photos of debris on the property that he has been cleaning up. He is concerned that the applicant will not maintain the property because they aren’t doing so now. He also opposed the fence. Jeremy Grzywna, abutting owner, opposed the fence. He noted there is a lot of police activity in the parking lot, and the fence will allow more people to be back there. He didn’t want anyone jumping the fence onto his property. He said he has always mowed the grass and kept the area clean, even though it isn’t his property. He noted there is a tree that will probably fall down in the next few years that should be taken down now. He is also concerned with car lights shining into his yard; the pine trees that used to block the light are now dead. Mr. Hoyt said he has seen the Grzywnas cleaning up the place in the summer; they don’t use the property, they make it look good. He noted that the area is very swampy and the fence he has rises 6-10 inches off the surface each year. He would like to see a condition that the proposed fence be maintained by the applicant. Mr. Hoyt also noted that he has tried to get dead trees taken down. The hotel agreed to it. He would pay for it. But the city said no. He felt this is a safety issue. Members felt the landscaping in front of the building was fine. They had an issue with the proposed fence. Mr. DesLauriers said he would like the sheds removed from his property. He was receptive to having the records of the original approval researched to see what the conditions were. Mr. DesLauriers then agreed to separate the two requests and have the Board act on the landscaping request. The applicant then withdrew the request for the fence. He will submit a new application for the fencing. He will also talk with the neighbors to see if they can work out their differences. Mr. Wilking moved to close the application as revised to include only the landscaping request and to remove item #2 under the application. Ms. Smith seconded. Motion passed 4-0. 11. Continued Miscellaneous application #MS-15-02 of Alan Marcelino to alter the existing grade by adding 100 +/- cubic yards of fill to repair bank washout and create a berm at top of bank, 20 Palmer Court: Mr. Belair advised that the application should be continued to 16 June. Mr. Wilking moved to continue #MS-15-02 to 16 June 2015. Mr. Breslend seconded. Motion passed 4-0. 12. Minutes of 19 May and 27 May 2015: Mr. Wilking moved to approve the Minutes of 19 May and 27 May 2015 as written. Ms. Smith seconded. Motion passed 4-0. As there was no further business to come before the Board, the meeting was adjourned by common consent at 9:25 p.m. , Clerk ___________6-16-15________________, Date Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD_15_17_1468_1474_1480_1510_1530_WillistonRoad _JohnLarkinInc_congregate_care_facilities_sketch DEPARTMENT OF PLANNING & ZONING Report preparation date: May 29, 2015 Plans received: April 29, 2015 SKETCH PLAN REVIEW #SD-15-17 JOHN LARKIN, INC. – 1468, 1474, 1480, 1510 & 1530 WILLISTON ROAD Meeting Date: June 2, 2015 Applicant John Larkin, Inc. 410 Shelburne Road South Burlington, VT 05403 Owners same Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_15_17_1468_1474_1480_1510_1530_WillistonRoad_JohnLarkinInc_congregate_care_facilities_sket ch.doc PROJECT DESCRIPTION Sketch plan application #SD-15-17 of John Larkin, Inc. to amend a previously approved plan for a 69 unit congregate care facility in two (2) buildings. The amendment consists of: 1) razing three (3) single family dwellings and one (1) office building, 2) constructing a 24 unit congregate care facility, and 3) constructing a 48 unit congregate care facility, 1468, 1474, 1480, 1510, & 1530 Williston Road. COMMENTS Administrative Officer Ray Belair, and Dan Albrecht, Planner Temporary Assignment referred to herein as Staff, have reviewed the plans submitted on April 29, 2015 and offer the following comments: Zoning District & Dimensional Requirements: The property is located in the Residential 4 Zoning District. R-4 Zoning District (non-res) Required Existing Proposed  Min. Lot Size 6,000SF ?? ???  Max. Building Coverage 30% 15.5 % 30.0 %  Max. Overall Coverage 60% 38.0 % 60 %  Max. Front Yard Coverage 30% 10.0 % 10.0 %  Min. Front Setback 30 ft. > 30 ft. > 30 ft.  Min. Side Setback 10 ft. > 10 ft. > 10 ft.  Min. Rear Setback 30 ft. > 30 ft. > 30 ft.  Max. Building Height 28ft. (pitched) ?? 28 ft.  zoning compliance The LDRs consider a congregate care housing facility as a non-residential use, therefore density limits do not apply. The applicant should demonstrate that these new buildings include the facilities described in the definition of “congregate housing”. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. Compliance with these two standards will be addressed in detail at Preliminary and Final Plat review. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_15_17_1468_1474_1480_1510_1530_WillistonRoad_JohnLarkinInc_congregate_care_facilities_sket ch.doc Through demolition of 3 single family homes and 1 office building and after final completion, four curb cuts are proposed to be removed. (A)(4)The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural features on the site. (A)(5)The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Compliance with these two standards will be addressed in detail at Preliminary and Final Plat review. (A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The proposal will reconfigure the parking area to allow for fire apparatus to turn around on site and therefore close an existing limited use (emergency vehicle access) curb cut. Compliance with this standard will be addressed in detail at Preliminary and Final Plat review. (A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Compliance with these two standards will be addressed in detail at Preliminary and Final Plat review. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). According to the Comprehensive Plan, one of the goals and objectives for this area of the City is as follows: Strive for a diversity in land use types including safe residential neighborhoods, healthy commercial and industrial centers, accessible public facilities, schools and recreation areas, well protected natural areas and resources, adequate open space and continued agricultural use. Staff feels that this requirement is met. SITE PLAN REVIEW STANDARDS CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_15_17_1468_1474_1480_1510_1530_WillistonRoad_JohnLarkinInc_congregate_care_facilities_sket ch.doc Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Pedestrian access to the site is being provided by multiple sidewalk connections between existing and proposed buildings and to the Williston Road and Gilbert Street sidewalks. Adequate parking area will be provided. (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. Parking will be located to the rear or sides of the buildings. (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. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. The new structures would have two stories under the roofline as it addresses the public streets. An attic or dormered story is proposed as well on these new structures. 1. See discussion below for questions concerning compliance with Section 3.07 Height of Structures. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. Compliance with this standard will be addressed in detail at Preliminary and Final Plat review. C. 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. The applicant has provided architectural drawings indicating how the two new buildings would look within the context of the existing buildings. 2. The Board should provide guidance to the applicant on whether these proposed designs are consistent with this standard. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_15_17_1468_1474_1480_1510_1530_WillistonRoad_JohnLarkinInc_congregate_care_facilities_sket ch.doc Compliance with this standard will be addressed in more detail at Preliminary and Final Plat review. (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. The applicant has provided architectural drawings indicating how the two new buildings would look within the context of the existing buildings. 3. The Board should provide guidance to the applicant on whether these proposed designs are consistent with this standard. Compliance with this standard will be addressed in detail at Preliminary and Final Plat review. 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures. B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a roofline story is placed on a building that contains or is planned to contain the maximum permitted number of stories below the roofline, the following conditions shall apply: (a) dormers on such story shall not exceed the height of the roof peak, and (b) the total width of the dormers on any single side does not exceed fifty thirty-three percent (33%) of the horizontal distance of the roof line along that side. Vertical extensions that exceed thirty-three percent (33%) of the horizontal width (i.e., step dormers) are permitted, but are limited to a maximum height of five (5) feet above the average height of the principal roof structure and shall not exceed fifty percent (50%) of the horizontal width of any side. (2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview, R2, R4, R7, Lakeshore Neighborhood, and Queen City Park districts, the total number of stories for any given structure shall not be more than one (1) greater than that of any principal structure on an abutting lot within the same zoning district, without regard to public rights-of-way. A principal structure on an abutting lot that is more than 150 feet from the subject structure shall be excluded from calculation. The applicant should determine the number of stories of buildings on the adjacent lots to confirm compliance with the above provision. This information should be submitted with the preliminary plat application. 4. The Board and the applicant should discuss whether the proposed development is consistent with these standards. RECOMMENDATION CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_15_17_1468_1474_1480_1510_1530_WillistonRoad_JohnLarkinInc_congregate_care_facilities_sket ch.doc Seek clarification on the questions raised above, and presuming satisfactory answers, allow this to move forward through preliminary and final review. Respectfully submitted, ________________________________ Raymond J. Belair, Administrative Officer Copy to: Deborah Sherman, Larkin Realty Co. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer SUBJECT: #SP-15-13 Loja Burlington, LLC 200 & 222 Dorset Street and 59 Garden Street DATE: June 2, 2015 DRB Meeting. Staff has prepared a draft Findings of Fact & Decision for the application for your consideration. However, as always, this draft decision is just that and the Board should feel free to make any changes to this draft decision. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TESLA MOTORS – 200 & 222 DORSET STREET AND 59 GARDEN STREET SITE PLAN APPLICATION #SD-15-13 AND DESIGN REVIEW APPLICATION #DR-15-03 FINDINGS OF FACT AND DECISION Site plan application #SP-15-31 & design review application #DR-15-03 of Tesla Motors to amend a previously approved planned unit development consisting of: 1) a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use, 2) a 12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The amendment consists of: 1) the installation of Tesla Motors Supercharging Station on six (6) existing parking spaces, and 2) the installation the associated support infrastructure, 200 and 222 Dorset Street & 59 Garden Street. The Development Review Board held a public hearing on June 2, 2015. Jesse Karp represented the applicant. 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. Site plan application #SP-15-31 & design review application #DR-15-03 of Tesla Motors to amend a previously approved planned unit development consisting of: 1) a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use, 2) a 12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The amendment consists of: 1) the installation of Tesla Motors Supercharging Station on six (6) existing parking spaces, and 2) the installation the associated support infrastructure, 200 and 222 Dorset Street & 59 Garden Street. 2. The owner of record of the subject property is Loja Burlington, LLC. 3. The application was received on May 22, 2015. 4. The subject property is located in the Central District 1 Zoning District and the City Center Design Review Overlay District 1. 5. The plans submitted consists of a four (4) page set of plans; page one entitled “VT003_South Burlington 222 Dorset Street, South Burlington, VT Overall Site Plan”, prepared by Black & Veatch, dated 5/21/15, and last revised on 5/26/15. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 2 CD 1 Zoning District Required/Max Existing (PUD)  Min. Lot Size none 5.8 acres (~252,648 SF)  Max. Building Coverage 40% 19.0 %  Max. Overall Coverage 90% *72.6 % / 72.6% proposed Front Setback (Dorset Street) See below 5 ft. Front Setback (New Street) See below 5 ft.  Side Setback See below 5ft.  Max. Building Height 35 ft. 27 ft.  zoning compliance Note: No rear setbacks; corner property * The proposed utility cabinet (charging pedestals) will be located in a parking island that was completely landscaped and unpaved. The two pedestals will total 10 SF in impervious surface. The proposed transformer also requires a concrete pad of 87.5 SF in size. These installations will increase the total lot coverage by 97.5 SF but the overall increase will be less than 1/10th of 1 percent. 13.18 Utility Cabinets and Similar Structures A. General Requirements. In any district, the Development Review Board may grant site plan approval for the construction of a utility cabinet, according to the following regulations. B. Specific Standards for Utility Cabinets and Similar Structures. (1) The facility shall serve the City of South Burlington and/or immediately adjacent communities. The Board finds that this criterion is met. (2) The minimum required lot for a public utility cabinet, substation, or communication relay station may be reduced from the zoning district requirements, at the discretion of the Development Review Board. In the event that the facility shall be erected on property not owned by the utility, the Development Review Board shall require that the facility be located unobtrusively. The cabinet and charging stations are located unobtrusively as they are relatively low in height and located towards the rear area of the parking area. The Board finds that this criterion is met. (3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility. The parcel is not landlocked. This criterion is not applicable. (4) There shall be sufficient landscaping with evergreens of sufficient height and density to screen effectively the facility from surrounding property. Landscaping may allow for the use of any doors so long as the door-side of the units are visible from an existing or planned public street. The proposed project locates the utility cabinets for the charging stations on a parking island with existing landscaping. The landscaping will help to screen the cabinets. The provided plans show that the proposed transformer cabinet on the southern edge of the parcel is not screened by landscaping. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 3 The Board finds that the applicant shall revise the plans to add landscaping screening around the transformer cabinet in the form of evergreens of sufficient height and density to screen effectively the facility from surrounding property. (5) There shall be adequate off-street parking for maintenance, service, or other vehicles. The proposed project is located within a parking lot. The Board finds that this criterion is met. (6) The location of the facility shall be shown on all relevant site plans. The plans provided indicated the facility’s location. The Board finds that this criterion is met. (7) The Development Review Board may attach conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Utility cabinets shall be located a minimum of five (5) feet from all existing or planned public roads or rights-of-way. The cabinets are located more than five (5) from all existing or planned public roads or rights-of-way. The Board finds that this criterion is met. (8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration shall not be permitted in any district. The Board finds that the proposed project will not be a nuisance to surrounding properties and therefore this criterion is met. Central District Requirements 8.01 General Purpose of the Central District The Central District is hereby formed in order to encourage the location of a balanced and coordinated mixture of residential, commercial, public and private uses adjacent to Dorset Street that support the city center goals and objectives contained in the Comprehensive Plan. It is designed to promote efficient use of land by concentrating mixed uses within a well-defined Central District. This will provide a pedestrian-oriented circulation network that minimizes vehicular traffic. It also encourages the traditional town center pattern of appropriately scaled buildings facing onto a well-defined and active public street. Innovative site planning and master planning are encouraged to maximize uses, shared parking, public open space and pedestrian amenities which create an aesthetically pleasing and socially active community center on and around Dorset Street. To this end, all applications involving ten (10) or more acres of land in any Central District shall require a Master Plan approval pursuant to Article 15 of these Regulations. 8.02 Establishment of Sub-Districts The Central District is divided into four (4) sub-districts - Central District 1, Central District 2, Central District 3 and Central District 4. Permitted and Conditional Uses and dimensional standards vary by sub-district as established in Sections 8.06 through 8.10 of these Regulations. The subject lot is located within Central District 1. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 4 As such, standards are included below for requirements in all districts, as well as specifically for Central District 1. 8.04 Dimensional Requirements in All Districts A. – D. ………………….. Not applicable E. Parking Requirements (1) The parking requirements of Table 13 are required in the Central District. These standards may be met on-site or off-site if the parking facility is located within seven hundred (700) feet of the main entrance of the establishment and is approved by the Development Review Board. (2) The Development Review Board may accept a contribution to the parking trust fund to establish a municipal parking lot in lieu of parking spaces. The amount of the contribution shall be based on a per space fee set by the City Council. (3) The Development Review Board may further reduce the amount of parking required, up to a maximum of eighty percent (80%) of the number of spaces required, in conjunction with an approved master plan upon a showing by the applicant that the master plan includes viable provisions for off-site employee parking and transportation and construction of mass transit stops within the master planned area sufficient to further reduce parking demand. (4) Parking lots located in the centers of blocks shall be connected with openings between lots to allow traffic flow between lots. A total of 334 parking spaces are required for the PUD. Existing parking on the property consists of 271 total parking spaces which is a shortfall of 63 spaces, or 18.6%. The Board granted this waiver in a previous decision. The proposed project would convert six (6) spaces for use solely by users of the proposed charging stations and lower the overall parking spaces for general use to 265 spaces or a shortfall of 69 spaces or 20.7%. The Board acknowledges that these spaces remain on the property but since they will not be available to all users that the Board will treat this situation conservatively and grant a six (6) spaces waiver as if they were being removed. Noting that this property is serviced by a transportation bus route and recreation path and has the opportunity for shared parking among its current tenants, the Board hereby grants a parking waiver of 20.7% or 69 spaces resulting in 265 total spaces Three bicycle racks are provided on site. The Board finds that this criterion is met. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 5 F. Density. Height, coverage, setbacks, floor area ratios (F.A.R.) and the maximum size of units will govern the density of the Central District. The F.A.R. is the ratio of building square footage to lot size. N/A 11.01 City Center Design Review Overlay District CCDR A. Purpose. ……………….. B. Comprehensive Plan. ………………….. C. City Center Design Review Overlay Districts and Purpose Statements. The CCDR Overlay District is divided into the following three (3) sub-zones as depicted on the South Burlington Overlay Districts Map: Design District 1, Design District 2, and Design District 3. A brief description of the location and proposed design character of each district is provided below: (1) Design District 1 - This area is generally located on both sides of Market Street and extends south to San Remo Drive. This area is planned to be the core area of the City Center, with the highest density and greatest mix of uses. It is the intent of this area is to be the main “downtown” for South Burlington, and therefore, should uphold the highest quality of design. Building materials should consist only of natural, indigenous materials (brick or stone) and the buildings themselves should relate directly to the public street. They should be placed up front on the property line and the main entrance should face the street rather than parking lots. In addition, a pedestrian promenade shall be provided along Market Street in order to promote pedestrian activity and provide cover from inclement weather. The property is located in Design District 1. (2) Design District 2 - (3) Design District 3 - D. Activities Subject to Design Review. (1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in any underlying district in the City Center Design Review Overlay District shall be subject to the standards and procedures in this Section. Except as hereinafter provided, no person shall do or cause to be done any of the following acts with respect to any building or property located within the CCDR Overlay District without first obtaining design plan approval from the Development Review Board: (a) Construction or relocation of a building or structure (b) ………………….. (c) ………………. (d) ………… #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 6 (e) …………. (f) Construction, enlargement or alteration of any non-landscaped area on the property including, but not limited to, parking areas, access lanes, sidewalks, loading areas or storage areas, or, any removal or change to landscaping on the site. (g) ……………….. The proposed project involves construction of new utility cabinets and the alteration of parking areas. (2), (3) and (4) Not applicable E. Application and Review Procedures ………………. F. Criteria for Approval. Prior to granting design plan approval, the Development Review Board shall find that any development or activity specified in Section (D) above shall conform substantially to the following design criteria: (1) Building Design Not applicable 11.02 Site Design for City Center Design Review District A. Landscape and plantings. Significant trees and vegetation should be preserved in its natural state insofar as practicable. Any grade changes should be in keeping with the general appearance of neighboring developed areas. Landscape plantings and amenities shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for screening purposes. In particular, parking areas shall be well screened by berms, plantings, or other screening methods to minimize their visual impact. Planting islands shall be used to break up larger expanses of paved parking areas. Existing landscaping will be maintained. This criterion will continue to be met. B. Integrate special features with the design. Storage areas, machinery and equipment installation, service areas, truck loading areas, garbage and refuse collection areas, utility connections, meters and structures, mailboxes, and similar accessory structures shall be positioned in such a way to minimize visibility from the public street, existing or planned. Such features shall be incorporated within or designed as part of the building on the site, not added as an afterthought. HVAC equipment should not be pad mounted at grade. Utility connections shall be installed underground and utilities shall co-exist to the greatest extent possible. The proposed charging stations will utilize existing landscaping and other features and will be screened from view from Dorset Street and will be relatively unobtrusive when viewed from Garden Street due to the distance. The Board finds that this criterion will continue to be met. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 7 C. Not applicable. D. Not applicable. E. – Provide efficient and effective circulation. With respect to vehicular and pedestrian circulation, special attention shall be given to the location and number of access points to public streets and sidewalks, to the separation of vehicles and pedestrians, to the arrangement of parking areas and to service and loading areas, and to the location of accessible routes and ramps for the disabled. Site design shall also provide for interconnections, both vehicular and pedestrian, between adjacent properties. The proposed charging stations will utilize existing parking spaces. Overall circulation will not be affected. The Board finds that this criterion will continue to be met. F. - I. Not applicable. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. Chapter 14.06 of the South Burlington Land Development Regulations states the following: 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 changes to the location of parking are proposed. (b) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The proposed project has no effect on this criterion. This criterion continues to be met. (c) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 8 The proposed project indicates that electrical service is located underground. This criterion is met. (d) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project has no effect on this criterion. This criterion continues to be met. (e) 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. The proposed project has no effect on this criterion. This criterion continues to be met. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The proposed project has no effect on this criterion. This criterion continues to be met. (b) Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The plans provided indicate that electrical service is located underground. This criterion is met. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling 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). The proposed project has no effect on this criterion. This criterion continues to be met. (d) Landscaping and Screening Requirements. Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. The provided plans show that the proposed transformer cabinet on the southern edge of the parcel is not screened by landscaping. As noted previously above, the Board finds that the applicant shall revise the plans to add landscaping screening around the transformer cabinet. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 9 The plans submitted do not show the previously approved landscaping for the PUD. The plans should be revised to include all the landscaping as previously approved. Snow Storage The proposed project has no effect on this criterion. This criterion continues to be met. DESIGN REVIEW CRITERIA The subject property falls within City Center Design Review Overlay District 1. The application has been reviewed by both the City Center Design Review Committee and the Development Review Board. 11.01 (C)(1) Design District 1 - This area is generally located on both sides of Market Street and extends south to San Remo Drive. This area is planned to be the core area of the City Center, with the highest density and greatest mix of uses. It is the intent of this area is to be the main “downtown” for South Burlington, and therefore, should uphold the highest quality of design. Building materials should consist only of natural, indigenous materials (brick or stone) and the buildings themselves should relate directly to the public street. They should be placed up front on the property line and the main entrance should face the street rather than parking lots. In addition, a pedestrian promenade shall be provided along Market Street in order to promote pedestrian activity and provide cover from inclement weather. Section 11.01(F), Criteria for Approval, states: the Development Review Board shall find that any development or activity specified in Section (D) above [i.e., construction of a building] shall conform substantially to the following design criteria (1) Building Design (a) Consistent design. Building design shall promote a consistent organization of major elements; and decorative parts must relate to the character of the design. All sides of a building shall be designed so that they are compatible in terms of material, window treatments, architectural accents, cornice/parapet design, etc. In Design Districts 1 and 3, the design of a building should consider the design features of other structures in the area so as not to be harshly discordinate with other nearby buildings. (b) Materials used. High quality, attractive materials shall be used on all buildings. Natural, indigenous materials of stone and masonry are highly encouraged, if not required. (i) Design District 1. Natural, indigenous materials of stone and masonry shall predominate. Examples of acceptable materials include red brick, indigenous stone (i.e., granite, limestone, and marble), and architectural concrete. Glass may predominate if used in combination with brick or stone. Other materials may be used as an architectural accent provided they are harmonious with the building and site. Examples of unacceptable materials include vinyl siding, metal skin, synthetic stucco and laminated wood (e.g., T- 111). #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 10 (c) Colors and textures used. The color and texture of the building shall be harmonious with the building itself and with other buildings on the site and nearby. Colors naturally occurring from building materials and other traditional, subdued colors are encouraged. More than three (3) predominant colors are discouraged. (d) Windows and doors. Window and door treatment (i.e., the arrangement of windows and doors into a pattern) shall be a careful response to the buildings interior organization as well as the features of the building site. The treatment of windows and doors shall be in a manner that creates a rhythm that gives necessary order and unity to the facade, yet avoids monotony. In Design Districts 1 and 2, for sides of buildings that front or face a public street, existing or planned, the majority of the first floor’s facade area shall consist of see-through glass in order to promote pedestrian activity, however, the windows and/or doors should be of a human scale so as to welcome, not overwhelm, the pedestrian. (e) Use of “human-scaled” design elements. Larger buildings shall incorporate the use of design elements, such as pilasters, colored or textured bands, or window and door treatments, in order to reduce the larger building’s apparent overall size and, therefore, avoid a large or long monotonous appearance. (f) Roofs as a design element. Roofs shall be part of, or define, the style of a building. They shall be used creatively to break up long facades and potentially long roof lines. Design Districts 1 and 2. For one-story structures, the minimum and maximum slope of a pitched roof shall be 8 on 12 and 12 on 12, respectively. Only a small portion of roof area on one-story buildings may be flat provided it is not visible from the public street, existing or planned, and does not detract from the overall design and harmony of the building. For structures of two (2) or more stories, the minimum and maximum slope of a pitched roof shall be 5 on 12 and 12 on 12, respectively. Where flat roofs are used, particularly on structures of two (2) or more stories, architectural elements such as cornices and parapets shall be included to improve the appearance and provide interest. Large, low-slope (i.e., less than 5 on 12) gable forms are discouraged. (g) Orient buildings to the public street. Buildings shall be designed in a manner that relates the building to the public street in order to protect the integrity of city blocks, present an inviting street front and promote traditional street patterns. In Design Districts 1 and 2, new buildings shall be built to the street property line. The Development Review Board may approve building locations, or portions thereof, that are set back from the street property line, provided, the Development Review Board finds the overall site layout to be in conformance with the City Center goals. The primary entrance to buildings shall be designed as such and shall be oriented directly on the public street rather than facing parking lots. The upper floors of taller buildings (i.e., floors four (4) and up) may need to be “stepped back” or otherwise sited to avoid creating a “canyon” effect and to maintain a pedestrian friendly public edge. In all Design Districts, for existing buildings undergoing renovation, improvements shall be done to relate the building better to the public street. Such improvements could include the installation of doors and windows along the sides of the building facing the public street, or the construction of walkways between the building and street. (h) Conceal rooftop devices. Rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 11 point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design and materials of the building. (i) Promote energy efficiency. Where feasible, the design of a building should consider solar energy and the use of natural daylight by capturing the sun’s energy during the winter and providing shade during the summer. (j) Pedestrian promenade along Market Street. The proposed project has no effect on these criteria. These criteria continue to be met. 11.02 Site Design for City Center Design Review District A. Landscape and plantings. Significant trees and vegetation should be preserved in its natural state insofar as practicable. Any grade changes should be in keeping with the general appearance of neighboring developed areas. Landscape plantings and amenities shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for screening purposes. In particular, parking areas shall be well screened by berms, plantings, or other screening methods to minimize their visual impact. Planting islands shall be used to break up larger expanses of paved parking areas. The proposed project locates the utility cabinets for the charging stations on a parking island with existing landscaping. The landscaping will help to screen the cabinets. The provided plans show that the proposed transformer cabinet on the southern edge of the parcel is not screened by landscaping. The Board finds that the applicant shall revise the plans to add landscaping screening around the transformer cabinet. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 12 B. Integrate special features with the design. Storage areas, machinery and equipment installation, service areas, truck loading areas, garbage and refuse collection areas, utility connections, meters and structures, mailboxes, and similar accessory structures shall be positioned in such a way to minimize visibility from the public street, existing or planned. Such features shall be incorporated within or designed as part of the building on the site, not added as an afterthought. HVAC equipment should not be pad mounted at grade. Utility connections shall be installed underground and utilities shall co-exist to the greatest extent possible. The proposed project locates the utility cabinets for the charging stations on a parking island with existing landscaping. The landscaping will help to screen the cabinets. The provided plans show that the proposed transformer cabinet on the southern edge of the parcel is not screened by landscaping. As noted above, the Board finds that the applicant shall revise the plans to add landscaping screening around the transformer cabinet. The proposed cabinets and charging stations will not be visible from Dorset Street and only partially visible from Garden Street if there were no cars in the parking lot. The Board finds this criterion continues to be met. D. Accessible open space. When providing open space on a site, it shall be designed to be visually and physically accessible from the public street. Open space should add to the visual amenities of the vicinity by maximizing its visibility for persons passing by or overlooking the site from neighboring properties. If open space is intended for active use, it should include such elements as benches, shade trees, and refuse containers and be so designed to maximize its accessibility for all individuals, including the disabled, and encourage social interaction. The siting of open space on a lot shall also consider the potential impact of buildings, both existing and potential, on shadow casting and solar access. The proposed project has no effect on this criterion. This criterion continues to be met. E. Provide efficient and effective circulation. With respect to vehicular and pedestrian circulation, special attention shall be given to the location and number of access points to public streets and sidewalks, to the separation of vehicles and pedestrians, to the arrangement of parking areas and to service and loading areas, and to the location of accessible routes and ramps for the disabled. Site design shall also provide for interconnections, both vehicular and pedestrian, between adjacent properties. The proposed project has no effect on this criterion. This criterion continues to be met. F. Outdoor Lighting. Outdoor lighting shall be designed to be both aesthetically pleasing and functional. The lighting type or types shall be metal halide, compact fluorescent and/or induction lamps and shall be of a white color with a Color Rendering Index (CRI) of seventy (70) or greater recommended. Light fixtures shall be appropriately shielded to preclude glare and overall illumination levels should be evenly distributed. The proposed project has no effect on this criterion. This criterion continues to be met. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 13 G. Provide for nature’s events. Attention shall be accorded to design features which address the affects of rain, snow and ice at building entrances and on sidewalks, and to provisions for snow and ice removal from circulation areas. The proposed project has no effect on this criterion. This criterion continues to be met. H. Make spaces secure and safe. With respect to personal safety, all open and enclosed spaces should be designed to facilitate building evacuation, and provide reasonable accessibility by fire, police or other emergency personnel and equipment. The proposed project has no effect on this criterion. This criterion continues to be met. I. Streetscape improvements. An applicant for new development shall be responsible for implementing streetscape improvements (e.g., sidewalks, street lighting, street trees, etc.) within the portion of the public street ROW directly fronting the parcel of land for which development is proposed. Such streetscape improvements shall be in accord with the specifications contained in the City Center Streetscape Design Guidelines. The proposed project has no effect on this criterion. This criterion continues to be met. DECISION Motion by _____________, seconded by _______________, to approve site plan application #SP-15-13 & design review application #DR-15-03 of Loja Burlington, LLC, 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 plans and final plat plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans. a. The plans shall be revised to add evergreens of sufficient height and density to screen effectively the utility cabinet from surrounding property. b. The plans shall be revised to include all the landscaping as previously approved. 4. The Board approves the following waivers of the Land Development Regulations pursuant to this application: a. Allow a parking waiver of 20.7% or 69 spaces from the 334 spaces required for a total number of spaces provided to be 265. 5. Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. #SP-15-13 and #DR-15-03 SP_15_31_and_DR_15_03_200&222_DorsetStreet_and_59_Garden_Street_LojaBurlingtonLLC_Tesla_ch arging_stations_final_ffd.doc 14 6. Prior to issuance of a zoning permit for the project, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the charging stations. 9. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of____________. Signed this ____ day of __________________ 2015, by _____________________________________ Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. REV DESCRIPTIONDATECHECKED BY:DRAWN BY:PROJECT NO:IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESSTHEY ARE ACTING UNDER THE DIRECTION OF ALICENSED PROFESSIONAL ENGINEER, TO ALTER THISDOCUMENT.SHEET NUMBERSHEET TITLE3500 DEER CREEK RDPALO ALTO, CA 94304(650) 681-5000MOTORS, INC.179056AKJMBGA 05/21/15 ISSUED FOR 50% REVIEWVT003_SOUTH BURLINGTONSOUTH BURLINGTON222 DORSET STREETSOUTH BURLINGTON, VT 05403RBLACK & VEATCH10950 GRANDVIEW DRIVEOVERLAND PARK, KS 66210(913) 458-2000OVERALL SITE PLANA-120' 10' 0 20' 40'1"=20'OVERALL SITE PLANSEE PROPOSED SITEPLAN SHEET A-4EXISTING SITEACCESS ROADEXISTING ASPHALTPARKING LOT (TYP)EXISTINGLIGHTPOLE (TYP)EXISTINGTREE (TYP)EXISTING GRASSYAREA (TYP)EXISTINGTRANSFORMEREXISTINGSIDEWALK (TYP)DORSET STREET HEALTHY LIVINGMARKET AND CAFEGARDEN STREETPROPOSED XXXKVA UTILITYTRANSFORMER 480/277V, 3ɸ,4W ON x'-x"X x'-x"CONCRETE PAD (PER UTILITYSPECIFICATION)BE-5 PROPOSED NON-ILLUMINATEDPARKING SIGN (TYP OF 6)REV DESCRIPTIONDATECHECKED BY:DRAWN BY:PROJECT NO:IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESSTHEY ARE ACTING UNDER THE DIRECTION OF ALICENSED PROFESSIONAL ENGINEER, TO ALTER THISDOCUMENT.SHEET NUMBERSHEET TITLE3500 DEER CREEK RDPALO ALTO, CA 94304(650) 681-5000MOTORS, INC.179056AKJMBGA 05/21/15 ISSUED FOR 50% REVIEWVT003_SOUTH BURLINGTONSOUTH BURLINGTON222 DORSET STREETSOUTH BURLINGTON, VT 05403RBLACK & VEATCH10950 GRANDVIEW DRIVEOVERLAND PARK, KS 66210(913) 458-2000PROPOSED SITE PLANA-44' 2' 0 4' 8'1/4"=1'-0"PROPOSED SITE PLANPROPOSED XXXKVA UTILITYTRANSFORMER 480/277V, 3ɸ,4W ON x'-x"X x'-x"CONCRETE PAD (PER UTILITYSPECIFICATION)BA-7AA-7AA-6EXISTINGCONCRETECURB (TYP)EXISTINGBUSH (TYP)EXISTING TREECANOPY,ABOVE (TYP)SEE ENLARGEDPROPOSED EQUIPMENTLAYOUT SHEET A-51. SOD PLANTED IN THE FALL MUST ESTABLISH ITS ROOTS BEFORE THE FIRST WINTERFROST. DETERMINE WHEN THE FIRST FROST USUALLY OCCURS, AND PLANT THE SODNO LATER THAN ONE MONTH BEFORE THE FIRST FROST. IF THE CONSTRUCTION ISFINISHED LATER THAN ONE MONTH BEFORE THE FIRST FROST, USE STRAW UNTIL SODCAN BE INSTALLED.NOTEBE-5CHARGING POST CIRCUIT SCHEDULESUPERCHARGERCHARGE POSTDEDICATED /ENABLED1B1A122B2A33B3ADEDICATEDDEDICATEDDEDICATEDDEDICATEDDEDICATEDDEDICATEDPROPOSED 22"CONCRETECURBFS-1EXISTING ASPHALTPARKING LOT9'-0"(TYP)17'-1"(TYP)4'-7"(TYP)4'-6"(TYP)5'-4"(TYP)11"(TYP)11"(TYP)PROPOSED TESLAILLUMINATED CHARGINGSTATION (TYP OF 2)BS-1AA-8PROPOSED TESLAILLUMINATED CHARGINGSTATION (TYP OF 4)DS-1DA-81'-8"(TYP)EXISTINGPARKINGLINE (TYP)EXISTINGLIGHT POLEAA-65'-0"10'-8"1231A1B2A2B3A3B3'-0"EXISTINGSHRUB (TYP) REV DESCRIPTIONDATECHECKED BY:DRAWN BY:PROJECT NO:IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESSTHEY ARE ACTING UNDER THE DIRECTION OF ALICENSED PROFESSIONAL ENGINEER, TO ALTER THISDOCUMENT.SHEET NUMBERSHEET TITLE3500 DEER CREEK RDPALO ALTO, CA 94304(650) 681-5000MOTORS, INC.179056AKJMBGA 05/21/15 ISSUED FOR 50% REVIEWVT003_SOUTH BURLINGTONSOUTH BURLINGTON222 DORSET STREETSOUTH BURLINGTON, VT 05403RBLACK & VEATCH10950 GRANDVIEW DRIVEOVERLAND PARK, KS 66210(913) 458-2000SITE ELEVATIONSA-6SITE ELEVATION12"6"01'2'3'4'5'1/2"=1'-0"SITE ELEVATION4' 2' 0 4' 8'1/4"=1'-0"PROPOSEDQED SWITCHGEARASSEMBLYPROPOSEDCONCRETE PAD-E-3AS-1PROPOSED TESLASUPERCHARGERCABINETBA-8EXISTINGGRADEPROPOSEDNON-ILLUMINATEDPARKING SIGN (TYP)EXISTINGASPHALTBA-7AA-7BS-1AA-81B2AEXISTINGASPHALTEXISTINGCONCRETECURB (TYP)PROPOSED TESLAILLUMINATED CHARGINGSTATION (TYP OF 4)PROPOSED XXXKVAUTILITY TRANSFORMER 480/277V,3ɸ, 4W ON x'-x"X x'-x" CONCRETEPAD (PER UTILITY SPECIFICATION)CHARGING POST CIRCUIT SCHEDULESUPERCHARGERCHARGE POSTDEDICATED /ENABLED1B1A122B2A33B3ADEDICATEDDEDICATEDDEDICATEDDEDICATEDDEDICATEDDEDICATEDPROPOSED 22"CONCRETECURBFS-1BA1EXISTINGLIGHT POLE2B3A3BDS-1DA-8PROPOSED TESLAILLUMINATEDCHARGING STATION(TYP OF 2)EXISTINGTREE (TYP)PROPOSED TESLAEQUIPMENT ONCONCRETE PADEXISTINGBUSH (TYP)EXISTINGSHRUB (TYP)EXISTINGBUSH (TYP) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer SUBJECT: #SD-15-15 Robert Audette 1900 & 1930 Williston Road DATE: June 2, 2015 DRB Meeting. Staff has prepared a draft Findings of Fact & Decision for the application for your consideration. However, as always, this draft decision is just that and the Board should feel free to make any changes to this draft decision. #SD-15-15 SD_15_15_1200_AirportDrive_Robert_Audette_subdivide_lot_FINAL_ffd.doc- 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT AUDETTE – 1200 AIRPORT DRIVE FINAL PLAT APPLICATION #SD-15-15 FINDINGS OF FACT AND DECISION Final plat application #SD-15-15 of Robert Audette for a planned unit development to subdivide a 9,607 sq. ft. lot off from a 770 acre parcel developed with an airport, 1200 Airport Drive. The Development Review Board held a public hearing on Tuesday, June 2, 2015. Jenn Desautels represented the applicant. 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. Robert Audette, hereafter referred to as the applicant, is requesting Final Plat approval for a planned unit development to subdivide a 9,607 sq. ft. lot off from a 770 acre parcel developed with an airport, 1200 Airport Drive. 2. The applicant is proposing to define a 9,607 SF lot which he would then lease from the City of Burlington/Burlington International Airport. This Findings of Fact and Decision only addresses subdivision of the property so as to enable it to be more formally leased from the Airport to Mr. Audette. The applicant is also seeking two separate Site Plan reviews to obtain a permit to maintain its use as a driveway, parking area and dumpster storage area and to erect a fence. 3. The owner of record of the subject property is City of Burlington/Burlington International Airport. 4. The subject property is located in the Airport Industrial Zoning District. 5. The plan submitted consist of a one (1) page plan entitled “Lease Plat J. Robert & Anne Audette 1900 & 1930 Williston Road South Burlington, Vermont”, prepared by Trudell Consulting Engineers, and dated 1/21/2015. Zoning District & Dimensional Requirements: The property is located in the Airport Industrial District. #SD-15-15 SD_15_15_1200_AirportDrive_Robert_Audette_subdivide_lot_FINAL_ffd.doc- 2 – Table 1. Dimensional Requirements Airport Industrial Zoning District Required Proposed Existing  Min. Lot Size 3 acres 9,607 SF lease 770 acres  Max. Building Coverage 40% n/a n/a  Max. Overall Coverage 50% n/a n/a  Min. Front Setback 50 ft. n/a n/a  Min. Side Setback 35 ft. n/a n/a  Min. Rear Setback 50 ft. n/a n/a - zoning compliance The current 770 acre parcel is in compliance with these requirements. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. (A)(4)The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The Board finds that there are neither wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural features on the parcel to be leased. (A)(5)The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. #SD-15-15 SD_15_15_1200_AirportDrive_Robert_Audette_subdivide_lot_FINAL_ffd.doc- 3 – As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. (A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The Board finds that this proposal will have no impacts on maximizing opportunities for creating contiguous open spaces. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief was provided the opportunity had no comments on this subdivision. The Board finds that this criterion is met. (A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). According to the Comprehensive Plan, the goals and objectives for this area of the City is as follows: 3. Commercial Centers These areas generally follow the Shelburne Road and Williston Road Corridors. These areas are intended to consist predominantly of commercial uses, however, residential and industrial can be mixed throughout the area. These centers are generally already developed with commercial establishments. Therefore, growth will occur primarily as infill or conversion development. The City encourages mixed-use development in these areas (e.g. mixed residential/commercial or mixed retail/office/restaurant) to encourage pedestrian movement, use of public transportation, services, and shared parking opportunities. These areas are intended to meet both local and regional shopping and employment needs. The Board finds that this project will clarify and legalize and document an existing commercial development and is therefore consistent with the Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: #SD-15-15 SD_15_15_1200_AirportDrive_Robert_Audette_subdivide_lot_FINAL_ffd.doc- 4 – A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The Board finds that this project will clarify the legal status of an existing, non-permitted use. The Board finds that this criterion is 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. The applicant is currently parking vehicles here related to the business use of the abutting property to the south which he owns. The Board finds that this criterion is met. (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. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to the buildings are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. C. 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. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. (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. As this proposal is simply the creation of a lot for leasing purposes, the Board finds that this criterion is not applicable. LEASED LOT – NOTICE OF CONDITIONS #SD-15-15 SD_15_15_1200_AirportDrive_Robert_Audette_subdivide_lot_FINAL_ffd.doc- 5 – The applicant is proposing to define a 9,607 SF lot which he would then lease from the City of Burlington/Burlington International Airport. The Board finds that for the purposes of the LDRs, the lease area included in this proposal shall be considered as part of the one large 770 acre lot owned by the Airport and as approved previously. The Board finds that the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney prior to recording the final plat plan. DECISION Motion by _________________, seconded by _____________________, to approve Final plat application #SD-15-15 of Robert Audette, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall 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 Board finds that for the purposes of the LDRs, the lease area included in this proposal shall be considered as part of the one large 770 acre lot owned by the Airport and as approved previously. The Board finds that the applicant will be required to record a “Notice of Condition” to this effect which has been approved by the City Attorney prior to recording the final plat plan. 4. The mylar shall be recorded prior to any zoning permit issuance. 5. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 6. The final plat plan (subdivision plat) shall be recorded in the land records within 180 days or this approval is null and void. The plat shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of X– 0 – 0. Signed this ____ day of __________________ 2015, by #SD-15-15 SD_15_15_1200_AirportDrive_Robert_Audette_subdivide_lot_FINAL_ffd.doc- 6 – _____________________________________ Tim Barritt, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). DescriptionRevisionsByDateThis plat meets the requirements of 27 VSA 1403._____________________________________________ (Signature)#478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMTRUDELL CONSULTING ENGINEERSProject Number:Date:Scale:Drawn By:Project Manager:Crd file:Field Book:Approved By:Sheet:J. ROBERT & ANNE AUDETTE1900 & 1930 Williston RoadSouth Burlington, VermontLease Plat0FeetGraphic Scale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tax map no.1810-1890FARGNOLI ASSOCIATESv. 446 p. 647map slide 336L1LINE DATA TABLE1/21/1514-176SDTJAD1862014176LEGEND WILLISTON ROAD1"=30'CITY OF BURLINGTONBURLINGTON AIRPORTv. 35 p. 445v. 385 p. 250SHEDBUILDINGBUILDINGSTORAGEBUILDINGPAVED DRIVEGRAVELPAVEDPARKINGAREASIGNPAVEDPAVEDGRAVELGRAVELSTORAGEBUILDINGSTORAGEBUILDINGSTORAGEBUILDINGSTORAGEBUILDINGCONCRETEGATESOUTH BURLINGTON CITY CLERK'S OFFICERECEIVED FOR RECORD______________________________________A.D. 201_________at _____________ O'clock ____________ minutes ________ mand recorded in Slide__________________________________Attest: _____________________________________ Town ClerkSEWER EASEMENT TOCITY OF SO. BURLINGTONv. 130 p. 226V. 130 P. 228map slide 58 2.35 ACRES STATEOFVERMONT L A N DSURVEYORLICENSEDSCOTTD.TAYLORNo. 488AVIATION DRIVE GUYMHMHPAVEDTOEOFSLOPETOPOF BANKTOEOFSLOPETOPOF BANK4" SQUARE, TOP BROKENNO. 5 REBAR STICKING UPDOWN 0.1'1-3/4" O.D.DOWN 0.2'1" O.D.,DOWN 0.3'BENT OVER4" SQUAREDOWN 0.2'2-1/2" O.D., UP 0.9'METAL CAPCONC.NO. 5DOWN 0.3'CITY OF BURLINGTONBURLINGTON INTERNATIONAL AIRPORT770 ACRES +_AIRPORT DRIVEWILLISTON ROADAUDETTE PARCELOVERALL AIRPORT PROPERTYNOT TO SCALEAIRPORT PARKWAYAPPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTHBURLINGTON, VT. ON THE ______ DAY OF ________________________ 201___, SUBJECT TO THEREQUIREMENTS AND CONDITIONS OF SAID RESOLUTION.SIGNED THIS ______ DAY OF ________________________ 201___,BY __________________________________________ CHAIRMAN OR CLERKAREA TO BE LEASED TO AUDETTEFROM CITY OF BURLINGTON9,607.0 SQ. FT.16.00'S51°16'43"ELEASE LINEGRAVELtax map no. 1810-1900THIS PROPERTY IS NOT PART OF THEPUD SUBDIVISION APPLICATION #SP-15-20 SP_15_20_1900&1930_AirportDrive_Robert_Audette_revise_parking_and_dumpsters_ffd.doc- 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT AUDETTE – 1900 & 1930 WILLISTON ROAD SITE PLAN APPLICATION #SP-15-20 FINDINGS OF FACT AND DECISION Site plan application #SP-15-20 of Robert Audette for approval to amend a previously approved site plan for seven (7) commercial buildings with a mixture of commercial uses. The amendment consists of: 1) revising the parking layout, 2) adding parking spaces, and 3) relocating dumpster enclosure areas, 1900 & 1930 Williston Road. The Development Review Board held a public hearing on Tuesday, June 2, 2015. Jenn Desautels represented the applicant. 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. Robert Audette, hereafter referred to as the applicant, is requesting Site Plan approval to amend a previously approved site plan for seven (7) commercial buildings with a mixture of commercial uses. The amendment consists of: 1) revising the parking layout, 2) adding parking spaces, and 3) relocating dumpster enclosure areas, 1900 & 1930 Williston Road. 2. The owners of record of the subject property are Robert & Anne Audette 3. The subject property is located in the Mixed Industrial-Commercial Zoning District. 4. The plans submitted consist of a three (3) page set of plan, page one entitled “Audette Commercial 1900-1930 Williston Road South Burlington, Vermont Existing Conditions” prepared by Trudell Consulting Engineers and stamped received on April 17, 2015. Zoning District & Dimensional Requirements: Table 1. Dimensional Requirements Commercial Industrial Zoning District Required Existing Proposed  Min. Lot Size 3 acres 2.35 acres No change  Max. Building Coverage 40% 21.7 % No change * Max. Overall Coverage 70% 76.4 % ‡ No change * Front Yard Coverage (Williston Road) 50% 72.6 % No change * Min. Front Setback from Existing ROW 62 ft. 19 ft. No change * Min. Side Setback 15 ft. 6 ft. No change * Min. Rear Setback 30 ft. 19 ft. No change - zoning compliance * Pre-existing non-conforming ‡ reduction of 19 square feet #SP-15-20 SP_15_20_1900&1930_AirportDrive_Robert_Audette_revise_parking_and_dumpsters_ffd.doc- 2 – SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant is proposing to reconfigure the parking for a more efficient layout. The overall number of parking spaces will increase by 15 spaces from 42 to 67. A total of 64 parking spaces are required for the existing uses, so the additional spaces on the leased parcel are needed to meet this minimum requirement. The Board finds that this criterion is 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. Parking areas are located to the rear and the sides of the building with the exception of a portion of a new parking space located at the southeasterly corner of the 1930 Williston Road building. This space will have to be modified to not project to the front of the building. The Board finds that this criterion will be met upon revising the plan so as to not have any portion of a new parking space projecting to the front of a building. (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. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to the buildings are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No changes to services are proposed nor necessitated. C. 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. #SP-15-20 SP_15_20_1900&1930_AirportDrive_Robert_Audette_revise_parking_and_dumpsters_ffd.doc- 3 – No changes to the buildings are proposed. (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. No changes to the buildings are proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: A. 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. The Board finds that no reservation of land is required. However the adjacent lot, which will be leased by the applicant, will provide additional parking and vehicular access, the leased lot must remain available to the applicant and the lease cannot be relinquished without prior Board approval. B. Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The proposed project does not include any wire-served utility lines. C. All dumpsters and other facilities to handle solid waste, including compliance with any recycling 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). The plans show some proposed dumpster enclosures and some dumpsters which appear to be remaining as unenclosed. The Board finds that the plans should be revised to clearly indicate that all dumpsters and dumpster pads shall be enclosed and that any existing dumpster locations which will no longer be used be noted as such. OTHER - Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show adequate snow storage areas for the subject property. #SP-15-20 SP_15_20_1900&1930_AirportDrive_Robert_Audette_revise_parking_and_dumpsters_ffd.doc- 4 – The proposed parking areas does not contain more than twenty (20) parking spaces, and therefore is not required to be landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The Board finds this criterion to be met. 10.02 Traffic Overlay District The project is located in the Traffic Overlay District. However, the application proposes no change in use and therefore no project change in traffic volumes. 13.03 Airport Approach Cones A. General Restrictions. Notwithstanding the provisions of any other section(s) of these regulations, the uses permitted in any district in the Airport Approach Cones, as shown on the Official Zoning Map and Overlay Districts Map, shall be permitted subject to the following limitations: (1) No use shall be permitted which will produce electrical interference with radio communication or radar operations at the airport. (2) No use shall be permitted which could obstruct the aerial approaches to the airport. (3) All uses shall comply with applicable FAA or other federal or state regulations. (4) No lights or glare shall be permitted which could interfere with vision or cause confusion with airport lights. The project is located within the Airport Approach Cone. The Board finds that the applicant shall comply with Section 13.03 of the Land Development Regulations. 12.02 Wetland Protection Standards and Review Procedures …… E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by #SP-15-20 SP_15_20_1900&1930_AirportDrive_Robert_Audette_revise_parking_and_dumpsters_ffd.doc- 5 – appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. The existing parking and berm area is within a portion of a Class II wetland and the buffer area to that wetland. However, in email from Vermont DEC to the applicant on January 14, 2015, the DEC determined that “there is not enough evidence to consider the gravel parking area and subsequent work within the parking area, consisting of a berm and drainage system, to be considered an encroachment upon the wetland(.)” and that they do not consider this to be a violation. Based upon this determination by VTDEC, the Board finds that the Standards for Wetlands Protection are met. DECISION Motion by _________________, seconded by _____________________, to approve Final plat application #SP-15-20 of Robert Audette, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall 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 shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans. a. The site plan shall be revised to clearly indicate that all dumpsters and dumpster pads shall be enclosed and that any existing dumpster locations which will no longer be used be noted as such. b. The site plan shall be revised to remove that portion of a new parking space projecting to the front of a building. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. The lease between the applicant and the City of Burlington shall remain in place and cannot be relinquished without prior Board approval. 6. All exterior lighting shall consist of downcasting, shielded fixtures. Prior to the issuance of a zoning permit, the applicant shall provide the Administrative Officer cut-sheets of any new exterior light fixtures. 7. The proposed project shall 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 should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The #SP-15-20 SP_15_20_1900&1930_AirportDrive_Robert_Audette_revise_parking_and_dumpsters_ffd.doc- 6 – South Burlington Stormwater Superintendent shall visit the site as construction progresses to ensure compliance with this criterion. 8. The Board finds that the applicant shall comply with Section 13.03 Airport Approach Cones of the Land Development Regulations. 9. Prior to issuance of a zoning permit for the project, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 10. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 11. The applicant shall obtain Certificate of Occupancy from the Administrative Officer prior to the use of the site modifications. 12. Any changes to the site plan shall require approval of the South Burlington Development Review Board or Administrative Officer. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of X– 0 – 0. Signed this ____ day of __________________ 2015, by _____________________________________ Tim Barritt, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). Sheet TitleProject TitleUse of These DrawingsProject Reference:Scale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMTRUDELL CONSULTING ENGINEERSNo. 8917CIVILJENNIFER ANN DESAUTELSSTATE OF VERMONT PROFES SIONALENGINEERLI CENSEDField Book:1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities.They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessarypermits, and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property.Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy contains themost current revisions. If unsure, please contact TCE.LEGENDSEWER MANHOLE (SMH)CATCH BASIN (CB)VALVECURB STOP (CS)FIRE HYDRANT (HYD)UTILITY POLEELECTRIC METERLUMINAIRESIGNTELEPHONE PEDESTAL TPEMPROPERTY LINETREE LINEOVERHEAD POWEROHPGDWSSTORM DRAINAGETOPOGRAPHIC CONTOURSPAVED DRIVE OR ROADGRAVEL DRIVE OR ROADTCE CONTROL POINTSTEEL REBARSEWER MAINSAND SERVICESPAVED DRIVE OR ROADWITH CURBWATER MAINSAND SERVICESLIQUID PROPANEOR NATURAL GASSTORM DRAINAGEMANHOLE (DMH)124EXISTING CONDITIONS NOTES:1. THE PURPOSE OF THE EXISTING CONDITIONS PLAN IS TO DEPICTPERTINENT EXISTING CONDITIONS AS OF THE DATE OF SURVEY.2. VERTICAL DATUM IS BASED ON NAVD88 (GEIOD 12).3. COORDINATE SYSTEM IS BASED ON VERMONT STATE PLANE (U.S.SURVEY FEET).4. HORIZONTAL AND VERTICAL CONTROL ESTABLISHED WITH RTK GPSOBSERVATIONS FROM THE UVM CORS STATION. A TRIMBLE R6 RTKGPS UNIT WAS EMPLOYED FOR THESE OBSERVATIONS.5. THE LOCATION OF EXISTING UNDERGROUND UTILITIES ANDIMPROVEMENTS SHOWN ARE BASED ON RESEARCH, UTILITY PLANSPROVIDED BY OTHERS, AND/OR SURFACE EVIDENCEENCOUNTERED AND WERE OBTAINED IN A MANNER CONSISTENTWITH THE ORDINARY STANDARD OF PROFESSIONAL CARE ANDHAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR THEDESIGN ENGINEER. ADDITIONAL UTILITIES NOT SHOWN MAY EXIST.ENGINEER SHALL BE NOTIFIED IF ANY DISCREPANCIES AREENCOUNTERED. ACTUAL LOCATION OF UNDERGROUND UTILITIESMAY VARY. DIGSAFE MUST BE CONTACTED PRIOR TO ANYEXCAVATION. CALL 1-888-DIG SAFE (344-7233).6. PERIMETER BOUNDARIES SHOWN HEREON STRICTLY FROM TAXMAP INFORMATION AND A PLAN SUPPLIED BY ROBERT AUDETTE.THIS PLAN DOES NOT DEPICT A FORMAL BOUNDARY SURVEY.PROJECT LOCATION0FeetGraphic Scale30 30 60 90 120Existing ConditionsC1-02----1" = 30'14-176RMPJPPAAL4AudetteCommercial1900-1930 Williston RoadSouth Burlington, Vermont OHP&TOHP OHP OHP OHPOHP OHP OHPDD OADTO WILLISTONGRAVEL DRIVETHEPOURHOUSEBURLINGTONMUFFLER &BRAKEHONGKONGKITCHENB & CAUTOWORKSGARAGEAVIATION AVE SELF STORAGEUNIT (TYPICAL)VT MAPPED CLASS 2 WETLAND& TOE OF FILLTOP OF FILLN/FBURLINGTONINTERNATIONALAIRPORT (BTV) TOE OF FILLCLASS 2WETLAND50'CLASS 2WETLAND BUFFER000000000000000NEW AIRPORT LEASE AREA9,607 SF0.2 AC ±DD 300300GRAVEL DRIVEGARAGEN/FBURLINGTONINTERNATIONALAIRPORT (BTV)30'FRONTYARDSETBACK10' SIDE YARD SETBACK10' SIDE YARD SET B A C K 000000000000000000000000000000000 DD756 0FeetGraphic Scale30 30 60 90 120Sheet TitleProject TitleUse of These DrawingsProject Reference:Scale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMTRUDELL CONSULTING ENGINEERSNo. 8917CIVILJENNIFER ANN DESAUTELSSTATE OF VERMONT PROFES SIONALENGINEERLI CENSEDField Book:1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities.They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessarypermits, and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property.Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy contains themost current revisions. If unsure, please contact TCE.104/07/15 JADRevised Parking LayoutEasement PlanC2-01----Shown14-176RMPJPPAAL4AudetteCommercial1900-1930 Williston RoadSouth Burlington, VermontPROJECT LOCATIONEDGE GRAVELEASEMENT AREA COVERAGE KEYGRAVEL AND PAVEMENTGRASSGRASSGRAS S CLASS 2WETLAND SETBACKPERVIOUS AREA 3,505 S.F. OR 36.5%IMPERVIOUS AREA 6,185 S.F. OR 64.5%GRASS0FeetGraphic Scale10 10 20 30 40 SNOW STORAGEOHP&TOHP&TOHP&TOHP&TOHP&TOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHPOHPOHPOHPOHPOHP OHP OHP OHP OHP OHP OHP OHPBUS STOPSIGNPICKETFENCEWOODSTAIRSDDDDD304304304304303303303 302302302302302302302302 302301301 301301301301301301301301 301301300300300300300300BIKE LANESIGNVT ROUTE 2 WILLISTON ROADTO SOUTH BURLINGTONTO WILLISTONCONCRETEPAD &MAILBOXPAVEDPARKING(24 SPACES)GRAVELGRAVELGRAVELPAVEDPAVEDPAVEDCEDAR HEDGESIGNEDCBAGRAVELGRAVEL DRIVETHEPOURHOUSEBURLINGTONMUFFLER &BRAKEHONGKONGKITCHENB & CAUTOWORKSGARAGECONCRETE PADPAVEDN/FBURLINGTONINTERNATIONALAIRPORT (BTV)N/FAVIS RENT-A-CARCBR=301.20CBR=301.14CBR=303.91CBR=304.06AVIATION AVE CHAIN LINKSECURITY FENCE(TYPICAL)GATESTORM DRAINR=301.19GRASSMHR=301.27SMHR=301.80CONCRETEBOLLARDSELF STORAGEUNIT (TYPICAL)GASMETERELECTRICALMETERGASMETERSEWERCLEANOUTELECTRICALMETEROTCE POINT 1ELEV=302.11BIKE RACKSMHR=301.45VT MAPPED CLASS 2 WETLAND& TOE OF FILLTOP OF FILLTCE POINT 3ELEV=303.15TCE POINT 9ELEV=300.73TCE POINT 8ELEV=302.50TCE POINT 7ELEV=302.45N/FBURLINGTONINTERNATIONALAIRPORT (BTV)TCE POINT 6ELEV=300.75TCE POINT 5ELEV=301.99TCE POINT 4ELEV=302.90TCE POINT 2ELEV=305.51 TOE OF FILLCLASS 2WETLAND50'CLASS 2WETLAND BUFFERCLASS 2WETLAND50'CLASS 2WETLAND BUFFER10' SIDE YARD SETBACK 30'REARSETBACK10' SIDE YARD SETBACK10' SIDE YARD SE T B A C K30'FRONTYARDSETBACK92085PROPOSED GRAVEL (TYP.)PROPOSED PARKING (TYP.)PROPOSED ENCLOSUREGRAVEL OVERGROWNWITH GRASS TO BEREMOVED21'000000000000000340 LF OF 5' TALL FENCENEW AIRPORT LEASE AREA9,607 SF0.2 AC ±SNOWSTORAGEDD765+++++++++++++++++ ++++6SNOWSTORAGE4 PROPOSEDENCLOSURES1GRAVEL TO BEREMOVEDGRAVEL TO BEREMOVED(TYP.)GRAVEL OVERGROWNWITH GRASS0FeetGraphic Scale30 30 60 90 120Sheet TitleProject TitleUse of These DrawingsProject Reference:Scale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMTRUDELL CONSULTING ENGINEERSNo. 8917CIVILJENNIFER ANN DESAUTELSSTATE OF VERMONT PROFES SIONALENGINEERLI CENSEDField Book:1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities.They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessarypermits, and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property.Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy contains themost current revisions. If unsure, please contact TCE.1Site PlanC2-0212/14/141" = 30'14-176NPCJPPAAL4AudetteCommercial1900-1930 Williston RoadSouth Burlington, VermontPROJECT INFORMATION:1. OWNER OF RECORD: ROBERT AUDETTE41 PETERSON TERRACESOUTH BURLINGTON, VERMONT 054032. TAX PARCEL ID: 1810-019003.PHYSICAL ADDRESS 1900-1930 WILLISTON ROAD OF PROPERTY: SOUTH BURLINGTON, VERMONT 054034.PARCEL SIZE: 2.35 ACRES5. ZONING DISTRICT: CILEGENDELECTRIC METER EMPROJECT LOCATIONPURPOSE OF THIS SITE PLAN:TO SHOW ADDITIONAL PARKING AND REVISED PARKING LAYOUT.NEWLY CREATED PARKINGNEW GRAVELGRAVEL TO BE REMOVEDEXISTING GRAVELOVERGROWN WITH GRASS04/07/15 JADRevised Parking LayoutLAND LEASED FROM AIRPORTPARKING:EXISTING = 42 SPACESPROPOSED = 67 SPACESEXISTING GRAVELOVERGROWN WITH GRASSTO BE REMOVEDPROPOSEDEXISTINGPROPERTY LINEEASEMENTSWETLAND LIMITFENCETREE LINESEWER MANHOLE (SMH)CATCH BASIN (CB)VALVECURB STOP (CS)FIRE HYDRANT (HYD)UTILITY POLETELEPHONE PEDESTALLUMINAIRETELEVISION PEDESTALSIGNOVERHEAD POWERSTORM DRAINAGEPAVED DRIVE OR ROADGRAVEL DRIVE OR ROADTOPOGRAPHIC CONTOURSPAVED DRIVE OR ROADWITH CURBSEWER MAINSAND SERVICESWATER MAINSAND SERVICESLIQUID PROPANEOR NATURAL GASTCE CONTROL POINTSTEEL REBARSTORM DRAINAGEMANHOLE (DMH)SS124WGOHP124WDGOHP00D AAL4Sheet TitleProject TitleUse of These DrawingsProject Reference:Scale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMTRUDELL CONSULTING ENGINEERSNo. 8917CIVILJENNIFER ANN DESAUTELSSTATE OF VERMONT PROFE SSIONAL ENGINEERLI CENSEDField Book:1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities.They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessarypermits, and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property.Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy contains themost current revisions. If unsure, please contact TCE.190% PlansDAB06/06/142Civil UpdatesDAB07/29/14Site DetailsC8-0104/06/2015Shown14-176RMPJPPAAL4AudetteCommercial1900-1930 Williston RoadSouth Burlington, VermontGROUND5'POST FOOTING(TYPICAL)10' MAX.x-xxxLAST REVISED 04/06/20152015 TRUDELL CONSULTING ENGINEERSTYPICAL CHAIN LINK FENCESD-016LAST REVISED 04/07/20152015 TRUDELL CONSULTING ENGINEERSTYPICAL GALVANIZED FENCE WITH GATE DETAIL10'0"8'0" OPENING 1"=4'0" 1"=4'0"FRONT ELEVATION 1"=4'0"TYPICAL ELEVATIONPLANx-xxxLAST REVISED 04/06/20152015 TRUDELL CONSULTING ENGINEERSTYPICAL CHAIN LINK FENCE POST FOOTINGS24"10"DIA.2 PANEL CATECENTER POSTLINE POST ORCORNER POSTLINE POST ORCORNER POSTIN LEDGECENTER STOPFOR GATES42"10"DIA.34"42"34"36"15" MAX.DIM. "X"DIM. "Y"NOTE:DIM. "Y" = 15" WHEN DIM. "X" VARIESBETWEEN 0" AND 24" WHEN DIM. "X"EXCEEDS 24" DIM. Y DECREASESACCORDINGLY.CLASS "B" CONCRETE(TYPICAL)GROUND GROUND10" DIA.LEDGENOTES:9 GAUGE GALVANIZED VINYL COATED FENCE FABRIC, 2" MESHFABRIC MESH TO BE GREEN, BLACK OR BROWN IN COLORFABRIC MESH TO HAVE CLOSED TOP LOOP1-5/8" O.D. SCH40 WEIGHT GALVANIZED TOP RAIL2" O.D. SCH 40 WEIGHT GALVANIZED LINE POST3" O.D. SCH 40 WEIGHT END, GATE AND CORNER POSTHINGED GATE PANELCENTGER POST GATE STOP 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer SUBJECT: #SP-15-21 Robert Audette 1900 & 1930 Williston Road DATE: June 2, 2015 DRB Meeting. Staff has prepared a draft Findings of Fact & Decision for the application for your consideration. However, as always, this draft decision is just that and the Board should feel free to make any changes to this draft decision. #SP-15-21 SP_15_21_1900&1930_AirportDrive_Robert_Audette_parking_and_fence_lease_land_ffd.doc- 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT AUDETTE – 1900 & 1930 WILLISTON ROAD SITE PLAN APPLICATION #SP-15-21 FINDINGS OF FACT AND DECISION Site plan application #SP-15-21 of Robert Audette for approval to allow parking, and a six (6) ft. fence on land being leased to the applicant from the City of Burlington which is adjacent to property owner’s property at 1900 & 1930 Williston Road. The Development Review Board held a public hearing on Tuesday, June 2, 2015. Jenn Desautels represented the applicant. 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. Robert Audette, hereafter referred to as the applicant, is requesting Site Plan approval to allow parking, and a six (6) ft. fence on land being leased to the applicant from the City of Burlington which is adjacent to property owner’s property at 1900 & 1930 Williston Road. 2. The owner of record of the subject property is City of Burlington/Burlington International Airport. 3. The subject property is located in the Airport Industrial Zoning District. 4. The plan submitted consist of a one (1) page plan entitled “Audette Commercial 1900-1930 Williston Road South Burlington, Vermont Airport Lease Lot Site Plan” prepared by Trudell Consulting Engineers, dated 4/07/2015, and last revised on 04/20/2015. Table 1. Dimensional Requirements Airport Industrial Zoning District Required Proposed Existing  Min. Lot Size 3 acres 9,607 SF lease 770 acres  Max. Building Coverage 40% n/a n/a  Max. Overall Coverage 50% n/a n/a  Min. Front Setback 50 ft. n/a n/a  Min. Side Setback 35 ft. n/a n/a  Min. Rear Setback 50 ft. n/a n/a - zoning compliance The current 770 acre parcel is in compliance with these requirements. SITE PLAN REVIEW STANDARDS #SP-15-21 SP_15_21_1900&1930_AirportDrive_Robert_Audette_parking_and_fence_lease_land_ffd.doc- 2 – Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The applicant is proposing to formalize and reconfigure parking spaces on land leased from the City of Burlington. The leased land will result in six (6) additional parking spaces being available to the applicant. The Board finds that this criterion is 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. Parking areas are located to the rear and the sides of the building. The Board finds that this criterion is met. (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. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to the buildings are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No changes to services are proposed nor necessitated. C. 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 changes to the buildings are proposed. The applicant is proposing to install a 6 ft. high chain link fence along the edge of the leased area to prevent encroachment beyond the leased area. The Board finds that this criterion is met. #SP-15-21 SP_15_21_1900&1930_AirportDrive_Robert_Audette_parking_and_fence_lease_land_ffd.doc- 3 – (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. No changes to the buildings are proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: A. 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. The Board finds that no reservation of land is required. B. Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The proposed project does not include any wire-served utility lines. C All dumpsters and other facilities to handle solid waste, including compliance with any recycling 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). The plans show some proposed dumpster enclosures and some dumpsters which appear to be remaining as unenclosed. The Board finds that the plans should be revised to clearly indicate that all dumpsters and dumpster pads shall be enclosed and that any existing dumpster locations which will no longer be used be noted as such. D. Landscaping and Screening Requirements Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show adequate snow storage areas for the subject property. The proposed parking areas does not contain more than twenty (20) parking spaces, and therefore is not required to be landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The Board finds this criterion to be met. #SP-15-21 SP_15_21_1900&1930_AirportDrive_Robert_Audette_parking_and_fence_lease_land_ffd.doc- 4 – 10.02 Traffic Overlay District The project is located in the Traffic Overlay District. However, the application proposes no change in use and therefore no project change in traffic volumes. 13.03 Airport Approach Cones A. General Restrictions. Notwithstanding the provisions of any other section(s) of these regulations, the uses permitted in any district in the Airport Approach Cones, as shown on the Official Zoning Map and Overlay Districts Map, shall be permitted subject to the following limitations: (1) No use shall be permitted which will produce electrical interference with radio communication or radar operations at the airport. (2) No use shall be permitted which could obstruct the aerial approaches to the airport. (3) All uses shall comply with applicable FAA or other federal or state regulations. (4) No lights or glare shall be permitted which could interfere with vision or cause confusion with airport lights. The project is located within the Airport Approach Cone. The Board finds that the applicant shall comply with Section 13.03 of the Land Development Regulations. 12.02 Wetland Protection Standards and Review Procedures …… E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. #SP-15-21 SP_15_21_1900&1930_AirportDrive_Robert_Audette_parking_and_fence_lease_land_ffd.doc- 5 – The existing parking and berm area is within a portion of a Class II wetland and the buffer area to that wetland. However, in email from Vermont DEC to the applicant on January 14, 2015, the DEC determined that “there is not enough evidence to consider the gravel parking area and subsequent work within the parking area, consisting of a berm and drainage system, to be considered an encroachment upon the wetland(.)” and that they do not consider this to be a violation. Based upon this determination by VTDEC, the Board finds that the Standards for Wetlands Protection are met. DECISION Motion by _________________, seconded by _____________________, to approve site plan application #SP-15-21 of Robert Audette, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall 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 shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans. a. The plans shall be revised to clearly indicate that all dumpsters and dumpster pads shall be enclosed and that any existing dumpster locations which will no longer be used be noted as such. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 6. The proposed project shall 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 should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent shall visit the site as construction progresses to ensure compliance with this criterion. 7. The Board finds that the applicant shall comply with Section 13.03 Airport Approach Cones of the Land Development Regulations. 8. Prior to issuance of a zoning permit for the project, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 9. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. #SP-15-21 SP_15_21_1900&1930_AirportDrive_Robert_Audette_parking_and_fence_lease_land_ffd.doc- 6 – 10. The applicant shall obtain Certificate of Occupancy from the Administrative Officer prior to the use of the site modifications. 11. Any changes to the site plan shall require approval of the South Burlington Development Review Board or Administrative Officer. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of X– 0 – 0. Signed this ____ day of __________________ 2015, by _____________________________________ Tim Barritt, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). OHP&TOHP OHP OHP OHPOHP OHP OHPDD OADTO WILLISTONTHEPOURHOUSEBURLINGTONMUFFLER &BRAKEHONGKONGKITCHENB & CAUTOWORKSGARAGEAVIATION AVE SELF STORAGEUNIT (TYPICAL)VT MAPPED CLASS 2 WETLAND& TOE OF FILLTOP OF FILLN/FBURLINGTONINTERNATIONALAIRPORT (BTV) TOE OF FILLCLASS 2WETLAND50'CLASS 2WETLAND BUFFERPROPOSED ENCLOSURE000000000000000340 LF OF 5' TALL FENCENEW AIRPORT LEASE AREA9,607 SF0.2 AC ±DD 4 PROPOSEDENCLOSURES300300GARAGEN/FBURLINGTONINTERNATIONALAIRPORT (BTV)30'FRONTYARDSETBACK10' SIDE YARD SETBACK10' SIDE YARD SET B A C K PROPOSED ENCLOSURE000000000000000000000000000000000 340 LF OF 5' TALL FENCEDD4 PROPOSED ENCLOSURES0FeetGraphic Scale30 30 60 90 120Sheet TitleProject TitleUse of These DrawingsProject Reference:Scale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMTRUDELL CONSULTING ENGINEERSNo. 8917CIVILJENNIFER ANN DESAUTELSSTATE OF VERMONT PROFES SIONALENGINEERLI CENSEDField Book:1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities.They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessarypermits, and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property.Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy contains themost current revisions. If unsure, please contact TCE.104/07/15 JADRevised Parking LayoutAirport Lease LotSite PlanC2-01----Shown14-176RMPJPPAAL4AudetteCommercial1900-1930 Williston RoadSouth Burlington, VermontPROJECT LOCATIONEDGE GRAVELEASEMENT AREA COVERAGE KEYGRAVEL AND PAVEMENTGRASS CLASS 2WETLAND SETBACKPERVIOUS AREAIMPERVIOUS AREA0FeetGraphic Scale10 10 20 30 40204/20/15 JADRevised Sheet TitleEXISTING DUMPSTERSEXISTING DUMPSTERSVIEW OF LEASE LOT PARKING AREAOVERALL VIEW OF LEASE LOTTHIN STRIP OF LAND TO INCLUDEEXISTING DRIVEWAYRECONFIGURED PARKING SPACESIN EXISTING GRAVEL AREA 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer SUBJECT: #SD-15-16 Champlain Water District 1215 Dorset Street DATE: June 2, 2015 DRB Meeting. Staff has prepared a draft Findings of Fact & Decision for the application for your consideration. The application submitted is identical to the Preliminary Plat Application (#SD-15-14) approved by the Board at its May 19th meeting. However, as always, this draft decision is just that and the Board should feel free to make any changes to the draft decision. #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN WATER DISTRICT – 1215 DORSET STREET FINAL PLAT APPLICATION #SD-15-16 FINDINGS OF FACT AND DECISION Final plat application #SD-15-16 of Champlain Water District for a planned unit development to amend a previously approved plan for a 2.1 million gallon water storage tank. The amendment consists of: 1) constructing a 190 ft. high communications tower including antennas, and 2) constructing a 216 sq. ft. support building, 1215 Dorset Street The Development Review Board held a public hearing on Tuesday, June 2, 2015. Sheila McIntyre represented the applicant. 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. Champlain Water District, hereafter referred to as the applicant, is requesting final plat approval for a for a planned unit development to amend a previously approved plan for a 2.1 million gallon water storage tank. The amendment consists of: 1) constructing a 190 ft. high communications tower including antennas, and 2) constructing a 216 sq. ft. support building, 1215 Dorset Street. 2. The owner of record of the subject property is Champlain Water District. 3. The subject property is located in the Municipal Zoning District. 4. The plans submitted consist of a seven (7) page set of plans, page one (1) entitled “Dorset Street COM Tower Landscape Mitigation Plan”, prepared by T.J. Boyle Associates, LLC, and dated 3/27/15. Zoning District & Dimensional Requirements: The property is located in the Municipal Zoning District. Municipal Zoning District Required Existing Proposed  Min. Lot Size none 1.17 acres No change  Max. Building Coverage 30% 0.05 % 0.50 %  Max. Overall Coverage 70% 12.4 % 17.2 %  Max. Front Yard Coverage 30% 28.0 % No change  Min. Front Setback 40 ft. > 40 ft. > 40 ft.  Min. Side Setback 15 ft. ~6 ft. > 15 ft. #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 2 –  Min. Rear Setback 30 ft. <30 ft. > 30 ft.  Max. Building Height 35ft. (flat roof) 135 ft. tank + antennae of unknown height on tank 135 ft. tank + 190 ft, new tower and antennae  zoning compliance  Waiver previously granted for existing tank & antennae, 155 ft. height waiver requested for new tower with antennas Height Waiver The applicant is requesting a waiver pursuant to Section 3.07, D(2)(b) which reads as follows: (2) R12, IA, PR, MU, C1-R12, C1-R15 C1-Auto, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts. (a) …………. (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post-construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights-of-way. The applicant has submitted the required plans. With regards to the existing tank which measures 150.5 ft. in height, the applicant proposes to keep this in place but remove the communications antennas from it (of unknown height). The applicant then proposes to erect a new communications tower with whip antennas with a total height of 189.5 ft. The general objectives of the Municipal Zoning District, noted in Section 7.03 A. are as follows: A Municipal District is hereby formed to provide for public schools, municipal services including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal uses, excluding public recreation. Existing whip antennas on top of the tank provide communications services to CWD and South Burlington Police, Fire and Rescue and will be moved to the proposed new communications tower. Applicant has submitted photo simulations of the new tower. The applicant notes that they also propose to remove (via a separate Zoning Permit application for demolition) an existing unused City-owned tower approximately 110 ft. in height, shed and associated guy wires located on the adjacent Isham property. In reviewing this application, the Board notes that the new tower is to be sited adjacent to a 150.5 ft. water tank that presently has antennae on top. Due to its proximity to this existing infrastructure and #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 3 – due to the planned removal of the existing 110 ft. tower, the Board finds that the proposal will not significantly further impact the views from adjacent properties. The Board therefore finds that the proposed 190 ft. tower with a 155 ft. height waiver will not detract from scenic views from adjacent public roadways and other public rights-of-way and grants a 155 ft. height waiver. Fencing As a matter of public health and safety, the applicant seeks to install an 8 ft. fence consisting of 7 ft. of fencing with a 1 ft., 3-strand barbed wire apron installed at a 30-45 degree angle. Barbed wire is prohibited by the LDRs as follows in Section 13.17 (C). 24 V.S.A. Section 4413 (a), however, states that certain “uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements…” 24 V.S.A. Section 4413 (a) (1) includes “state or community-owned and operated institutions and facilities”. Since the proposed tower will be a community-owned facility, the barbed wire fencing is exempt from City regulation. The Board finds that the barbed wire fencing is therefore permissible. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The project requires no water or wastewater supply or disposal. This criterion is not applicable. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant’s plans indicate the use of grading and erosion controls. The Board finds this criterion to be met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The site is not regularly staffed and operates 24 hours a day. There will be no increase in traffic to the site and the existing driveway will be used. The Board finds this criterion to be met. (A)(4)The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 4 – There is a record of an isolated wildlife sighting in the property in the 2002 Open Space Strategy, however the property is not identified as an “Area” in the Open Space strategy. Also, there are neither wetlands, streams, nor wildlife habitat as identified in the Open Space Strategy nor unique natural features on the site. The Board finds that this criterion is met. (A)(5)The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The Board finds that the proposed tower and antennas are compatible with the planned development patterns of the Municipal District. (A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. In a letter to staff dated April 27, 2015, the Fire Chief provided the following comments: Dear Ray: We are familiar with and have reviewed this project as submitted and see no issues regarding its construction and access. Should you need any further assistance on this project please feel free to contact me. Sincerely, Douglas S. Brent Douglas S. Brent Fire Chief The Board finds this criterion to be met. (A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Not applicable. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). According to the Comprehensive Plan, the goals and objectives for this area of the City is as follows: #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 5 – 5. Southeast Quadrant - The Quadrant should be developed in a gradual, well planned manner that provides a variety of development patterns. An overall density in the low moderate range should be maintained and development designs stressed which preserve the open, special character of the SEQ. The project will remove one tower and erect a new tower. The proposed development will have little impact on density and little impact on the open and special character of the SEQ. The Board finds this criterion to be met. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. There is no pedestrian access to the site. Parking needs are minimal as the site is only visited on periodic basis for maintenance. The proposed new area for maintenance vehicles is graveled and is located to the east of the water tank. The Board finds this criterion to be 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. There are no formal parking areas on the site. The new gravel drive area will be located to the side of the new tower. The Board finds this criterion to be met. (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. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. The proposed new tower will be compatible with the scale and height of the existing tank on the site. The Board finds this criterion to be met. #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 6 – (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. Proposed new power lines will be underground. The Board finds this criterion to be met. C. 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. The applicant proposes to plant 35 new trees on the property and remove 15 existing trees. In a memo to staff dated April 21, 2015 the City Arborist provided the following comments:  Tree and Shrub Planting Details should be included with plans  I’m sure the intent of planting Norway Spruce is to provide screening but unless the trees are going to be maintained as a formal hedge, spacing the trees 10 ft. on center is pretty tight. These trees reach a mature width of 20-30 ft. and heights of 60-80 ft. In a memo to staff dated April 30, 2015 the City Arborist provided the following additional comments: Ray, I spoke with Jeremy at TJ Boyle regarding the spacing of the Norway Spruce on the south side of the access road. If they were to increase the spacing to 15-20 feet on center I think that would provide the trees with a bit more space while still providing screening. Craig Lambert South Burlington City Arborist The Board directs the applicant to comply with the City Arborist’s recommendations by increasing the spacing of the Norway Spruce on the south side of the access road to 15 feet. (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. The proposed new structure is only 9 ft. tall and relatively small and unobtrusive. The proposed new tower will be 190 ft. high and the existing water tower (after its top-mounted antennas are removed) will measure 150.5 feet. The applicant has provided a photo simulation of what the project will look like after completion. The Board finds this criterion to be met. 7.03 Municipal District MU #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 7 – A. Purpose. A Municipal District is hereby formed to provide for public schools, municipal services including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal uses, excluding public recreation. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. C. Permitted Uses….. D. Conditional Uses….. E. Area, Density and Dimensional Requirements. In the Municipal District, all requirements of this Section 7.03 and Table C-2, Dimensional Standards shall apply. F. Additional Standards. In reviewing any Permitted or Conditional Use proposed under this Section shall meet the following standards in addition to those in Article 14 of these Regulations: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site The Board finds that the proposed use will provide an affirmative public benefit to the City and its citizens and that it will be compatible with and will protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. DECISION Motion by _________________, seconded by _________________, to approve final plat application #SD-15-16 of Champlain Water District, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall 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 shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans. a. The landscaping plans shall be revised to show Tree and Shrub Planting Details and to increase the spacing of the Norway Spruce on the south side of the access road to 15 feet. #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 8 – 4. The applicant shall provide the Administrative Officer record drawings, per the requirements of Section 12.03F of the Land Development Regulations prior to the issuance of a Certificate of Occupancy. 5. The Board grants a 155 ft. height waiver over the 35 ft. height limit for the tower to result in a maximum of 190 ft. 6. The Board finds that, pursuant to24 V.S.A. Section 4413 (a) (1) the use of barbed wire fencing is permissible. 7. The proposed project shall 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 should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent may visit the site as construction progresses to ensure compliance with this criterion. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9. Prior to zoning permit issuance for construction of the building, the applicant shall post an $11,925 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 10. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new tower. 12. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 13. Prior to issuance of a zoning permit, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 14. The mylar shall be recorded prior to any zoning permit issuance. 15. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 16. The final plat plan (sheet C-1) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit copies of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Not Present #SD-15-16 SD_15_16_1215_DorsetStreet_ChamplainWaterDistrict_comm_tower_and_support_building_FINAL_ffd. doc- 9 – Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of X– 0 – 0. Signed this ____ day of __________________ 2015, by _____________________________________ Tim Barritt, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 5,370272.8Champlain Water DistrictVermont Agency of Natural Resources3,759© Vermont Agency of Natural Resources191.01:WGS_1984_Web_Mercator_Auxiliary_SphereMeters191.00NOTES1.17 Acre Parcel to Support Proposed Public Safety Communications TowerLEGEND96.00vermont.govDISCLAIMER: This map is for general reference only. Data layers that appearon this map may or may not be accurate, current, or otherwise reliable. ANR andthe State of Vermont make no representations of any kind, including but notlimited to, the warranties of merchantability, or fitness for a particular use, norare any such warranties to be implied with respect to the data on this map.January 8, 2015THIS MAP IS NOT TO BE USED FOR NAVIGATION1" = 313 1cm = 38Ft. MetersParcels (where available)Town Boundary General Information Viewpoint LocationNowland Farm RoadSouth Burlington, VTView looking north from Nowland Farm Nowland Farm Road in South Burlington, VT. The existing water tower and lattice tower are visible beyond the golf course clubhouse.Photograph taken at 1:27 pm on February 27, 2015Distance to Site:3,295 feet (.62 Miles) Nikon D7000 Photograph taken at 35mm focal length (approximately camera)Viewing Instructions The simulated image is at proper perspective when viewed at 17.5 inches from the eye,or at a distance of approximately 2 times the image heightDorset StreetPublic Safety March 3, 2015VIEWPOINT 1 - EXISTING CONDITIONS General Information Viewpoint LocationDistance to Site:3,295 feet (.62 Miles) Nikon D7000 Photograph taken at 35mm focal length (approximately camera)Viewing Instructions The simulated image is at proper perspective when viewed at 17.5 inches from the eye,or at a distance of approximately 2 times the image heightVIEWPOINT 1 - SIMULATED CONDITIONSDorset StreetPublic Safety March 3, 2015View looking north from Nowland Farm Nowland Farm Road in South Burlington, VT. The antenna on the water tower and the lattice tower have been removed, and the proposed tower is visible at center.Photograph taken at 1:27 pm on February 27, 2015Nowland Farm RoadSouth Burlington, VT General Information Viewpoint LocationDorset StreetSouth Burlington, VTPhotograph taken at 1:32 pm on February 27, 2015Distance to Site:710 feet (.13 Miles) Nikon D7000 Photograph taken at 35mm focal length (approximately camera)Viewing Instructions The simulated image is at proper perspective when viewed at 17.5 inches from the eye,or at a distance of approximately 2 times the image heightVIEWPOINT 2 - EXISTING CONDITIONSDorset StreetPublic Safety March 3, 2015 General Information Viewpoint LocationDorset StreetSouth Burlington, VTPhotograph taken at 1:32 pm on February 27, 2015Distance to Site:710 feet (.13 Miles) Nikon D7000 Photograph taken at 35mm focal length (approximately camera)Viewing Instructions The simulated image is at proper perspective when viewed at 17.5 inches from the eye,or at a distance of approximately 2 times the image heightVIEWPOINT 2 - SIMULATED CONDITIONSDorset StreetPublic Safety March 3, 2015 General Information Viewpoint LocationPark RoadSouth Burlington, VTView looking southwest from Park Road in South Burlington, VT. The existing water tower and antennas atop the water tower are visible in the middle ground.Photograph taken at 12:55 pm on February 23, 2015Distance to Site:1,248 feet (.24 Miles) Nikon D7000 Photograph taken at 35mm focal length (approximately camera)Viewing Instructions The simulated image is at proper perspective when viewed at 17.5 inches from the eye,or at a distance of approximately 2 times the image heightVIEWPOINT 3 - EXISTING CONDITIONSDorset StreetPublic Safety March 3, 2015 General Information Viewpoint LocationPark RoadSouth Burlington, VTView looking southwest from Park Road in South Burlington, VT. The proposed tower is visible in the middle ground.Photograph taken at 12:55 pm on February 23, 2015Distance to Site:1,248 feet (.24 Miles)Nikon D7000 Photograph taken at 35mm focal length (approximately camera)Viewing Instructions The simulated image is at proper perspective when viewed at 17.5 inches from the eye,or at a distance of approximately 2 times the image heightVIEWPOINT 3 - SIMULATED CONDITIONSViewpoint LocationDorset StreetPublic Safety March 3, 2015 Valmont Structures, Inc. - Specialty Structures Group 1545 Pidco Drive Plymouth, IN 46563 Phone: (574) 936-4221 FAX: (574) 936-6458 Job: Quotation 279168-04 Project: U-16 x 180' - CWD Water Tank Site, VT Client: The Radio North Group Drawn by: CRF1 App'd: Code: TIA-222-G Date: 03/12/15 Scale: NTS Path: \\plystrfile01\fileroom\Documents\279\279168 The Radio North Group Water Tank Site, VT U-x180'\00 Quote Information\279168-04.eri Dwg No. E-1 180.0 ft 160.0 ft 140.0 ft 120.0 ft 100.0 ft 80.0 ft 60.0 ft 40.0 ft 20.0 ft 0.0 ft REACTIONS - 90 mph WIND TORQUE 2 kip-ft 24 K SHEAR 2179 kip-ft MOMENT 22 K AXIAL 40 mph WIND - 1.0000 in ICE TORQUE 1 kip-ft 8 K SHEAR 839 kip-ft MOMENT 145 K AXIAL SHEAR: 17 K UPLIFT: -145 K DOWN: 165 K MAX. CORNER REACTIONS AT BASE: ARE FACTORED ALL REACTIONS SectionT1T2T3T4T5T6T7T8T9 LegsSR 1 1/4SR 1 1/2SR 1 3/4#12ZG-58 - 1.25" - 1.00" conn. (Pirod 194434) Leg GradeA572-58 DiagonalsSR 3/4L2 1/2x2 1/2x3/16L3x3x3/16 Diagonal GradeA572-50A36 Top GirtsSR 7/8L3x3x3/16N.A. Mid GirtsSR 7/8N.A. Bottom GirtsSR 7/8N.A. HorizontalsSR 3/4N.A. Face Width (ft)46810121416 # Panels @ (ft)24 @ 2.4270812 @ 10 Weight (K)0.70.81.01.91.92.02.02.12.314.7 15' LRE with 4' lightning rod (arm=7.75') 180 Beacon 180 ANT150F2 180 DB636 180 6' Pivot Side Arm (50" pipe) 180 ANT440F6 180 6' Pivot Side Arm (50" pipe) 180 Intreprid 2.4 Ghz Panel 180 DB636 180 6' Pivot Side Arm (50" pipe) 180 PR-900 170 3' Pivot Side Arm (50" pipe) 170 PR-900 170 3' Pivot Side Arm (50" pipe) 170 ANT930Y10-WR 150 ANT940F10 150 6' Pivot Side Arm (50" pipe) 150 PTP5.8 150 DB636 150 6' Pivot Side Arm (50" pipe) 150 ANT450Y10-WR 140 3' Pivot Side Arm (50" pipe) 140 ANT150F6 -150-174 MHZ 140 6' Pivot Side Arm (50" pipe) 140 Pipe mount 135 ODU 12" x 11" x 4" 135 HPD2-4.7 135 ODU 12" x 11" x 4" 130 PR-900 130 3' Pivot Side Arm (50" pipe) 130 Pipe mount 130 HPD2-4.7 130 Pipe mount 120 ODU 12" x 11" x 4" 120 HPD2-4.7 120 6' Pivot Side Arm (50" pipe) 110 ANT150F6 -150-174 MHZ 110 6' Pivot Side Arm (50" pipe) 110 Pipe mount 110 ODU 12" x 11" x 4" 110 DB636 110 HPD2-4.7 110 DB636 80 6' Pivot Side Arm (50" pipe) 80 ANT150F6 -150-174 MHZ 80 6' Pivot Side Arm (50" pipe) 80 Pipe mount 80 ODU 12" x 11" x 4" 80 HPD2-4.7 80DESIGNED APPURTENANCE LOADING TYPE TYPEELEVATION ELEVATION 15' LRE with 4' lightning rod (arm=7.75') 180 Beacon 180 ANT150F2 180 DB636 180 6' Pivot Side Arm (50" pipe) 180 ANT440F6 180 6' Pivot Side Arm (50" pipe) 180 Intreprid 2.4 Ghz Panel 180 DB636 180 6' Pivot Side Arm (50" pipe) 180 PR-900 170 3' Pivot Side Arm (50" pipe) 170 PR-900 170 3' Pivot Side Arm (50" pipe) 170 ANT930Y10-WR 150 ANT940F10 150 6' Pivot Side Arm (50" pipe) 150 PTP5.8 150 DB636 150 6' Pivot Side Arm (50" pipe) 150 ANT450Y10-WR 140 3' Pivot Side Arm (50" pipe) 140 ANT150F6 -150-174 MHZ 140 6' Pivot Side Arm (50" pipe) 140 Pipe mount 135 ODU 12" x 11" x 4" 135 HPD2-4.7 135 ODU 12" x 11" x 4" 130 PR-900 130 3' Pivot Side Arm (50" pipe) 130 Pipe mount 130 HPD2-4.7 130 Pipe mount 120 ODU 12" x 11" x 4" 120 HPD2-4.7 120 6' Pivot Side Arm (50" pipe) 110 ANT150F6 -150-174 MHZ 110 6' Pivot Side Arm (50" pipe) 110 Pipe mount 110 ODU 12" x 11" x 4" 110 DB636 110 HPD2-4.7 110 DB636 80 6' Pivot Side Arm (50" pipe) 80 ANT150F6 -150-174 MHZ 80 6' Pivot Side Arm (50" pipe) 80 Pipe mount 80 ODU 12" x 11" x 4" 80 HPD2-4.7 80 MATERIAL STRENGTH GRADE GRADEFy FyFu Fu A572-58 58 ksi 75 ksi A572-50 50 ksi 65 ksi A36 36 ksi 58 ksi TOWER DESIGN NOTES 1. Tower is located in Chittenden County, Vermont. 2. Tower designed for Exposure C to the TIA-222-G Standard. 3. Tower designed for a 90 mph basic wind in accordance with the TIA-222-G Standard. 4. Tower is also designed for a 40 mph basic wind with 1.00 in ice. Ice is considered to increase in thickness with height.5. Deflections are based upon a 60 mph wind. 6. Tower Structure Class III. 7. Topographic Category 1 with Crest Height of 0.00 ft 8. TOWER RATING: 96.8% Contract 101 – Public Safety Communications Tower Project Justification - March 31, 2015 1 Project Purpose and Necessity Q: Why must the antennas be removed from the public water supply tank permanently?  Tank Maintenance Program – This tank is one of fourteen in a 17-year maintenance contract with Utility Service Group. Every tank is inspected annually and rehabilitated on a set schedule; this tank is scheduled for major maintenance in year 7 (2016), and again in year 17 (2026). The 2016 work includes complete interior and exterior rehabilitation and recoating (sand blasting and repainting), as well as specific metal repair and safety improvements: installation of a secondary square roof hatch, addition of rest stations on the tank ladder, repairs to, or replacement of the ladder safety climb system. All attachments or obstacles on the water storage tank must be removed to perform a proper rehabilitation job, including welding, sand blasting and painting, and to provide for the safety of the contractor (not to mention maintaining the integrity and performance of the live communications equipment) given the safety concerns of working around live communications equipment.  Safety – There are inherent safety concerns when working at great heights on a water tank, in different seasons and weather conditions, and on dissimilar disciplines (tank maintenance vs. communications maintenance). Radio antennas, cables, and conduits compromise access and safety of tank maintenance workers as they must tie off safety harnesses and install rigging to access all surfaces of the tank. There exists a risk that many tank maintenance employees may not be familiar with the health risk borne of close exposure to live microwave signals propagated by some antennas. Case History: In the 2004-2005 timeframe, the tank was subjected to major reconstruction, consisting of foundation replacement in situ, and addition of 35 vertical feet of structure to provide additional storage. Simultaneously, Radio North, the City’s radio consultant required access to the tank for upgrades to the City radio system. At various stages of the tank project, Radio North was refused access to the tank for safety reasons. When they were allowed on the tank, there was elevated risk due to congestion at the jobsite, around and upon the tank.  Security and Limited Access – CWD must employ strict safety and security standards system- wide to protect the health of its 70,000 consumers. Water storage tanks are identified as high risk assets for those interested in intentional acts against the public. Every individual, including our own CWD employees, are required to sign out and sign back in a special key every time they access the locked tank ladder or roof hatches. Tank locks are unique compared to all other locks throughout the CWD system. The fewer contractors, workers, and employees with access to the tank reduce the likelihood of any type of security lapse. Contract 101 – Public Safety Communications Tower Project Justification - March 31, 2015 2  Policy & Practice – There exists a written policy effective throughout the CWD system that third- party private telecommunications providers shall not be provided space on our tanks for their equipment. In addition, in the few circumstances where local municipal (usually police and fire) communications gear has been allowed on our tanks, that access has been rescinded over time for the same reasons as spelled out above.  Emergency or Unscheduled Maintenance or Repairs – In the event of damage to the tank, there is high risk that the communications equipment mounted upon the tank could be physically compromised in some manner, or must be relocated with very short notice. In either case, continuity of radio service could not be guaranteed, severely impacting City police and fire, and CWD operations. Case History: In the fall of 1997, a roof failure on a 2 million gallon water storage tank in Essex Junction required taking the tank out of service and completing extensive roof demolition and replacement that lasted several months from start to finish. Had there been radio communications equipment upon that tank, either radio services would have been compromised until a backup system could be employed, or the tank would have been out of service longer to accommodate the time necessary for installation of a backup radio system prior to commencing tank roof demolition. Alternatives Considered Q: Have other sites in South Burlington been considered for relocating the radio communications infrastructure?  Two Studies – The City carried out a Radio Communications Study in 2002 by RCC Consultants, Inc. concluding that the current tank site on Dorset Street was the optimal location for its police and fire radio services, given the many locations about the city that require a reliable communications link. Coincidentally, CWD and the City had implemented a water storage study to search for alternative sites in the city for construction of additional storage volume. The two studies both concluded that the best recommended location for additional storage and communications was already established at the Dorset Street tank site, and the property was already municipally owned. Q: Can the antennas be moved off the tank temporarily, and then re-installed?  Key Communications Facility – Because of its location and elevation, this site on Dorset Street has evolved as a key setting for the City of South Burlington and CWD, supporting voice radio, regional data collection and controls for remote sites of the water system, emergency services coordination and response, security alarms, video feedback, etc. Importantly, this facility is the Contract 101 – Public Safety Communications Tower Project Justification - March 31, 2015 3 sole radio transmission site for all South Burlington police, fire, and emergency services, with no backup for emergencies. These critical communications assets must be “hot” (up and running, and reliable) 24/7/365. Understandably, a permanent relocation of the equipment, even a temporary relocation, will require construction of a new, twin, live installation, before the existing installation is shut down and dismantled.  Cost Prohibitive – With the need for a continuous, hot communications facility in mind, a re- visitation of the cost of relocating, then replacing all equipment is warranted. A temporary structure (tower) at least 180’ in height must be permitted and provided, equipped with all new cabling and antennas. The temporary facility must remain in service until tank maintenance is complete and new cabling and antennas are affixed back onto the tank (all cables and antennas removed from the tank would not be re-used, but replaced with new), since that existing equipment has served it’s useful life and is due for replacement. The temporary tower would then be dismantled and removed. Alternatives for temporary relocation considered by a manufacturer’s engineer (extremely tall monopole), or tank maintenance company (scaffolding) are excessively expensive (well into six figures), or patently high risk / unsafe for serious consideration.  Frequency of Tank Maintenance – Each time the tank requires major maintenance, the above temporary relocation steps must be repeated. The Dorset Street tank is scheduled for major maintenance in 2016, and again 10 years later in 2026, as stated earlier. Therefore the temporary relocation costs will be approximately doubled for work scheduled over the next ten- year timeframe, which is an undesirable economic approach.  Time Delays and Additional Cost for Repetitive Permitting – At each tank maintenance interval, the permitting process must be followed when the temporary relocation project is required, adding additional time constraints and costs to accommodate the work. Q: Have other locations on the CWD tank parcel on Dorset Street been considered for relocating the radio communications infrastructure?  Site limitations – Alternatively, a tower location northerly or northwesterly of the Dorset Street water tank has been considered, but the tank already dominates that corner of the CWD parcel. When a clear access space 20 feet in width around the circumference of the tank is imposed, very little space remains to squeeze in a tower and new utility building. Down sloping topography and lot setback requirements render this location unusable. Any alternative suggesting tower attachment to the tank or “stand-offs” welded to the tank are not acceptable given the minimum 20’ clear space requirement. Contract 101 – Public Safety Communications Tower Project Justification - March 31, 2015 4 The proposed location provides the best available remaining site for a stand-alone tower. Permanent separation of water storage tank operations and maintenance activities, and communication related activities is highly desirable. Following a line of site assessment to the many remote locations for robust communications links, the proposed location with a 180’ tower stands out as the optimal choice. Q: Why is the Tower 180 feet tall? Would a shorter tower suffice?  Line-of-site – The 135’ tall Dorset Street tank serves as a major obstruction for radio signals directed from all proposed tower locations to various sites in the city and about the county-wide water system, which are located over a 360 degree spectrum.  Tower / Antenna Design – All CWD and City-owned antennas on the proposed tower are designed at elevations greater than 140 feet high upon the 180’ tower, to transmit over the tank and/or to transmit to existing sites at specific elevations about the county, while also maintaining antenna-to-antenna required physical separation distances on the tower itself. Q: Can the tank maintenance be performed with the antennas remaining on the tank?  Cost and Quality of tank maintenance work – As stated by our tank maintenance consultant: “If equipment cannot come off the tank for the renovation as prescribed, it can create an unsafe working place for workers. It also significantly increases the cost of renovation due to the added liability for not damaging the equipment and the methods required for having to protect and work around the equipment. The equipment prohibits use of preferred, less expensive renovation methods and may impact the ability to provide the best quality of renovation.” The annual cost increase for maintenance with radio antennas and cabling left on the tank is estimated at $25,000 based on a proposal for a similar scenario in a local water system.  Continuity of Service – For safety reasons, scheduled radio service interruptions would be required as per the following recommendation from the tank maintenance consultant: “If equipment remains on the tank during renovation, it will be required the equipment be turned off at certain times while workers are working in front of the panels. This is to protect workers’ health and limit their exposure to microwave and radio wave radiation. Typically a schedule is established for certain quadrants to be turned off during specific working hours each day of renovation.” Contract 101 – Public Safety Communications Tower Project Justification - March 31, 2015 5 Mitigation / Improved Service and Reliability  Removal of Existing Infrastructure – The project includes removal of the “Isham” communications tower and cabling located south of the CWD property, and existing utility buildings, propane tank, and all cabling and antennas on the water storage tank. We are also proposing that the existing FAA required light atop the water tank be removed and relocated to the top of the new communications tower.  Landscaping – On the order of $15,000 in trees and vegetation will be planted about the CWD property to provide screening, reducing the visual impact of the tower structure, and to enhance overall site aesthetics.  Emergency Communications - Elevating several Police and Fire antennas may enhance portable radio communications in the northeast and southwest regions of the city, areas that were found to be deficient in the RCC study of 2002.  Emergency Backup Antenna Mount Location – If the water tank is damaged or compromised in such a way that radio equipment is rendered unusable, there is currently no accessible backup antenna location at the Dorset Street site. The proposed stand-alone tower can rely upon the tank as a temporary backup structure, should the tower ever be compromised, limiting the duration of loss of communications service. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer SUBJECT: #SP-15-25 & #DR-15-02 Charles DesLauriers 401 Dorset Street DATE: June 2, 2015 DRB Meeting. Staff has prepared a draft Findings of Fact & Decision for the application for your consideration. However, as always, this draft decision is just that and the Board should feel free to make any changes to the draft decision. #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DORSET HOTEL ASSOCIATES, LLC – 401 DORSET STREET SITE PLAN APPLICATION #SP-15-25 and DESIGN REVIEW APPLICATION #DR-15-02 FINDINGS OF FACT AND DECISION Site plan application #SP-15-25 & design review application #DR-15-02 of Charles DesLauriers to amend a previously approved plan for a 104 room extended stay hotel (Green Mountain Suites). The amendment consists of: 1) replacing existing landscaping along the front of the building with different landscaping, and 2) relocating & replacing fencing along north property boundary, 401 Dorset Street. The Development Review Board held a public hearing on June 2, 2015. Chuck Deslauriers represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking Site Plan and Design Review approval to amend a previously approved plan for a 104 room extended stay hotel (Green Mountain Suites). The amendment consists of: 1) replacing existing landscaping along the front of the building with different landscaping, and 2) relocating & replacing fencing along north property boundary, 401 Dorset Street. 2. The applications were received on April 29, 2015. 3. The owner of record of the subject property is Dorset Hotel Associates, LLC. 4. The subject property is located in the CD3 Zoning District. 5. The plan submitted is entitled, “Dorset Land Company Dorset Street South Burlington, Vt. Planting Plan” prepared by Trudell Consulting Engineers dated 2/4/97 and last revised on 04/27/15. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS: The proposed project will have no impact on building or lot coverages nor on setbacks. These requirements are still being met. Central District Requirements 8.01 General Purpose of the Central District #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 2 The Central District is hereby formed in order to encourage the location of a balanced and coordinated mixture of residential, commercial, public and private uses adjacent to Dorset Street that support the city center goals and objectives contained in the Comprehensive Plan. It is designed to promote efficient use of land by concentrating mixed uses within a well- defined Central District. This will provide a pedestrian-oriented circulation network that minimizes vehicular traffic. It also encourages the traditional town center pattern of appropriately scaled buildings facing onto a well-defined and active public street. Innovative site planning and master planning are encouraged to maximize uses, shared parking, public open space and pedestrian amenities which create an aesthetically pleasing and socially active community center on and around Dorset Street. To this end, all applications involving ten (10) or more acres of land in any Central District shall require a Master Plan approval pursuant to Article 15 of these Regulations. 8.02 Establishment of Sub-Districts The Central District is divided into four (4) sub-districts - Central District 1, Central District 2, Central District 3 and Central District 4. Permitted and Conditional Uses and dimensional standards vary by sub-district as established in Sections 8.06 through 8.10 of these Regulations. The subject lot is located within Central District 3. As such, standards are included below for requirements in all districts, as well as specifically for Central District 3. 8.04 Dimensional Requirements in All Districts A. – B. ………………….. Not applicable C. Special Standards for Setbacks (1) Side yard setbacks shall be a minimum of five (5) feet, or between zero (0) and five (5) feet if a fire wall is provided. (2) The front yard setback area along Dorset Street, Brookwood Drive and Sherry Road shall be restricted to the following uses or improvements: (a) landscaping and green space The proposed landscaping replaces existing shrubs and plantings within the front setback. The Board finds that this criterion continues to be met. (b) – (d) ……… Not applicable D., E., and F. Not applicable #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 3 11.01 City Center Design Review Overlay District CCDR C. City Center Design Review Overlay Districts and Purpose Statements. The CCDR Overlay District is divided into the following three (3) sub-zones as depicted on the South Burlington Overlay Districts Map: Design District 1, Design District 2, and Design District 3. A brief description of the location and proposed design character of each district is provided below: (1) Design District 1 - ……………… (2) Design District 2 - …………………… (3) Design District 3 - This area generally includes land located on the west side of Dorset Street and also on the far eastern section of Market Street. This area is planned to be a transitional area between the higher density, more intensely developed portions of City Center and adjoining residential neighborhoods. The design of buildings in this zone should be compatible with the adjoining residential character. Therefore, building materials should include wood/vinyl, as well as brick and stone, and consist predominantly of natural, subdued colors. Also, pitched roofs are highly recommended. The property is located in Design District 3. No changes to the buildings are proposed. D. Activities Subject to Design Review. (1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in any underlying district in the City Center Design Review Overlay District shall be subject to the standards and procedures in this Section. Except as hereinafter provided, no person shall do or cause to be done any of the following acts with respect to any building or property located within the CCDR Overlay District without first obtaining design plan approval from the Development Review Board: (a) …………(e) Not applicable (f) Construction, enlargement or alteration of any non-landscaped area on the property including, but not limited to, parking areas, access lanes, sidewalks, loading areas or storage areas, or, any removal or change to landscaping on the site. The applicant is proposing to replace existing shrubs and planting along the building facing Dorset Street. (g) ……………… Not applicable (2) ………..(4) Not applicable F. Criteria for Approval. Prior to granting design plan approval, the Development Review Board shall find that any development or activity specified in Section (D) above shall conform #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 4 substantially to the following design criteria: 11.02 Site Design for City Center Design Review District A. Landscape and plantings. Significant trees and vegetation should be preserved in its natural state insofar as practicable. Any grade changes should be in keeping with the general appearance of neighboring developed areas. Landscape plantings and amenities shall be well designed with appropriate variations and shall be included as an integral enhancement of the site and, where needed, for screening purposes. In particular, parking areas shall be well screened by berms, plantings, or other screening methods to minimize their visual impact. Planting islands shall be used to break up larger expanses of paved parking areas. The applicant is proposing to replace existing previously approved shrubs and plantings. The Board finds that this criterion will continue to be met. B. ………………….. Not applicable. C. Walls, fences or other screening features: Such elements, if used, shall be employed in a skillful manner and in harmony with the architectural context of the development. Such features should be used to enhance building appearance and to strengthen visual linkages between a building and its surroundings. The applicant is proposing to replace fencing along the boundary of Lot 2 and the abutters. The Board finds that this will help to maintain the identity of this commercial property versus those #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 5 of the abutting single family homes and maintain and strengthen the visual linkages between the building’s property and its surroundings. The Board finds that this criterion is met. D. -------- I. Not applicable. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The Board finds that the proposed landscaping and fence installation meets this criterion. (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 changes are proposed to parking. This criterion continues to be met. (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. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to the buildings are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No changes to services are proposed nor necessitated. #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 6 C. 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 changes to the buildings are proposed. The proposed landscaping and new fence will improve the transition between the property’s buildings. The Board finds that this criterion continues to be met. (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. No changes to the buildings are proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: A. 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. The Board finds that no reservation of land is required. B. Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The proposed project does not include any wire- served utility lines. C. All dumpsters and other facilities to handle solid waste, including compliance with any recycling 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). The plans show continued use of enclosed dumpsters. This criterion continues to be met. D. Landscaping and Screening Requirements Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show adequate snow storage areas for the subject property. #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 7 The applicant estimates the value of the plantings to be removed at $1,730 and the value of the new plantings to be $6,010. The City Arborist reviewed the application and indicated in an email to staff dated May 21, 0215 that the “Dorset Land Company plans are fine.” The Board finds this criterion to be met. DECISION Motion by _____________, seconded by _______________, to approve Site Plan Application #SP-15-25 and Design Review Application #DR-15-02 of Dorset Hotel Associates, LLC 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 plans and final plat plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. 4. Prior to zoning permit issuance for construction of the project, the applicant shall post a $6,010 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 5. Prior to issuance of a zoning permit for the project, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the project. 8. Any changes to the plans shall require approval of the South Burlington Development Review Board. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present #SP-15-25 and #DR-15-02 SP_15_25_and_DR_15_02_401_Dorset_Street_DorsetHotelAssociates_landscaping_and_fence_ffd.doc 8 Motion carried by a vote of____________. Signed this ____ day of __________________ 2015, by _____________________________________ Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer SUBJECT: #MS-15-02 Alan Marcelino 20 Palmer Court DATE: June 2, 2015 DRB Meeting. Continued miscellaneous application #MS-15-02 of Alan Marcelino to alter the existing grade by adding 100 +/- cubic yards of fill to repair bank washout and create berm at top of bank, 20 Palmer Court. The project requires a state wetland permit which has not yet been obtained. Staff requests that this application be continued to a future meeting to provide the applicant more time to secure this permit. DEVELOPMENT REVIEW BOARD 19 MAY 2015 The South Burlington Development Review Board held a regular meeting on Tuesday, 19 May 2015, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: T. Barritt, Chair; M. Behr, B. Miller, J. Smith, D. Parsons, B. Breslend ALSO PRESENT: R. Belair, Administrative Officer; T. DiPietro; E. Lyon, D. Conger, D. Lovering, R. Rabideau, R. Hamlin, D. Minett, S. Clark 1. Additions, deletions, or changes in order of agenda items: Mr. Belair advised that the applicant for Agenda item #7 had requested a continuance. 2. Comments & Questions from the public not related to the Agenda: Ms. Lyon said she has been hearing rumors that a very large business is going to locate on the large corner lot near her home. She indicated the location. Mr. Belair said there has been no application for a development on that corner. 3. Announcements: There were no announcements. 4. Continued Site Plan Application #SP-15-18 of Tom DiPietro, South Burlington Deputy Public Works Director, to amend a previously approved plan for a multi-unit residential complex known as Stonehedge. The amendment consists of: 1) the creation of a new treatment and detention pond, 2) improvement of swales and ditches, 3) replacement of undersized storm drains, 4) creation of three new bioretention areas, 5) wetland encroachments, and 6) adding four new catch basins, Stonehedge Drive: Mr. DiPietro noted that the project had required a state wetland permit for which they applied. After working with the State, the plan has been modified slightly. They now have the State permit. The approval motion should be updated to indicate this. The only change from the original plan occurs around the stormwater pond on the north end where they have pulled back slightly to save some trees. They will also do some mitigation by removing invasive species and planting native species . DEVELOPMENT REVIEW BOARD 19 MAY 2015 PAGE 2 Mr. DiPietro indicated that they have met with the homeowner association president who has signed off on the project. Some residents would like them to do more, but additional work is not part of this project. Mr. Barritt asked when the work will start. Mr. DiPietro said they will be starting in July but may not be finished before winter, so they may finish it next spring. No issues were raised. Mr. Miller moved to close #SP-15-18. Mr. Parsons seconded. Motion passed unanimously. 5. Continued Sketch Plan Review Application #SD-14-37 of Snyder Homes for a Planned Unit Development on 26.15 acres developed with two single family dwellings. The project consists of: 1) razing one single family dwelling, 2) constructing 26 single family dwellings, 3) constructing seven 3-unit multi-family dwellings, and 4) constructing three 2-family dwellings, 1302, 1340 and 1350 Spear Street: Mr. Belair advised that the applicant has asked for a continuance until 16 June. Mr. Miller moved to continue #SD-14-37 to 16 June 2015. Ms. Smith seconded. Motion passed unanimously. 6. Site Plan Application #SP-15-17 of Neagley & Chase Construction, Inc., to amend a previously approved plan for 24,000 sq. ft. light manufacturing facility. The amendment consists of constructing a 7,900 sq. ft. addition, 3 Green Tree Drive: Mr. Breslend recused himself due to a potential conflict of interest. Mr. Conger said they are proposing to put an addition on the rear of the existing building. This will increase the total square footage to 31,900 sq. ft. There had been a permit for this work, but it has expired. DEVELOPMENT REVIEW BOARD 19 MAY 2015 PAGE 3 Mr. Conger said there will be no impact to the site as parking was originally put in to accommodate this addition. The proposed addition will have metal siding and metal roof. There will be additional landscaping to the rear and toward the Police Station side of the building. They are willing to change the species to comply with the City Arborist’s request. There will be a 3rd loading dock added to the back. The pavement for this already exists. The stormwater permit for all of the Green Tree Drive development has expired and is now being worked on. This will require the applicant to go through the amendment process eventually. Mr. Conger did not anticipate any changes being required. They are requesting a parking waiver. There are rarely visitors to the business and they already have extra spaces. They will be adding 2 spaces on the existing pavement. Members were OK with the parking waiver. Mr. Behr noted there is plenty of room to add more parking if it is ever needed. Material that is currently being stored outside will now be brought inside. Ms. Lovering asked if the building addition will be the same height as the existing building. Mr. Conger said it will. Ms. Lovering asked about additional noise. Mr. Conger said the operation will be the same as today, possibly a potential for less noise. Ms. Lyons asked if there is any consideration for neighbors with a commercial operation coming closer to the residential area. Mr. Barritt said the regulations cover this. Mr. Belair said there is a 65 foot setback for the building and a 15 foot setback for parking which must be planted with evergreens. Mr. Barritt noted that new plantings will be put in between the new addition and the residential area. Mr. Miller then moved to close #SP-15-17. Mr. Parsons seconded. Motion passed unanimously. Mr. Breslend rejoined the Board. DEVELOPMENT REVIEW BOARD 19 MAY 2015 PAGE 4 7. Miscellaneous Application #MS-15-02 of Alan Marcelino to alter the existing grade by adding 100 +/- cubic yards of fill to repair bank washout and create berm at top of bank, 20 Palmer Court: Mr. Belair advised that the applicant had requested a continuance. Mr. Miller moved to continue #MS-15-02 to 2 June 2015. Mr. Behr seconded. Motion passed unanimously. 8. Miscellaneous Application #MS-15-03 of Trinity Construction, Inc., to: 1) alter existing grade by adding +/- 40 cubic yards of stone to reinforce lakeshore, and 2) reconstruct stairway, 3 Austin Road: Mr. Rabideau explained they are helping to shore up the existing shoreline and will also be replacing a dilapidated stairway. They will also add some plantings. Mr. Hamlin showed the projected boundary lines. Materials will be the same size and color of existing rock on the neighboring property. He showed where the stone will be placed and also showed the location of the old steps and the new steps. Mr. Barritt noted receipt of a letter from Alaina Fernandez, owner of the property, who expressed concern with having to add more landscaping than is shown on the plan. Mr. Barritt noted that staff is encouraging additional groundcover. Mr. Hamlin showed where the proposed plants would go. He said that some trees were recently planted. He also showed a photo of the site indicating those trees. Mr. Barritt felt additional vegetation would be helpful. Other members agreed and didn’t feel there had to be extensive planting. Mr. Hamlin noted the driveway is pervious. He suggested an area where a few new plants could go. Mr. Rabideau said they would be willing to put in 4 new plantings. He indicated where they would go. Ms. Smith said she was OK with not having plants on the side of the wall. She would prefer them within the rock area to protect that area from erosion. DEVELOPMENT REVIEW BOARD 19 MAY 2015 PAGE 5 Members were OK with 4 more plants of the same species in the rock area. No other issues were raised. Mr. Miller moved to close MS-15-03. Ms. Smith seconded. Motion passed unanimously. 9. Continued final Plat Application #SD-15-11 of JJJ South Burlington, LLC, to amend a previously approved 258 unit planned unit development in two phases. The amendment is to Phase II (Cider Mill II) of the project and consists of: 1) shifting Russett Road & Puritan Street to minimize wetland intrusions, 2) revising the storm drains so as to connect all footing drains directly into the stormwater system, and 3) residential design review for the single family dwelling on lots #1-#66, 1580 Dorset Street: Mr. Belair advised that the applicant had asked for a continuance. Mr. Miller moved to continue #SD-15-11 to 16 June 2015. Mr. Behr seconded. Motion passed unanimously. 10. Minutes of 5 May 2015: Mr. Miller moved to approve the Minutes of 5 May 2015 as written. Ms. Smith seconded. Motion passed unanimously. 11. Other Business: There was no other business. As there was no further business to come before the Board, the meeting was adjourned by common consent at 7:56 p.m. __________________________________ Clerk _______________________________ Date DEVELOPMENT REVIEW BOARD 27 MAY 2015 The South Burlington Development Review Board held a special meeting on Wednesday, 27 May 2015, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: T. Barritt, Chair; M. Behr (via phone), B. Miller, J. Smith (by phone), D. Parsons, J. Wilking, B. Breslend ALSO PRESENT: R. Belair, Administrative Officer; J. Barlow, City Attorney; P. Conner, Director of Planning & Zoning; C. Roy, L. Murphy 1. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements: There were no announcements. 4. Consider Motion from Halvorsen to Reconsider Final Plat Decision #SD-15-02 dated May 6, 2015: Mr. Murphy, representing the applicant, said they would like the DRB to vote today to reopen the application. He said it wasn’t clear that the DRB had in mind the preliminary plat approval when they made their decision. He added that when the preliminary plat was approved in December, most of the project was “already approved.” Mr. Murphy said most of the issue centered on the pergola, the feeling being that it wasn’t “a building” and thus didn’t comply with the regulations. Mr. Murphy said that in the preliminary plat hearing, it was considered a building and did meet the regulations. Mr. Murphy felt that reopening the hearing would allow for discussion of some of the issues and the differences between preliminary and final plat. Mr. Barritt cautioned that Board not to raise any specific issues about the project. DEVELOPMENT REVIEW BOARD SPECIAL MEETING OF 27 MAY 2015 PAGE 2 Mr. Wilking stated that for him, the pergola was only one of many issues. Mr. Murphy said that in the preliminary plat the Interstate setback that was approved was not changed in the final plat. The only setback changes related to the pergola. Mr. Murphy added that the pergola is generated from the city’s ordinance. Mr. Murphy thanked the Board for meeting on an extra day and said he and the applicant would be willing to come to a hearing and respond to issues. As there was no further business to come before the Board, the meeting was adjourned by common consent at 5:10 p.m. ___________________________________ Clerk ___________________________________ Date