HomeMy WebLinkAboutSP-96-0002 - Decision - 0030 Community DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT _ oC>0.Z
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Technology Park Associates for resubdivision
of two (2) lots consisting of approximately 160 acres of land into 12 lots (i.e., ten
(10) developable lots) ranging in size from 6.59 acres to 31.11 acres, former Digital
Property, Kimball Avenue.
On the 9th day of July, 1996, the South Burlington Planning Commission approved
the request of Technology Park Associates for final plat approval under Section 204
of the South Burlington Subdivision Regulations based on the following findings:
1. This project consists of the resubdivision of two (2) lots consisting of
approximately 160 acres of land into 12 lots (i.e., ten (10) developable lots) ranging
in size from 6.59 acres to 31.11 acres, former Digital property. The preliminary plat
was approved on 11 / 14 / 95 .
2. Access: Access to the proposed subdivision will be via the existing access road.
A new cul-de-sac street will be constructed serving lots #9, 10 and 11. Existing lots
#2 and 3 will be served by a shared access on Kimball Avenue and existing lots #1
and #4 by the existing access road. A 60 foot r. o . w. connection is being reserved
to the Tilley parcel to the west and to the Willis parcel to the east.
3. Preliminary plat approval allowed the applicant to phase the construction of
improvements to the "loop" road prior to occupancy of two (2) of the currently
undeveloped internal lots (i. e . , lots #6, 7 , 9,10,11,12,13,14) , or within five (5) years
from the date the existing building, or a portion thereof, on lot #8a (i.e. , former
Digital building) is first occupied, whichever first occurs. The proposed cul-de-sac
street will be constructed to City standard at the time of construction.
4. Lot size/frontage: The minimum lot size of 40,000 square feet is being met by all
lots.
The minimum frontage requirement of 120 feet on a local street and 200 feet on an
arterial or collector is being met.
5. Coverage/setbacks (lot #8a) : Building coverage is 20.6% (maximum allowed is
30 0) . Overall coverage is 53.7% (maximum allowed is 70%) . Front yard coverage is
6.7% ( maximum allowed is 30%) .
Setback requirements are being met.
6. Recreation paths: The plans show a 10 foot wide recreation path along the entire
frontage on Kimball Avenue and Shunpike Road. This was a requirement of
preliminary plat condition #10. This condition also required that this recreation path
be constructed prior to occupancy of the first building constructed on either lots #1-
7 or 9-14. A 20 foot wide recreation path easement will be provided along Muddy
Brook as recommended by the Recreation Path Committee.
7. C.O. District: The preliminary plat shows the C.O. District associated with
Potash Brook, Muddy Brook, the two (2) drainage ponds and along I-89.
8. A portion of the proposed cul-de-sac street will be located in a C.O. District.
The Planning Commission may approve this encroachment if it will not significantly
affect adversely the attributes provided in Section 3.503(a) - (e) of the zoning
regulations. The applicant submitted a report addressing these criteria which was
reviewed at preliminary plat approval. The Commission approved this encroachment
as part of preliminary plat approval (condition #12) .
9. Sidewalks: The proposed bike path along Kimball Avenue and Shunpike Road will
also serve as a sidewalk. A condition in the previous subdivision approval required
that the bike path along Kimball Avenue be constructed prior to occupancy of a
building on lots 1-4. Preliminary plat condition #10 extended this condition to all
new lots being created (i.e., lots 1-7 and 9-14) .
10. Sewer: The additional sewer allocation requested is 27,672 gpd. Lot 6 (Digital
building lot) was previously allocated 14,000 gpd. Preliminary plat condition #11
approved the sewer allocation for 10 years from the date of final approval. Any lots
which have not been developed within 10 years would lose their allocation unless
reapproved by the Planning Commission. The developer of each lot will be required
to pay the per gallon fee prior to permit issuance.
11. Traffic: Condition #15 of the preliminary plat approval required that the
specific number of approved trip ends be determined at final plat. The applicant has
submitted a Memorandum and Request for Traffic Allocation. In this request, the
applicant indicated that ITE estimates that 1800 employees result in 647 vehicle trip
ends (vte's) during the P.M. peak hour.
12. Staff recommended that the Commission approve 647 peak hour vte's for the 14
lots. These trip ends should be monitored on a square footage basis rather than an
employee basis as is typically done in all other developments. Square footage
changes are less frequent and easier for staff to monitor. Based on this concept,
243.4 trip ends are currently allocated to the existing building on lot 8a, leaving
403.5 trips available for the other eleven lots.
13. Airport Approach Cone: A portion of this property is located within the Airport
Approach Cone. The boundaries of the approach cone are shown on the plat.
14. Undevelopable lots: Lots #8b and 8c will be undevelopable due to configuration,
C.O. District, wetland and floodplain restrictions. Preliminary plat condition #13
required that prior to recording the final plat plans, the applicant record a "Notice
of Condition" which clearly indicates that lots #8b and 8c are undevelopable .
15. Street trees: Applicant is proposing street trees along the new cul-de-sac
street. These trees .have a value of $6435. Applicant will plant street trees along
the "loop" road as part of the phased improvements.
16. Lighting: Existing street lighting along the access road consist of 180 watt low
pressure sodium lamps on 30 foot poles. Current zoning standards limit pole heights
to 20 feet. The applicant was granted a waiver at preliminary plat approval from the
requirement that street lights be provided along the cul-de-sac street (preliminary
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plat condition #17) . The applicant should submit written confirmation from GMP that
they will maintain the existing street lights along the existing "loop" road
(preliminary plat condition #16) .
17. Street names: Applicant has submitted "Technology Drive" for the "loop" road
and "Technology Way" for the new cul-de-sac street.
18. Wetlands: Only wetlands outside of the C . O. zone have been delineated and
these are shown on the plat.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission
approves the final plat application of Technology Park Associates for resubdivision
of two (2) lots consisting of approximately 160 acres of land into 12 lots (i.e., ten
(10) developable lots) ranging in size from 6.59 acres to 31.11 acres, former Digital
Property, Kimball Avenue, as depicted on a 15 page set of plans, page two (2)
entitled "Subdivision Plat, Technology Park, 115 Kimball Avenue, South Burlington,
Vermont, " prepared by Trudell Consulting Engineers, Inc. , dated 2 / 1 / 96, with the
following stipulations:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
2. Prior to issuance of a zoning permit for either of lots 1-7 and 9-14, any further
occupancy of the existing building on lot 8a, or start of utility or road construction,
all appropriate legal documents including easements (e.g., irrevocable offer of
dedication and warranty deeds for proposed public roads, and utility, sewer,
drainage, water, recreation path, and access easements, etc.) shall be submitted to
the City Attorney for approval and recorded in the South Burlington land records.
3. The applicant shall be responsible for the following improvements to the "loop"
road prior to occupancy of two (2) of the currently undeveloped internal lots (i.e. ,
lots #6, 7, 9, 10, 11, 12, 13, 14) , or by spring, year 2001, whichever first occurs:
a) widen road to 30 feet with appropriate base
b) install curbs along entire length
c) install appropriate drainage
d) resurface with new layer of pavement
4. The "loop" road shall be brought into full compliance with City standards,
including the construction of a sidewalk or recreation path and installation of street
trees, prior to occupancy of four (4) of the internal lots described in condition #3
above.
5. Prior to issuance of a zoning permit for the second internal lot described in
condition #3 above or start of construction of the road improvements described in
condition #3 above, whichever first occurs, the applicant shall submit to the City
Engineer for approval, detailed plans for the proposed improvements to the "loop"
road described in conditions #3 and #4 above.
6. Prior to start of construction of the improvements described in conditions #3 and
4 above, the applicant shall post a bond which covers the cost of said improvements.
7. Prior to issuance of a zoning permit for either of lots 1-7 and 9-14, or start of
utility construction, bonds to cover the costs of utility and recreation path (i.e.,
bike path) construction shall be posted. The amount of the bond shall be approved
by the City Engineer.
8. In accordance with Section 301.5 of the subdivision regulations, within 14 days
of completion of required improvements (e. g. , roads, water mains, sanitary sewers,
storm drains, etc.) the developer shall submit to the City Engineer "as -built"
construction drawings certified by a registered engineer.
9. The applicant shall construct a 10 foot wide recreation path along the entire
frontage on Kimball Avenue and Shunpike Road (approximately 2500 feet) prior to
the occupancy of the first building constructed on either lots #1-7 or 9-14.
10. The Planning Commission approves an additional sewer allocation of 27,672 gpd
for lots #6-14 for a total sewer allocation for lots #6-14 of 41,672 gpd. The sewer
allocation approval shall remain in effect for ten (10) years from the date of final plat
approval. Any lots which have not been developed within 10 years shall lose their
allocation unless reapproved by the Planning Commission. The developer of each lot
shall be required to pay the per gallon fee prior to permit issuance.
11. The Planning Commission approves the encroachment of the proposed cul-de-sac
street into the C.O. District as provided under Section 3.50 of the zoning
regulations. It is the Planning Commission's opinion that this encroachment will not
significantly affect adversely the attributes provided in Section 3.503 (a) - (e) of the
zoning regulations.
12. Prior to recording the final plat plans, the applicant shall record a "Notice of
Condition" approved by the City Attorney which clearly indicates that lots #8b and
8c are undevelopable.
13. The applicant shall post a landscape bond in the amount of $6435 for the
proposed street trees along the cul-de-sac prior to start of construction of the new
cul-de-sac street. This bond shall remain in effect for three (3) years to assure
that the landscaping has taken root and has a good chance of surviving.
14. The entire project (i.e. , lots 1-14) is approved for 647 peak hour vehicle trip
ends (vte's) . Prior to approval of any development within the project which, in
combination with all other previously approved development in the project will exceed
the approved trip end limit, the applicant shall conduct a traffic impact analysis of
the lots which are yet to be developed. Based upon review of the traffic impact
analysis, the Planning Commission may impose appropriate conditions on any and all
lots which are yet to be developed in order to mitigate potential adverse traffic
impacts.
15. Prior to recording the final plat, the applicant shall submit written confirmation
from GMP that they will maintain the existing street lights along the existing "loop"
road.
16. Pursuant to Section 513 of the subdivision regulations, the Planning Commission
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waives the following requirement:
a) Section 408, street lighting along the proposed cul-de-sac street.
17. Any change to the plat shall require approval by the South Burlington Planning
Commission.
18. Electrical and telephone lines for the new street (Technology Way) shall be in
an easement outside of the street r . o . w .
19. The final plat plans shall be recorded in the land records within 90 days or this
approval is null and void. The plan shall be signed by the Planning Commission
Chair or Clerk prior to recording.
Chairman or C_ je
South Burlington Planning Commission