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HomeMy WebLinkAboutSD-08-21 SD-08-22 - Decision - 0055 Community Drive#SD-08-21 #SD-08-22 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TECHNOLOGY PARK ASSOCIATES/VERIZON - 55 COMMUNITY DRIVE PRELIMINARY PLAT APPLICATION #SD-08-21 FINAL PLAT APPLICATION #SD-08-22 FINDINGS OF FACT AND DECISION Verizon New England, hereafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development consisting of installing two (2) utility cabinets on concrete pads, 75 Community Drive The Development Review Board held a public hearing on Tuesday, May 6, 2008. Karen Farnham 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 The applicant is seeking preliminary and final plat approval for a planned unit development consisting of installing two (2) utility cabinets on concrete pads, 75 Community Drive 2. The owner of record of the subject property is Technology Park Associates, et. al. 3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Easement Plat Technology Park 30 Community Drive So. Burlington, VT.", prepared by Trudell Consulting Engineers, dated 10/3/07. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the proposed Land Development Reaulations. PUDs shall comply with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. This criterion is not applicable to the proposed project. (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or - 1 - #SD-08-21 #SD-08-22 dangerous conditions on the subject property and adjacent properties. 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed cabinets will not create additional traffic, so this criterion is not applicable to the proposed project. (d) 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 do not appear to be any wetlands on the subject property. (e) The project is designed to be visually compatible with the planned development patterns in the area, as specked in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. There are two proposed additions. A 12 square foot metal cabinet is proposed to be mounted on a 48 square foot concrete pad and a 37 square foot metal cabinet is proposed to be mounted on a 144 square foot concrete pad. This is a commercial/industrial zone and so the cabinets are cabinets with surrounding development. (f) 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 to the proposed project. (g) 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. This criterion is not applicable to the proposed project. (h) 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. Newly installed utility lines, services and service modifications shall be underground. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. -2- #SD-08-21 #SD-08-22 It has already been noted that newly installed utility lines, services and service modifications shall be underground. Waivers The proposed structure is 8' from the edge of the right-of-way. The applicant is requesting a 22' setback waiver from the standard 30' front yard setback required in the Zoning District. The Development Review Board may grant this setback waiver pursuant to Section 15.02(A) of the Land Development Regulations. There are no major problems with this setback waiver. There are no issues with this waiver as there currently exists 15 feet of grassed area between the pavement edge and the edge of the right-of-way. The Development Review Board grants a setback waiver of 22 feet. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 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. This criterion is being met through the proposed project. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This criterion is not applicable to the proposed project. (c) 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. This criterion is not applicable to the proposed project. (co Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. It has already been noted that newly installed utility lines, services and service modifications shall be underground. (e) 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. -3- #SD-08-21 #SD-08-22 This criterion is not applicable to the proposed project. (fl 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 is part of a commercial and industrial complex. The proposed cabinets relate harmoniously to the existing buildings. 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. This criterion is not applicable to the proposed project. (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. It has already been noted that newly installed utility lines, services and service modifications shall be underground. (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). This criterion is not applicable to the proposed project. (d) Landscaping Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and/or planned unit development review. The applicant has proposed additional landscaping on the property. Four 6' — 8' White Pine trees and two 6' — 8' White Birch trees are proposed around the utility cabinets. The City Arborist has reviewed the plan and stated he has no concerns or comments. Pursuant to Section 13.18(B) of the Land Development Regulations, any utility cabinet or similar structure shall comply with the following review standards: -4- I #SD-08-21 #SD-08-22 (a) The facility shall serve the City of South Burlington and/or immediately adjacent communities. The proposed facility will serve the City of South Burlington. (b) 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 applicant is not requesting a reduction in the allowable minimum lot size for this project. (c) 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 area surrounding the proposed utility cabinets is an easement. The land fronts on a public street. (d) There shall be suitable fencing to protect the public and sufficient landscaping with evergreens of sufficient height and density to screen effectively the facility from surrounding property. The applicant has proposed $2500 in landscaping on the property. Four 6' — 8' White Pine trees and two 6' — 8' White Birch trees are proposed around the utility cabinets. The City Arborist has reviewed the plan and stated he finds them acceptable. (e) There shall be adequate off-street parking for maintenance, service, or other vehicles. The applicant should submit information addressing parking for access to the proposed structure. This should contain space enough for at least one vehicle. (0 The location of the facility shall be shown on all relevant site plans. The plans submitted are sufficient. (g) The Development Review Board may require setbacks or attach other conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Setbacks were discussed above under Planned Unit Development review. (h) 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. -5- #SD-08-21 #SD-08-22 The proposed facility will not be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration. DECISION Motion by G IRV LIE Qq I eta ( , seconded by bGG Fv� C V to approve Prelimi ary Plat Applicati n #SD-08-21 & Final Plat Application #SD 08-22 of Verizon New England, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. The project shall be completed as shown on the plat 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. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plan. a. The plan shall be revised to show parking access for the cabinets that shall contain enough space for one (1) vehicle. 4. 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 5. Newly installed utility lines, services and service modifications shall be underground. 6. For the purposes of this Decision, such structures shall be treated as Accessory Structures under the South Burlington Land Development Regulations, even if the lot upon which the structure or structures is located will not have a principal structure located on the lot when the zoning permit is issued. 7. The Development Review Board grants a setback waiver of 22 feet, and a waiver to allow the cabinets (accessory structures) to be located in the front yard. 8. Prior to permit issuance, the applicant shall post a landscaping bond in the amount of $2500. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root with a good chance of survival. 9. The applicant shall record the mylar prior to permit issuance. 10. Pursuant to Section 17.04 of the Land Development Regulations, a zoning permit must be obtained within six (6) months or this approval is null and void. l #SD-08-21 #SD-08-22 11. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 12. The final plat plan (sheet 3 of 4 ) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Mark Behr — nay/abstain/not present Matthew Birminham -nay/abstain/not present John Dinklage$-enay/abstain/not present Roger Farley -ay/abstain/not present Eric Knudsen -ay/abstain/not resent Peter Plumeau - /nay/abstain of presen Gayle Quimbyjreynay/abstain/not present Motion carried by a vote of �%- 0- b Signed this 4 day of � 2008, by 61 John inkiage, Chai 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). -7-