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Minutes - Development Review Board - 06/05/2018
DEVELOPMENT REVIEW BOARD 5 JUNE 2018 The South Burlington Development Review Board held a regular meeting on Tuesday, 5 June 2018, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; J. Smith, J. Wilking, M. Behr (by phone), B. Sullivan ALSO PRESENT: R. Belair, Administrative Officer; M. Keene, Development Planner; J. Goller, J. Morway, E. S. Emery, M. Cate, L. Parker, R. Limoge, S. Limoge, A. Dotolo, J. Anderson, C. Galipeau 1. Directions on emergency evacuation procedures from conference room: Mr. Miller provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: There were no announcements. 5. Miscellaneous application #MS-18-02 of Merrill Cate to alter the existing grade for stormwater improvements. The improvements consist of regrading the lot and installing two stormwater manholes connected with a perforated pipe to an existing drain manhole, 4 Slocum Street: Mr. Cate explained that he has had standing water on his property that is spilling onto the neighbors’ property. He will be regrading and installing two manholes to address this issue. Neighbors are in support of this project. No issues were raised. Mr. Wilking moved to close MS-18-02. Ms. Smith seconded. Motion passed 5-0. 6. Continued conditional use application #CU-18-07 and site plan application #SP-18-16 of Trono Fuels to amend a previously approved site plan for an auto repair facility. The amendment consists of constructing a 1,600 sq. ft. addition to the existing building, adding a paved parking lot and changing the use to contractor or building trade facility. A portion of the proposed work is located within a stream buffer, requiring conditional use review, 10 Lime Rock Road: Mr. Goller explained that the outstanding issue was replacement of landscaping. To address the issue they have replaced the 16” caliper maple tree to be removed with a row of willows, and the shrubs to be removed with similar shrubs. This now meets the requirement. No other issues were raised. Mr. Wilking moved to close SP-18-16 and CU-18-07. Ms. Smith seconded. Motion passed 5-0. 7. Final Plat Application #SD-18-15 of Ernest N. Auclair Family Trust to subdivide an existing parcel developed with a single family dwelling into two lots of 15 acres (Lot #1) and 117 acres (Lot #2), 1731 Hinesburg Road: Mr. Dotolo showed where the subdivision will occur. She also noted receipt of correspondence from VTrans reminding them to comply with the State statutes regarding access. She noted that the 117 acre lot will have two access points on Hinesburg Road. Ms. Keene asked if the applicant can provide an actual plan showing where the access is. The applicant agreed to do this if VTrans requires it. Mr. Parker asked whether the land on the east side of the road is addressed by this application. The applicant said it is not. No other issues were raised. Mr. Wilking moved to close SD-18-15. Mr. Sullivan seconded. Motion passed 5-0. 8. Sketch Plan Application #SD-18-16 of R. L. Vallee, Inc., to demolish an existing hotel and a portion of an existing service station and create a planned unit development consisting of an expanded service station with four additional fueling positions for a total of twelve and associated 9,000 sq. ft. retail sales building, 793 & 907 Shelburne Rd: Mr. Sullivan recused himself as he is representing R. L. Vallee on another matter. Mr. Wilking noted that he had sold this property to Skip Hoechner 25 years ago. Members and the applicant did not feel he should recuse himself. The applicant noted that the site contains two parcels: #793 is the northern parcel with the service station and a convenience store, and #907 is the southern lot with the Maple Leaf Hotel. Both lots will be redeveloped and reconfigured. They will add 2 fueling pumps (4 positions) to the service station and will change the use on the southern parcel to retail sales/restaurant use. There are now 3 curb cuts. The applicant proposes to eliminate one of these, leaving one north of the canopy and one to the south of it. The access drive on the south side will connect to the former Kmart parcel. There is a 24” CWD transmission main with an easement that cannot presently be shut down. There will be a project next year that will allow CWD to shut down that pipe and relocate it so this project can move forward. One option for the retail sales building to have retail and restaurant on the second floor. The use of the first floor has not yet been determined. Mr. Wilking asked if there is an agreement with Hannaford for access to the former Kmart property. Mr. Anderson said there is an agreement, but it has not yet been signed. The Board the reviewed staff issues as follows: a. Overall site coverage: Mr. Anderson said there is an issue as to whether the applicant’s coverage estimate is correct. He noted that the DRB has consistently taken the position that the pervious pavers count toward lot coverage, but he felt that as he reads the regulations, they should not be counted toward coverage. Mr. Wilking said if it can be allowed by the DRB, he was OK with it, but he had an issue with the pavers getting bogged down with silt and no longer working. He would want there to be a maintenance plan. Mr. Wilking also cited an issue of gasoline getting into the pervious surface. He noted that the Airport has removed all of its pervious concrete because of maintenance issues. Mr. Miller noted that the DRB has consistently regard pervious pavers as non-pervious. Mr. Belair added that if down the road the pervious pavers don’t work out and are replaced with paving, they would be way over the allowable coverage. Ms. Keene said if the pavers were removed, there wouldn’t be adequate parking. There is also the issue of “open space” and aesthetics. Mr. Behr said the pervious pavers still have the appearance of pavement and not green space. He would not support pervious pavers if they are over allowable lot coverage. b. Nonconformities at the site: Mr. Anderson said they would not make any of the setback nonconformities worse. He noted there was a variance to allow the canopy structure to be built. They will be adding pumps and canopy but there will be “less structure” because of the building coming down. Ms. Keene said they would be removing a conforming structure and adding to a non-conforming one. Mr. Anderson said they believe this is a service station use, which is what 3 decisions have said. The owner does allow “minor repairs,” and staff says it is a combination of service station and auto repair use. Mr. Anderson said they perform inspections and other “minor repairs.” They don’t sell automobiles and don’t do major engine repairs or sell parts. Mr. Wilking noted a large piece of the business is tow truck related, and there are large scale tow trucks sitting on the property. Ms. Keene asked the use of the hotel property today. Mr. Belair said it is an “extended stay hotel,” which is not in compliance with it’s previous approval. Mr. Anderson said they believe the parcel at #793 is 100% service station use. He added that he has never seen a question raised about traffic being generated by a non-conforming use. He said the area will be the same before and after the project. It never occurred to him to consider added traffic. Mr. Miller noted there will be 4 additional pumps. Mr. Anderson said the other building will be gone. Mr. Belair said the project is expanding the canopy and the number of gas pumps, which is an expansion of the use. He also noted there is a sign which reads: “Full Service.” Mr. Anderson said the size of the building being demolished is larger (1680 ft.) and the canopy expansion is smaller (800 sq. ft.), so there will actually be less building there. Mr. Wilking said he would have no issue if it was a single use. Mr. Miller felt this is a huge improvement over what is there today, and he didn’t feel there is a better use for that property. c. Traffic: Mr. Anderson the way to resolve the issue is for the city’s traffic engineer to talk with their traffic engineer. They Valleys are reluctant to address traffic while the other issues are still out there. Mr. Anderson also noted that the district will be undergoing changes to the Traffic Overlay District, but he didn’t feel they could wait for that. Mr. Anderson said they feel the traffic number should be the 125.2 trip ends generated by the service station property and 7.5 generated by the hotel for a total of 132.7. He felt staff is addressing this as one lot. He also felt they can get a “cross‐easement from Hannaford which would keep people from using Shelburne Road. Mr. Belair said staff has analyzed traffic from an LDR point of view. The budget for 2 properties combined is 15.56. The existing uses create 117 trips. The estimate for the additional fuel positions and replacement of the hotel is 243 trip ends. This results in 227 excess trip ends. d. Relationship to Comprehensive Plan: Mr. Anderson said the housing situation is something they have to think about. He didn’t feel they are legally required to keep the hotel there. Ms. Smith said she didn’t think there is a requirement but the effort to replace affordable housing is important. Mr. Wilking suggested that this is a major intersection off a highway and is not where people want to live. He noted that in Burlington developers can buy credits for destroyed housing units. Mr. Behr agreed with staff that the plan is inconsistent with the objectives of the Comprehensive Plan. He noted there are projects the Board may love that don’t fit and some the Board hates that do meet the regulations. He was concerned with removing a residential use and replacing it with a service station. Mr. Anderson said what is permitted is a motel. If that is the baseline, there is no issue. Mr. Belair said with the 15‐year statute of limitations, it may be an “extended stay hotel.” e. Parking: Mr. Anderson noted the issue is front yard parking. He said they will meet the requirement, but he didn’t know how. One possible way is to keep the building where it is and solve the issue; another is to put parking “under a porch,” so it is now “inside the building.” Staff has said they should move the building up to the street. Mr. Anderson said that results in conflict with the CWD easement that they can’t build on top of. The only alternative would be to move the building south which would move the connection to Hannaford’s lot between the 2 buildings to the north, but that is a bad design from a safety point of view. Mr. Anderson noted the regulations allow parking in front if there is an easement issue or soil issues. Mr. Belair noted the CWD easement is confined to the northeast corner of the property which would allow the building to be moved to where it would be south of the easement. The dimensions of the building could also be changed. Mr. Behr noted that even with a “porch” you are still seeing cars in front of the building. Mr. Wilking said he had no issue with parking in front. f. PUD Standard: Staff does not consider that the layout meets the classification for a PUD. It is not “innovative” and does not efficiently use the available space. Mr. Anderson said they feel they meet the legal requirements for a PUD and that “innovative” is not a legal requirement. Mr. Wilking said this is the entrance to the City of South Burlington and a lot could be done to be more innovative in terms of style. He added that they applicant is up against a lot here, some of which is not fixable. A representative of the abutting landowner (833 Queen City Park Road, a 30-unit apartment building with a parking lot) noted that there is a pending claim against this applicant for contamination of soils. They want to be on record that this is an ongoing case and they are concerned that the applicant’s project may damage/impact their abutting property. Mr. Wilking moved to continue SD-18-16 to 17 July 2018. Ms. Smith seconded. Motion passed 4-0. Mr. Sullivan rejoined the Board. 9. Minutes of 15 May 2018 : Mr. Wilking moved to approve the Minutes of 15 May 2018 as written. Ms. Smith seconded. Motion passed 5-0. 10. Other Business: There was no other business. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:44 p.m. These minutes were approved by the Board on ____________. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. #MS‐18‐02 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MERRILL CATE—4 SLOCUM STREET MISCELLANEOUS APPLICATION #MS‐18‐02 FINDINGS OF FACT AND DECISION Miscellaneous application #MS‐18‐02 of Merrill Cate to alter the existing grade for stormwater improvements. The improvements consist of regrading the lot and installing two stormwater manholes connected with a perforated pipe to an existing drain manhole, 4 Slocum Street. The Development Review Board held a public hearing on June 5, 2018. The applicant represented himself. Based on the plans and 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, Merrill Cate, seeks to alter the existing grade for the purpose of making stormwater improvements, 4 Slocum Street. 2. The improvements consist of regrading the north side yard and the rear yard and installing two stormwater manholes connected with a perforated pipe to an existing drain manhole. 3. The subject parcel ID is 1580‐00004. 4. The application was received on April 30, 2018. 5. The parcel is located in the Residential 4 Zoning District. 6. The plans submitted consist of two (2) pages titled Cate Residence Before and Cate Residence and are undated. 3.12 Alteration of Existing Grade Under existing conditions, the rear yard and north side yard of the parcel are graded with low points which produce ponding during rain storms, as shown in photographs provided by the applicant. There is an existing drain in the front of the parcel towards the north which captures excess stormwater runoff not infiltrated from the lot and from adjoining properties. A City permit is needed for the placing or removing of fill on land when the amount is equal to or greater than 20 cubic yards except when incidental to or in connection with the construction of a structure on the same lot. Based on the provided application materials, the applicant is proposing to install 4‐inch perforated PVC pipe with two new drain inlets and core a new connection to the existing drain inlet, and to level the existing swales after the drains are installed for the purpose of alleviating surface water #MS‐18‐02 2 ponding. The applicant estimates that 28 cubic yards of material will be placed, and that some of the fill material will be placed on adjoining properties. Provided site plans show the existing grade of the swales relative to the overall grade of the site, and the location of the proposed perforated pipe and inlets. The applicant indicates that the finish grade will be near level except at the location of the existing drain inlet, which will remain low to facilitate positive drainage. The Assistant Stormwater Superintendent reviewed the application on May 30, 2018 and indicated he has no comments on the application. The Board finds this criterion to be met. DECISION Motion by ___, seconded by ___, to approve miscellaneous application #MS‐18‐02 of Merrill Cate, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. Any change to the plan will require approval by the South Burlington Development Review Board or Administrative Officer. 4. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of _ – _ – _ Signed this ____ day of June, 2018, by _____________________________________ Bill Miller, 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 #MS‐18‐02 3 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. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: SP‐18‐16 & CU‐18‐07 10 Lime Rock Rd DATE: June 5, 2018 Development Review Board meeting Trono Fuels has submitted a conditional use and site plan application (#CU‐18‐07 & #SP‐18‐15) to amend a previously approved site plan for an auto repair facility. At the May 15, 2018 hearing, the Board heard the applicant and continued the hearing to address landscaping and replacement of landscaping required as part of the previously approved site plan. Staff considers that the outstanding topic is relatively minor and has therefore prepared a draft decision for this application. Staff has provided draft language regarding landscaping, depending on the findings of the Board. A further discussion of the issues is below. 13.06G LANDSCAPING STANDARDS The applicant has provided a revised landscape plan on Sheet L1‐01 and a revised landscape budget on the provided Plant List. The estimated cost of construction is $196,500, requiring $5,895 in landscaping value to be added to the site. The applicant is proposing $5,950 in proposed plantings. In addition, the applicant is proposing to remove one lilac, a row of shrubs, and a 16‐inch maple from the site which were required as part of the prior site plan approval. The applicant is proposing to replace these plants with a row of seven weeping willows, three lilacs and three yews, and has provided calculations prepared by a landscape professional demonstrating that the value of the proposed replacement plantings is equal to the value of the plantings to be removed. In addition, the caliper of the proposed hardwood plantings exceeds the caliper of the hardwood plantings to be removed, consistent with 13.06I. The shrubs and lilac are not measured on a caliper basis and thus the applicant has approximated their replacements using size and cost of the replacement plantings. #SP‐18‐16 & #CU‐18‐07 2 RECOMMENDATION Staff recommends that the Board discuss the project with the applicant and conclude the hearing. Respectfully submitted, ____________________________________ Marla Keene, Development Review Planner 0FeetGraphic Scale10 10 20 30 4015°±VT GridMagneticSheet TitleProject TitleUse of These DrawingsProject Reference:Scale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEYNo. 9020CIVILABIGAIL A. D ERYSTATE OF VERMO N T PRO FESSIONALENGINEERLICENSEDField Book:1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities.¬They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property.¬Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy containsthe most current revisions. If unsure, please contact TCE.PLANNING ENVIRONMENTALTAX ID:104/30/18 CMJRevisions to Parking andDumpster Locations¬1035-00010PLANT LISTL-001LAST REVISED 03/15/20132013 TRUDELL CONSULTING ENGINEERSTREE PLANTING DETAIL4" SAUCER RIMBACKFILL WITH EXCAVATEDMATERIAL. IF SOIL ISPREDOMINATELYCLAY OR GRAVELINCORPORATEORGANIC MATERIAL ASDIRECTED AND APPROVEDBY LANDSCAPE ARCHITECTPLANT PIT WIDTH3X BALL DIA.NOTES:* STAKE ONLY IN EXTREMELY WINDY CONDITIONS AS APPROVED BY LANDSCAPE ARCHITECT * IF KNOWN, PLANT THIN BARKED TREES WITH THE SAME SUN ORIENTATION OR WRAP WITH WHITE POLYPROPYLENE WRAP * BURLAP: LOOSEN, CUT, & REMOVE NATURAL BURLAP FROM TOP 1/2 OF ROOT BALL. REMOVE SYNTHETIC BURLAP * WIRE BASKETS: CUT AWAY BOTTOM RINGS. PARTIALLY BACKFILL THEN REMOVE REMAINING WIRE. * PLANT TREE TO EXPOSE ROOT FLARE, MAIN ORDER ROOT, AND IN SAME ORIENTATION AS TREE WAS GROWN. DO NOT PLANT TOO DEEP * 3" LAYER SHREDDED BARK MULCH (TO BE APPROVED BY LANDSCAPE ARCHITECT) OVER PERMEABLE WEED FABRIC. DO NOT PLACE NEXT TO TREE TRUNK6" CLEARANCE2' DIA.MULCH RINGSLOPE GROUNDTO DRAINDIG TREE PIT ONLY ASDEEP AS ROOT BALLL-002LAST REVISED 03/15/20132013 TRUDELL CONSULTING ENGINEERSBALL AND BURLAP SHRUBFROM TOP 1/3 OF ROOT BALL*LOOSEN, CUT, & REMOVE BURLAPCONTINUOUS WHEN USED IN BEDS.WEED BARRIER FABRIC TO BE*SHREDDED BARK MULCH ANDGROWNWHICH SHRUB HAD PREVIOUSLY*PLANT SHRUB AT SAME DEPTH ATARCHITECT) OVER PERMEABLE WEED(TO BE APPROVED BY LANDSCAPE3" LAYER SHREDDED BARK MULCH3" SAUCER RIMFABRIC. DO NOT PLACE CLOSE TOMAIN STEM.PLANT PIT WIDTH 3XBALL DIA.NOTES:BACKFILL WITH EXCAVATEDMATERIAL. IF SOIL IS PREDOMINATELYCLAY OR GRAVEL INCORPORATEORGANIC MATERIAL AS DIRECTEDAND APPROVED BY LANDSCAPEARCHITECT¬Landscape PlanL1-0103/26/20181" = 10'17-054RMPAADJPP345Trono Fuels10 Lime Rock RoadSouth Burlington, VermontL-006LAST REVISED 01/14/20162016 TRUDELL CONSULTING ENGINEERSGROUND COVER & PERENNIAL PLANTING, SPACING CHART3" MULCHFINISH GRADEPLANTING SOIL CONTINUOUS IN BEDUNDISTURBED ORCOMPACTED SUBGRADE1/2 ROOT BALL DIA.12" MIN."B""A""A""A"60°60°60°PLANT SPACING ("A") ROW SPACING ("B")6 IN. O.C. 5 IN. O.C.8 IN. O.C. 7 IN. O.C.10 IN. O.C. 8-1/2 IN. O.C.12 IN. O.C. 10-1/2 IN. O.C.15 IN. O.C. 13 IN. O.C.18 IN. O.C. 16 IN. O.C.24 IN. O.C. 21 IN. O.C.30 IN. O.C. 26 IN. O.C.36 IN. O.C. 30 IN. O.C.48 IN. O.C. 42 IN. O.C.54 IN. O.C. 48 IN. O.C.60 IN. O.C. 54 IN. O.C.205/28/18 JLGLandscaping Revisions Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park Road Williston, VT 05495 802 879 6331 www.tcevt.com TRUDELL Landscape Architecture Key Scientific Name Common Name Qty Price/Plant Total AF Acer x freemanii Autumn Blaze Autumn Blaze Maple 2 2 1/2 - 3" Cal.B&B $500 $1,000 TON Thuja occidentalis nigra Dark American Arborvitae 8 8'-10' B&B $420 $3,360 RA Rhus aromatica Fragrent sumac 12 3 Gal. Cont. $45 $540 RR Rosa rugosa Rugosa Rose 8 3 Gal. Cont. $45 $360 PO Physicarpus opulifolius ' Diablo' Red Leafed Ninebark 6 5 Gal. Cont. $65 $390 SP Syringa patula "Miss Kim" Miss Kim Lilac 3 3-4' B&B $100 $300 Subtotal $5,950 REPLACEMENT PLANT LIST SA Salix alba 'Tristis' Golden Weeping Willow 72 1/2 - 3" Cal.B&B $520 $3,640 SP Syringa patula "Miss Kim" Miss Kim Lilac 3 3-4' B&B $100 $300 TMG Taxus media 'Greenwave' Greenwave Yew 5 24"-30" B&B $110 $550 Subtotal $4,490 Constr. Cost Estimate 196,500$ Landscape Budget Required 5,895$ Remove 16" Dead Maple in Front of building Value $3,640 Remove Lilac on northeast corner of building Value $300 Remove 5 Yew Shrubs from front of building Value $500 Total $4,440 Size 17-054 10 LimeRock Road PLANT LIST 5/31/2018 #SP-17-44Approved but not closedout 2/26/1985Approved Site Plan #SP‐18‐16 #CU‐18‐07 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TRONO FUELS – 10 LIME ROCK ROAD SITE PLAN APPLICATION #SP‐18‐16 & CONDITIONAL USE APPLICATION #CU‐18‐07 FINDINGS OF FACT AND DECISION Conditional use application #CU‐18‐07 and site plan application #SP‐18‐15 of Trono Fuels to amend a previously approved site plan for an auto repair facility. The amendment consists of constructing a 1,600 sf addition to the existing building, adding a paved parking lot and changing the use to contractor or building trade facility. A portion of the proposed work is located within a stream buffer, requiring conditional use review, 10 Lime Rock Road. The Development Review Board held a public hearing on May 15 and June 5, 2018. The applicant was represented by Abagail Dery. 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. Trono Fuels, hereinafter referred to as the applicant, is seeking conditional use and site plan approval to construct a 1,600 sf addition with three garage bays to the existing building, adding a paved parking lot and changing the use to contractor or building trade facility, 10 Lime Rock Road. 2. The owner of record of the subject property is Trono Fuels. 3. The subject property is located in the Mixed Industrial and Commercial District. 4. The application was received on April 12, 2018. 5. The plan set submitted consists of a twelve (12) page plan set entitled “Trono Fuels Legend and Notes,” prepared by TCE and dated March 26, 2018 last revised May 28, 2018. 6. The project also includes the extension of municipal sewer service in the public ROW along Lime Rock Road. 7. In 2017, the Project received an after‐the‐fact approval to convert the exiting building to a contractor or building trade facility and to establish an outdoor storage area (#SP‐17‐ 44). The previous approval never received a certificate of occupancy, thus the current application addresses the change in use as well as the proposed addition, parking lot paving, and floodplain impacts. 8. The current valid approval includes an outdoor storage areas. The current application includes removal of this approval. 9. The application is subject to conditional use review because a portion of the work is #SP‐18‐16 #CU‐18‐07 2 located within the floodplain overlay district (Section 10.01F(1)(e)). ZONING DISTRICT & DIMENSIONAL REQUIREMENTS IC Zoning District Required Existing Proposed Min. Lot Size 40,000 sf 40,005 SF 40,005 SF Max. Building Coverage 40 % 5.0% 9.0% Max. Overall Coverage 70 % 21.1% 40.4% @ Min. Front Setback 30 ft. 43 ft. 43 ft. @ Min. Side Setback 10 ft. 15 ft. 15 ft. Min. Rear Setback 30 ft. > 30 ft. > 30 ft. Max. Front Setback Coverage 30% 27.9% 29.2% Max. Height (flat roof) 35 ft. < 30 ft. < 30 ft. Surface Water Setback 50 ft. 71 ft. 50 ft. √ Zoning Compliance SECTION 10.01 FLOODPLAIN OVERLY DISTRICT Within the floodplain overlay district, grading, excavation, or the creation of a pond is a conditional use subject to approval by the Development Review Board. The project is located within the floodplain overlay Zone AE subdistrict and in the floodplain overlay Zone 0.2% subdistrict. Floodplain Overlay Zone A, AE and A1‐30 Subdistrict Standards (a) No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. The applicant has provided a statement from their engineer that the proposed improvements will not result in increase in flood levels or risk to surrounding properties, facilities or structures. The Board finds this criterion met. (b) Within the Floodplain Overlay (Zones A, AE, and A1‐30) Subdistrict, excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table, interfere with natural flow patterns, or reduce flood storage capacity. The Board finds this criterion met. (c) All development allowed as Conditional Uses pursuant to Section 10.01(F)(1)(e) above shall meet the following additional standards: (i) All development shall be reasonably safe from flooding, as determined by compliance with the specific standards of this subsection. #SP‐18‐16 #CU‐18‐07 3 (ii) All development shall be designed (I) to minimize flood damage to the proposed development and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to flood hazards. (iii) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by methods and practices that minimize flood damage, and (IV) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (iv) N/A (v) N/A (vi) The flood carrying capacity within any portion of an altered or relocated watercourse shall be maintained. (vii) – (xv) N/A The purpose of the development within the floodplain is to provide stormwater treatment for the proposed expansion of the existing development. The proposed treatment practice is located predominantly in cut with no more than a few inches of fill at the highest point. The Board finds this configuration is adequately protective against destabilization during flood conditions. Floodplain Overlay Zone 0.2% Subdistrict Standards The standards in this subdistrict pertain to structures. The stormwater treatment facility is not a structure and therefore these standards are not applicable. ARTICLE 12 SURFACE WATER PROTECTION STANDARDS 12.01C. Surface Water Buffer Standards (“Stream Buffers”) (1) Applicability. The requirements of this Section shall apply to all lands described as follows: ……. (c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream This applicable area includes a portion of the undeveloped area to the rear of the existing gravel parking lot, labeled on the provided plan as “50’ Riparian Buffer.” (2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City’s streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally #SP‐18‐16 #CU‐18‐07 4 vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows: (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed more than one (1) time per calendar year after establishment. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. The majority of area within the stream buffer will not be disturbed. The applicant has not indicated what the surface treatment will be in the area designated as snow storage. The Board finds that this area must be seeded in accordance with this standard and not mowed. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. The applicant is proposing to locate snow storage within the stream buffer. 2. Staff considers that there are other lawn areas outside the stream buffer which may be more suitable for snow storage and recommends the Board discuss with the applicant whether they can relocate the snow storage to elsewhere. 12.03 Stormwater Management Standards The Assistant Stormwater Superintendent reviewed the application on May 10, 2018 and offers the following comments. Marla, The Stormwater Section has reviewed the “Trono Fuels – 10 Lime Rock Road” plans prepared by TCE, dated 3/26/2018. We would like to offer the following comments: 1. Revise the forebay to provide a minimum depth of 2 feet. 2. Confirm if wetland plants included in the Gravel Wetland Section detail on Sheet C8‐03 are suitable for continuous inundation of 1.75’ of water. 3. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. #SP‐18‐16 #CU‐18‐07 5 Thank you for the opportunity to comment, Dave The Board finds the comments of the Stormwater Section shall be conditions of approval. SITE PLAN REVIEW STANDARDS 14.06 General Review Standards Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The project is located in the northeast quadrant, whose objectives as stated in the comprehensive plan are to allow opportunities for employers in need of large amounts of space provided they are compatible with the operation of the airport, and to provide a balanced mix of recreation, resource conservation and business park opportunities in the south end of the quadrant. The Board finds that the proposed use is compatible with the airport and that the site is not located in the south end of the quadrant. The Board finds this criterion met. B. 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 locate parking and bicycle parking to the front of the site and truck movements to the rear of the site. The Board finds this criterion met. (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 formalize two existing parking spaces to the front of the building, and to add additional parking to the side of the existing building. 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. The Board finds this criterion met. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: #SP‐18‐16 #CU‐18‐07 6 A. 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. The project is located on a minor street. The Board finds that reservation of land for reducing curb cuts is not required, and considers this criterion met. B. 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 15.13, Utility Services, shall also be met. No new wire‐served utility services are proposed. The Board finds this criterion met. C. 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. The applicant is proposing to provide an enclosed 8’x10’ concrete dumpster pad. The Board finds this criterion met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The applicant is proposing to remove a lilac, a row of shrubs, and a maple which were included on the previously approved site plan. The applicant has provided a proposed landscaping plan which replaces the removed trees, the maple on a caliper by caliper basis in accordance with Section 13.06I and the lilac and shrub on a size basis. The applicant has also provided a table of landscape values demonstrating the estimated value of landscaping to be removed and landscaping to be replaced, as well as new landscaping required in Section 13.06G(3) as a percentage of building expansion. The required minimum landscape value is $5,895 based on an estimated construction cost of $196,500. The provided new landscaping value exceeds the minimum required landscape value by $55. The Board finds this criterion met. E. Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable #SP‐18‐16 #CU‐18‐07 7 limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre‐existing condition exceeds the applicable limit. The Board finds that no modification of standards is necessary. F Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. The Board finds this criterion met. G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. As part of this project, the applicant is proposing to extend the municipal sewer on Lime Rock Road to connect to the property. The applicant has obtained preliminary wastewater allocation for the proposed connection. The Director of Public Works reviewed the project on March 8, 2018 and offers the following comment. For trench repaving the note should be: “repave with 2 ½” base pavement with a 1 ½” top layer or match existing depth of pavement, whichever is greater.” The Board finds the comment of the Director of Public Works shall be a condition of approval. SECTION 14.10 CONDITIONAL USE CRITERIA Pursuant to Section 10.01 of the South Burlington Land Development Regulations (Floodplain Overlay District), the proposed stormwater treatment practice shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10(E) General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The Board find the proposed project consistent with the stated purpose of the Mixed Industrial‐ Commercial District, which is “to encourage general commercial activity in areas of the City served #SP‐18‐16 #CU‐18‐07 8 by major arterial roadways and with ready access to Burlington International Airport.” The Board finds this criterion met. (3) Traffic on roads and highways in the vicinity. The PM peak number of trips generated by this use will be 2.99 based on 3,600 sf of general light industrial. The proposed 1,600 sf expansion will generate 1.33 trips. The Board finds this project will have no adverse effect on traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. The Board finds this criterion met. See above for a discussion of compliance with floodplain and site plan standards. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. OTHER 3.15 Energy Standards The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 13.14 Bicycle Parking and Storage The minimum required short‐term bicycle parking for the building is 2 spaces. The applicant is proposing an inverted‐U style rack on a 2‐foot by 6‐foot concrete pad. The Board finds this criterion met. 16.03 Standards for Erosion Control during Construction The applicant has submitted a demolition and EPSC plan in support of the project. The Board finds that the provided Erosion Control notes do not reflect the required stabilization timelines of 16.03B, nor has the applicant demonstrated compliance with the minimum topsoil thickness requirements of 16.04A. Wastewater The applicant is proposing to extend the sewer line from Ethan Allen Drive to the subject property. The City will review this design as part of separate permit review processes. DECISION The South Burlington Development Review Board hereby approves Conditional Use application #CU‐18‐07 and Site Plan application SP‐18‐17 of Trono Fuels, subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. #SP‐18‐16 #CU‐18‐07 9 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. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the Administrative Officer prior to recording the plat. a. Provide a naturalized mix of grasses in disturbed areas within the stream buffer and prohibit mowing in the stream buffer b. Relocate the snow storage area located in the southwest corner of the parking lot out of the stream buffer to the unpaved area west of the existing 20‐inch sugar maple on the south property line. c. Revise the forebay to provide a minimum depth of 2 feet. d. Remove wetland plans that are unsuitable for continuous inundation from the Gravel Wetland Section detail on Sheet C8‐03. e. Change the trench repaving note to “repave with 2 ½” base pavement with a 1 ½” top layer or match existing depth of pavement, whichever is greater.” f. Revise the EPSC plan to reflect 4‐inches minimum topsoil thickness. g. Revised the EPSC plan to reflect the stabilization timelines of 16.03B. 4. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 5. The applicant shall obtain wastewater allocation prior to zoning permit approval. 6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 7. A digital PDF version of the full set of approved final plans shall be delivered to the Administrative Officer before obtaining a zoning permit. 8. Prior to issuance of the zoning permit, the applicant shall post a landscaping bond with a value of $5,895. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 9. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 10. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. #SP‐18‐16 #CU‐18‐07 10 Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of _ – _ – _ Signed this ____ day of May, 2018, by _____________________________________ Bill Miller, 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. #SD‐18‐15 1 1 of 5 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ERNEST N. AUCLAIR FAMILY TRUST 1731 HINESBURG ROAD FINAL PLAT APPLICATION #SD‐18‐15 FINDINGS OF FACT AND DECISION Final plat application #SD‐18‐15 of Ernest N. Auclair Family Trust to subdivide an existing parcel developed with a single family dwelling into two lots of 15 acres (Lot #1) and 117 acres (Lot #2), 1731 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, June 5, 2018. The applicant was represented by Jennifer Desautels. Based on testimony provided at the above mentioned public hearing 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 project consists of Final plat application #SD‐18‐15 of Ernest N. Auclair Family Trust to subdivide an existing parcel developed with a single family dwelling into two lots of 15 acres (Lot #1) and 117 acres (Lot #2), 1731 Hinesburg Road. 2. The owner of record of the subject property is Ernest N. Auclair Family Trust. 3. The application was received on April 16, 2018. 4. The subject property is located in the Southeast Quadrant Neighborhood Residential (SEQ‐NR) and Natural Resource Protection (SEQ‐NRP) Zoning subdistrict. 5. The submitted plans consist of a two (2) page set. The first page is entitled “Site Plan”, prepared by TCE, dated March 30, 2018. 6. The Development Review Board reviewed a sketch plan application on May 6, 2018 (#SD‐18‐14). 7. The project consists of subdividing off a 15 ac. parcel (referred to on the plans as “New Lot 3”) from the larger 117+/‐ ac. parcel (referred to on the plans as “Remainder of Auclair Trust Parcel, Lot 2”). The new 15 ac. parcel will include the existing 8‐bedroom farmhouse and one existing barn. There is no new construction proposed. 8. The State requires the applicant to provide a location for a future replacement wastewater system should the existing system fail. There is also a future replacement well site shown as required by the State. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS #SD‐18‐15 2 2 of 5 The 15 acre parcel is located entirely within the SEQ‐NR district. The remaining 117 acre parcel is located partially within the SEQ‐NR district and partially within the SEQ‐NRP district. Dimensional standards described in Appendix C are the same for both districts. Existing development on the 15 acre parcel consists of a single‐family farmhouse and a barn. Existing development on the 117 acre parcel consists of a dairy barn and farm roads, which are eligible for agricultural exemption and not subject to DRB review. SEQ‐NR & SEQ‐ NRP Required 15 Acre Parcel 117 Acre Parcel Min. Lot Size 40,000 sq. ft. >40,000 sq. ft. >40,000 sq. ft. Max. Building Coverage1 15% 1.69% N/A Max. Overall Coverage1 30% 2.64% N/A Min. Front Setback 20 ft. >20 ft. N/A Min. Side Setback 10 ft. > 10 ft. N/A Min. Rear Setback 30 ft. > 30 ft. N/A Building Height (pitched roof) 28 ft. Unknown, no change proposed N/A Proposed to be in compliance 1. Includes non‐agricultural exempt elements only This subdivision meets the density and minimum lot standards for the district. The Board finds that the density requirements will be met. SUBDIVISION STANDARDS Section 15.18A of the South Burlington Land Development Regulations establishes the following general standards for all subdivisions. (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. No new buildings or expansion in use are proposed. The Board finds this criterion to be met. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. No construction is proposed. The Board finds this criterion to be met. #SD‐18‐15 3 3 of 5 (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The access will remain unchanged for the 15‐acre parcel, via a driveway north of the existing home. The access to the 117‐acre parcel is via a curb cut and driveway south of the existing home. The access is located on the 15‐acre parcel. In addition to this standard, the Vermont Agency of Transportation (VTrans) has reviewed the plan and notes that 19 VSA Section 1111(k) states the following. No deed purporting to subdivide land abutting a State highway or a class 1 town highway can be recorded unless all the abutting lots so created are in accord with the standards of this section, including the requirement to provide a frontage road or roads. They further note that the standards of Section 1111 require an access plan be provided for the current use. The Board finds that a 20‐foot access easement on the 15‐acre parcel is needed to provide access to the 117‐acre parcel. (4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project’s impact on natural resources. The 117 acre lot contains a large area of wetlands at the southeast corner according to State wetland mapping. The Board finds that there is sufficient area available on the lot available to allow future development without necessitating wetland impacts. The applicant has supplied a site plan indicating shallow ledge over a portion of the 15 acre lot. The Board has no concerns about the ability of the subdivision to protect these natural resource areas, and finds this criterion met. (5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The purpose of the SEQ district is to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well‐ planned residential use. The Board finds this criterion met. (6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. No construction is proposed. The Board finds this criterion to be met. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval #SD‐18‐15 4 4 of 5 including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. No changes affecting the ability to provide fire protection are proposed. The Board finds this criterion met. (8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. No changes affecting this criterion are proposed. The Board finds this criterion met. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The Board finds that the subject property is served by private water and wastewater systems, and electric accessed via Hinesburg Road. The 117 acre lot draws electricity via a line which crosses the 15 acre lot. The Board finds that a utility easement on the 15 acre lot is needed. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds this criterion met. (11) The project’s design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. No construction is proposed. The Board finds this criterion to be met. DECISION Motion by __, seconded by __, to approve final plat application #SD‐18‐15 of Ernest N. Auclair Family Trust, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat plan must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat must be submitted to the Administrative Officer prior to recording the plat. #SD‐18‐15 5 5 of 5 a. Include the signature and seal of the land surveyor. b. Show a 20‐foot wide access easement on the 15‐acre lot to serve the 117‐acre lot c. Show a utility easement on the 15‐acre lot to serve the 117‐acre lot 4. A digital PDF version of the full set of approved final plat must be delivered to the Administrative Officer before recording the final plat plan. 5. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. 6. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) must be recorded in the land records within 180 days or this approval is null and void. The plat plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit copies of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of _ – _ – _. Signed this ____ day of __________________ 2018, by _____________________________________ Bill Miller, 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. #SD‐18‐16 Staff Comments 1 1 of 7 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD‐18‐16_793 907 Shelburne Rd_R L Vallee_Sk_2018‐06‐ 05.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: June 1, 2018 Plans received: May 7, 2018 793 & 907 Shelburne Road Sketch Plan Application #SD‐18‐16 Meeting date: June 5, 2018 Owner 793 Shelburne Road: Phoenix 2, LLC, c/o Ernest Hoechner 79 Commerce St Hinesburg, VT 05461 907 Shelburne Road: Skipco Inc. 793 Shelburne Road South Burlington, VT 05403 Applicant R. L. Vallee, Inc. c/o Skip Vallee P.O. Box 192 St. Albans, VT 05478 Property Information 793 Shelburne Rd: Tax Parcel 1540‐00793 907 Shelburne Rd: Tax Parcel 1540‐00907 Commercial 1 Residential 15 District 0.36 ac, 0.59 ac Engineer Civil Engineering Associates, Inc. c/o Christopher Galipeau 10 Mansfield View Ln South Burlington, VT 05403 Location Map #SD‐18‐16 Staff Comments 2 2 of 7 PROJECT DESCRIPTION Sketch plan application #SD‐18‐16 of R.L. Vallee, Inc. to demolish an existing hotel and a portion of an existing service station and create a planned unit development consisting of an expanded service station with four additional fueling positions for a total of twelve and associated 9,000 square foot retail sales building, 793 and 907 Shelburne Road. PERMIT HISTORY The proposed Project is within the Commercial 1 Residential 15 (C1‐R15) district and the traffic overlay district. The parcel at 793 Shelburne Road is an existing non‐conforming structure (the canopy having zero front yard setback) and two existing non‐conforming uses: 1) an eight fueling position service station and 2) auto & motorcycle service & repair). The existing use also does not conform to the traffic overlay district, which is discussed in detail below. The parcel at 907 Shelburne Road is an existing extended stay hotel. This property is also non‐conforming as the structure is located within the front yard setback. The existing structure does not conform to the front yard setback. COMMENTS Administrative Officer Ray Belair and Development Review Planner Marla Keene (“Staff”) have reviewed the plans submitted on 5/7/2018 and offer the following comments. Numbered items for the Board’s attention are in red. CONTEXT The proposed Project consists of creating a two‐lot planned unit development for the purposes of expanding the existing service station and constructing a retail sale building. The applicant is proposing to combine the two presently separate and unconnected properties in a single PUD. Staff has several concerns about the application, covering the following general topics. 1. Overall Site Coverage 2. Nonconformity 3. Traffic 4. Relationship to Comprehensive Plan 5. Parking 6. Applicability of PUD designation #SD‐18‐16 Staff Comments 3 3 of 7 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions C1‐R15 Required 793 Shelburne Road 907 Shelburne Road Existing Proposed Existing Proposed @Min. Lot Size 40,000 sq. ft. 15,800 sq. ft. 15,800 sq. ft. 25,700 sq. ft. 25,700 sq. ft. Max. Building Coverage 40% 23% 16% 13% 18% *Max. Overall Coverage 70% 68% 77% 53% 66% @Min. Front Setback 30 ft. 0 ft. 0 ft. 9 ft. 61 ft. Min. Side Setback 10 ft. 25 ft. 37 ft. 11 ft. 38 ft. Min. Rear Setback 30 ft. 30 ft. 49 ft. 59 ft. 53 ft. *Building Height (flat roof) 35 ft. < 35 ft. < 35 ft. Unknown Unknown @ Existing non‐conformity Meets standard * See discussion. 1. Overall Site Coverage The applicant has stated that their calculation of lot coverage excludes the proposed pervious pavers. While Staff generally supports pervious pavers as a stormwater BMP, Staff and the Board have consistently taken the position that pervious pavers count as overall lot coverage (see Findings of Fact and Decision for #SD‐18‐06 & #SP‐17‐82). Therefore the applicant’s calculation of lot coverage is incorrect and the maximum overall coverages are not met, even when the two parcels are considered together. Zoning District Standards ‐ Commercial 1 District Supplemental standards for the C1 district pertain to parking and access. Parking minimums may be reduced depending on the extent of shared parking and pedestrian access. Curb cuts must be minimized. Parking is discussed below as it pertains to Site Plan Review Standards. Curb cuts are discussed below as they pertain to the Traffic Overlay District. 2. Nonconformities Nonconformities are addressed in Section 3.11, which states the following: 3.11 Nonconformities A. General Provisions. These provisions shall apply to all nonconforming uses, structures, lots, and parcels, except within the City Center Form Based Code District. See Article 8 for nonconformities applicable in that District. B. Continuance and Restrictions. (1) Any lawful structure or any lawful use of any structure or land existing at the time of the enactment of these regulations may be continued, although such structure or use does not conform with the provisions of these regulations, provided the conditions in this Section 3.11 are met. #SD‐18‐16 Staff Comments 4 4 of 7 (2) A nonconforming use may be continued provided that such structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (3) A nonconforming structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, with the provision that the degree of nonconformance shall not be increased. (4) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe condition as required by the Administrative Officer. (5) A nonconforming structure shall not have its degree of nonconformance increased. (6) A nonconforming use shall not be extended or enlarged, nor shall it be extended to displace a conforming use, nor shall it be changed to another nonconforming use, nor shall it, if changed to a conforming use, thereafter be changed back to a nonconforming use. (7) Nothing in these Regulations shall be construed to prevent the owner of a multi‐tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. 2a. Nonconforming Canopy Structure The applicant has stated they believe removing the building and replacing it with gas pumps would be a reconstruction of a non‐conforming structure. The proposed expansion appears to be conforming and Section 3.11D(1) states that a nonconforming structure may be altered provided such alteration does not exceed in aggregate cost twenty‐five percent (25%) of the current assessed value as determined by the City Assessor. The current assessed value is approximately half a million dollars therefore the addition could not exceed approximately $125,000. 2b. Change of Nonconforming Use Auto & motorcycle service and repair. A business enterprise engaged in the servicing and repair of automobiles and/or motorcycles, including auto body repair or auto detailing, including the sale and installation of automobile and/or motorcycle parts and accessories. Includes Auto & Motorcycle Sales, Limited in conformance with these regulations. Service station. A building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered. See service station. The free or retail dispensing of electricity for vehicles within approved on‐street or off‐street parking spaces shall not constitute a service station. The applicant has stated they believe the entire lot is in use as a service station. In reviewing the definitions of service station and auto & motorcycle service & repair, Staff considers there to be two separate uses on the site. The definition of service station speaks specifically to minor repairs, while based on existing signage the majority of the existing building meets the definition of auto & motorcycle service & repair. Neither Service Station nor Auto Service and Repair are allowed uses within the C1 R15 district. Staff considers the proposed removal of auto service and repair and replacement with service station to be a change from one non‐conforming use to another, which is specifically prohibited under Section 3.11B(6). #SD‐18‐16 Staff Comments 5 5 of 7 2c. Expansion of Nonconforming Use Regardless of the Board’s interpretation of the change of use, Staff considers that the proposed addition of four fueling positions represents an expansion in use, which is specifically prohibited under Section 3.11B(6) because of the impacts to traffic. Regardless of the applicant’s argument that the entire lot is one use, Staff considers that the use is not only a function of dimensions but also a function of the impacts to the neighborhood. According to methodology in the ITE Trip Generation Manual 10th Edition, the addition of four fueling positions would result in significantly higher vehicle trips, thus expanding the use. Traffic is discussed in detail below, but considered in terms of traffic, adding four fueling positions would increase the number of peak hourly vehicle trips by at least 92, thereby expanding the nonconformity of the use, even taking into account the removal of a portion of the non‐conforming structure. 2d. Nonconforming Parking The applicant is proposing parking to the front of the building. Parking is discussed below as it pertains to Site Plan Review Standards. 3. Traffic The Project is located in Zone 1 of the Traffic Overlay District, which allows a maximum of 15 peak hour trip ends per 40,000 sq. ft. of land area. The Project consists of 41,500 sq. ft., therefore the allowable traffic generation (the “budget”) for both properties together is 15.56 trips. Using the ITE Trip Generation Manual 10th Edition with the land use of Motel and of Gasoline/Service Station, Staff estimates the existing trip generation is 117.24 vehicle trip ends (VTEs). This figure of 117.24 is considered a pre‐existing nonconformity. For the Project to go above this number, the applicant must first make physical improvements to provide adequate credits to offset the excess approximately 102 excess trip ends for the property, and then make additional improvements to offset any additional traffic proposed to be created by the Project. Specifically, Section 10.02H(2) states that no credits are given for improvements if the site already exceeds the maximum until the pre‐existing nonconformity is overcome: In the event that the existing peak hour trip generation of the uses presently authorized and operating on the site exceeds the maximum allowable traffic budget for the site including credits, the existing peak hour trip generation shall be the maximum allowable for the site, and no additional credits shall be provided for site improvements or any other cause. Section 10.02H(1) states that the DRB may approve peak hour traffic volumes above the allowable maximum if sufficient improvements are made to provide credit for the additional trips. Credits can be in the form of reduction of the number of driveways/access points, connections to adjacent parcels, connection to other roadways, or raised medians preventing left turns. The applicant is proposing to remove the motel and construct a 9,000 sq. ft. convenience store and add four additional fueling positions to the two properties. Removing the motel would reduce the VTEs by 5. By adding a convenience store and four fueling positions, the applicable ITE land use for the service station changes. There are multiple potentially applicable categories under the proposed configuration. When appropriate, Staff will determine the appropriate number of VTEs. As an initial estimate, Staff considers the proposed configuration would generate between 243 and 656 VTEs depending on calculation method. The applicant would therefore need to make improvements to obtain credit for at least 227 VTEs in order to #SD‐18‐16 Staff Comments 6 6 of 7 be approved. Based on past experience, this number is substantial and significant. Staff considers the number of required credits would be difficult to achieve. Staff recommends that before proceeding, the Board require the applicant to provide a workable proposal to achieve the required number of VTE credits. SITE PLAN REVIEW STANDARDS General site plan review standards pertain to relationship to the Comprehensive Plan, relationship of structures to the site (including parking), compatibility with adjoining buildings and the adjoining area. Specific standards speak to access, utilities, roadways, and site features. 4. Relationship to Comprehensive Plan The Comprehensive Plan states that one of the needs related to the City’s housing stock is: Preserving and promoting the development of additional housing that is affordable to households of all income levels throughout the City. In the Southwest quadrant, a specific objective is to: Promote higher‐density, mixed use development and redevelopment along Shelburne Road and foster effective transitions to adjacent residential areas. Staff considers that the removal of an extended‐stay hotel and replacement with a convenience store is inconsistent with the needs and objectives of the comprehensive plan. 5. Parking The minimum required parking spaces for the proposed service station with convenience store is 18 based on 2 spaces per 1,000 square feet gross floor area. The applicant is proposing 32 parking spaces, of which ten (10) parking spaces are proposed to be located in front of the proposed building. Parking must be located to the rear or sides of a building, with some exceptions. The Board shall approve only the minimum necessary to overcome the conditions which allow an exception. Champlain Water District owns a 20‐foot wide easement along the north side of the parcel at 907 Shelburne Road, which widens to 40‐feet for the 40‐feet nearest to Shelburne Road (see Existing Conditions Plan). The applicant has indicated that they feel the exception allowing parking between the street and the building should be allowed because of exception (iii), which states: (iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for parking, but not a building, to be located adjacent to the public street; Staff considers that while the utility easement does not allow the building to be located on it, the utility easement does not extend across the entire property and several configurations are conceivable which locate the parking to the rear. One configuration would be to make the building rectangular instead of square, but as the applicant has indicated the building will be uniquely designed for the site this should not be a problem. Two additional configurations would involve a parked ramp and retaining wall, either to the side or to the rear of the building, in lieu of using the building as a retaining wall. Therefore Staff considers that the utility easement does not sufficiently meet the standard allowing for an exception to the requirement that parking be located to the sides and rear. Further, Staff considers that there are sufficient parking spaces located to the sides and rear of the building that even if the utility easement warranted an exception, the Board would not be able to grant the spaces because they are beyond the minimum necessary for the use. #SD‐18‐16 Staff Comments 7 7 of 7 6. APPLICABILITY OF PLANNED UNIT DEVELOPMENT STANDARDS The purpose of a PUD is, in part, “to encourage innovation in design and layout, efficient use of land, and the viability of infill development and redevelopment in the City’s Core Area, as defined in the Comprehensive Plan.” Staff does not consider that the layout presented thus far meets the criteria for classification as a PUD. The layout is not particularly innovative, it rather inefficiently uses the available space by increasing impervious, nor does it represent infill as both parcels are already developed. Staff considers that RECOMMENDATION Staff recommends that the applicant work with Staff and the Development Review Board to address the issues herein. Respectfully submitted, Marla Keene, Development Review Planner DEVELOPMENT REVIEW BOARD 15 MAY 2018 The South Burlington Development Review Board held a regular meeting on Tuesday, 15 May 2018, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: M. Cota, Acting Chair; J Smith, J. Wilking, B. Sullivan ALSO PRESENT: R. Belair, Administrative Officer; J. Desautels, J. Morway, L. Nadeau, A. Dery, K. Braverman 1. Directions on emergency evacuation procedures from conference room: Mr. Cota provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: There were no announcements. 5. Design Review Application #DR‐18‐06 of Mitchell Schwartz to revise a Master Signage Permit to allow wall mounted signs, 372 Dorset Street: The applicant, who appeared via telephone, advised that they have previously had two buildings. They are now moving to the one building at 372 Dorset St. They want to move their two wall signs to this new location. No issues were raised. Mr. Wilking moved to close #DR‐18‐06. Ms. Smith seconded. Motion passed 4‐0. 6. Sketch Plan Application #SD‐18‐14 of Ernest N. Auclair Family Trust to subdivide an existing parcel developed with a single‐family dwelling into two lots of 15 acres (Lot #1) and 117 acres (Lot #2): DEVELOPMENT REVIEW BOARD 15 MAY 2018 PAGE 2 Ms. Desautels said they are dividing a 132 acre parcel. No development is proposed. Mr. Cota asked about staff’s request for a boundary survey. Ms. Desautels said they have surveyed the 15‐acre parcel that is being divided off and asked that the Board accept that. Mr. Sullivan asked what it would cost to do the 117 acre piece. Ms. Desautels estimated $10,000. Mr. Sullivan said he didn’t think it was worth that for so little impact. Other members agreed. No other issues were raised. 7. Preliminary and Final Plat Application #SD‐18‐13 of Snyder‐Braverman Co., LLC, to subdivide a 5.53 acre parcel into five lots ranging in size from 0.57 acres to 2.10 acres, and to adjust the boundary between a previously‐conveyed 0.62 acre right‐of‐way easement to the City of South Burlington and a sixth 4.20 acre lot for the purpose of conformance with the Official Map, 310 Market Street: Mr. Braverman explained that the property is in the Form Based Code district. Lots C, D and F are planned for development. Lot E is planned for a gravel area for stormwater management. The other lot is a wetland. There is an application in for a 60‐unit apartment project on Lot C. Mr. Braverman also noted that this will be the first section of what will become Garden Street. It will be a 64‐foot right‐of‐way, and this is reflected on the plans. A majority of the property is in the T4 area with a small part of lot G in the T3 area. Regarding Garden Street, Mr. Braverman said they are comfortable with the language drafted by staff. They will construct the street to their driveway with a sidewalk and bike path. When the other lots are developed, they will complete the sidewalk and other improvements. If the city moved forward with a connection of Market Street and Midas Drive, Mr. Braverman said they will complete the road. The applicant had no issues with staff comments. No other issues were raised. Mr. Wilking moved to close #SD‐18‐13. Ms. Smith seconded. Motion passed 4‐0. DEVELOPMENT REVIEW BOARD 15 MAY 2018 PAGE 3 8. Conditional use application #CU‐18‐07 and Site Plan Application #SP‐18‐16 of Trono Fuels to amend a previously approved site plan for an auto repair facility. The amendment consists of constructing a 1,600 sq. ft. addition to the existing building, adding a paved parking lot and changing the use to contractor or building trade facility. A portion of the proposed work is located within a stream buffer, requiring conditional use review, 10 Lime Rock Road: Ms. Dery advised that Mr. Trono is looking to expand the existing building for storage of fuel trucks. They will pave the parking lot and add a few spaces. Mr. Trono will also be moving his office to this location. They will be adding landscaping and stormwater treatment. The expansion part of the building will be stepped down a few feet to fit in with the site. In addressing staff comments, Ms. Dery said they OK with the proposed seed mix. Regarding snow storage, they are providing a space on the west side of the building and can also pile snow in areas where the trucks don’t go. They will comply with the Stormwater Superintendent’s requests. They will maintain the stormwater facility. Regarding the value of trees to be removed, Ms. Dery gave members information received today. One tree is dead and will be replaced with one in kind (maple). The value of the lilac being removed is $375. They have added more lilacs to reach the required amount. Mr. Wilking reminded the applicant that trees must be replaced on a caliper‐by‐caliper basis. Mr. Belair said even the dying tree must be replaced on a caliper‐by‐caliper basis, and the Board will have to see that information before they can approve the plan. Ms. Dery said they will also update the pavement details and the construction details. No other issues were raised. Mr. Wilking moved to continue #CU‐18‐07 and #SP‐18‐16 of Trono Fuels to 5 June 2018. Ms. Smith seconded. Motion passed 4‐0. 9. Minutes of 1 May 2018 : Mr. Wilking moved to approve the Minutes of 1 May 2018 as written. Ms. Smith seconded. Motion passed 4‐0. DEVELOPMENT REVIEW BOARD 15 MAY 2018 PAGE 4 10. Other Business: No other business was presented. As there was no further business to come before the Board, the meeting was adjourned by common consent at 7:35 p.m. _____________________________________ Clerk _____________________________________ Date