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HomeMy WebLinkAboutSP-24-19 - Decision - 1215 Dorset Street#SP-24-19 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON – 1215 DORSET STREET SITE PLAN APPLICATION #SP-24-19 FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on May 21, 2024. Tom DiPietro & Joe Duncan represented the applicant. 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 applicant is seeking 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. 2. The owner of record of the subject property is the City of South Burlington. 3. The subject property is located in the Municipal Zoning District. 4. The application was received on April 26, 2024. 5. The plans submitted consist of the following: Sheet # Sheet Title Prepared By: Date Last Revised T Title Sheet & Index of Drawings Aldrich & Elliot February 2024 C1 General Construction Notes & Legend Aldrich & Elliot February 2024 C2 Existing Site Plan Aldrich & Elliot February 2023 C3 Construction Staging & Grading Plan Aldrich & Elliot February 2023 C4 Final Site Plan Aldrich & Elliot February 2023 C7 Site Details Aldrich & Elliot February 2023 C9 Erosion Control Details & Notes Aldrich & Elliot February 2023 P1 Tank Plan & Sections Aldrich & Elliot February 2023 6. The area on the subject property 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 the previous DRB approval which permitted the construction of the first water tower. 7. The applicant is seeking waivers and exemptions under LDR 14.04A(3) and 24 VSA 4413, discussed herein. #SP-24-19 2 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. The Board finds that restricting the height of this community owned water tank facility would interfere with the intended functional use of the facility. 2- The applicant is proposing to install the water storage tank within the minimum rear setback. The Board can allow this modification of the applicable dimensional standards. 14.04.A(3) permits the Board 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. The subject property is relatively small and is developed with existing structures – as such, the Board finds there are physical site limitations that prevent the applicant from developing the site in strict conformance with the standards and requirements of these regulations. Namely, due to 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; #SP-24-19 3 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 a non-conforming parking area. As such, the Board approves the proposed modification of the rear setback standard. SITE PLAN REVIEW STANDARDS 14.06 General Review Standards A. Relationship of Proposed Structures to the Site (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following. The Board finds 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. The Board finds 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. The Board finds 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, the Board finds that there is no contrast in scale between the structures. #SP-24-19 4 (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The Board finds 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. The Board finds 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 height that is identical to the existing water storage tank. It will also be located directly next to the existing water tank. The Board finds the proposed building forms and function to be compatible with the existing use of the site and to the existing development on the site. B. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. The Board finds the proposed water storage tank 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 as the existing #SP-24-19 5 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. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. 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. The Board finds 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. 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. #SP-24-19 6 The Board finds 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. 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, but testified that snow is stored on the east side of the subject property. The Board finds that the applicant must 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). The Board finds that the existing front yard to be 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 #SP-24-19 7 effective date of these regulations. (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. (3) Landscaping Budget Requirements The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost $0 - $250,000 3% Next $250,000 2% Additional over $500,000 1% The applicant is proposing to 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”. The Board finds that the proposed water storage tank does not meet this definition and is therefore not a building. As such, the Board finds that 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. Given the limitations placed on this site due to its relatively small size, its relatively minimal amount of road frontage, its existing level of development, and its intended functional use as a municipal water facility, the Board finds that the applicant may amend the existing landscaping plan to remove a portion of the existing landscaping features without replacement. The Board finds that the applicant must provide a landscaping plan sheet that includes the relocation or replacement of six coniferous trees of 7’ – 9’ in height along the eastern lot line of the subject property as a condition of approval. 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 #SP-24-19 8 The Board finds that, as a condition of approval, the applicant must amend the plans to comply with the comments of the City Stormwater Superintendent prior to issuance of a Zoning Permit. 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 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, the Board finds 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. DECISION Motion by John Moscatelli, seconded by Charlie Johnston, to approve site plan application #SP- 24-19 of the City of South Burlington, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3. Prior to issuance of a Zoning Permit, the plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Demonstrate compliance with all comments of the City Stormwater Superintendent. b. Provide a landscaping plan sheet that includes the relocation or replacement of six coniferous trees of 7’ – 9’ in height along the eastern lot line of the subject property. c. Update the plan set to include the identified snow storage areas. 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer prior to issuance of a Zoning Permit. 5. The zoning permit must be obtained within six (6) months of this decision with the option for requesting a one (1) year extension as allowed in LDR 17.04. 6. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. #SP-24-19 9 8. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 and the grading standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 9. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon construction of the proposed water storage tank and prior to use of the proposed water storage tank. 10. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. John Moscatelli Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Charles Johnston Stephanie Wyman Yea Yea Nay Nay Abstain Abstain Not Present Not Present Motion carried by a vote of 5 - 1 - 1. Signed this ____ day of June, 2024, by _____________________________________ Dawn Philibert, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 180 Market Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802- 828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.