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HomeMy WebLinkAboutSP-22-023 - Supplemental - 0095 Swift StreetCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SP-22-023_95 Swift Street_City of SB_SC_2022-05-17.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: May 11, 2022 Plans received: April 29, 2022  95 Swift St Site Plan Application #SP-22-023 Meeting date: May 17, 2022  Owner/Applicant City of South Burlington 180 Market Street South Burlington, VT 05403 Engineer Stantec Consulting Services, Inc. 55 Green Mountain Drive South Burlington, VT 05403  Property Information Tax Parcel 1700-00095 Park and Recreation Zoning District, Transit Overlay District   Location Map /   PROJECT DESCRPTION Site plan application #SP-22-023 of the City of South Burlington to construct a stormwater treatment facility within a wetland and wetland buffer, 95 Swift Street. CONTEXT The applicant is proposing to construct a stormwater detention pond on the west end of the Farrell Street Park parcel in order to treat runoff from Lindenwood Drive, Brewer Parkway and the City’s recreation path. The project is located within the habitat block overlay district, shown in green on the above location map. The pond is located within a class II wetland buffer and the outlet structure of the pond is located within the class II wetland itself. The project was identified in the Potash Brook Floor Restoration plan to manage runoff from approximately 2 acres of impervious surface which is tributary to Potash Brook. COMMENTS Planning Director Paul Conner and Development Review Planner Marla Keene (“Planning Staff”) have reviewed the plans submitted on 4/29/2022 and offer the following comments. Numbered comments for the Board’s attention are indicated in red. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS 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: The proposed use will provide an affirmative public benefit to the City and its citizens. The purpose of the project is to treat runoff from Lindenwood Drive, Brewer Parkway, and the City’s recreation path. Staff considers this criterion met. 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 limited impact on public recreation use. It will replace a currently wooded area with a fenced stormwater treatment pond. The principal use of this portion of the parcel is as a recreation path. The recreation path will be retained. Staff considers this criterion met. The proposed use will include areas that may be used or accessed by the general public. The project will install a fence around the pond. The existing recreation path will be retained. Staff considers this criterion met. 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, pedestrian movement, or parking are proposed. Planting is discussed under 13.04 below. (2) Parking No changes to parking are proposed. B. Relationship of Structures and Site to Adjoining Area. 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. 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 to buildings or structures 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. Applicable standards include 12.04 Habitat Block Overlay District and 12.06 Wetland Protection Standards and Review Procedures. 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 provide stormwater treatment. The standards mentioned in this criterion are included in Article 13 and are discussed below. 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. ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS The project is located both in a Habitat Block and in a Class II wetland and wetland buffer. 12.04 Habitat Block Overlay District H. Development within Habitat Blocks. The encroachment of new development activities into, and the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited. However, the DRB may allow the following types of development within a Habitat Block pursuant to the standards contained herein: Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental standards: Stormwater facilities specifically identified as a part of an Environmental Restoration Project are an allowed type of Restricted Infrastructure Development under 12.02B(5) and 12.02C(3). Standards for Restricted Infrastructure Encroachment are defined in 12.02E, as follows. 12.02E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards: The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04). The Board must find that the proposed stormwater treatment facility has no undue adverse effect on the habitat block. Staff considers the criteria of 12.04H(1) define what constitutes an undue adverse effect on the habitat block: The facility shall be strictly limited to the minimum width necessary to function for its intended purposes; At the time of this writing, the applicant has not provided information demonstrating that the project is the minimum size necessary to achieve treatment of the tributary runoff. If the project is oversized, for instance to over-treat runoff as offset for runoff which cannot be captured in a stormwater treatment practice, the Board may require demonstration that the benefit of the oversized system outweighs the detriment to the habitat block. Staff recommends the Board discuss with the applicant whether this criterion is met. The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width necessary for the facility to function for its intended purposes (street tree requirements shall not apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet State or Federal law; and, Tree clearing is limited to the immediate area of the treatment facility and maintenance access. If the facility is determined to be the minimum necessary size in (a) above, Staff considers this criterion will be met. Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts. The provided detail indicates that the stormwater facility will be surrounded by a three-rail split rail fence backed by a PVC coated wire fence. The bottom of the fence will be located 3 inches above the ground. Staff considers this criterion to not have been addressed and recommends the Board discuss it with the applicant. 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 approval as a Restricted Infrastructure Encroachment. 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. Plan sheet 10 shows the wetland and a 50-ft wetland buffer. The wetland buffer is in fact 100-ft. The existing uses of the property are located between the wetland and the proposed stormwater treatment practice, and there is an existing forest along the retained portion of the wetland buffer. The applicant is proposing a fence surrounding the stormwater treatment practice. Staff recommends the Board consider waiver of the requirement to provide fencing along the wetland buffer, and, as a separate issue, discuss with the applicant how wildlife passage will be accommodated. (4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. 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. The applicant is proposing to create a newly maintained area within the wetland buffer. Staff recommends the Board allow the expansion if the stormwater treatment facility is otherwise permitted under 12.06D(5) Restricted Infrastructure Encroachment. (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. D) SUPPLEMENTAL STANDARDS 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 provided the following narrative response to this criterion. This project was surveyed per VTrans standards which does not identify individual trees in wooded areas. The only tree greater than six inches being removed is the 6” maple where the pretreatment tank will be. Size and type of trees along Lindenwood Drive are called out on the plans – none of these will be impacted by the project. Please see the Clearing Plan Sheet attached which shows exactly where the clearing is to occur. The protective measures will be the PDF fence and Barrier Fence as shown on the Sheet 14 and 15 of the original submittal. The project, and proposed tree clearing, is located in a habitat block. Staff considers the standards of the habitat block to be more restrictive and therefore govern this application. The applicant is proposing to remove one tree which is located outside the habitat block and replace it with a tree of the same genus of 2.5 – 3 inch caliper. Staff considers this criterion met. RECOMMENDATION Staff recommends that the Board work with the applicant to address the issues identified herein. Respectfully submitted, / Marla Keene, Development Review Planner