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HomeMy WebLinkAboutSP-22-023 - Decision - 0095 Swift Street#SP-22-023 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON – 95 SWIFT STREET SITE PLAN APPLICATION #SP-22-023 FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on May 17, 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 construct a stormwater treatment facility within a wetland and wetland buffer, 95 Swift Street. 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 Transit Overlay District. 4. The application was received on April 29, 2022. 5. 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 6. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: Cover Sheet Stantec Undated 2 of 22 General Notes Stantec 04/15/2022 3 of 22 Typical Section Sheet 1 Stantec 04/15/2022 4 of 22 Detail Sheet 1 Stantec 04/15/2022 5 of 22 Detail Sheet 2 Stantec 04/15/2022 6 of 22 Detail Sheet 3 Stantec 04/15/2022 7 of 22 Quantity Sheet 1 Stantec Undated 8 of 22 Conventional Legend & Symbology Sheet Stantec 04/15/2022 9 of 22 Plan & Profile Sheet 1 Stantec Undated 10 of 22 Plan & Profile Sheet 2 Stantec Undated #SP-22-023 2 11 of 22 Drainage Profiles Stantec Undated 12 of 22 Roadway Profile Stantec Undated 13 of 22 Erosion Control Plan Sheet 1 Stantec Undated 14 of 22 Erosion Control Plan Sheet 2 Stantec Undated 15 of 22 Erosion Control Details Stantec Undated XS-2 Roadway Cross Sections Sheet 2 Stantec Undated XS-1 Roadway Cross Sections Sheet 1 Stantec Undated XS-3 Basin Cross Sections Sheet 1 Stantec Undated XS-4 Basin Cross Sections Sheet 2 Stantec Undated XS-5 Basin Cross Sections Sheet 3 Stantec Undated 21 of 22 Construction Approach Sign Sheet Stantec 04/15/2022 22 of 22 Pedestrian Traffic Control Plan Stantec 04/15/2022 1 of 1 Wetland Impact Sheet Stantec Undated A) 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: (1) 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. 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 limited impact on public recreation use. It will replace a currently wooded area with a stormwater treatment pond. The principal use of this portion of the parcel is as a recreation path. The recreation path will be retained. The Board finds this criterion met. (3) The proposed use will include areas that may be used or accessed by the general public. The existing recreation path will be retained. Only a portion of the stormwater treatment pond will be fenced. 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, pedestrian movement, or parking are proposed. Planting is discussed under 13.04 below. #SP-22-023 3 (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 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 #SP-22-023 4 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) 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: (1) 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. The criteria of 12.04H(1) define what constitutes an undue adverse effect on the habitat block: a) The facility shall be strictly limited to the minimum width necessary to function for its intended purposes; #SP-22-023 5 The applicant testified that the depth and size of the stormwater pond is drive by the depth of the tributary stormwater conveyance system and the elevation at which that system overtops. The Board finds this criterion met. b) 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. The Board finds this criterion met. c) 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 fence backed by a PVC coated wire fence. The bottom of the fence will be located 3 inches above the ground. The Board finds the applicant shall replace the proposed three-rail fence with a split rail fence extending only along the portion of the stormwater pond that is adjacent to the bike path. The split rail fence shall not be wire backed. The purpose of the fence will be to guide cyclists away from the pond. 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. (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 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 Board waives the requirement to provide landscaping or fencing along the retained portion of the wetland buffer because it is currently demarcated by an existing forest. (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. #SP-22-023 6 The applicant is proposing to create a newly maintained area within the wetland buffer. The Board finds the area to be permitted under 12.06D(5) Restricted Infrastructure Encroachment as a stormwater treatment facility. (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. The Board finds 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. The Board finds this criterion met. DECISION Motioned by Mark Behr, seconded by Quin Mann, to approve site plan application #SP-22-023 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. #SP-22-023 7 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 plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Replace the proposed three-rail fence with a split rail fence extending only along the portion of the stormwater pond that is adjacent to the bike path. The split rail fence shall not be wire backed. 4. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 5. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 6. 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. 7. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 8. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 12. 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 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 5 - 0 - 0. Signed this ____ day of June, 2022, by _____________________________________ Dan Albrecht, Vice Chair #SP-22-023 8 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.