HomeMy WebLinkAboutSP-22-013 - Decision - 0000 Stonehedge Drive#SP-22-013
1
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON – STONEHEDGE DRIVE
SITE PLAN APPLICATION #SP-22-013
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-013 of the City of South Burlington to amend a previously approved plan for
a multi-unit residential complex known as Stonehedge. The amendment consists of redeveloping an
existing stormwater swale by removing soil materials within an existing class II wetland and buffer, 0
Stonehedge Drive.
The Development Review Board held a public hearing on April 19, 2022. The applicant was represented
by Christine Gingras.
Based on the plans and materials contained in the document file for this application, the Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The City of South Burlington is seeking to amend a previously approved plan for a multi-unit
residential complex known as Stonehedge. The amendment consists of redeveloping an existing
stormwater swale by removing soil materials within an existing class II wetland and buffer, 0
Stonehedge Drive.
2. The owner of record of the subject property is Stonehedge South Area Association, Inc.
3. The subject property is located in the Residential 4 Zoning District and the Spear Street-Overlook
Park View Protection Overlay District.
4. The application was received on April 1, 2022.
5. The plans submitted consist of:
Sheet No. & Title Prepared by Plan Last Revised on:
C-1 Title Sheet Dubois & King 03/01/2022
C-2 General Notes Dubois & King 03/01/2022
C-3 Site Plan Dubois & King 03/01/2022
C-4 Details Dubois & King 04/01/2022
C-5 Erosion Control Plan Dubois & King 03/01/2022
W-1 Wetland Impact Plan Dubois & King 04/01/2022
W-2 Wetland Impact Profiles-
Section
Dubois & King 03/01/2022
6. In 2015, the applicant obtained approval for construction of a stormwater treatment and detention
pond located in Stonehedge. This application is to reestablish a conveyance swale to the pond.
7. The swale is located in an existing Class II wetland and wetland buffer. Because the vegetation has
grown up over time, the project proposes to reroute the swale around mature trees.
#SP-22-013
2
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
No changes affecting compliance with these standards are proposed
B) SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Structures to the Site.
(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.
No changes to structures, planting, pedestrian movement, or parking are proposed.
(2) Parking
No changes to parking are proposed,
B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
screens and visual interruptions to create attractive transitions between buildings of different
architectural styles.
(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.
No changes affecting compliance with these criteria are proposed.
14.07 Specific Review Standards
A. Environmental Protection Standards. All proposed development shall be subject to the
applicable requirements of Article 12, Environmental Protection Standards.
Standards of Article 12 are discussed below.
B. Site Design Features. All proposed development shall comply with standards for the placement
of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting,
and other applicable standards related to site design pursuant to these Land Development Regulations.
The purpose of this application is to reestablish a previously existing stormwater conveyance swale. No
changes to site design features are proposed.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
No changes affecting compliance with this criterion are proposed.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the
standards contained therein.
#SP-22-013
3
Building form standards do not apply to this zoning district.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the
City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade
adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards
contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection
shall be construed to limit requirements for additional upgrades as necessary to meet the requirements
of these Regulations.
No modifications to a structure are proposed.
G. 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 or collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
No changes affecting compliance with this criterion are proposed.
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and
Services, shall also be met.
No changes affecting compliance with this criterion are proposed.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, 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, non-dumpster, non-large drum) shall
not be required to be fenced or screened.
No changes affecting compliance with this criterion are proposed.
C) OTHER
13.04 Landscaping, Screening, and Street Trees
I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site
plan shall be maintained by the property owner in a vigorous growing condition throughout the
duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the
next immediately following growing season. Trees with a caliper of less than 5” may be replaced on an
inch-by-inch basis with trees of the same genus of at least 2” caliper each. No permit shall be required
for such replacements provided they conform to the approved site plan. Replacement of trees with a
caliper of greater than 5” shall require an amendment to the site plan.
The applicant is proposing to retain existing trees and shrubs within the project area. The applicant has
included tree protection notes to support protection of existing trees. Work within tree protection areas
will be supervised by the City Arborist. The Board finds this criterion met.
#SP-22-013
4
12.06 Wetland Protection Standards
D. Standards for Wetlands Protection.
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class
II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands,
and their associated buffers, shall be left in an undisturbed, naturally vegetated condition.
However, an applicant may seek approval for a Restricted Infrastructure Encroachment under
this section or to modify this standard per the regulations in Section 12.06(F).
The applicant is seeking to modify this standard per 12.06F(1)(c).
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter
of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any
such landscaping or fencing must accommodate wildlife passage.
The Board finds this standard to be waived since no new uses are proposed of the wetland or wetland
buffer.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a
wetlands buffer that were legally in existence as of the effective date of these regulations
shall be considered non-conforming development. Non-conforming development within a
wetlands buffer may not be expanded.
No expansion of pre-existing features is proposed.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section
12.02 and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider
than 24 feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such
as reduction or elimination of curbing and installation of cross culverts, to enable wildlife
passage.
No roadways are proposed.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of
this section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form-Based Code
Zoning Districts.
(b) Re-development of a pre-existing garden, landscaped area/lawn, public infrastructure,
structure, and impervious surface within a Class II wetland buffer in any zoning district,
provided the relocated area is of equal or smaller size.
#SP-22-013
5
(c) Installation of low-impact development stormwater practices consistent with wetland
functions and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated
buffer within all zoning districts.
The applicant is proposing development consistent with modification (c).
(2) Modification Standards. The Development Review Board may grant a modification from the
rules of this Section only if a modification application meets all of the following standards:
(a) The modification shall be the minimum required to accommodate the proposed
development;
The proposed swale is 1 foot deep (average) and 23 feet wide. The project will permanently
impact 6,330 sf of existing class II wetland and 343 sf of associated buffer. Required excavation
and removal of ~253 yards of fill on the Stonehedge parcel is estimated. The Board finds this
criterion met.
(b) The proposed development will not have an undue adverse effect on the planned
character of the area, as defined by the purpose statement of the zoning district within
which the project is located, or on public health and safety;
The purpose of the zoning district is as follows.
A residential 4 District is hereby formed in order to encourage residential use at moderate
densities that are compatible with existing neighborhoods and undeveloped land adjacent to
those neighborhoods.
The Board finds the proposed development represents an improvement to public health and
safety.
(c) The proposed development will not have an undue adverse effect on the ability of the
property to adequately treat stormwater from the site; and,
The purpose of the project is to improve stormwater treatment. The Board finds this criterion
met.
(d) The proposed development will not have an undue adverse effect upon specific wetland
functions and values identified in the field delineation.
The project obtained Vermont Wetlands Individual Permit 2007-469.04 on November 22, 2021,
which specifically states “the proposed amendment will not result in an undue adverse effect to
any of the functions provided by the Class Two wetland or the adjacent 50-ft buffer zone located
at Stonehedge Drive, South Burlington, Vermont.” The Board finds this criterion met.
DECISION
Motioned by Dawn Philibert, seconded by Stephanie Wyman, to approve site plan application #SP-22-013
of The City of South Burlington, 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 plan submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning as conditioned herein.
#SP-22-013
6
3. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
4. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and
reflector surfaces from view beyond the perimeter of the area to be illuminated.
5. 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.
6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the new uses.
7. Any change to the site plan shall require approval by the South Burlington Development Review Board
or the Administrative Officer as allowed by the Land Development Regulations.
Dan Albrecht Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Jim Langan Yea Nay Abstain Not Present
Quin Mann Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Stephanie Wyman Yea Nay Abstain Not Present
Motion carried by a vote of 6 - 0 - 0.
Signed this ____ day of April, 2022, by
_____________________________________
Dawn Philibert, Chair
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://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
D) The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist