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HomeMy WebLinkAboutMP-24-02 - Decision - 0154 da Vinci Drive#MP-24-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BURLINGTON SCHOOL DISTRICT 154 DAVINCI DRIVE MASTER PLAN #MP-24-02 FINDINGS OF FACT AND DECISION Master plan application #MP-24-02 of Burlington School District to amend a previously approved master plan for a 344,000 sf manufacturing and office building, a 37,800 sf office and retail building, a 15,600 sf commercial building, and a 85,000 sf flight instruction and airport use building on 40.43 acres. The amendment consists of modifying the access and circulation to an adjacent existing hangar, 154 Davinci Drive. The Development Review Board held a public hearing on June 18, 2024. The applicant was represented by Adam Frosino, Larry Lackey, Jaquie Dagesse, Marty Spalding, and Alex Gagnon. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Burlington School District, hereinafter referred to as the applicant, seeks approval to amend a previously approved master plan for a 344,000 sf manufacturing and office building, a 37,800 sf office and retail building, a 15,600 sf commercial building, and a 85,000 sf flight instruction and airport use building on 40.43 acres. The amendment consists of modifying the access and circulation to an adjacent existing hangar, 154 Davinci Drive. 2. The owners of record of the subject property are City of Burlington, Burlington International Airport. 3. The application was received on May 1, 2024. 4. As a minor amendment, no sketch plan was required 5. The submitted materials consist of the following plans and supplemental information: Description Sheet No. Prepared By Last Revised Date Overall sketch Plan SL-01 McFarland Johnson 4/10/2024 Site Plan SP-01 McFarland Johnson 4/10/2024 Existing Conditions & Demo Plans EX-01 McFarland Johnson 4/10/2024 Bldg Plan SP-02 McFarland Johnson 3/1/2024 Grading & Drainage GR-01 McFarland Johnson 4/10/2024 Profiles PR-01 McFarland Johnson 3/1/2024 Utility Plans UT-01 McFarland Johnson 3/1/2024 Erosion Prevention & Sedimentation Control EPSC-01 McFarland Johnson 3/1/2024 Existing Lighting and Landscaping LL-01 McFarland Johnson 3/1/2024 Lighting & Landscaping Plan LL-02 McFarland Johnson 3/1/2024 Detail Plans MD-01 – MD-05 McFarland Johnson 3/1/2024 Master Plan Limits MP-01 McFarland Johnson 4/10/2024 Code Plans G200 McFarland Johnson 3/1/2024 #MP-24-02 2 Temp Access Road Exhibit C-202A Stantec 5/26/2022 Overall Landscape Plan (A-Build) L-000A Stantec 11/14/2023 Landscape Plan (A-Build) L-200A Stantec 11/14/2023 Landscape Plan (A-Build) L-201A Stantec 11/14/2023 6. Many of the submitted plans are more relevant to, and duplicated in, the concurrent site plan application SP-24-20. Plans the DRB approves as part of this master plan application are marked in bold italics. 7. In April 2022, the applicant obtained master plan approval #MP-21-02A for a four phase development consisting of approximately 517,000 sf of commercial space in four buildings. This application proposes to modify the access and circulation in the northwest corner of that approved master plan area in order to serve a modified use in an existing building. The modified use, and the site improvements associated with that modified use, is being reviewed concurrently as site plan application #SP-24-20. Consequently, this report reflects only the standards of LDR Article 15.B pertaining to master plans. 8. This decision also includes findings pertaining to the Board’s approval of site plan #SP-24- 02 for a tree replacement plan for improperly removed trees. That approval included some minor modifications to the approved project phasing. Phasing is an element of master plan approval and therefore the Board has included those updates herein as a “clean up” element. LEVEL OF REVIEW 15.B.06E(1) Minor Amendment. An approved Master Plan may be amended concurrently with the application for preliminary or final subdivision or site plan review, without sketch plan review, if the proposed amendment represents a material change that does not deviate significantly from the Master Plan as approved, including the approved development plan and phasing schedule, and does not alter the overall buildout budget. This may include the reallocation of budgeted development parameters between development phases. The Board finds the proposed amendment, to modify allowed uses within the Master Plan, to qualify as a minor amendment. 15.B.04 MASTER PLAN COMPONENTS A. Submission Requirements. In addition to submission requirements under Appendix E, a Master Plan submitted for review under this Article must include each of the following listed components and information, to be presented in narrative, graphic, and tabular form, unless waived by the DRB as not applicable to a particular subdivision or development. A Master Plan includes several categories of submission requirements that are used in the application of standards of review. These include: B. Project Description. A map, narrative, and accompanying table(s) C. Context Report. A map and accompanying narrative that describe the area proposed for subdivision, development, or redevelopment, in relation to the existing and planned pattern and #MP-24-02 3 type of development in surrounding neighborhood, and to existing and planned City facilities, services, and infrastructure in the vicinity of the project D. Existing Conditions Report. A Site Conditions Map for the entire tract and accompanying narrative, that depict and describe existing [conditions]: E. Development Plan. One or more maps and an accompanying narrative that depict and describe the overall pattern, type, and density of development proposed for the entire project, and for each phase of development F. Summary Statistics. The following project statistics or metrics, presented in an easy to reference tabular format, must be provided for the entire tract or project area, and for each phase of development, unless waived by the DRB as not relevant or applicable to a particular project [see LDR 15.B.04F] G. Buildout Analysis and Budget. Based on the statistics provided under (F) above, the applicant must also provide an analysis for each of the following based on total forecasted demand at buildout, and as allocated for each phase of development, for use in determining the project’s total “Buildout Budget”: [See LDR 15.B.04G] H. Design Standards. The application must include proposed standards, specifications, illustrations, best management practices, or other forms of guidance for the following, consistent with City regulations in effect at the time of Master Plan approval, as applicable to all subsequent development under the Master Plan I. Phasing Plan. The application must include a narrative or table and map that clearly identify, describe and depict each phase of development, including properties included, designated development areas by use type, major streets, supporting infrastructure and facility improvements, civic spaces, and other public amenities to be provided prior to or in association with each phase; and a schedule for the timing and sequence of development over the period covered by the Master Plan, consistent with the City’s adopted Capital Improvement Program and Official Map. J. Management Plan. A narrative description of the proposed management structure responsible for project development, to include all principals or entities with direct control over and responsibility for the financing, permitting, construction, and completion of development under the Master Plan; and, following project completion, for long-term ownership, management, operation, and maintenance of capital and community assets. The applicant has provided a very brief response to these application requirements in their cover memorandum. The purpose of these application requirements is to establish the framework for review of the master plan and subsequent applications under the master plan. In this instance, given the nature of the amendment to change the configuration of a parking area within the existing approved Master Plan, the Board accepts the responses to the above submission requirements of 15.A.04B as sufficient. 15.B.05 REVIEW STANDARDS (A) Findings. For Master Plan approval, the DRB must find that: (1) The Master Plan includes all the components required under 15.B.04 above, in sufficient detail to provide the framework and standards for future development under the plan, unless specifically waived by the DRB as not applicable to the proposed subdivision or development; The framework and standards for the master plan were established in MP-21-02A. #MP-24-02 4 (2) The overall type, pattern, and density of development, and allocation of land uses, are consistent with these Regulations and other City regulations in effect at the time of application, including relevant subdivision, zoning district or planned unit development standards; The Board finds the proposed amendment to be consistent with the approved overall type, patterns, and density of development. The change is to access and circulation to support an adjacent property change in use is from general aviation hangar to aircraft related instruction. No changes to access points onto a public, or future public, street are proposed. (3) The proposed Development Plan demonstrates the efficient, coordinated, and integrated development and use of land which: (a) Considers existing topography and physical site constraints; (b) Avoids or minimizes and mitigates the impacts of future development on environmental resources identified for protection, as enumerated in Article 12, and as incorporated into the overall design; (c) Defines an overall pattern of development, including proposed streets and blocks, that is consistent with the zoning district or proposed type of planned unit development; (d) Maintains street, pedestrian, and transit connectivity, and contiguous or accessible open space with the adjoining neighborhood, and within and between each phase of development; (e) Avoids, or minimizes and mitigates the adverse impacts of development on adjacent properties and uses, through the designation of transition areas or buffer areas along the project perimeter; and (f) Includes adequate standards specific to each type and phase of development, to include guidance for the functional and aesthetic integration of development with the surrounding neighborhood, and provisions for buffering or screening incompatible land uses. To the extent the proposed modification within the master plan area affects compliance with these criteria, the Board finds these criteria to be met. Specific findings pertaining to required buffering and screening are provided in association with concurrent site plan application #SP- 24-20. (4) The Buildout Budget sets reasonable development parameters for the entire project, and as allocated for each phase of development, for reference in subsequent regulatory reviews, as necessary to identify and limit the cumulative and overall impacts of project development on City infrastructure, facilities and services. Buildout budget includes the following elements. • Land use and building acreage • Development density • Affordable housing units • Civic space area • Peak hour trip generation • Water supply and wastewater demand • Total impervious surface This project affects peak hour trip generation, water supply and wastewater demand, and total impervious. The master plan approved 538 PM peak hour vehicle trip ends, representing 513 trips the applicant calculated for their previously approved development program plus a small cushion. No water and wastewater demands were allocated in association with the master plan. Instead the respective authorities reserved approval for flows beyond the first phase until such time as site plan approval for future phases was sought. The master plan approved 50% total #MP-24-02 5 impervious coverage, representing 48% coverage calculated for the approved development program plus a small cushion. The applicant calculates the proposed project will generate 33 PM peak hour trips. The previously approved phases of the master plan generated 226 trips, bringing the total trip generation to 259 trips. The applicant has indicated this project increases total impervious surface from 35% to 35.2%. The Board finds the changes to be within the approved buildout budget. (5) Proposed design standards and related guidance are sufficiently detailed to prescribe and direct coordinated development, consistent with the Master Plan and regulations in effect at the time of master plan approval, for the duration of the plan. The design standards approved in MP-21-02A are generally complied with to the extent they are applicable to the proposed modification. (6) The Phasing Plan and Schedule: (a) are consistent with the City’s adopted Capital Improvement Program; (b) ensure that all phases of development will occur in an orderly fashion; and that (c) infrastructure and facility improvements necessary to support each phase of development will be provided concurrently with such development, as may be further ensured through subsequent or separate regulatory review processes and development agreements. The initial master plan approval did not contemplate the proposed project in the approved phasing plan. The Board finds the proposed amendment not to have an impact on the phasing plan or schedule. As alluded to above, site plan approval #SP-24-02 consisting of a tree replacement plan for improperly removed trees included some minor modifications to the approved phasing plan. Specifically, the plans for #SP-24-02 included a temporary construction access road for the purpose of accessing the airfield for construction of the expanded “South Apron,” approved by the Board in site plan approval #SP-22-055. It also included retention of the existing “commercial building” near the site driveway. That approval did not specify the timeline for these elements to be permitted to exist, though they are clearly in conflict with the approved master plan, as shown in the overlay plan the applicant has provided showing the construction access road and the approved master plan. Master plan approval MP-21-02A included the following discussion of phasing. The applicant has provided a map that shows the geographic limit of each phase. The Board finds that all elements within a geographic limit are to be included in that phase. In terms of timing, the applicant has indicated they plan to construct the phases at the following times. Blue/orange phase – 2021 to 2023 for the rear of the building, 2024 – 2025 for the front of the building and open space areas. It should be noted that the applicant has only obtained a zoning permit for the blue phase at this time. The current LDR would not allow the blue phase to be constructed without the orange phase because it does not include the required civic spaces. Purple phase – 2021 – 2023 for the hangar, 2023 – 2025 for the cultural/training center #MP-24-02 6 Green phase – 2024 – 2025. Since this phase is proposed to include childcare predominantly benefitting Beta employees, Staff anticipates construction of this phase will be realistically tied to construction of the above-mentioned phases. Red phase – 2030 – 2031. The applicant has developed very little detail about this phase other than to say it will replace the existing building at 3060 Williston Road. The phasing plan must also identify “Any temporary or interim structures or uses (e.g., buildings, parking, construction, or staging areas) intended for conversion or redevelopment in a subsequent phase.” Since the construction access road and existing commercial building conflict with the approved site amenities, the Board finds the approved phasing to be modified to require the removal of those elements as part of the orange phase, consisting of the second half of the manufacturing building. (7) The Management Plan: (a) defines a management structure for the duration of the Master Plan that supports long-term project viability through project buildout; (b) identifies those principals or entities responsible for securing necessary municipal permits and approvals for development under the Master Plan; and (c) clearly identifies proposed ownership and responsibilities for the long-term management, maintenance and operation of capital and community assets, including any proposed dedications of land, facilities and infrastructure to the City. The master plan approved the airport to be responsible for management of the infrastructure and site improvements, with Beta being responsible for management of the buildings within the master plan area. The Board finds this application consistent with the master plan approval. 15.B.06 MASTER PLAN APPROVAL, EFFECT, DURATION, AMENDMENT (B) Subsequent Regulatory Review. In its approval of a Master Plan, the DRB shall specify the level of review and review processes required for subsequent applications filed under the Master Plan, provided such procedure is consistent with the intent of these Regulations and the following: (1) Sketch plan review is not required for any application for preliminary subdivision or site plan review that complies with the approved Master Plan, and associated conditions of approval. (2) The DRB may waive preliminary subdivision or site plan review for specified phases or portions of a project. (3) The DRB may in its decision specify allowed modifications or changes under the Master Plan which require only administrative review and approval by the Administrative Officer. MP-21-02A established levels of review for subsequent applications filed under the Master Plan. These remain in effect. There are no specific waivers affecting this application. (C) Effect. Once a Master Plan has been approved, all subsequent land subdivision and development must conform to the Master Plan as approved. (1) The Development Review Board in issuing a decision shall make specific findings as to which components of the Master Plan are vested, based on the type, level, and detail of information provided in the Master Plan, and the amount of time the plan is intended to remain in effect. The Board may approve components or elements of the Master Plan as applicable to #MP-24-02 7 all subsequent applications; or determine those components or elements of the Master Plan that are vested, or not vested, for the duration of the plan. Vested elements of MP-21-02A included street layout, max peak hour trip generation, and recreation path, sidewalk and transit route layout. The proposed modifications were not included in the originally vested elements. (2) Master Plan approval is binding upon the applicant, the owner(s), their agents, and successors in interest. (3) Once the Master Plan is approved, the applicant may apply for other permits and approvals referenced in the conditions of Master Plan approval, as required prior to the start of construction. (4) Unless the applicant fails to comply with the conditions of Master Plan approval and these Regulations, the Master Plan as approved shall not be modified, revoked, or otherwise impaired by any action of the City without the consent of the applicant. For purposes of subsequent regulatory reviews under the Master Plan, for the duration of the plan the regulations in effect at the time of Master Plan approval shall apply to vested elements under Subsection(C)(1). For vested elements, Regulations enacted following master plan approval shall apply only as necessary to address public health and safety or, at the request of the applicant, to incorporate types or forms of development allowed under more recently adopted regulations, in conjunction with an application to amend the Master Plan. Approved master plan #MP-21-02A remains in effect. The Board finds the conditions of this approval to be incorporated into the approved master plan. (D) Duration. The duration of the Master Plan, as specified in the conditions of DRB approval, shall be determined by the DRB in consultation with the Planning Director and City Engineer. (1) The Master Plan should be approved for a specified period of time, not to exceed six (6) years, for which the impacts of proposed development can clearly be ascertained from the quality and detail of the information provided; which allows sufficient time for project planning, financing, permitting, and development, including required regulatory reviews; and which accommodates full project buildout in relation to the timing of planned infrastructure and facility improvements. (2) The Master Plan shall remain in effect as approved until the development allowed by the plan has been completed, the plan expires, or the plan is amended or superseded. (3) Applicant shall submit a complete preliminary or final subdivision or site plan application (as applicable) for at least one phase of the project within two (2) years of the date of Master Plan approval. Concurrent review with Master Plan shall be deemed to have satisfied this requirement. Failure to submit a complete application within two (2) years of the date of approval shall result in expiration of the Master Plan. (4) The duration of an approved Master Plan may be extended by the DRB for, for cause, if the request and reasons for the extension are submitted in writing prior to the Master Plan expiration date; however, in no event shall the duration of an approved Master Plan exceed ten (10) years in total, to include all authorized extensions or amendments. (5) An expired Master Plan may be extended, renewed, or amended only on submission as a new Master Plan, subject to full DRB review under 15.B.03 and the Land Development Regulations in effect at the time of application. #MP-24-02 8 (6) A complete application for a Master Plan may be submitted at any time subject to the rules in effect at the time of submission. (7) Pursuant to 24 V.S.A. 4463, any site plan or subdivision plat, and associated conditions of site plan, subdivision, or Planned Unit Development approval that are recorded in city land records under an approved Master Plan, shall remain in effect as recorded following Master Plan expiration. No changes to the timeline of MP-21-02A result from this proposed modification. DECISION Motion by Frank Kochman, seconded by Charles Johnston, to approve master plan application #MP-23- 01 subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must 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 previously approved phasing is modified so that the approved construction access road and existing commercial building shown on plan sheet L-201A are required to be removed as part of the orange phase. 4. Any changes to subsequent applications that deviate from this master plan in a manner described in Section 15.B.06(E)(2) shall also require amending the master plan. 5. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer as allowable in the Land Development Regulations. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Moscatelli Yea Nay Abstain Not Present Charles Johnston Yea Nay Abstain Not Present Motion carried by a vote of 4 - 0 - 0_. Signed this ____ day of July, 2024, by _____________________________________ Dawn Philibert, Chair #MP-24-02 9 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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- 951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.