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HomeMy WebLinkAboutSP-24-35 - Decision - 1200 Airport Drive 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF BURLINGTON & BURLINGTON INTERNATIONAL AIRPORT – 1200 AIRPORT DRIVE SITE PLAN APPLICATION #SP-24-35 FINDINGS OF FACT AND DECISION The City of Burlington and the Patrick Leahy Burlington International Airport, hereinafter collectively referred to as the applicant, are seeking to amend a previously approved plan for an airport complex. The amendment consists of the removal and replacement of contaminated soils, the installation of geothermal wells, and modifications to the existing fencing and property accesses, 1200 Airport Drive. Based on the plans and supporting materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a previously approved plan for an airport complex. The amendment consists of the removal and replacement of contaminated soils, the installation of geothermal wells, and modifications to the existing fencing and property accesses, 1200 Airport Drive. 2. The owner of record of the subject property is the City of Burlington. 3. The subject property is located in the Airport Zoning District. 4. The application was received on August 23, 2024. The City Council published notice of a public hearing on draft amendments to the land development regulations on August 22, 2024. Pursuant to 24 VSA 4449(d), any new application filed after the date of the notice shall be reviewed under the proposed amendment and applicable existing bylaws and ordinances pending Council action on the amendment. Where they differ, both sets of standards are identified herein. In all cases, compliance with the more restrictive standard applies. 5. The plans submitted consist of: Sheet No. & Title Prepared by Last Revised Date P-001A – Phase 1A Plan Jacobs 6/25/2024 P-001B – Phase 1B Plan Jacobs 6/25/2024 P-002 – Phase 2 Plan Jacobs 6/25/2024 C1.201 – Erosion Control Notes & Details Jacobs 5/5/2023 C2.301 – Apron EPSC Plan Jacobs 9/13/2024 C2.302 – Infield EPSC Plan Jacobs 9/13/2024 6. The applicant is proposing to remove approximately 3,000 cubic yards of soil in a location on the airport property that was formerly home to a fuel storage and transfer area. This site is in proximity to planned future building development on the site, so a vapor mitigation system will be installed after the soil excavation is complete in order to prevent vapor migration into the planned new building. This planned new building is not proposed or approved as part of this application. The applicant is proposing additional below-grade work, including installing geothermal wells and placing concrete footings in the subject area as part of this project, and is also proposing various above-ground site modifications, including relocating the existing generators and utility transformers, and identifying new access roads, staging areas, and temporary engineering field offices that will be used for this project and for the subsequent ‘North Concourse’ construction project, which is neither proposed nor approved as part of this #SP-24-35 2 application. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Airport Zoning District Required Existing Proposed Min. Lot Size (non-residential) 3 acres 901.6 acres No change Max. Building Coverage 30 % Not provided No change Max. Overall Coverage 50 % 36.52% 36.59% Min. Front Setback 50 ft. Not provided No change Min. Side Setback 35 ft. Not provided No change Min. Rear Setback 50 ft. Not provided No change Max Height, flat roof 35 ft. Not provided No change SITE PLAN REVIEW CRITERIA The proposed alteration to the approved site plan shall require site plan approval and shall meet the following standards of Section 14.06: 14.06 General Review Standards A. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following: The proposed project does not involve the construction or alteration of any structures and does not impact compliance with this standard. (2) Parking. The proposed project does not involve the construction or alteration of any parking areas and does not impact compliance with this standard. (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 project does not involve the construction or alteration of any buildings and does not impact compliance with this standard. B. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project does not involve the construction or alteration of any buildings and does not impact compliance with this standard. (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 project does not involve the construction or alteration of any buildings and does not impact compliance with this standard. #SP-24-35 3 C. Site Amenity Requirement. (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. This project does not meet any of these three criteria; as such, there is no Site Amenity requirement associated with this project. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. No protected natural resources are located within the project area. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. No changes to landscaping and screening, open space, or lighting are proposed. The comments of the stormwater section are provided below under Section 13.05. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. No changes to pedestrian circulation are proposed as part of this project. D. Transportation Demand Management. Transportation Demand Management analysis is required for all site plans. See Section 13.01. See analysis of TDM standards under Section 13.01 below. This standard is part of the proposed LDR amendments applicable to this application. E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. No building form standards are applicable to the proposed project. F. Streetscape Improvements. #SP-24-35 4 A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. The proposed project does not involve the construction or alteration of any structures and does not impact compliance with this standard. G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The subject property does not abut any properties that would benefit from an inter-lot access. H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. No impacts to wire-served utilities are proposed. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. The applicant has testified that the existing dumpsters are screened in compliance with the above standard – as such, the Administrative Officer finds this criterion met. 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards F. Alteration of Existing Grade (1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 14.11(G), Earth Products.) The applicant is proposing to remove and replace approximately 3,00 cubic yards of contaminated soil as part of this project. However, the intent of this earthwork is not to alter the existing grade. The purpose of the proposed material removal is primarily to remove contaminated soils, and the purpose of the proposed fill placement is to restore the existing grade. Because the proposed fill #SP-24-35 5 removal and replacement will not alter the exiting grade, the standards of this ‘Alteration of Existing Grade’ section do not apply. OTHER APPLICABLE CRITERIA 13.01 Transportation Demand Management A. Purpose. Transportation Demand Management (TDM) is a strategy to increase the overall efficiency of the transportation system by diversifying transportation options and reducing single- occupancy vehicle (SOV) trips and/or vehicle miles traveled (VMT). The primary objectives of TDM are to mitigate traffic congestion, reduce vehicle emissions, provide users mobility choice, and improve community livability. B. Applicability. (1) TDM requirements shall apply in all zoning districts and to land development as follows: (a) Master plans shall apply TDM requirements to the entire area of land development, or to each phase if the project includes phasing. (b) Site Plan Review shall apply TDM requirements. This application for Site Plan review triggers applicable TDM requirements. C. Calculation Of Trips Generated. (1) Reference Materials. Trips generated will be evaluated using the methodology established in Appendix B. Using the methodology established in Appendix B, the Administrative Officer finds that the proposed soil remediation will not create any additional vehicle trips. As such, the remainder of Section 13.01 does not apply to this application. 13.04 Landscaping Existing approved landscaping is required to be maintained in a vigorous growing condition. No additional landscaping is required, since this project does not include any new buildings or building additions. 13.04.B(7) Snow Storage The applicant has specified the snow storage areas on the submitted plans. The Board finds this criterion met. 13.05 Stormwater Management The City Stormwater Section reviewed the submitted plans on 9/11/2024 and offered several comments, which the applicant addressed to the satisfaction of the City Stormwater Section. The City Stormwater Section recommended requiring that the temporary impervious surfaces that are constructed under this project must be removed immediately upon completion of the ‘North Concourse’ construction project. The Administrative Officer has incorporated this comment as a Condition of Approval. 13.03 Bicycle Parking & Storage The subject property received Site Plan approvals in 2019 (#SP-19-07) and 2021 (#SP-12-18) that addressed minimum bike parking standards. The City’s minimum bike parking standards have not changed since then, and the subject property has not added any further building square footage that #SP-24-35 6 would require the installation of any further short-term or long-term bicycle parking facilities. The proposed soil remediation project does not involve the construction of any additional building square footage and therefore does not require the installation of any long-term or short-term bike parking facilities. The subject property received Certificates of Occupancy to close out both above- referenced Site Plan applications – as such, the Administrative Officer is satisfied that the required bike parking exists and that no additional bike parking is required. 13.07 Exterior Lighting The applicant has testified that no new or revised exterior light fixtures are proposed as part of this application. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-35 of the City of Burlington and the Patrick Leahy Burlington International Airport, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-24-320. 4. All impervious surfaces indicated as “temporary” on the approved plan must be removed after completion of the separately permitted and approved ‘North Concourse’ construction project. 5. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 7. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 and the grading standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the modifications approved herein and prior to occupancy and/or use of the approved modifications. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. Signed on this 26th day of September, 2024 by ___________________________________________ Marty Gillies, Acting Administrative Officer #SP-24-35 7 PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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.