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HomeMy WebLinkAboutSD-09-12 SD-09-13 - Decision - 1200 Hinesburg Road#SD-09-12 #SD-09-13 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MUNSON EARTH MOVING CORP. -1200 HINESBURG ROAD PRELIMINARY PLAT APPLICATION #SD-09-12 FINAL PLAT APPLICATION #SD-09-13 FINDINGS OF FACT AND DECISION Munson Earth Moving Corp, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development to: 1) subdivide a 46.42 acre parcel into two (2) lots of 6.92 acres and 39.50 acres and 2) develop the 6.92 acre parcel with two general and/or medical office buildings comprised of one single story 15,000 sq. ft. building and one (1) two story 33,600 sq. ft. building, 1200 Hinesburg Road. The Development Review Board held a public hearing on March 17, 2009. David Marshall 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 46.42 acre parcel into two (2) lots of 6.92 acres and 39.50 acres and 2) develop the 6.92 acre parcel with two general and/or medical office buildings comprised of one single story 15,000 sq. ft. building and one (1) two story 33,600 sq. ft. building, 1200 Hinesburg Road. 3. The owner of record of the subject property is Munson Earth Moving Corporation. 3. The application was received on February 23, 2009 4. The subject property is located in the Industrial & Open Space Zoning District. 5. The plan submitted consists of a 32 page set of plans, page two (2) entitled, "Subdivision of Lot 1 B from Lot 1 Meadowland Business Park for: Munson Earth Moving Corp. VT Rte. 116 & Meadowland Drive City of South Burlington, Vermont, prepared by Civil Engineering Associates, Inc., dated February 23, 2009. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements 10 Zoning District Required Proposed (at full build - out on Lot 1 B) Min. Lot Size 3 acres 6.92 acres Max. Density n/a n/a I:\Development Review Boa rd\Findings_Decisions\2009\Munson\HinesburgRdOff ice Park_SD0912_SDO913_ffd.doc #SD-09-12 #SD-09-13 � Max. Building Coverage 30% 10.6% Max. Overall Coverage 50% 45.6% Min. Front Setback 50 ft. 140 ft. Min. Side Setback 35 ft. 41 ft. �l Min. Rear Setback 50 ft. 73 ft. �l Max. Building Height** 35 ft. 25 ft �l Front Yard Coverage 30% 5.4% zoning compliance n/a no residential units proposed ** the buildings lie within a scenic view protection zone; as such the height limitations are subject to that district. See comments below on this matter. The subject property is part of a previous subdivision which contains a requirement that a 200 foot open space buffer be maintained along the boundary with the residential district. This buffer is being respected with the closest building proposed at over 500 feet from the district boundary. This line is also shown on the plans. 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 entire Meadowland Business Park has been preliminarily approved for water allocation. The South Burlington Water Department has reviewed the plans and provided comments in a letter dated February 26, 2009. Most of the comments are standard specifications made by the department and no changes to the plans are necessary. The applicant shall adhere to these comments. 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 original subdivision received a 51,272 gpd sewer allocation which is still in effect. To date there is 41,519 gpd available. The applicant has applied for and received preliminary wastewater approval given this allocation. 2 I:\Development Review Boa rd\Findings_Decisions\2009\Munson\HinesburgRdOff ice Park_SD0912_SDO913_ffd.doc #SD-09-12 #SD-09-13 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. Furthermore, with 4.5 acres of area to be disturbed during construction, and over 130,000 sf of new impervious surface, the proposed development will be subject to both the State of Vermont Construction General permit and the Operational Stormwater permit. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to this property is proposed via one 24' drive off of Hinesburg Road. This complies with the minimum requirement for an entry drive. This entry drive has been located south of the proposed buildings such that it may also serve as a shared access for future development on the southern portion of this parcel. The applicant has completed a traffic report for the proposed development (attached, completed by Lamoureux & Dickenson). The report confirms the need for a dedicated left turn lane into the site upon completion of the second (East) building. Verbal approval of this proposed curb cut has been issued by VTrans with final approval pending the review of the technical details associated with the proposed turn lane. According to the ITE Trip Generation Manual, 71h Edition and using the fitted curve, the proposed medical/dental office use (land Use Code 720) is estimated to generate 54 vtes (the one story building) and 114.9 vtes (two story building) for a total of 168.9 PM peak hour tip ends. 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 subject property is surrounded by a narrow band of wetlands along a small stream corridor (unnamed tributary of Potash Brook) that drains through the project site from southwest to northeast. The project grading respects the wetlands associated with the stream corridor; there is some encroachment of grading into the buffer, as well as a small portion of pavement, where the access drive circulates around the two story building. This is minimal. Furthermore, the site has been designed so that the new development areas are below the existing grade. 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 I:\Development Review Boa rd\Fi nd i ngs_Decisions\2009\Mu nson\H inesbu rg Rd Off icePark_SD0912_SDO913_ffd.doc #SD-09-12 #SD-09-13 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. There are significant portions of open space running along the western portions of the property, so this requirement is met. 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 Chief has reviewed the plans and provided comments in a letter dated March 12, 2009. He has recommended that the applicant increase the width of the access drive around the building from 18 feet to 20 feet (comment number 12). He has also stated that the trees and fences shall not be placed in any manner that may interfere with the deployment of hoses (comment number 10). The Board has reviewed the landscaping plan and no changes are necessary with respect to this criterion. No changes to the landscaping plan shall be made with respect to this comment. The turning radii and other road widths are acceptable. 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 water main has been designed to allow it to be extended as additional development is permitted on the remaining sections of Lot 1 in support of the interconnection goals set forth by the Water Department. Stormwater and sanitary sewer connections will be tied into the existing Meadowland Business Park infrastructure which was designed to handle the post -development flows from all of Lot 1. The subject property (Lot 1) contains a 20' wide recreation path easement which runs through the southern landscaped berms in the east -west direction. The Recreation Path Committee has also stated that they request an easement in the north -south direction parallel to Hinesburg Road similar to the easement which exists on two properties to the north: 10 Mansfield View Lane (CEA) and 1100 Hinesburg Road (VT Eye Laser). The applicant has shown this on the survey plat but not the site plans. The site plans should be revised to show a 20 foot wide recreation path easement along the length of the property's boundary with Hinesburg Road. The applicant is also showing a pedestrian path along the northern property line which connects Hinesburg Road and the parking areas. 4 I:\Development Review Board\Findings_Decisions\2009\Munson\HinesburgRdOfficePark_SD0912_SD0913_ffd.doc #SD-09-12 #SD-09-13 Furthermore, the Recreation Path Committee submitted comments to staff in a memo dated March 3, 2009 which outlines their wishes. 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 subdivision plans for the entire Meadowland Business Park show details on street utilities, lighting, and stormwater management. The City Engineer has reviewed the plans and provided comments in a memo dated March 12, 2009. Item number 2 refers to a sewer line which connects to the subject parcel from Meadowland Drive. It is a private sewer line and the Director of Public Works has stated that it is to remain private. The applicant may strike item number 2 of these comments. No gravel drive shall be required. A lighting point by point plan for the proposed project has been submitted for this proposal and meets the requirements in Appendices A.9 and A.10 of the Land Development Regulations. In addition, the applicant has submitted exterior lighting details (cut -sheets) for the proposed lighting on the subject parcel. The proposed lighting fixtures are in compliance with Appendix D of the Land Development Regulations. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds 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 plans for the proposed development include a 20 foot wide recreation path along Hinesburg Road, a path connecting Hinesburg Road and the parking areas, and mid -island pedestrian connections through the parking areas. Walkways are present on the two sides of each building where parking is present. The plans adequately address this criterion. According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, and based on a possible 48,600 square feet of medical office, the two buildings will require 243 spaces. The plans depict 249 parking spaces. According to Table 13-7 of the Land Development Regulations, a property with 201-300 parking spaces requires seven (7) handicapped -accessible parking spaces. The plans currently depict twelve (12) handicapped -accessible spaces. When the two buildings are 5 I:\Development Review Boa rd\Findings_Decisions\2009\Munson\HinesburgRd Off icePark_SD0912_SDO913_ffd.doc #SD-09-12 #SD-09-13 analyzed separately, the west building (76 to 100 spaces) requires 4 spaces (4 are provided) and the east building (151 to 200 spaces) requires six (6) spaces (8 are provided). The dimensions of the proposed parking areas 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 have been depicted on the plans; is located at each building. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The majority of the proposed parking is located on the rear of the west building. A small amount of parking is on the south side of this building, but still not within the front yard. The grading of the site places the parking below the existing grade thereby providing suitable screening of the vehicles when viewed from Hinesburg Road. This criterion is being met. 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 submitted sketch elevations of the building. The bottom floors of the buildings have been set down below existing grade as a means of lowering the profile of the buildings. The closest commercial buildings to the project site are comprised of two story structures. This project proposes one single story and one two story building. The heights of the buildings are well within the limits of the district. The proposed project is located in a business park in an area where both office and industrial uses exists, so the scale of the proposed buildings is compatible with existing buildings in the area. 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 sketch elevations of the proposed buildings. The Board finds that they are visually appealing and very much harmonious with adjacent buildings in the district. Landscaping plans and final grading plans have assisted in the determination of compliance with this requirement. 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. 6 I:\Development Review Boa rd\Findings_Decisions\2009\Munson\HinesburgRdOffice Park_SD0912_SDO913_ffd.doc #SD-09-12 #SD-09-13 The Board has already addressed this criterion in other sections of this report 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. Provisions for the extension of utilities have been integrated into the plan. The applicant is proposing future access for the undeveloped portions of Lot 1 via the shared entry drive for this proposal. The applicant and the Board agree that it is preferable to have the remaining portions of Lot 1 which are closer to Meadowland Drive utilize that roadway for access to the (eventual) controlled access at Route 116 rather than overburden this projects driveway or provide an uncontrolled access between Meadowland Drive and Hinesburg Road. 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. 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 do show dumpsters. Any waste facilities proposed on site shall be shown and shown to be adequately screened. The applicant is proposing stockade fencing to surround the facilities. Landscaping and Screening Requirements Based on building cost projections of $4,617,000, the minimum landscaping budget is $53,670. The applicant has submitted a proposed landscaping budget of $53,890 which meets this criterion. The applicant is requesting a $7,500 credit for 12 existing Norway Spruce trees along the northerly property line. The City Arborist has reviewed the proposed landscaping plans and provided comments in a memo dated March 6, 2009. This plan was particularly challenging given the height restrictions of the view protection overlay. The applicant worked with the arborist to achieve this. The arborist made a few minor notes for change. The applicant is proposing to build the development in two phases. Pursuant to Section 13.O6(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. 7 I:\Development Review Board\Findings_Decisions\2009\Munson\Hinesburg RdOfficePark_SD0912_SD0913_ffd.doc #SD-09-12 #SD-09-13 The plans depict snow storage areas. Pursuant to Section 13.06(C)(1) of the SBLDR, any utility cabinets on the site shall be effectively screened to the approval of the Development Review Board. The plans depict proper screening of the proposed utility cabinets on the site. View Protection Zone The subject property is located within the Hinesburg Road -North Scenic View Protection Overlay District and thus subject to Section 10.03(H) of the SBLDR. Specifically, no part of any structure within the zone shall exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure is horizontally distant from the Hinesburg Road -North View Protection Zone Base Line shown on the Scenic View Protection Overlay District Map. The applicant has submitted elevations as part of this application which depicts the proposed buildings against the limits of the view protection zone. The elevations clearly demonstrate that the buildings are within the limits of the view protection zone. Other The applicant is proposing to phase the building over 5 years. The board has no concerns regarding this request. A condition to this effect will appear in the Decision. /1 DECISION Motion by 6' C q%aseconded by 46-,' to approve Preliminary Plat App ication #SD-09-12 & Final Plat Application#SD-09-13 of Munson Earth Moving Corporation, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The 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 the mylar. 3a. The plans shall be revised to widen the employee parking access road to 20 feet on the east side of the two (2) story building. 3b. The site plan shall be revised to show a 20 foot wide recreation path easement along the length of the property's boundary with Hinesburg Road. 3c. The landscaping plan shall be revised to adhere to the comments of the City Arborist per the memo dated March 6, 2009. Specifically, the species of crabapple shall be changed to a narrower species. I:\Development Review Board\Findings_Decisions\2009\Munson\Hinesburg RdOfficePark_SD0912_SD0913_ffd.doc #SD-09-12 #SD-09-13 3d. The survey plat shall be revised to include the seal and signature of the land surveyor. 4. The applicant shall adhere to the comments of the South Burlington Water Department per the letter dated March 12, 2009 with the exception of item #7. 5. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit 6. 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. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8. The applicant shall adhere to the comments of the City Engineer per the memo dated March 12, 2009, with the exception of items number 1 and 2. 9. The applicant shall adhere to the recommendations of the Fire Chief in his memo dated 3/12/09 with the exceptions of items # 7 and 10. 10. The landscaping schedule and budget shall be revised to separate the landscaping and costs for each phase of the project. 11. The applicant shall comply with the requests of the South Burlington Water Department as outlined in a letter dated February 26, 2009. 12. Prior to occupancy of the 33,600 sq. ft. building, the applicant shall construct a south bound left turn lane on Hinesburg Road. 13. The applicant shall adhere to the comments of the City Arborist dated 3/6/09. 14. Pursuant to Section 12.02 (E)(3) of the Land Development Regulations, the Board approves encroachment into the class III wetland buffer. 15. All new exterior lighting shall consist of downcasting, shielded fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 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 Board approves a $7,500 credit for existing trees to remain. 18. Prior to permit issuance, the applicant shall post a landscaping bond for each phase as indicated in the landscaping budget for a total of $53,670. These bonds shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 19. The applicant shall obtain a zoning permit for the first building within six (6) months of this approval. The Development Review Board grants a period of five (5) years for 9 I:\Development Review Boa rd\Findi ngs_Decisions\2009\1V1unson\HinesburgRdOfficePark_SD0912_SDO913_ffd.doc #SD-09-12 #SD-09-13 approval of phase 2 of the proposed development. At such time as the five years is reached and the applicant has not sought a zoning permit for phase 2, 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. 20. The mylar shall be recorded prior to permit issuance 21. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the 15,000 sq. ft. building (as medical office use) will generate 54 vehicle trip ends during the pm peak hour and the 33,600 sq. ft. building (as medical office use) will generate 114.9 vehicle trip ends during the pm peak hour. 22. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of each building. 23. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 24. The final plat plans (survey plat and sheet C-1.1) 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. Mark Behr — oeanay/abstain/not presen _ Matthew Birmingham — yea/nay/abstain not present John Dinklage — ea/nay/abstain not resent Roger Farley — ye nay/abstain/not present Eric Knudsen — e nay/abstain/not present Peter Plumeau — /nay/abstain/not present Gayle Quimby — e /nay/abstain/not present Motion carried by a vote of 7 1 r 1 Signed this � day �f 2009, by is Mark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). 10 I:\Development Review Boa rd\Findings_Decisions\2009\Munson\Hinesburg Rd Office Park_SD0912_SD0913_ffd.doc