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HomeMy WebLinkAboutSP-23-012 - Decision - 0705 Spear Street#SP-23-012 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING UNIVERSITY OF VERMONT – 705 SPEAR STREET SITE PLAN APPLICATION #SP-23-012 FINDINGS OF FACT AND DECISION Site plan application #SP-23-012 of the University of Vermont to amend the plan for an existing research and educational facility. The amendment consists of adding outdoor storage as a use, 705 Spear Street. The Development Review Board held a public hearing on May 2, 2023. The applicant was represented by Lani Ravin, David Blatchly (UVM), and Derick Reed. 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, hereinafter referred to as the applicant, is seeking to amend the plan for an existing research and educational facility. The amendment consists of adding outdoor storage as a use, 705 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. 4. Portions of the subject which are not proposed to be impacted are located within the River Corridor Overlay District, the 500-Year Floodplain Zone B1 and the Wetland Advisory Layer. 5. The application was received on April 14, 2023. 6. The property is located west of Spear Street and north of Interstate 189. 7. The applicant is proposing 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 is not proposing to store anything else there once this steel is removed. The steel will be stored in an area of approximately 37,200 sf, enclosed by a chain-link fence with opaque privacy slats and underlain by non-woven geotextile fabric. A public hearing is required to add outdoor storage to a property. 8. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: SP-1; Overall Site Plan Krebs & Lansing 3/24/2023 C-1.0; Site Plan Krebs & Lansing 4/18/2023 C-1.1; Civil Details Krebs & Lansing 3/24/2023 not numbered; Fence Details Hawk Creek Fence, LLC 8/4/2021 #SP-23-012 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 proposed to be stored more than 200 feet from the adjacent residential district. No changes within 100 feet 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 one plan (sheet C-1.0) that shows the proposed site plan and includes notes detailing 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 site restoration to convert the site from what is represented on sheet C-1.0 to what is described in the restoration notes included on sheets C-1.0 and C- 1.1, since the restoration will represent a change to an approved site plan. #SP-23-012 3 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. The applicant is proposing to place gravel to temporarily stabilize an existing farm road access and the area immediately adjacent to the proposed steel storage area. Once the steel has been transported to this location, the gravel will be removed, but will be temporarily re-installed when the steel is removed from this site. As such, no permanent changes and 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. #SP-23-012 4 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 Class II wetland and wetland buffer. Class II wetlands are subject to a 100-ft buffer. The southerly portion of the wetland was last delineated in May of 2020 and the northerly portion was delineated in May 2022. Wetland delineations are valid for 5 years. As the project is located entirely outside of this wetland buffer, the Board finds the wetland protection standards not to be applicable for this project. 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. #SP-23-012 5 D) SUPPLEMENTAL STANDARDS 13.03 Bicycle Parking and Storage Educational facilities are required to provide one short-term bicycle parking space per 20 students. As approved via Site Plan application SP-21-042, this property has four ‘inverted-U’ style bike racks, providing eight short-term bicycle parking spaces. This existing bike rack serves 160 students, far more than the maximum capacity for students at the facility. As such, the Board finds this criterion met. 13.04 Snow Storage The existing snow storage areas are shown on the plans. The applicant has testified that the steel will not need to be accessed until such time as it is permanently removed from this steel storage area and further testified that the steel storage area will not require any snow removal and won’t impact the existing snow storage capacity at the site. 13.05 Stormwater Management The Stormwater Superintendent reviewed the proposal on Wednesday, April 14, and offered the following comments: 1. Stormwater staff recommends the Board require the applicant to install and maintain silt fence as follows: 2. Silt fence should be installed along the entire northern edge of the proposed access drive in addition to what is shown on sheet C-1.0, dated 3/24/2023. 3. The silt fence should be installed prior to any ground disturbance associated with access drive installation and/or steel movement activities. 4. The silt fence should remain in place and be maintained until the disturbed area has been adequately stabilized and revegetated. The Board finds that the applicant must comply with all comments of the Stormwater Superintendent as a condition of approval. 13.07 Exterior Lighting No changes affecting compliance with this criterion are 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 facility, the proposed storage of construction materials is appurtenant to the primary use despite being on a separate property from the construction project. #SP-23-012 6 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 will be surrounded by an 8-foot-tall chain-link fence, outfitted with opaque privacy slats. The Board finds the materials shall be stored in stacks not exceeding 7 feet in height, and as such, will not be visible from outside the fence. Residential buffer standards are addressed in 7.01 above. DECISION Motioned by Quin Mann, seconded by John Moscatelli, to approve site plan application #SP-23-012 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 demonstrate compliance with all comments of the Stormwater Superintendent prior to issuance of a Zoning permit. 5. 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. 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 continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9. 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. 10. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 11. 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 described in the restoration notes included on sheets C-1.0 and C-1.1, since the restoration will represent a change to an approved site plan. #SP-23-012 7 12. 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. 13. The materials shall be stored in stacks not exceeding 7 feet in height. 14. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 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. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present John Moscatelli 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 4 – 0 – 0. Signed this ____ day of May, 2023, 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 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.