HomeMy WebLinkAboutSP-95-0003 - Decision - 0030 Community DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Technology Park Associates
for resubdivision of a 157 acre lot into eleven (11) lots ( nine ( 9 )
developable lots) and resubdivision of one (1) lot (lot #5) of a
previously approved six (6) lot subdivision, former Digital plant,
115 Kimball Avenue.
On the 14th day of November, 1995, the South Burlington Planning
Commission approved the request of Technology Park Associates for
preliminary plat approval under Section 203 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of the subdivision of a 155.5 acre parcel
(former Digital property) into 10 lots ranging in size from 31.11
acres to 6.59 acres and the resubdivision of a previously approved
lot (lot #5). The sketch plan was reviewed on 9/26/95.
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.
3. The applicant requested at the meeting 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.
5. The minimum frontage requirement of 120 feet on a local street
and 200 feet on an arterial or collector is being met.
6. Coverage/setbacks (lot #8a): Building coverage is 20.6%
(maximum allowed is 30%). Overall coverage is 53.7% (maximum
allowed is 70%). Front yard coverage is 6.7% (maximum allowed is
30%).
Setback requirements are being met.
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7. Recreation paths: The preliminary plat shows the bikepath
easements as approved on 3/14/95. The Recreation Path Committee
requested that if sidewalks are required along the existing access
road that they be eight (8) foot wide paved paths instead of the
five (5) foot wide concrete sidewalk.
8. 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.
9. 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 has submitted a report addressing these
criteria.
10. 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. Staff recommended that this condition be extended to all
new lots being created (i.e., lots 1-7 and 9-14).
11. Sewer: The additional sewer allocation requested is 27,672
gpd. Lot 6 (Digital building lot) was previously allocated 14,000
gpd. The developer of each lot will be required to pay the per
gallon fee prior to permit issuance.
12. Traffic: At the sketch plan hearing, the Commission had asked
that a traffic impact analysis be conducted. The applicant opted
to not conduct such a study and is instead requesting that the
Commission allow the total number of trip ends which were approved
by the State for Digital in 1977 to be allocated amongst the new
lots. It appears that the State originally estimated and approved
1,000 P.M. peak hour trip ends for a 520,000 square foot facility
(only 270,000 square feet were ultimately constructed). The
specific number of approved trip ends will be determined at final
plat. Applicant suggested that 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 would conduct a traffic
impact analysis of the lots which are yet to be developed.
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 preliminary plat.
14. Undevelopable lots: Lots #8b and 8c will be undevelopable due
to configuration, C.O. District, wetland and floodplain
restrictions. Some sort of legal document such as a "Notice of
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Condition" should be recorded to clearly indicate that these lots
are non -developable.
15. Street trees: Applicant is proposing street trees along the
new cul-de-sac street. These trees have a value of $5740.
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.
17. Applicant requested a waiver from Section 408 of the
subdivision regulations for street lighting along the new cul-de-
sac street. Applicant has indicated that GMP will maintain the
existing street lights. Written confirmation from GMP should be
submitted indicating that they would maintain these lights.
18. Street names: Applicant has submitted "Technology Drive" for
the name of the new cul-de-sac street. Applicant should also
submit a name for the existing access road.
19. 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 preliminary plat application of Technology
Park Associates for resubdivision of a 157 acre lot into eleven
(11) lots (nine (9) developable lots), and resubdivision of one (1)
lot (lot #5) of a previously approved six (6) lot subdivision,
former Digital plant, 115 Kimball Avenue, as depicted on a 13 page
set of plans, page one (1) entitled "Digital Equipment Corp.,
Shunpike Rd., So. Burlington, VT., Subdivision Plat", prepared by
Trudell Consulting Engineers, Inc. dated 12/21/94, last revised
5/23/95, 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 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.
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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 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:
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 plans shall be revised prior to final plat submittal as
follows:
a) Sheet SP1 shall be revised to show a street name approved
by the City Planner for the existing "loop" road.
b) The plans shall be revised to show a 60 foot r.o.w.
reserved along the boundary between lots 9 and 8b
extending from the cul-de-sac to the Town line of
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Williston.
c) The plans shall be revised to show the proposed cul-de-
sac (i.e., Technology Drive) in compliance with City
standards for public roads.
10. 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.
11. 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.
12. 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.
13. 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.
14. The applicant shall post a landscape bond in the amount of
$5740 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.
15. The entire project (i.e., lots 1-14) is approved for the
number of P.M. peak hour trip ends which were theoretically
approved for Digital in the late 1970's. The specific number of
approved trip ends will be determined at final plat. 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.
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16. Prior to final plat submittal, the applicant shall submit
written confirmation from GMP that they will maintain the existing
street lights along the existing "loop" road.
17. Pursuant to Section 513 of the subdivision regulations, the
Planning Commission waives the following requirements:
a) Section 408, street lighting along the proposed cul-de-sac
street.
18. The final plat application shall be submitted within 12 months
or this preliminary plat approval is null and void.
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Chairman or Clerk
South Burlington Planning Commission
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Date
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