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HomeMy WebLinkAboutSP-22-014 - Decision - 0033 Andrews Avenue#SP-22-014 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON – 33 ANDREWS AVENUE SITE PLAN APPLICATION #SP-22-014 FINDINGS OF FACT AND DECISION Site plan application #SP-22-014 of the City of South Burlington to redevelop a stormwater swale by removing soil materials within an existing class II wetland and buffer within Szymanski Park, 33 Andrews Avenue. 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 redevelop a stormwater swale by removing soil materials within an existing class II wetland and buffer within Szymanski Park, 33 Andrews Avenue. 2. The owner of record of the subject property is the City of South Burlington. 3. The subject property is located in the Park and Recreation 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 partially in Szymanski Park. 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. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS #SP-22-014 2 Setbacks, Coverages & Lot Dimensions No changes affecting compliance with these standards are proposed Zoning District Requirements – Park and Recreation District All applications within this District shall be subject to the following additional standards: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. The purpose of the project is to restore drainage to reduce flooding in the Stonehedge neighborhood. The Board finds this criterion met. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. The project will have no impact on public recreation use. Discussion of impacts to natural areas is included below under wetland protection standards. The Board finds this criterion met. (3) The proposed use will include areas that may be used or accessed by the general public. The area is partially accessible to the public. An existing fence surrounds the stormwater pond. The Board finds this criterion met. 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. #SP-22-014 3 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. 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 #SP-22-014 4 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. 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 are 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, #SP-22-014 5 (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. (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 1,785 SF of existing class II wetland and 97 SF of associated buffer. Required excavation and removal of ~72 yards of fill on the City 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 Park and Recreation District is hereby formed in order to provide for the recreational needs of the City's residents, to provide a balance between developed recreation areas and natural recreation areas, to integrate private parks into the recreation system, and to make recreation areas accessible to all residents regardless of physical ability. 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. #SP-22-014 6 (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-22-014 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. 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 #SP-22-014 7 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. 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.