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HomeMy WebLinkAboutSP-22-047 - Decision - 0650 Spear Street#SP-22-047 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY OF VERMONT – 650 SPEAR STREET SITE PLAN APPLICATION #SP-22-047 FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on October 18, 2022. The applicant was represented by Lani Ravin, Derick Reed, and Luce Hillman. 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 University of Vermont is seeking to amend the plan for an existing agricultural complex. The amendment consists of adding outdoor storage as a use, 650 Spear Street. 2. The owner of record of the subject property is The University of Vermont & State Agricultural College. 3. The subject property is located in the Institutional & Agricultural South Zoning District, the Interstate Highway Overlay District, River Corridor Overlay District and the Environmental Hazards Wetland Overlay. 4. The application was received on September 13, 2022. 5. The applicant is seeking site plan approval to approve 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 16,000 sf, enclosed by a berm, partially overlapping the compost pad, and underlain by filter fabric. 6. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C-1.0 Site Plan Krebs & Lansing 10/17/2022 C-1.1 Site Restoration Plan Krebs & Lansing 10/17/2022 C-2.0 Existing Conditions Site Plan Krebs & Lansing 10/17/2022 C-3.0 Erosion Prevention & Sediment Control Details Krebs & Lansing 01/19/2022 #SP-22-047 2 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. 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. 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. #SP-22-047 3 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. The Board finds the applicant must 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 the Board approves both plans as the “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. 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] #SP-22-047 4 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) ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS 12.06 Wetland 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 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. #SP-22-047 5 • 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. 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. If a new wetland delineation were performed, the wetland may therefore be classified as Class II under current State wetland rules. • 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. Based on topography, the Board finds it to be sufficiently unlikely that a combination of changes has occurred which would result in wetland or wetland buffer impacts, and therefore finds no wetland classification and delineation to be necessary. The Board further finds it to be unnecessary 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, the Board finds this criterion to be not applicable. 13.05 Stormwater Management #SP-22-047 6 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. The Board finds, as an educational support facility, the proposed storage of construction materials for is appurtenant to the primary use despite being on a separate property from the construction project. The Board finds the applicant to be prohibited from storing materials other than those related to construction of a building, and to be prohibited from expanding the area of storage without a site plan amendment. (2) 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. The steel is not visible from the interstate ramp or from Spear Street. Residential buffer standards are addressed in 7.01 above. DECISION Motioned by Quin Mann, seconded by Stephanie Wyman, to approve site plan application #SP-22-047 of The University of Vermont, 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. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 4. 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. #SP-22-047 7 5. 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. 6. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 8. 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. 9. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 10. The applicant must 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 the Board approves both plans as the “approved site plan.” 11. The applicant is prohibited from storing materials other than those related to construction of a building, and is prohibited from expanding the area of storage without a site plan amendment. 12. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 13. 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 John Stern Yea Nay Abstain Not Present Motion carried by a vote of 5 - 0 - 1. Signed this ____ day of November, 2022, by _____________________________________ Dawn Philibert, Chair 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 #SP-22-047 8 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.