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HomeMy WebLinkAboutSP-24-001 - Decision - 0403 Queen City Park Road#SP-24-001 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN WATER DISTRICT – 403 QUEEN CITY PARK ROAD SITE PLAN APPLICATION #SP-24-001 FINDINGS OF FACT AND DECISION Site Plan application #SP-24-001 of Champlain Water District to amend a previously approved plan for a municipal water treatment plant. The amendment consists of replacing an existing 1-million- gallon water tank with a new 1-million-gallon water tank and associated sitework & stormwater system modifications, 403 Queen City Park Road. The Development Review Board held a public hearing on January 3, 2024. Nate Pion and Joe Duncan 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 municipal water treatment plant. The amendment consists of replacing an existing 1-million-gallon water tank with a new 1-million-gallon water tank and associated sitework & stormwater system modifications, 403 Queen City Park Road. 2. The owner of record of the subject property is Champlain Water District. 3. The subject property is located in the Commercial 1 – Residential 15 Zoning District. Portions of this property are located in the Wetland Advisory Layer, River Corridor Overlay, 100-Year Floodplain, and the Special Flood Hazard Area. 4. The application was received on 12/5/2023. 5. The plans submitted consist of: Sheet No. & Title Prepared by Last Revised Date C1 – Site Grading, Surface Plan, and Site Sections Dufresne Group Oct 2023 C2 – Site Grading, Surface Plan, and Site Sections Dufresne Group Oct 2023 C3 – Site Piping Plan & Profiles Dufresne Group Oct 2023 FIG 4 – Existing & Proposed Building Heights Dufresne Group Nov 2023 FIG 1 – General Site Layout Dufresne Group 8/9/2023 G1 – General Notes, Legend & Abbreviations Dufresne Group Oct 2023 G2 – Erosion Prevention & Sediment Control Plan Dufresne Group Oct 2023 G3 – Erosion Prevention & Sediment Control Details Dufresne Group 12/1/2018 L1 – Landscaping Plan Dufresne Group Oct 2023 2 – CIP Retaining Wall Detail Champlain Water District Sept 2023 #SP-24-001 2 S1 – Precast Prestressed Concrete Water Storage Tank Standard Details Dufresne Group Oct 2023 6. This property, referred to as 403 Queen City Park Road, includes the parcel formerly addressed as 503 Queen City Park Road – the applicant has provided a copy of the Quit Claim Deed (dated 3/29/2017; recorded 4/17/2017) that consolidated 503 Queen City Park Road into 403 Queen City Park Road. 7. This application includes the demolition of an existing 1-million-gallon water tank, the construction of a new 1-million-gallon water tank, the creation of additional vehicle parking and other impervious surface on the site, and the construction of a communications tower and small communications building on the site to enable the sending of radio frequencies between this property and other nearby properties owned by Champlain Water District, including the Champlain Water District water towers on Dorset Street and Harbor Ridge Road. This application requires DRB review because it involves the alteration of an approved site plan and includes more than 5,000 square feet of new impervious surfaces. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS C1-R15 Zoning District Required Existing Proposed √ Min. Lot Size 40,000 sf 605,484 No Change √ Max. Building Height 5 stories (up to 76 ft) 1 48.6 ft 70.5 ft 2 √ Max. Building Coverage 40% 9.96% 9.97% √ Max. Overall Coverage 70% 28.1% 29.2% √ Max. Front Setback Coverage 30% Not Provided No Change √ Min. Front Setback 30 ft Not Provided No Change √ Min. Side Setback 10 ft Not Provided No Change √ Min. Rear Setback 30 ft Not Provided No Change √ Zoning Compliance 1 Article 3.07.B(3)(b) of the LDRs specifies that story height in the C1-R15 zoning district is not to exceed 20 feet for first stories and 14 feet for upper stories – as such, the maximum allowable height for a 5-story building in this Zoning District is 20 + 14(4), for a sum of 76 feet. 2 The applicant testified that the proposed communications building will be 8.5 feet in height; the proposed water tank will be approximately 47.2 feet in height; and the proposed communications tower will be 70.5 feet in height with a 10-foot lighting rod affixed to the top of the tower. The Board finds that the 10-foot lighting rod is a “minor rooftop apparatus”, as identified in the LDR definition of ‘height’, and therefore not included in the height calculation of the proposed tower. As such, the Board finds that the height of the proposed communications tower is calculated to be 70.5 feet, 5.5 feet under the maximum building height in this Zoning District of 76 feet. B) 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 #SP-24-001 3 structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following. The Board finds the proposed structures relate to the structures presently located on the site and are essential for the use of the property, which is municipal water treatment. The applicant is able to provide ‘adequate planting’ as part of this application and thereby meet the minimum landscape budget requirement of 13.04.G(3) below, but future planned improvements to this site may test this property’s ability to accommodate ‘adequate planting’. This situation is discussed in greater detail under 13.04.G(3). (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. The applicant is proposing to expand the existing parking area into the area behind the principal building on the property which will be made available via the demolition of the existing 1-million-gallon water tank. The new parking area is located to the rear of the building and does not face a public street on either side of the property. The Board finds this criterion met. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings Though the tank and tower are structures, not buildings, they have an impact on the overall appearance of the site. The proposed water storage tank will be approximately 47.2 feet tall and will have a maximum height that is identical to the existing water storage tank. It will also be located directly behind the existing water tank. The proposed communications tower will be 70.5 feet tall, with a 10’ lightning rod on the top that the Board finds does not count towards building height due to the lightning rod’s classification as a “minor rooftop apparatus”. The Board finds the proposed building forms and functions to be compatible with the existing use of the site and to the existing development on the site. 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. #SP-24-001 4 (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. (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. The Board finds the proposed water storage tank, communications building, and communications tower all relate to the existing structures on the site in form and in function, as all three are essential for the function of this site as a municipal water treatment facility. C. Site Amenity Requirement Site amenities are required for additions to non-residential buildings that exceed 5,000 sf. This requirement is not applicable to this project. 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. The proposed development is not taking place within the portions of the property which are within the Wetland Advisory Layer, River Corridor, or 100-Year Floodplain & Special Flood Hazard Area. As such, the proposed development will not impact any Natural Resources or Environmental Hazards. No changes affecting compliance with Environmental Protection Standards are proposed. 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 Board finds these criteria to be met. The future of landscaping on this site is discussed in greater detail in 13.04.G(3) below. C. Access and Circulation. D. [Reserved for Transportation Demand Management (TDM)] 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. These standards are not applicable to this project. #SP-24-001 5 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. This standard is applicable to this project – however, the existing streetscape meets City standards and therefore no upgrade or improvement is necessary. 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. As part of approval for Site Plan application #SP-20-028, the Board found that no further reservation of land for inter-lot access was necessary. Conditions that would impact this property’s compliance with this standard have not changed since that approval and therefore the Board finds this criterion to continue to be met. 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 modifications to utility lines or other service connections 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 (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. This standard requires that all dumpsters be accessible, secure and properly screened with opaque fencing. The applicant has not identified any dumpsters on the submitted plans. The Board finds that the applicant shall update the submitted plans to reflect the location and existing screening of the dumpsters. SUPPLEMENTAL REGULATIONS 13.04 Landscaping, Screening, and Street Trees A. Purpose B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two- family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. #SP-24-001 6 The applicant is proposing to add seven parking spaces in the footprint of the water tank proposed to be demolished and three to the west of that water tank, bringing the total number of parking spaces in the rear of the property to 28 and the number of contiguous parking spaces in that portion of the parking area to 21. The parking area is proposed to be curbed. In addition to existing greenery, the applicant is proposing to install two shade trees, as discussed in further detail under 13.04.B(4)(b) below. 1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. The applicant is proposing to add perimeter plantings to the proposed new section of the off-street parking area, as discussed in further detail under 13.04.B(4)(b) below. 2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. The proposed expansion of the parking area will bring the total number of contiguous parking spaces in the existing lot to 21. As this is less than 28, this criterion does not apply. 4) Landscaping Requirements. (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The applicant is proposing to install two shade trees in proximity to the proposed new section of the off-street parking area. The Board finds that the applicant shall demonstrate that these trees are of a hardy and salt-tolerant species. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. The applicant is proposing to add a total of 10 parking spaces to a rear parking area that is proposed to be re-surfaced and re-striped. These 10 parking spaces require the provision of 2 major deciduous shade trees near the perimeter of the proposed new section of the off-street parking area. The applicant originally proposed to install 3 ten-foot arborvitaes near the perimeter of the proposed new section of the off-street parking area. The Board finds that the application shall modify these plans to remove the arborvitaes and install two hardy, salt-tolerant major deciduous shade trees with a caliper of at least 2.5” and a combined value of at least $600, subject to review and approval by the City Arborist. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. The Board finds that the proposed shade trees must have a caliper of at least two and one-half inches at the time of installation. 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 waters. The applicant has not included snow storage areas on the plans. The Board finds that the #SP-24-001 7 applicant shall modify the plans to include the existing and proposed snow storage areas. C. Screening or Buffering D. Front Yards of Non-Residential and Multi-Family Uses The Board finds that the existing front yard is already suitably landscaped and maintained in good appearance. The Board finds this criterion met. E. Site Restoration F. Landscaping Plan G. Landscaping Standards (1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping Design Standards enacted by the City of South Burlington, subsequent to the effective date of these regulations. (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. (3) Landscaping Budget Requirements The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost $0 - $250,000 3% Next $250,000 2% Additional over $500,000 1% The applicant is proposing to resurface existing pavement, create additional pavement, create an impervious stone apron surface, and construct a water tank, a communications tower, and a small communications building. Table 13-4 specifies that the minimum landscaping budget is calculated based on the total building construction and improvement costs. Any project costs that are not associated with construction or improvement of buildings are not required to be reflected in the landscaping budget. The applicant has therefore only included the cost of constructing the communications building (estimated at $20,000) and has not included the costs of paving, water tank construction, or communications tower construction for the purposes of calculating the minimum landscaping budget. The minimum landscaping budget for this project is 3% of the cost of the construction of the communications building, for a total of $600 in required plantings. The Board finds that the two major deciduous shade trees the applicant is required to install must meet the minimum landscaping budget requirement, currently calculated to be $600. The applicant is not required to bond for this amount, as Article 17.15.B(1)(a) exempts development with a total landscaping budget requirement of $2,000 or less from the bonding requirement. While the applicant will be able to include the required amount of landscaping on site to meet the minimum landscape budget for this application, the applicant has expressed concern about their ability to meet this requirement for future projects, which may include multi-million dollar expansions to the buildings on site and/or the addition of new #SP-24-001 8 buildings, both of which could require tens of thousands of dollars of landscaping to be installed. The applicant’s primary concerns include that finding space throughout the site to dedicate to plantings could interfere with the function of the site, which is municipal water treatment; and that the front yard is already landscaped to the point that no more plantings are feasible in that area. The Board finds that this concern has no bearing on the applicant’s ability to meet the regulations for the present application. The Board further finds that several non-traditional options for meeting this minimum landscaping budget requirement may be acceptable for future development on this site, including the provision of some forms of public art on site, but that formal Board approval of these non-traditional options must be obtained by the applicant at the time of Site Plan application for future development on this site. DECISION Motion by Mark Behr, seconded by John Moscatelli, to approve site plan application #SP-24-001 of Champlain Water District, 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. Identify that the existing pedestrian staircase, located behind the waster tank proposed to be removed, is proposed to be ‘removed’, not ‘replaced’. b. Indicate the location and existing screening of the existing dumpsters on the property. c. Replace the proposed arborvitaes shown on the landscaping plans with two hardy, salt-tolerant major deciduous shade trees with a caliper of at least 2.5” and a combined value of at least $600, subject to review and approval by the City Arborist. d. Include all existing and proposed snow storage areas. 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 regularly maintain all stormwater treatment and conveyance infrastructure. 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 and the grading standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the modifications approved herein and prior to occupancy and/or use of the approved modifications. #SP-24-001 9 10. 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 Charles Johnston Yea Nay Abstain Not Present Motion carried by a vote of 7 - 0 - 0. Signed this ____ day of January, 2024, 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 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.