HomeMy WebLinkAboutSD-07-20 SD-07-21 - Decision - 0010 Mansfield View Lane#SD-07-20
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CIVIL ENGINEERING ASSOCIATES — 1110 HINESBURG ROAD
PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAT APPLICATION #SD-07-20
FINAL PLAT APPLICATION #SD-07-21
FINDINGS OF FACT AND DECISION
CEA Properties LLC, hereafter referred to as the applicant, is seeking preliminary and
final plat approval for a planned unit development to: 1) subdivide a 49.48 acre parcel
into two (2) lots of 3.055 acres and 46.42 acres, 2) develop the 3.055 acre parcel with
three (3) 7,200 sq. ft. general office buildings and one (1) 1,000 sq. ft. detached
accessory structure, 1110 Hinesburg Road. The Development Review Board held a
public hearing on Tuesday, April 17, 2007. Steve Vock 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 preliminary and final plat approval for a planned unit
development to: 1) subdivide a 49.48 acre parcel into two (2) lots of 3.055 acres
and 46.42 acres, 2) develop the 3.055 acre parcel with three (3) 7,200 sq. ft.
general office buildings and one (1) 1,000 sq. ft. detached accessory structure,
1110 Hinesburg Road.
2. The owner of record of the subject property is Munson Earth Moving Corp.
3. The subject property is located in the Industrial & Open Space (10) Zoning
District.
4. The plans submitted consist of a 36 page set of plans, page two (2) entitled,
"CEA Office Planned Unit Development Lot 1A Meadowland Business Park
South Burlington Vermont Site Landscaping Plan", prepared by Distinctive
Landscaping, dated Feb. 2007.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District
Required
Proposed"
Min. Lot Size
3 acres
3.06 acres
�l Max. Density
n/a
n/a
Max. Building Coverage
30%
11 %
�l Max. Overall Coverage
50%
41 %
Min. Front Setback
50 ft.
50 ft.
Min. Side Setback
35 ft.
35 ft.
4 Min. Rear Setback
50 ft.
35 ft.
Max. Building Height
40 ft.
35 ft.
Front Yard Coverage.
30%
7%
zoning compliance
n/a no residential units proposed
A waiver requested
The applicant is proposing to place Building C 35 feet from the rear property line,
therefore requesting a 15 foot rear yard setback waiver. The Board supports this waiver,
acknowledging that the lot to the east is 50 undeveloped acres. Future buildings on this
lot are unlikely to be adversely affected to by the location of Building C, which is still 35
feet from the property line. Furthermore, by locating Building C where it is proposed, the
building will be further from the existing single family home to west. Given the
topography of the site, it will also be lower on the site and will not obstruct views of the
single family home.
The applicant has submitted a written request regarding this waiver.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
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.
The South Burlington Water Department reviewed the plans and provided comments in a
letter dated March 27, 2007.
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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 applicant has received preliminary wastewater capacity allocation from the Director of
Planning and Zoning, Juli Beth Hinds.
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 sufficient grading and erosion control plans.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this property is proposed via a two-way 24' drive off of Hinesburg Road to be
shared with the abutting property to the north. The applicant is proposing two accesses to
the subject lot from this shared access: 1) a western access, ingress only, which is
approximately 15' in width and 2) a southern access, for two-way traffic, which is
approximately 24' in width and would also be used to access a proposed future office
building on the southeast corner of the 3 acre lot. This access plan is acceptable.
The applicant is also proposing an access easement across the 3 acre lot to the resulting
47 acre lot. This is acceptable at this time. This is merely an access easement which will
provide for legal means of access at such time as it may be deemed necessary which
would be when the 47 acre lot is developed. The Board will then have the ability and forum
to discuss the actual access to that piece. Although it may be that this access easement is
never used, it should still be provided for on the plans.
The official city map projects a future recreational path or bike lane to be built along the
eastern side of Hinesburg Road. The plans provide for a 20 foot easement to the City of
South Burlington, along the existing state Right -of -Way of Hinesburg Road.
According to the ITE Trip Generation Manual, 7th Edition, the 22,600 square feet of general
office use is estimated to generate 33.67 P.M. peak hour trip ends.
The applicant has submitted a traffic study as part of this application. This is sufficient.
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.
The 3 acre lot does not appear to contain any wetlands, streams, or other unique natural
features. The applicant should provide wetlands delineation at such time as any
development is proposed for the 47 acre lot which does appear to contain wetlands.
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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 l0 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 l0 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 proposed project is in compliance with the stated purpose of the 10 District, as outlined
in the Land Development Regulations.
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. This should
allow for the creation of open spaces between adjoining parcels.
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.
The South Burlington Fire Department reviewed the plans and commented in a letter dated
April 16, 2007. The applicant should comply with the requests of the South Burlington Fire
Department.
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.
The applicant is proposing to utilize stormwater management which exists on Lot 1 at
Meadowland Business Park (472 Meadowland Drive). The applicant has also stated that
they will provide grass -lined treatment swales along the perimeter of the building. The City's
stormwater superintendent has reviewed the plans and verbally stated that he finds the
plan sufficient.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The City Engineer has reviewed the plans and provided comments in a memo dated April
12, 2007.
A lighting point by point plan for the proposed project shall be submitted for this proposal,
and shall meet the requirements in Appendices A.9 and A.10 of the Land Development
Regulations.
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The proposed lighting levels do not exceed 1.09 foot-candle average, well below the
maximum of 3.0 foot-candles. Indirect glare at property lines is below 0.1 foot-candles, with
the exception of the drive shared by the property to the north. The pole heights are
proposed to be 20 feet, below the regulated maximum of 30 feet.
The lighting fixtures submitted are acceptable in accordance with the South Burlington
Land Development Regulations. The under -soffit fixtures must be mounted flush or
recessed. The convex lenses included as 'optional' on the cut sheets shall not be permitted.
It appears that what proposed on the Luminaire Schedule submitted by the applicant
adheres to these recommendations; nevertheless, in the effort to avoid confusion, the
condition shall be included in the Findings of Fact.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed development of this property is in conformance with the South Burlington
Comprehensive Plan.
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:
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 applicant has provided for adequate pedestrian movement to and within the subject lot
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the
7,200 SF of General Office use proposed for stage 1 shall require 26 parking spaces. The
applicant is proposing to provide 28 parking spaces.
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the
14,400 SF of General Office use proposed for stage 2 shall require 50.4 parking spaces.
The applicant is proposing to provide 52 parking spaces.
The applicant shows a total of five spaces marked as handicapped accessible. Four are
required.
The dimensions of the proposed parking spaces appear to meet the requirements in Table
13-8 of the Land Development Regulations.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. Two bicycle racks are depicted on the plans.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
All of the proposed parking is located to the side or the rear of the building; therefore this
project is in compliance with this criterion.
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 has stated that the maximum height of the proposed two-story buildings will
not exceed 35 feet, which is in compliance with the Land Development Regulations.
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.
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.
The applicant has submitted elevations of the proposed buildings. They are fully in
compliance with this criterion.
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 of the proposed buildings. They are fully in
compliance with this criterion.
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:
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.
Thee access easement across the 3 acre lot to the remaining 47 acres has already been
addressed. This is sufficient.
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.
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Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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).
The plans depict outside trash and recycling facilities. They will be screened appropriately
on all sides.
Landscaping and Screening Requirements
Based on submitted cost projections for this property of $2,195,000, the minimum
landscaping budget shall be $29,450. The applicant has submitted a landscaping budget
of $29,836, in compliance with Table 13-9 of the South Burlington Land Development
Regulations.
Pursuant to Section 13.06(B) of the Land Development Regulations, 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.
All interior and perimeter planting shall be protected by curbing. Interior planted islands
shall have a minimum dimension of six (6) feet on any one side, and shall have a
minimum square footage of sixty (60) feet. Large islands are encouraged.
This parking lot proposed for stage 2 contains more than 28 spaces. The applicant has
submitted a plan depicting landscaped island areas, accompanied by calculations which
demonstrate compliance with this criterion.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off. The
plans depict adequate snow storage areas.
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any utility cabinets on the site shall be effectively screened to the approval of the
Development Review Board. This criterion is being met.
DECISION
Motion by 6- tia- seconded by Y
to approve Preliminary Plat Application #SD-07-20 and final plat application #SD-07-21
of CEA Properties, LLC, 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.
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3) The 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 plans shall be revised to comply with the City Engineer per the memo dated
April 12, 2007.
b) The plans shall be revised to show the street name and associated addresses.
4) The applicant shall comply with the requests of the South Burlington Water Department
as outlined in a letter dated March 27, 2007.
5) The applicant shall comply with the requests of the City Engineer as outlined in a
memo dated April 12, 2007.
6) The applicant shall comply with the requests of the South Burlington Fire Department
as outlined in a letter from Chief Douglas Brent dated April 16, 2007 with the
exception of the reference to the oversized elevator. The applicant shall reach
agreement with the Fire Chief with respect to the design of the stairwell.
7) The Board grants a rear yard setback waiver of fifteen (15) feet resulting in a 35 foot
rear setback for building C.
8) 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.
9) The applicant shall record a "Notice of Conditions" approved by the City Attorney prior
to recording the final plat plan that grants emergency access across Lot 1A for use by
development on Lot 1 upon approval by the DRB.
10) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
11) Pole mounted lights must be fully shielded. Exposed convex lenses are not permitted.
Soffit lights shall be flush mounted or recessed. Drop lens fixtures are not permitted.
12) Any new exterior lighting shall consist of downcasting fixtures. Any change to approved
lights shall require approval of the Administrative Officer prior to installation.
13) The proposed 1000 sq. ft. storage building shall meet all guidelines and limitations of
Section 3.10 of the South Burlington Land Development Regulations pertaining to
accessory structures and uses.
14) The applicant shall provide a street name for consideration and approval by the
Planning Commission. The approved name shall be added to the plat prior to
recording. The plans shall be revised to street address the four buildings served by
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15) The applicant shall post a $29,836 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.
16) Prior to recording the final plat plan, the applicant shall record an easement deed
approved by the City Attorney, for the 20 foot recreation path.
17) The applicant shall obtain a zoning permit for the front building within six (6) months
of this approval. The Development Review Board grants a period of five (5) years for
approval of phases 2 and 3 of the proposed development. At such time as the five
years is reached and the applicant has not sought a zoning permit for either phase 2
or 3, they shall be eligible, per Section 17.04 of the South Burlington Land
Development Regulations, for one (1) extension to an approval if the application
takes place before the approval has expired and if the Development Review Board
determines that conditions are essentially unchanged from the time of the original
approval. In granting such an extension, the Development Review Board may
specify a period of time up to one (1) year for the extension.
18) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the development will
generate 33.67 vehicle trip ends during the P.M. peak hour.
19) If medical office use is proposed for the second floor of any building within the
development, then the elevator serving the second floor shall be sized to
accommodate an ambulance stretcher in the flat position.
20) The mylar shall be recorded prior to permit issuance.
21) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
22) The final plat plan (sheets PL-1 and PL-2) 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. 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 Director of Planning and Zoning.
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Mark Behr —yea/nay/abin of presen
Matthew Birminghama ay a stain/not present
John Dinklage —
nay/abstain/not present
Roger Farley —
ay/abstain/not present
Eric Knudsen —
ay/abstain/not present
Peter Plumeau —
nay/abstain/not present
Gayle Quimby — e
nay/abstain/not present
Motion carried by a vote of -�-
'�
Signed this r day of 1 2007, by
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John Dinklage, �Chair
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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