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HomeMy WebLinkAboutAgenda 05_SP-23-031_1250 Spear St_Wielenga_SP#SP-23-031 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CRAIG WIELENGA – 1250 SPEAR STREET SITE PLAN APPLICATION #SP-23-031 FINDINGS OF FACT AND DECISION Craig Wielenga, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 5,620 sf place of worship. The amendment consists of fill removal exceeding 20 cubic yards and associated regrading for the purpose of stormwater management in the rear of the property, and minor site improvements, 1250 Spear Street. The Development Review Board held a public hearing on August 1, 2023. ___ represented the applicant. Based on testimony provided at the above-mentioned public hearings and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a previously approved plan for a 5,620 sf place of worship. The amendment consists of fill removal exceeding 20 cubic yards and associated regrading for the purpose of stormwater management in the rear of the property, and minor site improvements, 1250 Spear Street. 2. The owner of record of the subject property is All Saints Episcopal Church. 3. The subject property is located in the Residential – 2 Zoning District. 4. The application was received on 7/18/2023. 5. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: Location Plan Craig Wielenga 6/13/2023 Existing Grading Craig Wielenga 6/19/2023 Proposed Grading Craig Wielenga 6/20/2023 Proposed Layout Craig Wielenga 6/17/2023 ESPC Plan Craig Wielenga 6/17/2023 ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions The applicant is proposing to pour a concrete walkway as part of this project and thereby increase the impervious surface of the lot. R2 Zoning District Required Proposed  Min. Lot Size, non-residential use 22,000 sf No change Max. Building Height Pitched Roof 28 ft No change #SP-23-031 - 2 - Max. Building Coverage 20% No change @Max. Overall Coverage 40% 14.7% Min. Front Setback 3,000% No change Min. Side Setback 10 ft No change Min. Rear Setback 30 ft No change  = Zoning Compliance @ = This calculation must be updated to reflect any additional impervious surface required for the provision of a stabilized surface for bicycle parking, as required by 13.03 below, prior to issuance of a Zoning Permit. SITE PLAN REVIEW STANDARDS 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. The applicant is proposing to construct a concrete walkway at 5% grade between the existing parking area and the existing entrance to the walkout basement. The proposed concrete walkway will offer a more stable option for movement between the structure and the site. (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. There are no identified Natural Resources or Environmental Hazards on the property – as such, the proposed re-grading does not affect compliance with the requirements of Article 12. 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 re-grade the site to improve stormwater management. The standards mentioned in this criterion are included in Article 14.11 and are discussed below. #SP-23-031 - 3 - C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. No changes to access or circulation 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 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. OTHER APPLICABLE STANDARDS 13.03 Bicycle Parking and Storage As per Table 13-3, the use has a short-term bicycle parking requirement of one space per 5,000 sf GFA and a minimum requirement of four (4) spaces. The property currently has three ‘inverted U’ bike racks which provide six (6) short-term bike parking spaces located north of the proposed and existing concrete walkways that serve the primary entrances to the building. However, existing & previously-approved bike racks may be permitted to #SP-23-031 - 4 - count towards the minimum requirements provided that they are compliant with 13.03.B(2)(d)(i), which requires bike racks to be “securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations”. The existing bike rack is located on grass. The applicant must amend the site plan to show the location and dimensions of the stabilized surface for the bike racks, and indicate that the bike racks will be anchored to this surface, prior to the issuance of a Zoning Permit. 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 areas were indicated on the initially submitted site plan but are not reflected on the most recent version of the site plan submitted by the applicant. The applicant must amend the site plan to show snow storage areas prior to issuance of a Zoning Permit. 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.” The applicant is not proposing to add or replace exterior lighting fixtures; no exterior lighting impacts are 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)”. There is not an existing dumpster on the property and the applicant is not proposing to install one as part of this application. As such, this criterion is not applicable to this application. 14.11 Alteration of Existing Grade Per Section 14.11.F, the “removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board”. The applicant is proposing to remove approximately 183 cubic yards of fill from the existing stormwater conveyance swale for the purpose of better conveying stormwater through the swale and is proposing to add approximately 40 cubic yards of ¾” gravel and 15 cubic yards of ¾” drain rock to the rear of the site for the purpose of funneling stormwater away from the existing walkout basement entrance and towards the swale. (2) Standards and Conditions for Approval. (b) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (i) Duration or phasing of the permit for any length of time. The applicant has proposed for the fill to be in place permanently, as the purpose of this re-grading effort is to permanently improve stormwater drainage in the rear of this site. As such, the Board does not deem it necessary to impose a condition regarding the duration of this approval. #SP-23-031 - 5 - (ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. The South Burlington Stormwater Superintendent reviewed these plans for compliance with this criterion and others on 7/21/2023, and offered the following comments: 1. Proposed Grading Plan: a. Proposed grading difficult to read. Please use different line types and consistently label contours. b. Please provide proposed grading contours for entirety of project area c. Please provide detail of proposed swale. 2. Existing Grading Plan: a. Grading difficult to read. Please use different line types and consistently label contours. b. Please provide existing grading contours for entirety of project area. 3. EPSC Plan: a. Please correct title of plan to read “EPSC”. b. Please use different line type for silt fence. c. Please provide EPSC measures for the proposed waste site. d. Please provide EPSC measures for area around retaining walls and back of building. e. Please provide detail of proposed EPSC measures f. Silt fence is not appropriate for use in an area with concentrated flow, i.e. a swale. Please propose an appropriate EPSC measure. g. Please ensure that EPSC measures conform with Article 16 – Construction and Erosion Control Standards in the Land Development Regulations. Staff considers that the provided comments of the Stormwater Superintendent address issues that the Board may find to be minor modifications of the provided site plan. However, Section 14.05.E(1)(a) defines a minor modification as a change that “leaves no part of its implementation to the discretion of the Applicant”. Staff further considers that the comments of the Stormwater Superintendent could be interpreted to leave part of their implementation to the discretion of the applicant. Staff considers that these comments and any subsequent condition of approval can be updated and presented for consideration to the Board if the applicant and Stormwater Superintendent can agree on more specific language after the publication of this report but prior to the date of the hearing. If the applicant and Stormwater Superintendent cannot agree on more specific language prior to the date of the hearing, Staff considers that the Board can either continue this application until the applicant and Stormwater Superintendent can reach an understanding, or close this application with only the provided information and include a condition that the Stormwater Superintendent review & approve any applicant response to the provided comments. #SP-23-031 - 6 - (iii) Provision of a suitable bond or other security in accordance with Section 17.15 adequate to assure compliance with the provisions of these Regulations. The Board finds this step to be unnecessary and does not require the provision of a bond. (iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. The applicant has not requested a modification of what shall constitute pre- construction grade. The Board finds that the purpose of the fill is to create elevation changes to facilitate stormwater drainage. If the fill is later removed and the elevation of the area returned to its pre-altered state for the purposes of building construction, the Board finds that the pre-alteration grade may be considered the preconstruction grade. 16.04 Excavation and Grading 16.04 pertains to excavation and grading and specifies that “all excavation and filling required for construction of improvements shall be as specified within this Section”, including that stabilization must occur within 48 hours of final grading, that embankments must be constructed in lifts of no more than 6-inches, and that embankments shall have a side slope of no greater than 2 horizontal to 1 vertical. The applicant has testified that this project will comply with the requirements of 16.04. DECISION Motion by ____, seconded by ____, to approve site plan application #SP-23-031 of Craig Wielenga, 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. Prior to issuance of a Zoning Permit, the plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Amend the plans to reflect the existence & location of the stabilized surface on which the existing bike racks will be mounted, and include language specifying how the racks will be securely anchored to the ground. b. Amend the plans to reflect the existence of snow storage areas. c. [Placeholder condition pending the resolution of the red Staff comment under 14.11(2)(B)(ii) above]. 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer prior to issuance of a Zoning Permit. 5. The zoning permit must be obtained within six (6) months of this decision with the option for requesting a one (1) year extension as allowed in LDR 17.04. 6. The applicant must address the comments of the Stormwater Superintendent. #SP-23-031 - 7 - 7. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 8. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 9. 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. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 11. 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. 12. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy and/or use of the approved modifications. 13. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 14. 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. John Moscatelli 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 Motion carried by a vote of _ - _ - _. Signed this ____ day of August, 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 #SP-23-031 - 8 - to the City of South Burlington Planning and Zoning Department at 180 Market 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.