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HomeMy WebLinkAboutSP-23-033 - Decision - 1900 Williston Road#SP-23-027 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ANNE AUDETTE – 1900 WILLISTON ROAD SITE PLAN APPLICATION #SP-23-033 FINDINGS OF FACT AND DECISION Anne Audette, hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for seven commercial buildings approved for a mixture of commercial uses. The amendment consists of installing new stormwater pipes and catch basins, 1900 Williston 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 seven commercial buildings approved for a mixture of commercial uses. The amendment consists of installing new stormwater pipes and catch basins, 1900 Williston Road. 2. The owner of record of the subject property is Anne Audette. 3. The subject property is located in the Mixed Industrial & Commercial Zoning District, the Transit Overlay District, and Zone 3 of the Traffic Overlay District. Portions of the subject property are located within the River Corridor Overlay and the Wetland Buffer Overlay. 4. The application was received on 8/30/2023. 5. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C1-02; Existing Conditions TCE 8/1/2023 C2-02; Site Plan TCE 8/30/2023 C2-03; Drainage Improvement Plan TCE 8/1/2023 C8-01; Site Details TCE 8/22/2023 ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions No changes affecting compliance with these standards are proposed. SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 13.03 Bicycle Parking and Storage As per Table 13-3, commercial uses have a short-term bicycle parking requirement of one space per 5,000 square feet GFA. This property includes just under 25,000 square feet of commercial #SP-23-027 - 2 - space, which requires the provision of 5 short-term bike parking spaces. The applicant is proposing to meet this minimum requirement by improving an existing & previously approved bike parking area, by the entrance to the building currently used as a full-service restaurant called ‘The Pour House’. The applicant is proposing to replace the existing bike rack with three ‘inverted U’-style racks. Typically, one ‘inverted U’-style bike rack provides two short-term parking spaces, so three such racks would provide six spaces. However, the applicant has specified that they are only proposing five short-term bike parking spaces. While somewhat peculiar, this proposal still meets the minimum bike parking requirement and can be achieved by installing one of the ‘inverted U’ racks less than 24 inches from the nearest obstacle (wall, bollard, planter box, etc.), effectively blocking access to one side of the rack while leaving the other side accessible and usable. The applicant is proposing to protect the five proposed bike parking spaces from vehicle traffic via the installation of concrete bollards between the bike racks and the vehicle parking area. 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 areas are indicated on the site plan. The Administrative Officer finds this criterion met. 13.05 Stormwater Management The South Burlington Stormwater Section reviewed these plans for compliance with this criterion and others on 8/29/2023 and offered comments which the applicant subsequently addressed to the satisfaction of the Stormwater Section. The Administrative Officer finds these standards 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.” The applicant is not proposing to add or replace exterior lighting fixtures; no exterior lighting impacts are proposed as part of this application. As such, the Administrative Officer finds this criterion met. OTHER STANDARDS 12.06 Wetland Protection Standards B. Applicability. All development in the City of South Burlington shall comply with the requirements of this section. The requirements of this Section will apply to all lands described as follows, collectively referred to as Wetlands Areas and Related Buffers: (2) Class II Wetlands and Related Buffers. (a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts (established and defined in Section 3.01), a Class II wetlands buffer area is measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland. The subject property is in the Mixed Industrial & Commercial Zoning District. The wetlands buffer area is therefore 50 feet in horizontal distance from the delineated boundary of the Class II wetland. A portion of the proposed stormwater pipe replacement is proposed to take place within a Class II wetland buffer. #SP-23-027 - 3 - 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 proposed stormwater pipe replacement is proposed to take place within a Class II wetlands buffer, which is supposed to be left in an undisturbed condition, as per this section. The applicant is seeking to modify this standard as per Section 12.06(F). F. Modifications. (1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: (c) Installation of low-impact development stormwater practices consistent with wetland functions and plantings with a Class II or Class III wetland buffer. The proposed work within the Class II wetland buffer will include the replacement of the existing inlet with a new inlet in the same location, and the replacement of the existing 12” stormwater conveyance pipe with a new pipe of the same size in a very similar location. Given that this portion of the Class II wetland buffer is already very developed, and that the proposed work will improve conditions on the site without generating any additional impact on the Class II wetland buffer, the Administrative Officer finds the proposed stormwater work to be low-impact when considering the existing condition of this Class II wetland buffer. The applicant has requested modification from the rules of this section and has testified that the requested modification will not have any undue adverse impact to the planned character of the area, ability of the property to treat stormwater, or effect on wetland functions and values. 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)”. All existing dumpster enclosures on the property meet this standard, and the applicant is not proposing to amend the existing enclosures or add any new enclosures. The Administrative Officer finds this criterion met. Vehicle Trip Generation The proposed stormwater management improvements do not constitute a change of use for this educational facility and will not increase the trip generation of the existing use. As such, the Administrative Officer finds that the proposed project does not represent a vehicle trip generation impact. Water & Wastewater The proposed stormwater management improvements do not constitute a change or increase in the estimated water or wastewater allocations for this property. As such, the Administrative Officer finds that the proposed project does not represent a water or wastewater impact. #SP-23-027 - 4 - DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-033 of Anne Audette, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-23-300. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. 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, any grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 6. All exterior lighting shall 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. No exterior lighting is permitted as part of this application. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the amended site features. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this 7th day of September, 2023 by ____________________________________________ Marty Gillies, Development Review Planner I 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 802.477.2241 to speak with the regional Permit Specialist.