HomeMy WebLinkAboutSP-22-047 - Supplemental - 0650 Spear StreetCITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SP-22-047_650 Spear St_UVM Steel Storage_2022-10-18
DEPARTMENT OF PLANNING & ZONING
Report preparation date: October 12, 2022
Plans received: September 13, 2022
650 Spear Street
Site Plan Application #SP-22-047
Meeting date: October 18, 2022
Owner/Applicant
University of Vermont & State Agricultural College
16 Colchester Avenue
Burlington, VT 05405
Engineer
Krebs & Lansing Consulting Engineers
164 Main Street, Suite 201
Colchester, VT 05446
Property Information
Tax Parcel 1640-00650
Institutional & Agricultural South Zoning District
Environmental Hazards Wetland Overlay, Interstate
Highway Overlay
Location Map
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PROJECT DESCRPTION
Site plan application #SP-22-047 of the University of Vermont to amend the plan for an existing
agricultural complex. The amendment consists of adding outdoor storage as a use, 650 Spear St.
CONTEXT
The applicant is seeking site plan approval to correct a deficiency regarding steel being stored at their
property east of Spear Street and north of I189. The project consists of temporary storage of steel
beams for a building on UVM’s campus in Burlington, though the project is on hold so there is no way to
know the proposed duration of storage, therefore the use is being reviewed as permanent under a site
plan. The applicant does not propose to add more storage, nor do they plan to store anything else there
once this steel is removed. The steel is stored in an area of approximately 16k sf, enclosed by a berm,
partially overlapping the compost pad, and underlain by filter fabric.
COMMENTS
Planning Director Paul Conner and Development Review Planner Marla Keene (“Planning Staff”) have
reviewed the plans submitted on 9/13/2022 and offer the following comments. Numbered comments
for the Board’s attention are indicated in red.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
The steel is considered material storage and not a structure therefore no changes affecting compliance
with these standards are proposed.
7.01 Zoning District Requirements – Institutional & Agricultural South
All applications within this District shall be subject to the following additional standards:
(1) For properties in the Institutional-Agricultural district west of Spear Street and north of Quarry
Hill Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet
between the boundary of any adjacent residential zoning district and any new non-residential
structure. The DRB may require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-
residential structures and adjacent residential districts.
This property is south of Quarry Hill Road. This criterion is not applicable.
(2) For all other properties in the Institutional-Agricultural district, an undeveloped area shall be
maintained for a minimum of one hundred (100) feet between the boundary of any adjacent
residential zoning district. The yard shall be kept free of buildings, structures, parking lots and
facilities, and access drives other than those required to cross through the required yard. The
DRB may require landscaping or other suitable screening in accordance with the provisions of
Section 3.06 of these Regulations to ensure adequate buffering between new non-residential
structures and adjacent residential districts.
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No new structures are proposed. The steel is stored more than 200-ft from the adjacent
residential district. No changes within 100-ft of the residential district are proposed.
(3) Educational facilities and educational support facilities in the Commercial 1 district shall be
subject to the dimensional standards and requirements of the Institutional-Agricultural North
district.
(4) Educational Support Facility. Any Educational Support Facility shall be designed and intended
to function as a complement to the intended educational use of the property. Such uses shall be
secondary to the principal educational use of the property and shall be intended to principally
serve students, faculty, and staff of the educational use.
Appendix C (Table of Uses) enumerates specific uses which are classified as Educational Support
Facilities. These are uses which in other contexts, outside of the I-A district, would be considered
principal uses. Storage is considered an incidental function of the overall use of the property, and
therefore this section is not applicable.
B) SITE PLAN REVIEW STANDARDS
The applicant has provided two plans: a site plan (sheet C-1.0) and a site restoration plan (sheet C-1.1).
Sheet C-1.0 represents the current condition of the site. Sheet C-1.1 represents how the applicant will
restore the site when the steel is removed. Staff recommends the Board include a condition requiring
the applicant to obtain a certificate of occupancy at the time of remediation to convert the site from
what is represented on sheet C-1.0 to what is represented on Sheet C-1.1, since the change will
represent a change to an approved site plan, though Staff considers the Board may accept both plans as
“approved site plan.”
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.
(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.
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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 12.06 Wetland Protection
Standards and Review Procedures and 12.07 River Corridor Overlay District.
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 storage of construction materials. 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
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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
10.03 Interstate Highway Overlay District
While portions of the subject property are located within the Interstate Highway Overlay District, the
proposed modification is outside of the boundaries of the district and therefore these criteria are not
applicable.
C) ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS
The project is located adjacent to a mapped wetland and wetland buffer. The City’s mapping has
indicated the wetland is potentially a Class II. Class II wetlands are subject to a 100-ft buffer. The
applicant last delineated the wetland in 2002, and plans from 2005 (included in the packet for the
Board) indicate it was determined to be a Class III wetland at that time. Class III wetlands are subject to
a 50-ft buffer. Wetland delineations are only valid for 5 years. The applicant has not been able to locate
a field delineation report that accompanied the 2002 delineation.
Staff considers the crux of this application to be whether there is sufficient evidence to determine
whether the proximate wetland is Class II or Class III, and if wetland or wetland buffer impacts are
proposed.
• Regarding whether the wetland is Class II or Class III, the wetland is adjacent to an unnamed
tributary to Potash Brook. Both the tributary and Potash Brook are associated with a mapped
river corridor. Staff therefore anticipates the wetland may be classified as Class II under current
rules. From the Vermont Wetlands Department Guidance on Jurisdiction:
All wetlands contiguous to wetlands shown on the Vermont Significant Wetland
Inventory (VSWI) maps are presumed to be Class II wetlands, unless identified as
Class I or III wetlands, or unless determined otherwise by the Secretary or Panel
pursuant to Section 8 of the Vermont Wetland Rules. In addition, each of the
following wetlands shall be presumed to be Class II wetlands unless determined
otherwise by the Secretary or Panel:
e. The wetland is a headwater wetland.
• Regarding whether wetland or wetland buffer impacts are proposed, the area of impact is
located approximately 120-feet from the wetland, as delineated in 2002. Wetlands tend to
migrate over time. The wetland in this case is encumbered by manmade slopes between it and
the project, therefore the potential for migration is somewhat restricted.
If the wetland is Class II, and if it migrated 20 ft to the east since 2002, the project would be proposing
wetland or wetland buffer impacts.
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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).
Wetlands and buffers may be impacted by restricted infrastructure encroachment. Restricted
infrastructure encroachment is limited to the following types of impacts (paraphrased).
1. underground public utilities
2. public sidewalks and recreation paths providing connection or recreation
3. public and private street crossings
4. public and private driveway crossing
5. stormwater facilities
Since the purpose of the project is storage of construction materials, Staff considers wetland or
wetland buffer impacts would not be allowed as restricted infrastructure encroachment.
In addition to restricted infrastructure encroachment, the Board may modify the applicable
standards for the following types of development.
(a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning
Districts.
This project is not located in a Form Based Code zoning district.
(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.
The project is located in an area which, based on the topography, appears to have been
previously disturbed but not necessarily consist of a pre-existing landscaped area/lawn or
other allowable condition listed in this standard. This standard may become relevant if
wetland buffer impacts exist.
(c) Installation of low-impact development stormwater practices consistent with wetland
functions and plantings with a Class II or Class III wetland buffer.
This project does not propose stormwater practices consistent with wetland functions or
wetland plantings.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.
Depending on the class of wetland, this standard may become relevant if wetland buffer
impacts exist.
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1. Staff recommends the Board determine if they consider there is sufficient likelihood that wetland
buffer impacts are proposed to require the applicant to provide an updated wetland classification
and delineation. If so, Staff recommends the board continue the hearing to allow this work to be
completed. Since the end of field delineation season is rapidly approaching, Staff recommends the
delineation be expedited and the hearing continued to the second November hearing. If the Board
determines it is extremely unlikely wetland buffer impacts are proposed, it will not be necessary
to evaluate the project through the lens of the wetland protection standards.
12.07 River Corridor Overlay District
While portions of the subject property are located within the River Corridor Overlay District, the
proposed modification is outside of the boundaries of the district and therefore these criteria are not
applicable.
D) SUPPLEMENTAL STANDARDS
All projects subject to site plan review, regardless of scale, are required to be brought into compliance
with City standards pertaining to bicycle parking, lighting, and dumpster enclosure.
Since this property has not previously been subject to site plan review due to agricultural use, no previous
review of these criteria has taken place. Dumpster enclosure is addressed under 14.07I above.
13.03 Bicycle Parking and Storage
Bicycle parking for non-residential usage is based on square footage of buildings. Since there are no non-
agriculturally exempt buildings on the property, Staff considers this criterion to be not applicable.
13.05 Stormwater Management
The Deputy Director of Stormwater reviewed the proposal and determined that the project is pervious
for the purpose of stormwater management, therefore no stormwater management practices are
required.
13.07 Exterior Lighting
No exterior lighting is proposed.
13.08 Outside Storage and Display
A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed
only in nonresidential districts and upon approval of the DRB in conjunction with a site plan,
conditional use and/or PUD application.
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2. Staff recommends the Board ask the applicant to describe how the storage of construction materials
for use on a separate property is appurtenant to the primary use of the property at 650 Spear Street.
If the Board find this criterion to be met, Staff recommends the Board include a condition prohibiting
storage of materials other than those related to construction of a building, and prohibit expansion of
the area of storage.
3. The Development Review Board may require that outdoor storage areas in connection with
commercial or industrial uses be enclosed and/or screened where the storage area may
comprise an attractive nuisance, where the proposed use of the storage areas present
opportunities for theft, or where the Board finds that said storage areas are in view of
residentially-zoned parcels.
The storage area is surrounded by a berm which is at least four feet higher than the ground level in
the storage area. Staff has determined that the steel is not visible from the interstate ramp or from
Spear Street. Residential buffer standards are addressed in 7.01 above.
13.11 Fences
The applicant is proposing to remove an existing fence and gate near the Spear Street driveway, and later
replace it when the steel is removed. Staff recommends the Board include a condition requiring the
applicant to comply with the fence requirements of the LDR, which consist of the following.
(1) A fence shall be erected within the boundaries of the applicant’s property and shall be placed
wholly within but not on the property boundaries.
(2) A fence shall be erected so that its smooth or finished side faces an abutting property or
roadway. All fence posts shall be placed on the inside of the fence, except for a fence to contain
livestock.
(3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of
fences near the corner of a property at the intersection of two roads shall provide for a clear
vision area defined as a triangular area formed by the street right-of-way lines at points which
are thirty (30) feet distant from the intersection of the street right-of-way lines and measured
along such lines.
(4) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer.
(5) A fence over eight (8) feet in height shall require approval by the Development Review Board as
a conditional use subject to the provisions of Article 14, Conditional Use Review.
(6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback
requirements for the zoning district, unless otherwise approved by the Development Review
Board as a conditional use subject to the provisions of Article 14, Conditional Use Review.
(7) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or
cause the blockage or damming of surface water.
(8) No fence shall be erected that may create a fire hazard or other dangerous condition or that may result in obstruction to fire fighting.
(9) Fences shall be maintained in a safe and substantial condition.
(10) No fence shall be located or constructed on a terrace or wall that will have an overall
height of more than that permitted, unless otherwise approved by the Development Review
Board as a conditional use subject to the provisions of Article 14, Conditional Use Review.
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RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner