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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 #SP-22-047 2 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. #SP-22-047 3 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. #SP-22-047 4 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 #SP-22-047 5 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. #SP-22-047 6 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. #SP-22-047 7 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. #SP-22-047 8 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. #SP-22-047 9 RECOMMENDATION Staff recommends that the Board work with the applicant to address the issues identified herein. Respectfully submitted, Marla Keene, Development Review Planner