HomeMy WebLinkAboutSD-07-45 - Decision - 0055 Community DriveI
#SD-07-45
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK PARTNERS - FINAL PLAT APPLICATION #SD-
07-45
55 COMMUNITY DRIVE
FINDINGS OF FACT AND DECISION
Technology Park Partners, hereafter referred to as the applicant, is seeking final plat
approval for a planned unit development to amend an existing 72,000 sq. ft. general
office building. The amendment consists of: 1) installing three (3) utility cabinets in the
front yard, 2) adding a nitrogen tank, and 3) miscellaneous site modifications, 55
Community Drive. The Development Review Board held a public hearing on Tuesday,
August 21, 2007, September 8, 2007, October 16, 2007 and November 20, 2007.
Jeremy Matosky 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 final plat approval for a planned unit development to
amend an existing 72,000 sq. ft. general office building. The amendment consists
of: 1) installing three (3) utility cabinets in the front yard, 2) adding a nitrogen
tank, and 3) miscellaneous site modifications, 55 Community Drive.
2. The owner of record of the subject property is Technology Park Associates, Inc.,
et al.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The plans submitted consist of an eight (8) page set of plans, page one (1)
entitled, "Subdivision Plat Technology Park 115 Kimball Avenue South
Burlington, Vermont", prepared by Trudell Consulting Engineers, dated 2/1/96,
last revised on 7/31/06.
Utility Cabinets
The applicant has already installed three utility cabinets in the front yard setback along
Community Drive. The cabinets are located as close as two feet from the street right-of-
way.
The applicant is requesting approval to locate the cabinets within the front yard setback.
The South Burlington Land Development Regulations state that no accessory structure
may be located in the front yard. The applicant is requesting a waiver from this regulation.
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The applicant is also requesting a front yard setback waiver of 51 feet, to allow the structure
to be located five feet from the edge of the City Right -of -Way. The front setback is 56 feet
due to the height waiver requirement that for each foot of additional height, the front
setback is increased by that same amount. In accordance with the South Burlington Land
Development Regulations (SBLDR), the Board may grant a waiver such that no structure is
closer than five feet from any property line. The Board notes that the transformers have
already been installed and that this application has been submitted after the fact. At this
point, the structure is currently located as close as two feet from the right of way.
Furthermore, as the Land Development Regulations require that no structure be located
any closer than 5 feet, the applicant has requested that the South Burlington City Council
allow a re -alignment of the right of way through a land swap. This would move the right of
way westerly and the structures would then meet or be located beyond the five foot
minimum. The City Council heard the request at their meeting on Monday, August 20,
2007. The City Council has agreed to move the City right-of-way. The right-of-way was
moved on 11/20/07.
Nitrogen tank
There is no problem with this request.
Miscellaneous Modifications
The applicant has submitted a list of requested changes.
The Board finds no issues with the requests. The Board notes the request to add a bike
rack to the service area. The other bike rack is located in the front of the building at an
appropriate location and should remain there.
DECISION
Motion by Peter Plumeau, seconded by Roger Farley, to approve Final Plat Application
#SD-07-45 of Technology Park Partners, 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 plat submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. The final plat 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.
a. The landscaping plans shall be revised to show all site modifications on
sheet SP1.
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b. Sheet D9 shall be revised to modify the "Typical Elecrical Vault Planting"
detail to remove the two (2) crabapple trees & maple tree.
4. The Board grants approval for the location of three (3) accessory structures (utility
cabinets) in the front yard.
5. The Development Review Board grants a front yard setback waiver of 51 feet for
the three (3) utility cabinets and associated concrete pads. The structures shall in
no case be located closer than five feet from the Community Drive right-of-way.
6. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7. The final plat plan (sheet SP1) 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 — ye nay/abstain/not present
Matthew Birmingham —yea/nay/ab i not present
John Dinklage — a/nay/abstai not presen
Roger Farley — e nay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — e nay/abstain/not present
Gayle Quimby — yea/nay/abstain/ of present
Motion carried by a vote of
Signed this fl° da of 1JOV�G1�I bfdrL— 2007, by
Mark Behr, Vice Chairman
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).
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