HomeMy WebLinkAboutSD-11-09 SD-11-10 - Decision - 1060 1070 1080 Hinesburg Road#SD-11-09
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
Sphinx Development, LLC —1060 & 1070-1080 HINESBURG ROAD
PRELIMINARY PLAT APPLICATION #SD-11-09
FINAL PLAT APPLICATION #SD-11-10
FINDINGS OF FACT AND DECISION
Sphinx Development, LLC, hereafter referred to as the applicant, is seeking preliminary and
final plat approval for a planned unit development to construct a 3-story 40,261 sq. ft. building
consisting of 20,131 sq. ft. of medical office use and 20,131 sq. ft. of general office use, 1060
and 1070-1080 Hinesburg Road.
The Development Review Board held public hearings on March 15 and April 5, 2011. David
Marshall represented the applicant at both hearings.
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. Sphinx Development, LLC, hereafter referred to as the applicant, is seeking preliminary and
final plat approval for a planned unit development to construct a 2-story 40,261 sq. ft. building
consisting of 20,131 sq. ft. of medical office use and 20,131 sq. ft. of general office use, 1060
and 1070-1080 Hinesburg Road.
2. The owner of record of the subject property is Gamal Eltabbakh
3. The application was received on February 4, 2011
4. The subject property is located in the Industrial & Open Space Zoning District
5. The plans submitted consist of a twenty-five (25) page set of plans, page one (1) entitled
"Proposed Planned Unit Development 1060 Hinesburg Road & 1070-1080 Hinesburg Road So.
Burlington, VT 05403 Site Improvements Plan", prepared by Civil Engineering Associates, dated
February, 2011, last revised on March 28, 2011.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District
Required
Proposed
Min. Lot Size
3 acres
3.64 acres
F1 Max. Density
n/a
n/a
L Max. Building Coverage
30%
8.5%
Cl Max. Overall Coverage
50%
49.30%
Ll Min. Front Setback
50 ft.
57 ft.
1-1 Min. Side Setback
35 ft.
82 ft.
Min. Rear Setback
50 ft.
263 ft.
Max Building Height
35 ft.
36.88 ft.
❑ Front Yard Coverage
30%
9.50%
I zoning compliance
n/a no residential units proposed
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Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
15.18(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the existing
public water system shall be extended so as to provide the necessary quantity of water, at
acceptable pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider
or developer shall connect to the public sewer system or provide a community wastewater system
approved by the City and the State in any subdivision where off -lot wastewater is proposed.
The Director of Public Works provided comments dated March 9, 2011. The applicant has
addressed the issues raised therein as outlined in a letter from Civil Engineering Associates dated
March 29, 2011.
The applicant has obtained preliminary wastewater allocation from the Director of Planning &
Zoning.
15.18(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 has submitted an erosion control plan. 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
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Section 16.04 of the South Burlington Land Development Regulations
15.18(A)(3) The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the
DRB may rely on the findings of a traffic study submitted by the applicant, and the
findings of any technical review by City staff or consultants.
Access & Circulation
Access to this property is proposed via a two-way 24' wide drive off Hinesburg Road. The proposal
would replace two existing residential curb cuts on land that is on two separate parcels at present.
The northern of these properties has a second approved access via a shared driveway with the
Avalanche/Spaniel Properties, LLC parcel to the north. According to the applicant, VTrans has
indicated that they would not support use of this shared driveway for the current proposal due to its
proximity to Meadowland Drive to the north.
The proposal would place the new curb cut at the southern extremity of the property, -180 feet
north of the entrance to the Vermont Eye Laser building (1100 Hinesburg Road). This location
appears to be providing a safe distance from other curb cuts and would not likely interfere with any
future development on the west side of Hinesburg Road as depicted on the City Official Map.
A drop-off circle / ambulance access is proposed on the east (rear) side of the building. This would
be accessed via a bi-directional parking lane. The height of the porte-cochere over this area is
proposed to be a minimum of 12' 6", sufficient to ensure adequate passage for emergency
vehicles.
Circulation appears to generally be fluid and predictable, with one exception: a row of four (4)
parallel parking spaces at the southeastern corner of the property. The Board discussed and
recommended the removal of eight (8) additional parking spaces to the south of the building, which
was completed by the applicant.
The diameter radius of the proposed curb cut has been reduced from the sketch plan review, to
approximately 70'. The curb cut has been revised to comply with the requirements set forth by
VTrans for commercial access curb cuts on a State highway.
Traffic Management Strategies
See notes below under 15.18(A)(8).
15.18(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. In making this finding the DRB shall utilize the provisions of Article 12
of these Regulations related to wetlands and stream buffers, and may seek comment from
the Natural Resources Committee with respect to the project's impact on natural resources.
The subject property does not appear to contain any unique natural features identified within the
South Burlington Open Space Strategy. In addition, no streams, wetlands, or their buffer areas
appear to be present on the property. The applicant has provided a statement from Jeffrey
Severson, Principal Ecologist with Oakledge Environmental Services, Inc., stating that no wetlands
were found on the subject properties upon a site visit on November 17, 2010.
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15.18(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.
According to Section 6.04(A) of the Land Development Regulations, the Industrial -Open Space
10 District is established to provide suitable locations for high -quality, large -lot office, light
industrial and research uses in areas of the City with access to major arterial routes and
Burlington International Airport. The 10 District regulations and standards are intended to allow
high -quality planned developments that preserve the generally open character of the district,
minimize impacts on natural resources and water quality, and enhance the visual quality of
approaches to the City while providing suitable locations for employment and business growth.
The location and architectural design of buildings in a manner that preserves these qualities is
strongly encouraged.
The Board finds that the proposed project is in compliance with the stated purpose of the 10
District, as outlined in the Land Development Regulations. The proposed building will retain views
of the Green Mountains from the northern and southern extremities of the property. See below for a
discussion of the heights of the building. A grassed employee break area is proposed to the north
side of the building, making use of these views, and a mowed walking trail for use by employees
and patients will be maintained.
15.18(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 open spaces on this property are largely limited to the perimeter of the lot. The largest areas
are towards the Hinesburg Road side of the building, and to the north of the building, furthering the
approach used by buildings to the north and south, and to the eastern edge of the property.
Opportunities to reduce parking to minimum needed for function of the building should be
supported.
15.18(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, with the standards for
approval including, but not be limited to, minimum distance between structures, street
width, vehicular access from two directions where possible, looping of water lines, water
flow and pressure, and number and location of hydrants. All aspects of fire protection
systems shall be designed and installed in accordance with applicable codes in all areas
served by municipal water.
The South Burlington Fire Chief has reviewed the plans and provided separate comments dated
March 4, 2011. These comments have been addressed by the applicant as outlined in a letter from
Civil Engineering Associates dated March 29, 2011. The fire chief agrees with the responses. The
applicant shall coordinate with the Fire Chief to implement sprinkler connections, alarm system
panels, enunciators, and emergency key boxes as discussed in the Fire Chiefs separate
comments dated March 4, 2011.
15.18(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.
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Pursuant to the request of the DRB at the Sketch Plan review, the applicant has provided a
document entitled "Traffic Impact Assessment Sphinx Development, LLC PUD 1060-1080
Hinesburg Road South Burlington, VT" prepared by Lamoureux & Dickenson and dated November
12, 2010.
The study indicates that the proposed development will not result in a reduction in Level of Service
along Hinesburg Road. It also estimates an evening peak hour trip generation of 101 trips (31
resulting from 20,650 sf of general office and 70 resulting from 20,650 sf of medical office). but
recommends a series improvements to mitigate traffic congestion and safety impacts. ITE Trip
Generation estimates that the existing uses generate 3.03 vehicle trip ends (VTEs) for a total of
97.97 additional VTEs.
The applicant has proposed modifications to roadway alignments and pavements widths along
Hinesburg Road in order to establish a dedicated southbound left -turn entry to mitigate these
impacts, in accordance with or exceeding the recommendations of the traffic study. The
modifications will require removal and replacement of existing overhead services and mail boxes.
The proposed modifications will approach existing driveway entrances to the adjacent property to
the north, Meadowland Drive, and Mansfield View Lane / Fox Run Lane.
The Director of Public Works provided additional comments in a memo dated March 9, 2011. The
applicant responded to these comments as outlined in a letter from Civil Engineering Associates
dated March 29, 2011.
Recreation Path
The official city map projects a future recreational path or bike lane to be built along the eastern
side of Hinesburg Road. The applicant has included a recreation path along the eastern side of
Hinesburg in compliance with the official map. The recreation path committee reviewed the
proposal and recommended its inclusion. In addition, the Board supports the following
recommendation of the committee: The preliminary/final plat shall be amended to extend the
recreation path to the property lines to the north and south and shall be stubbed to the paved
portion of Hinesburg Road. The stubbed areas shall be constructed in accordance with ADA
requirements.
In addition, an existing 20 foot wide recreation path easement belonging to the city abuts the
southeastern corner of the property, from the east. Abutting this easement are existing sanitary
sewer easements along the southern and eastern boundaries of the subject property. Based on a
recommendation from the recreation path committee, the Board finds that both sanitary sewer
easements shall be amended to be sanitary sewer and recreation path easements.
Stormwater Facilities:
The Director of Public Works provided a memo dated March 9, 2011. The applicant addressed the
questions therein as outlined in a letter from Civil Engineering Associates dated March 29, 2011
and further amended its submission to revise the stormwater infrastructure on site. The Board finds
that the application is consistent with the standards of the Land Development Regulations. The
applicant shall obtain all applicable State stormwater permits prior to issuance of a zoning
permit by the Administrative Officer.
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The remainder of the stormwater is proposed to be addressed on site through use of a conveyance
system collecting runoff from the roof and unpaved areas to a detention pond at the northeastern
corner of the property, and a surface forebay system leading to the detention pond for parking lot
runoff. A portion of the southeastern portion of the parking lot will flow by sheet flow to grass
disconnection areas with slopes of not greater than 5%. Limited use of LID techniques, as outlined
in the city's Low Impact Development Guidance Manual, appears to have been incorporated into
the plan.
The City's Land Development Regulations strongly encourage the use of Low Impact Development
(LID) techniques for stormwater management. The Board discussed these recommendations for
LID techniques for stormwwater management with the applicant.
SirlPwalkS-
Sidewalks are proposed to line the eastern side of the building, adjacent to the parking area, to
connect two side entrances to the building to the parking area, and to connect a front entrance to
the building to Hinesburg Road. In addition, a "grassed walking path" is proposed to be maintained
around the perimeter of the property, as is "grass surface employee break area."
The applicant has modified the design of the project to respond to comments from the Board. The
sidewalk to the west of the building has been widened to six (6) feet and a walking path connection
from the staff break area on the north side of the building to the perimeter walking path has been
added. The preliminary/final plats shall be amended to reflect this change on sheet C1.1.
With respect to the doorway facing Hinesburg Road, the applicant has stated in public that the
doorway will serve as an open entry/exit and that the building will be designed to accommodate
regular public foot traffic from this doorway. The Board finds that doorway on the west side of the
building shall remain open to the public for entry and exit during regular business hours.
No sidewalks are proposed to extend to neighboring properties. The Board does not find it
necessary to extend sidewalks to adjacent properties as the recreation path along Hinesburg Road
meets this need.
Landscaping:
See below under site plan review requirements.
Utilities and lighting:
The applicant has incorporated the recommendations of the Director of Public Works described in
his memo of March 9, 2011. 8. Pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines, services, and service modifications shall be underground.
15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a
manner that is consistent with City utility and roadway plans and maintenance standards,
absent a specific agreement with the applicant related to maintenance that has been
approved by the City Council.
Roads:
See above.
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Utilities:
See above.
Recreation Paths:
See above.
Lighting:
A lighting point by point plan for the proposed project has been submitted for this proposal. The
proposed lighting plan indicates an average maximum illumination of 0.6 foot candles across the
parking area, below the maximum allowable under Appendix A.9 of the Land Development
Regulations. Average maximum indirect illumination, off the property, is below 0.1 foot candles,
below the maximum allowable under Appendix A.10 of the Land Development Regulations.
In addition, all proposed lighting fixtures shall be in compliance with Appendix D of the Land
Development Regulations. The applicant has submitted exterior lighting details (cut -sheets) for the
proposed outdoor lighting on the subject parcel. This lighting appears to be in compliance with
Appendix D. According to a supplemental memo provided by the applicant, one half of the parking
lot lights will be timed to turn off at midnight.
In addition, the building facades provided by the applicant indicate a substantial use of windows,
particularly on the east elevation. In a supplemental memo, the applicant has provided information
regarding the timing of lights. All interior lights will be on occupancy sensors and/or time clock.
The Board finds that the lighting plan is in conformance with the requirements of the Land
Development Regulations.
15.18(A)(10) The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
The Board finds that the proposed development of this property is in conformance with the South
Burlington Comprehensive Plan for the reasons discussed above.
Pursuant to Section 15.18(B) of the South Burlington Land Development Regulations,
subdivisions within the Industrial -Open Space Zoning District shall comply with the
following additional standards and conditions:
15.18(B(1) Open space and development areas shall be located so as to maximize the
aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving
and enhancing the open character, natural areas, and scenic views of the Quadrant, while
allowing carefully planned development.
The proposed project includes a lot coverage of 49.3% of the 3.64 acres of land. Open Space is
predominantly included to the west and north of the building, with additional space along the
eastern boundary of the property. The focus of Open Spaces to the west of the building is
consistent with the planned character of the area and with adjacent buildings to the north and
south. The focus of the development (building) area adjacent to the street, with parking areas to the
rear, is also consistent with the Comprehensive Plan.
Due to the nature of the use, significant parking areas are required, limiting the overall amount of
open space on the property.
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15.18(B)(2) Open space and any buffering shall be located in a manner that minimizes
impacts on adjacent residential uses, if any.
Existing residential areas are located on the west side of Hinesburg Road, with a single family
home directly opposite from the proposed building and the Oak Creek Village neighborhood
located to the southwest of the project.
The proposed project includes a front setback of 57, larger than the existing 43' feet for the current
buildings on the property. In addition, open view corridors have been maintained to the north and
south of the building, retaining views of the Green Mountains.
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:
14.06(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.
The Board finds that the proposed project is generally consistent with the stated goals and
objectives of the South Burlington Comprehensive Plan, specifically, Industrial Areas. This area is
located in the northern and eastern portions of the City surrounding the Burlington International
Airport and extending southward to immediately south of 1-89 along Route 116. This area is
intended to consist predominantly of industrial and office uses; however, it may include a mix of
commercial and limited residential use. This area will serve as both a local and regional
employment center. This area of the City is most appropriate for industrial and office uses as it
provides direct, easy access to the airport and is compatible with airport activities such as
airplane noise and approach cones." Comprehensive Plan, 3/6/2006, pp 27-28.
14.06(B) Relationship of Proposed Structures to the Site.
14.06(B)(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.
Transition from structure to site and structure to structure.
The proposed project makes use of slopes on the property to create what will appear to be a two-
story facade from the west and a three-story facade from the east. The transition from structure to
site is additionally met with landscaping. Only one structure is proposed on the site.
Planting:
See below under landscape requirements.
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Pedestrian Movement
Pedestrian access and circulation is provided by sidewalks on the north, east, and south sides of
the building, a sidewalk from the front entrance towards Hinesburg Road on the west side of the
building, and a recreation path extending along the western border of the property adjacent to
Hinesburg Road. In addition, pavement markings will provide access through the center of the
parking lot.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees,
residents, and visitors to the site. A bicycle rack is shown on the plan near to the western entrance
to the building.
Parking Areas:
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the 20,131 SF
of Medical Office use shall require 101 parking spaces. The 20,131 SF of general office use shall
require 71 parking spaces. Therefore, the development will require 172 parking spaces. The
applicant is proposing to provide 164 parking spaces, a waiver of eight (8) spaces. The Board finds
that a waiver of eight spaces from the General Office use is appropriate given the mix of uses on
the property.
The applicant shows seven (7) spaces marked as handicapped accessible. A minimum of six (6)
are required. The dimensions of the proposed parking spaces appear to meet the requirements in
Table 13-8 of the Land Development Regulations.
14.06(B)(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.
(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.
(i) The parking area is necessary to meet minimum requirements of the
Americans with Disabilities Act,
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility easement or unstable
soils that allow for parking, but not a building, to be located adjacent to the
public street;
(iv) The lot contains one or more existing buildings that are to be reused and
parking needs cannot be accommodated to the rear and sides of the existing
building(s); or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the total width of all
parking areas located to the side of building(s) at the building line shall not exceed
one half of the width of all building(s) located at the building line. Parking approved
pursuant to 14.06(B)(2)(b) shall be exempt from this subsection.
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(d) For through lots, parking shall be located to the side of the building(s) or to the
front of the building adjacent to the public street with the lowest average daily
volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be
located to the side of the building(s) or to the front adjacent to the Interstate. Parking
areas adjacent to the Interstate shall be screened with sufficient landscaping to
screen the parking from view of the Interstate.
All parking is proposed to rear and rear/side of the proposed building. No parking is proposed to
the front (west) of the proposed building. The proposed plan is in full compliance with these criteria.
14.06(B)(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 adjoining
buildings.
The applicant will be requesting a height waiver of 1.88 feet for an elevator shaft to be located at
the center of the building. Otherwise the applicant has stated that the maximum height of the
proposed building will not exceed 35 feet above the average pre -construction grade. The building
immediately to the south along Hinesburg Road is of similar height and scale. Furthermore, the
subject property is outside of the nearby View Protection Overlay district.
Height waiver request: Section 3.07 (F)(2) of the Land Development Regulation reads:
3.07(F)(2) For structures proposed to exceed the maximum height for structures
specified in §3.07(D) above 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 important public scenic views from adjacent
public roadways and other public rights -of -way.
The applicant has stated that due to the location of the elevator shaft, the portion of the building
that exceeds 35 feet in height will not be visible from the road surface or a future recreation path.
The Board approves a height waiver of 1.88 feet as it will not be visible from any public road or
recreation path.
14.06(B)(4) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
14.06(C) Relationship of Structures and Site to Adjoining Area.
14.06(C)(1) 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.
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14.06(C)(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 submitted elevations for the proposed building. The building will be three stories
on all sides, with the exception of the entryway area, which will be two stories. The materials and
scale of the building appear to be in keeping with existing non-residential development in the
vicinity.
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:
14.07 Specific Review Standards
14.07 (A) 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 of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation in the area.
The Applicant has provided a written statement from Timothy French, Utilities and Permits Unit
Project Supervisor for Maintenance District 5 of the Vermont Agency of Transportation, indicating
the Agency's agreement that a separate curb cut is necessitated and that a shared driveway
entrance with the property to the north would not be recommended due to the close proximity of
the existing Meadowland Drive.
14.07 B Utility Services. 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.
14.07 C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (ie,
nondumpster, non -large drum) shall not be required to be fenced or screened.
An 8' x 18' concrete pad with stockade fence for trash and recycling is proposed along the
southern side of the parking / circulation area. It appears that this enclosure area extends into the
existing 20' sanitary sewer easement. The Director of Public Works has reviewed this and
recommends that the following condition be imposed.
"If the City is required to make repairs or improvements to the existing sewer main located along
the south and east sides of the site, the applicant shall be responsible for the repairs of any
damage that may occur to those site improvements located within the supporting existing sewer
easements." The Board supports inclusion of this condition.
14.07 D Landscaping and Screening Requirements (refers to Section 13.06)
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The Board has reviewed the standards of Section 13.06 regarding landscaping and has found
the project to be in compliance. Of particular note:
Landscaping of parking areas & snow storage
Pursuant to Section 13.06(B)(2), in all off-street parking area with twenty-eight (28) or more
parking spaces, at least ten percent (10%) of the interior of the parking area shall be
landscaped with trees, shrubs, and other plants. This parking lot contains more than 28 spaces.
The site plan shows islands and areas reserved for landscaping totaling 10.5% and specify the
variety of trees to be installed.
Pursuant to Section 13.06(B)(5), snow storage areas must be specified and located in an area
that minimum the potential for erosion and contaminated runoff. Snow storage areas are shown
on the plan.
Retention of existing trees
At the sketch plan level, the Board requested that the applicant demonstrate the need for removal
of existing trees and hedges on the property. The proposed landscape plan shows the retention of
a hedge row between the subject property and property to the north, the removal of an existing
north -south hedge row in favor of reinforcing the specimen tree layout, and the planting of new
trees to the east and west of the building, in the parking areas, and at the eastern boundary of the
property.
The landscape plan has been generally revised to respond to comments from the City Arborist and
the Board, as outlined in a letter from Civil Engineering Associates dated March 29, 2011.
The landscape plan also includes the retention of several individual trees on the property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the
SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or
professional landscape designer. The applicant has submitted a landscape plan and budget as
part of the preliminary plat plan application. Based on estimated building costs of $4,000,000, the
minimum required landscaping should be $47,500. The applicant is proposing $31,510 in
acceptable landscaping (defined by the SBLDR as trees and shrubs) and is requesting a tree
retention credit of $15,990 for trees with an estimated value of $56,558.
The city arborist has reviewed the request and agrees that there is approximately $16,000 worth of
trees identified as to be retained to credit toward the project. This note is found within the Director
of Public Works' memo of March 9, 2011.
A drawing and written for the protection of trees during the construction of the project has been
provided per the request of the City Arborist. The City Arborist has stated that the tree protection
plan is adequate to allow for a credit of $15,990 of the total landscaping requirement of $47,500.
Based on the tree retention and protection plans submitted, the Board approves a credit of $15,990
of the required $47,500 in total landscaping on the property.
OTHER APPLICABLE STANDARDS
13.18 Utility Cabinets and Similar Structures
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Pursuant to Section 13.18 of the South Burlington LDRs, any utility cabinets on the site shall be
effectively screened to the approval of the Development Review Board. It is unclear from the
planting plan whether the proposed cooling tower pad and proposed transformer and pad, both
located adjacent to the access drive, are suitably screened with landscaping.
The applicant has modified the planting plan for the screening of utility cabinets. The Board finds
the screening to be adequate to meet the standards of this section.
DECISION
Motion by John Dinklage, seconded by Gayle Quimby, to approve Preliminary Plat Application
#SD-11-09 & Final Plat Application #SD-11-10 of Sphinx Development, LLC, 1060 and 1070-
1080 Hinesburg Road.
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 plat 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 stubbed areas of the recreation path shall be designed in accordance with
ADA requirements and shall be approved by the Director of Public Works.
b. The existing 20 foot sanitary sewer easement along the southern edge of the
property shall be revised to be designated as sanitary sewer / recreation path
easements to the City of South Burlington.
c. Sheet C1.1 of the plat shall be revised to reflect the revised sidewalk notation.
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.
5. The grading plan shall meet the standards set forth in Section 16.04 of the South Burlington
Land Development Regulations.
6. The applicant shall obtain all applicable State stormwater permits prior to issuance of a zoning
permit by the Administrative Officer.
7. The doorway on the west side of the building shall remain open to the public for entry and exit
during regular business hours.
8. A waiver of eight (8) parking spaces, or 4.7%, from the minimum standards of the regulation is
approved due to the presence of a mix of uses on the property and access via alternate means
of transportation.
9. If the City is required to make repairs or improvements to the existing sewer main located
along the south and east sides of the site, the applicant shall be responsible for the repairs of
any damage that may occur to those site improvements located within the supporting existing
sewer easements.
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10. A height waiver of 1.88 feet on the building as depicted on the plat is approved as the
additional height will not be visible from any public right of way.
11. The porte-cochere shall not be converted into an enclosed space without additional approval
from the South Burlington Development Review Board.
12. The applicant shall adhere to the comments of the City of South Burlington Director of Public
Works dated March 9, 2011.
13. The applicant shall adhere to the comments of the City of South Burlington Fire Chief dated
March 9, 2011.
14. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
15. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the new building will generate 97.97
additional vehicle trips ends during the P.M. peak hour.
16. Prior to permit issuance, the applicant shall post a $47,500 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, and that any credited landscaping has not been damaged.
17. A credit of $15,990 of the required $47,500 in total landscaping on the property is approved
due to the existing tree retention and protection plan submitted by the applicant.
18. Any deviation from the approved tree protection plan resulting in the loss or damage to trees on
site shall be considered a violation of the Board's approval.
19. Prior to permit issuance, the applicant shall post a performance bond in the amount of $25,000
to cover the costs of the recreation path and associated drainage improvements.
20. All new exterior lighting shall consist of down casting fixtures. Any change to approved lighting
shall require approval of the Administrative Officer prior to installation.
21. The mylar shall be recorded prior to permit issuance.
22. Prior to recording the final plat plan, the applicant shall record an easement deed approved by
the City Attorney, for the 20-foot wide recreation path easements.
23. Prior to recording the final plat plans, the applicant shall provide staff with a written statement
from the Director of Public Work approving the stormwater revisions to sheet C2.
24. 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.
25. The applicant shall obtain a Certificate of Occupancy from the Admii
use or occupancy of the building.
26. Any changes to the final plat plan shall require approval of the Sout
Development Review Board.
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27. The final plat plans (survey plat and sheet C1) shall be recorded in the land records within
180 days or this approval is null and void. The plans 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.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 6 — 0 - 1
Signed this 6th day of April 2011, by
r Digitally signed by Mark C Behr P
DN: —Mark C. Behr, o=Richard Henry Behr
Mark C. Beh
Architect P.C, ou, email=mark@rhb c com, -US
Wte: 2011.04.06 14:44:36-04'00'
Mark Behr, Chairman
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://vermontiudiciary.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.
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