HomeMy WebLinkAboutSP-24-19 - Supplemental - 1215 Dorset Street#SP-24-19
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SP-24-19_1215 Dorset St_City of SB_SC_DRB
DEPARTMENT OF PLANNING & ZONING
Report preparation date: May 15, 2024
Plans received: April 26, 2024
1215 Dorset Street – City of South Burlington
Site Plan Application #SP-24-19
Meeting date: May 21, 2024
Owner
City of South Burlington
180 Market Street
South Burlington, VT 05403
Applicant
City of South Burlington
180 Market Street
South Burlington, VT 05403
Property Information
Tax ID 0570-01215
Municipal Zoning District
Engineer
Alrdrich & Elliot
6 Market Place, Suite 2
Essex Junction, VT 05452
Location Map
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PROJECT DESCRIPTION
Site Plan application #SP-24-19 of the City of South Burlington to amend a previously approved
plan for a 2.1 million gallon water storage tank. The amendment consists of constructing a second
2.1-million-gallon water tank that will be identical to the existing water tank in height, diameter,
and capacity, and modifying the existing landscaping plan, 1215 Dorset Street.
CONTEXT
The City of South Burlington, hereinafter referred to as the applicant, is proposing to construct a
second 2.1 million gallon water storage tank on an existing approximately 1.14-acre lot that
presently is developed with a single 2.1 million gallon water storage tank. The area on the lot where
the second water storage tank is proposed to be located is the same area where the applicant had
previously installed approximately two dozen trees that were required to be planted as a condition
of DRB Site Plan approval, which permitted the construction of the first water tower. This property
was originally approved as a PUD, which allowed the Board to waive dimensional standards and
approve a structure with a height exceeding the maximum height in this zoning district of 35 feet.
However, Staff considers that the present proposal to construct a second water tower can be more
simply and efficiently approved as a Site Plan, and that usage of the PUD mechanism to approve a
height waiver is not necessary under 14.04A(3), discussed below.
COMMENTS
Development Review Planners Marty Gillies and Marla Keene have reviewed the plans submitted
on April 26, 2024 and offer the following comments. Numbered items for the Board’s attention are
in red.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Municipal Zoning District Required Existing Proposed
Min. Lot Size None 1.13 acres No Change
Max. Building Height (flat roof) 35 feet 125 ft 125 ft 1
Max. Building Coverage 30% 0.05% No Change
Max. Overall Coverage 70% 4.9% 9.2%
Max. Front Setback Coverage 30% Not Provided No Change
Min. Front Setback 40 ft Not Provided No Change
Min. Side Setback 15 ft 32 ft 22.5 ft
Min. Rear Setback 30 ft 45 ft 17.5 ft 2
1- Vermont State Statute VSA 4413 permits municipal regulation of height of State- or community-
owned and -operated institutions and facilities only to the extent the regulation does not interfere
with the intended functional use of the facility. The proposed water storage tank will be owned by
the City of South Burlington and will serve South Burlington residents; as such, Staff considers that
the proposed water tank is a community-owned facility and that restricting the height of this facility
would interfere with the intended functional use of the facility.
1. Staff recommends the Board discuss the proposed water storage tank height with the applicant and
determine whether requiring the proposed tank to comply with the maximum height of 35 feet, as
identified above, would interfere with the intended functional use of the tank.
2- The applicant is proposing to install the water storage tank within the minimum rear setback. The
applicant will need the Board to allow this modification of the applicable dimensional standards, as
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authorized under 14.04.A(3). 14.04.A(3) permits the DRB to modify a dimensional requirement
subject to conditions, if it finds the following:
a. The DRB may modify a dimensional requirement under this Article or the Table of
Dimensional Standards (Appendix C) subject to conditions, if it finds that due to
physical site limitations, including Hazards or Level I Resources, or other legal or
development constraints specific to the land to be subdivided, including the lack of
existing or planned connecting facilities or services adjacent to or in proximity to the
subdivision:
i. The requirement is not necessary to ensure public health, safety and welfare;
ii. The proposal modification is demonstrated to better meet the purposes of this
Section, the applicable zoning district, and the Comprehensive Plan; and,
iii. The modification or waiver is the minimum necessary to afford relief and
represents the least deviation from the standards and requirements of these
Regulations.
Staff considers that the subject property is relatively small and is developed with
existing structures – as such, there are physical site limitations that appear to
prevent the applicant from developing the site in strict conformance with the
standards and requirements of these regulations. Namely, due the physical site
limitations, the applicant cannot meet the rear setback requirement for the
proposed water storage tank.
b. Limitations. In granting a modification, In no case shall the DRB permit:
i. the location of a new structure less than five (5) feet from any property
boundary;
ii. land development creating a total site coverage exceeding the allowable limit
for the applicable zoning district in the case of new development;
iii. increasing the coverage on sites where the pre-existing condition exceeds the
applicable limit;
iv. an increase in residential density above the allowed maximum in the
applicable zoning district, outside of review as Planned Unit Development
(Article 15C), Inclusionary Zoning (Section 18.01) or via a Transfer of
Development Rights (Article 19); or,
v. the location of parking not in compliance with Section 14.06 (A)(2).
The applicant is proposing to locate the new water storage tank approximately
17.5 feet from the rear property line. The proposed development will not be
within 5 feet from any property line, will not increase the lot coverage beyond
the maximum allowable lot coverage, will not impact residential density, and
will not create an non-conforming parking area. As such, Staff considers that the
Board can permit the proposed modification of the rear setback standard in this
circumstance.
2. Staff recommends the Board discuss the proposed water storage tank location with the
applicant and determine whether granting the proposed modification of the rear setback
dimensional standard is appropriate in this case.
SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Structures to the Site
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(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 DRB shall consider the following.
Staff considers the proposed structure has a strong relationship to the structure presently located
on the site, since they will be nearly identical. There is no regular pedestrian access or vehicle
parking associated with this use. The applicant has testified they may not be able to provide
‘adequate planting’ as part of this application and may not meet the minimum landscape budget
requirement. This situation is discussed in further detail under 13.04.G(3) below.
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along
the street.
Staff considers that the proposed water storage tank has no impact on the existing street
frontage.
(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.
Staff considers that the proposed development has no impact on the site’s orientation to
street or the site’s relationship with the existing topography & grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
The proposed water storage tank has the same scale as the existing water storage tank – as
such, Staff considers that there is no contrast in scale between the structures.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
Staff considers that this site is not designed for public access and therefore this criterion is
not applicable.
(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.
Staff considers that the proposed roofline is oriented in a way that does not preclude solar
gain potential while still serving the intended functional use.
(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.
There is no permanent parking area on this site – as such, this criterion does not apply.
(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
The proposed water storage tank will be 125 feet tall and will have a maximum elevation
that is identical to the existing water storage tank. It will also be located directly next to the
existing water tank. Staff considers the proposed building forms and function to be
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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.
(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.
Staff considers the proposed water storage tank relates to the existing structures on the site in
form and in function, as both tanks are essential for the function of this site as a municipal water
storage facility. The proposed water storage tank will be of the same height and will be located
at the same elevation as the existing water storage tank. Furthermore, the proposed water
storage tank is located southwest of the existing water storage tank – as such, the visual impact
of the new water storage tank will be minimal, as it will be screened by the existing water tank
from several vantage points.
C. Site Amenity Requirement
Site amenities are required for additions or new construction exceeding 5,000 sf for non-residential
structures. The water storage tank is 2,642 sf; therefore this requirement is not applicable.
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 will not impact any Natural Resources or Environmental Hazards, so no
changes affecting compliance with Environmental Protection Standards are proposed.
B. Site Design Features.
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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.
As mentioned in the Dimensional Standards section above, the applicant is proposing the new water
storage tank to be within the rear setback applicable to principal structures. The minimum rear setback
in the Municipal Zoning District is 30 feet, and the applicant is proposing to locate the new water
storage tank approximately 17’6” from the rear property line. Staff considers that the proposed location
of the new water storage tank is only approvable by modification of the applicable dimensional standard
by the Board, as discussed under the standards of Section 14.04.3 above, as part of Staff’s analysis of the
Zoning District & Dimensional Standards.
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.
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.
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.
Staff considers standards (C – G) to be not applicable to this project.
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.
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There are no dumpsters proposed to be located on the site.
SUPPLEMENTAL REGULATIONS
13.04 Landscaping, Screening, and Street Trees
A. Purpose
B. Landscaping of Parking Areas.
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.
3. Staff recommends that the Board require the applicant to describe the proposed winter
operations on the site, determine if the designation of snow storage areas on the plans is
appropriate in this circumstance, and, if so, require the applicant to identify all snow storage
areas on the plan sheets as a condition of approval.
C. Screening or Buffering
D. Front Yards of Non-Residential and Multi-Family Uses
In the case of non-residential and multi-family uses, the required front yard and/or the frontage
along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be
suitably landscaped and maintained in good appearance. Landscape elements that reduce
stormwater runoff and promote stormwater infiltration are encouraged. The Development
Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G).
Staff considers 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%
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Next $250,000 2%
Additional over $500,000 1%
The applicant is proposing to construct a water storage tank. 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. Building is
defined in the Land Development Regulations as “A structure having a roof supported by
columns or walls, and used or intended for the shelter or enclosure of persons, animals, or
equipment, goods, or materials of any kind”. Staff considers that the proposed water storage
tank does not meet this definition and is therefore not a building – this is consistent with the
Board’s finding #SP-24-01 from earlier this calendar year in which the Board found that the
proposed water storage tank at 403 Queen City Park Road was also not a building. As such, Staff
considers there is no required minimum landscape budget for this project.
The applicant is proposing to construct the new water storage tank in a location on the subject
property that presently includes approximately 15 trees that were previously required to be
installed by the Board as part of the approved landscaping plan. The applicant is proposing to
amend this approved landscaping plan to remove all of the trees and other landscaping features
in the area in which the new water storage is proposed to be installed.
4. Staff recommends the Board discuss the proposed alteration to the landscaping plan with the
applicant and identify options on this site to preserve, relocate, or replace the subject
landscaping features, rather than simply eliminating them. If no realistic path forward to
preserve, relocate, or replace the subject landscaping features can be identified, Staff
recommends the Board discuss what conditions, if any, should be placed on the applicant’s
proposal to eliminate existing landscaping features from the site, including locating landscaping
features on other related properties under common ownership that advance the objectives of
this section.
13.05 Stormwater Management
The City Stormwater Superintendent reviewed these plans on 5/15/2024 and offered the following
comments:
1. Please provide a site plan showing the details of required erosion prevention and sediment
control measures
2. Staff recommends adding a condition requiring the project comply with the VT DEC Low Risk
Site Handbook for Erosion Prevention and Sediment Control
5. Staff recommends the Board require the applicant to comply with the comments of the City Stormwater
Superintendent.
13.11 Fencing
A. General Requirements
B. Specific Requirements
C. Prohibited Fences & Materials. The following fences and fencing materials are specifically
prohibited:
(1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically
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permitted.
The applicant is proposing to construct additional fencing on the site that will be topped with
barbed wire. The applicant has indicated that this is necessary for site security. Vermont State
Statute VSA 4413 does not permits municipal regulation of fencing or site security measures for
State- or community-owned and -operated institutions and facilities. The proposed water
storage tank will be owned by the City of South Burlington and will serve South Burlington
residents; as such, Staff considers that the proposed water tank is a community-owned facility
and that restricting the type or style of fencing used at this facility would interfere with the
security of the facility.
6. Staff recommends the Board discuss the proposed fencing with the applicant and determine
whether the Board has the authority to require the proposed community-owned facility to
comply with the standards of Section 13.11.C(1), which prohibits barbed wire, razor wire, ribbon
wire, and broken glass from being used as part of any fence.
RECOMMENDATION
Staff recommends that the Board review the project with the applicant and close the hearing.
Respectfully submitted,
Marty Gillies, Development Review Planner