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HomeMy WebLinkAboutSP-22-054 - Decision - 0800 Hinesburg Road#SP-22-054 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON – 800 HINESBURG ROAD SITE PLAN APPLICATION #SP-22-054 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 56,000 sf 2-story office building and associated parking area. The amendment consists of the construction of a new gravel wetland stormwater pond, 800 Hinesburg Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval to amend a previously approved plan for a 56,000 sf 2-story office building and associated parking area. The amendment consists of the construction of a new gravel wetland stormwater pond, 800 Hinesburg Road. 2. The owner of record of the subject property is Waterloo Real Estate Group, LLC. 3. The subject property is located in the Industrial & Open Space Zoning District and the Wetland Advisory Layer. 4. The application was received on November 7, 2022. 5. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C1.0; Existing Conditions Plan Civil Engineering Associates 8/8/2022 C2.0; Proposed Conditions Plan Civil Engineering Associates 12/20/2022 C2.1; Proposed Gravel Wetland Civil Engineering Associates 12/12/2022 C3.0; EPSC Site Plan Civil Engineering Associates 11/18/2022 C3.1; EPSC Details and Notes Civil Engineering Associates 8/8/2022 C4.0; Details Civil Engineering Associates 8/8/2022 C4.1; Details Civil Engineering Associates 8/8/2022 C4.2; Gravel Wetland Section And Miscellaneous Details Civil Engineering Associates 12/12/2022 C5.0; Specifications Civil Engineering Associates 8/8/2022 C5.1; Specifications Civil Engineering Associates 8/8/2022 C5.2; Specifications Civil Engineering Associates 8/8/2022 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions No changes affecting compliance with these standards are proposed. #SP-22-054 2 SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 12.06 Wetland Protection Standard 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 not proposing any development within the existing Class II wetland or the associated buffer, as the proposed stormwater pond will be located just outside of this buffer. (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 Administrative Officer finds that the applicant shall re-establish and re-vegetate the wetland buffer as described under Article 12.06.D(4a) below. Until such time as the wetland buffer has been re-established and re-vegetated, the applicant shall install and maintain fencing along the perimeter of the wetlands buffer. The proposed fence consists of three-foot- high wooden stakes spaced 20 feet apart with a yellow nylon rope running between the stakes. This proposed fence will clearly identify the wetland buffer, where neither lawn mowing nor brush-hogging is permitted, while allowing for wildlife passage across the boundary, until such time as adequate demarcation consisting of vegetation is established. (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. The existing lawn on this property extends into the wetland buffer. This lawn was never shown on an approved site plan and therefore has neither been directly nor indirectly permitted. As such, the portions of the lawn that extend into the wetland buffer are not legally in existence today and were not legally in existence at the time this regulation became effective. For that reason, the portions of the lawn that extend into the wetland buffer may not continue to exist or continue to be mowed. 13.03 Bicycle Parking and Storage Table 13-3 specifies the minimum number of short-term bicycle parking spaces for any office use to be 1 per 5,000 square feet GFA. The square footage of this office building complex was listed at 65,800 sf in the most recently approved Site Plan application for this property, requiring 14 bicycle parking spaces. The applicant is proposing to install seven ‘inverted U’-style bike racks, which can accommodate 14 bicycles, and adhere to the design guidelines laid out in Section 13.03.B(2) of the #SP-22-054 3 LDRs. The proposed bike parking spaces are shown on the site plan. As such, the Administrative Officer finds this criterion met. 13.04 Snow Storage Per Section 13.04(B)(7), “snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface water.” The snow storage area is indicated on the site plan. The Administrative Officer find this criterion met. 13.07 Exterior Lighting Per Section 13.07.A, exterior lighting “shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street”. There are no lighting impacts proposed as part of this application. 14.07 Disposal of Wastes Per Section 14.07.I, dumpsters “shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s)”. The existing dumpster and screening fence meets these standards, and no changes or alterations to the dumpster enclosure are being proposed as part of this application. As such, the Administrative Officer finds this criterion met. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-054 of Pizzagalli Properties, LLC, 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. The plans must be revised to show the changes below and shall require approval of the Administrative Officer prior to issuance of a zoning permit: a. The “no mow” fence detail shall be revised to specify that post shall be spaced at 20’ O.C. (MAX.) 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. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 8. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers within either the wetlands or the associated buffers. Prior to issuance of a zoning permit, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. #SP-22-054 4 9. There will be no mowing within 50 feet of the wetlands, nor can the wetland buffers be turned into or maintained as lawn. Neither mowing nor brush-hogging will not be allowed in the wetland buffer. Prior to issuance of a zoning permit, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. 10. 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. 11. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 13. 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. 14. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 15. 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. Signed on this 20th day of December, 2022 by _________________________________________ Marty Gillies, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.