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HomeMy WebLinkAboutSP-24-26 - Decision - 0124 Nowland Farm Road#SP-24-26 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON – 124 NOWLAND FARM ROAD SITE PLAN APPLICATION #SP-24-26 FINDINGS OF FACT AND DECISION Site plan application #SP-24-26 of the City of South Burlington to develop an existing 60.7 acre undeveloped site with a parking lot and recreation path and change the use the public park, 124 Nowland Farm Road. The Development Review Board held a public hearing on August 6, 2024. Abby Dery, Erica Quallen, Rodger Dickinson, and Jenny Anderson 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 develop an existing 60.7 acre undeveloped site with a parking lot and recreation path and change the use to public park, 124 Nowland Farm Road. 2. The owner of record of the subject property is the City of South Burlington. 3. The subject property is located in the Southeast Quadrant-Natural Resource Protection Zoning District and the Southeast Quadrant-Neighborhood Residential Zoning District. 4. The application was received on July 3, 2024. 5. The City acquired this property in 2013 using the Open Space Fund, with a defined purpose to be decided at a later date (see City Council minutes from February 26, 2013). Community Visioning and Master Plan processes were undertaken by the City Council and an appointed Task Force beginning in 2014. These efforts resulted in plans for a mix of agricultural, open space, and recreational land uses. 6. The proposed project involves construction of a paved shared use path from Upswept Lane to the south to Nowland Farm Road to the north, and includes construction of an 18-space parking lot, installation of landscaping, parking lot lighting, bicycle parking, and a small informational kiosk. The portion of the proposed path between the Upswept Lane and the south side of the 60.7 acre parcel is located within the City’s Right of Way and is not subject to DRB review. 7. The project involves creation of more than 5,000 sf of new impervious therefore is subject to DRB review. The project is subject to zoning district and dimensional standards, site plan review standards, environmental protection standards. 8. The plans submitted consist of the following: Sheet # Sheet Title Prepared By: Date Last Revised Cover Hubbard Recreation & Natural Area TCE 06/18/2024 C1-00 Legend & Notes TCE 06/18/2024 C1-01 Overall Existing Conditions Plan TCE 06/18/2024 C2-01 Overall Site Plan TCE 06/18/2024 C2-02 Parking Area Plan TCE 06/18/2024 #SP-24-26 2 C2-03 Wetland Impact Plan TCE 06/18/2024 C2-04 Wetland Impact Plan TCE 06/14/2024 C4-01 Stormwater Overview Plan TCE 06/18/2024 C5-01 Erosion Prevention & Sediment Control Plan TCE 06/18/2024 C6-01, C6-02, C6-03 Plan & Profile Plan TCE 06/18/2024 C8-01, C8-02 Site Details TCE 06/18/2024 C8-03 Site Details TCE 6/14/2024 LA 1-01, LA 1-02 Landscape Plan TCE 06/14/2024 LA2-01 Landscape Details TCE 06/14/2024 LI-01 Lighting Plan TCE 06/18/2024 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS SEQ-NR & NRP Zoning Districts Required Existing Proposed Min. Lot Size (non-residential) 40,000 sf 60.7 acres No change Max. Building Coverage 15 % 0% No change Max. Overall Coverage 30 % 0.002% 0.009% Min. Front Setback 20 ft. n/a n/a Min. Side Setback 20 ft. n/a n/a Min. Rear Setback 30 ft. n/a n/a Max Height, flat roof 25 ft. n/a n/a TABLE C-1 USES APPLICABLE IN ALL ZONING DISTRICTS The subject property is in the Southeast Quadrant – Neighborhood Residential Zoning District (SEQ-NR) and the Southeast Quadrant – Natural Resource Protection Zoning District (SEQ-NRP). The proposed project is located entirely within the SEQ-NR district. No work is proposed within the SEQ-NRP. Park is a permitted use and is defined as follows. Park. Any land owned by the public and open for use by the general public for active or passive recreational purposes, urban agriculture, or as a refuge for wildlife. B) SITE PLAN REVIEW CRITERIA 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: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. No buildings are proposed. The applicant is proposing a row of shrubs along the west side #SP-24-26 3 of the parking area near Nowland Farm Road. (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. No buildings are proposed. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. The proposed development is flush with the ground, therefore the Board finds there to be no “scale” to the proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The Board finds the project to specifically achieve this objective, providing a north south connection between a road with a recreation path and an existing neighborhood with sidewalks. (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. No buildings are proposed. (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. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (v) The principal use of the lot is for public recreation There is no building for the parking to be located to the rear of side of. The principal use of the lot is for public recreation. 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. No buildings are proposed. 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. No buildings are proposed. (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. No buildings are proposed. (3) To accomplish (1) and (2), the DRB shall consider: #SP-24-26 4 (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. Not applicable. C. Site Amenity Requirement. (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. This project does not meet any of these three criteria therefore there is no Site Amenity requirement associated with this project. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. The project is proposing to impact Class III wetland and their buffers. Article 12 standards are reviewed below. 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. These standards are contained in Article 13 and those that are applicable are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. 15.A.14 pertains to street design and is not applicable to this project. 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. No buildings are proposed. #SP-24-26 5 F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. No structures are proposed therefore the Board this criterion not applicable. 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. No modifications to vehicular access are proposed. 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. The applicant is proposing new light poles in the parking lot. The applicant is proposing underground utility lines for the proposed parking lot lighting. 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. No solid waste facilities are proposed. C) ENVIRONMENTAL PROTECTION STANDARDS 12.01 General Protection Standards, Classifications and Review Procedures B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and Level II Resources. The applicant is proposing impacts to Class III wetlands and wetland buffers. Class III wetlands and buffers are considered a Level II resource. The applicant plans also show proposed impacts to Class II wetlands and wetland buffers, but these impacts are within the City Right of Way and are not subject to Development Review Board review. The applicant has proposed to use the provisions of 12.02 Restricted Infrastructure Encroachment to evaluate their proposed wetland impacts. 12.02 Restricted Infrastructure Encroachment A. Purpose. #SP-24-26 6 The purpose of this section is to define specific types of “restricted infrastructure” that may be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall be met in order for an encroachment to be allowed. B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of development listed in this subsection: (2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources, or Level II Resources. The project qualifies under this type of development. C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria: (1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards, and/or necessary for the protection of the public health, safety and welfare; (2) Is for a functionally dependent purpose or use; (3) Is a part of an Environmental Restoration Project; (4) Is on the Official Map; (5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area; or (6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an approved use. The project is on the official map (criteria #4). D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall be subject to the development review process outlined in Section 12.01(D). This process requires DRB review, which is being undertaken with this application. E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards: (1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04). These standards are reviewed below. (2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon a determination by the Development Review Board that all resource-specific standards and the following standards have been met: Not applicable. #SP-24-26 7 12.06 Wetland Protection Standards A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their respective buffers via the standards of this section. The City also intends to provide protection that offers limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and for Class II wetlands and their respective buffers in specific identified areas of the City. B. Applicability. All development in the City of South Burlington shall comply with the requirements of this section. The requirements of this Section will apply to all lands described as follows, collectively referred to as Wetlands Areas and Related Buffers: (3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by the City. Wetland C is 8,882 sf. Wetland M is 1,142 sf. Wetland L is 6,064 sf. Therefore only wetlands C and L are regulated by the City. D. Standards for Wetlands Protection. (2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed, naturally vegetated condition. The proposed impacts consist of construction of a 10-ft wide paved shared use path and adjacent 10-ft wide mowed grass path. The following activities are permissible, however: (a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard where allowable per the regulations in Section 12.06(F). The applicant is seeking approval for a Restricted Infrastructure Encroachment. (b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands meeting the 5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the project. The applicant has proposed a 15-ft wide buffer on each side of the paved path, which encompasses the 10-ft wide mowed path. The Board finds this criterion to be applicable for the portion of the buffer that is outside the mowed path. (c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold) or its buffer for the purpose of installing underground utilities are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and their related buffers shall be returned to their pre-impact state prior to completion of the project. #SP-24-26 8 No underground utilities in the wetland or buffers are proposed. (3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of wetland buffer or other clear, existing demarcation. The design and installation of any such landscaping or fencing must accommodate wildlife passage. The applicant has not proposed any demarcation using landscaping or fencing. Wetland demarcation shall be by the established limit of mowing. (4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. (a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands buffer that were legally in existence as of the effective date of these regulations shall be considered non-conforming development. Non-conforming development within a wetlands buffer may not be expanded. Not applicable. (5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or modification provided that the applicant demonstrates the project’s compliance with Section 12.02 and the following supplemental standards: (a) Roadway paved surfaces shall be no wider than necessary for the intended functional road classification for the roadway and in no case shall the roadway paved surfaces be wider than 24 feet; and, The minimum width for pedestrian streets is 10 ft pursuant to Article 11A. (b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage. No curbing is proposed and the pavement is proposed to be no more than 1-ft above existing grade. The Board finds this criterion met. D) OTHER APPLICABLE CRITERIA 10.02 Scenic View Protection Overlay District These standards pertain to height of structure and of landscaping. A portion of the proposed project is located within the Dorset Park View Protection Zone A. F. Dorset Park View Protection Zone. (1) Zone A. (a) No part of any structure within Zone A of the Dorset Park View Protection Zone shall exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. This section applies to structures. However the applicant is proposing to alter grade so as a matter of interest, Staff has computed what elevation might be limiting in the proposed project #SP-24-26 9 location. Staff estimates the path to be approximately 1.06 miles, or 5,600 ft from the Base Line. Therefore heights of structures in the project area would be limited to 441 – 4.3 x 5,600/1000 = 416.92 ft. The maximum proposed grade within the View Protection Zone is 393 feet therefore the proposed path is well below the allowable height limit in the View Protection Zone. (b) Landscaping and other vegetation located within Zone A of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. Vegetation is proposed in the View Protection Zone and would have a maximum height of 416.92 feet pursuant to the limitation above. The applicant has proposed 20 viburnum shrubs in the View Protection Zone, which have a mature height of 10 ft. The proposed grade in the proximity of the viburnum is 391 feet, therefore at maturity, this criterion will be met. 13.05 Stormwater Management B. Applicability. (1) These regulations will apply to all development within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel. 25,032 sf of impervious is proposed therefore these criteria apply. The City Stormwater Section reviewed the proposed plans on July 30, 2024 and offers the following comments. • While there is less than half an acre of impervious proposed on the Hubbard parcel, the total project proposes to create greater than 0.5 acres of impervious area, which is subject to requirements set in the State of Vermont's 3-9050 General Permit. Since this is a public transportation project, the consultant should confirm with the VTDEC Stormwater Program Reviewer for South Burlington whether this project is exempt from the requirements set within the 3-9050 General Permit or if a permit will be required for this project. The applicant provided documentation via email that no 3-9050 permit is needed. • As the project proposes to create more than 0.5 acres or more of impervious surface, the project is subject to the requirements of section 13.05 of the LDRs. • The applicant is missing a few of the required documents listed in Section 13.05.C of the LDRs, including the following: o A plan showing drainage area delineations o HydroCAD modelling for the WQv, 1-yr, and 25-yr storms o A plan showing required maintenance of the proposed stormwater treatment and pre-treatment • The cover letter submitted details how the proposed disconnection areas will meet WQv requirements, however there is no mention of the larger storms outlined in the LDRs. • What consideration was given to structural stormwater treatment practices? Was any consideration given to the usage of underground pipe storage for providing detention in larger storms? #SP-24-26 10 The applicant has provided the requested modeling, which demonstrates there is no increase in runoff during the modeled events. Water quality treatment and peak flow mitigation is provided by simple disconnection. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3-foot candles average at ground level. The applicant has provided a photometric drawing showing peak illumination levels at 2.5 footcandles and below and a fixture height of 15 ft. The Board finds these criteria met. The Board finds the applicant shall provide light timers so that lights are on no more than an hour before sunrise and no more than an hour after sunset. DECISION Motion by Charlie Johnston, seconded by John Moscatelli, to approve site plan application #SP- 24-26 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. The applicant shall provide light timers so that lights are on no more than an hour before sunrise and no more than an hour after sunset. 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer prior to issuance of a Zoning Permit. 5. The zoning permit must be obtained within six (6) months of this decision with the option for requesting a one (1) year extension as allowed in LDR 17.04. 6. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 8. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 and the grading standards set forth in Section 16.04 of the South Burlington Land Development Regulations. #SP-24-26 11 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 Jody Lesko Yea Yea Nay Nay Abstain Abstain Not Present Not Present Motion carried by a vote of 4-0-0. Signed this ____ day of September, 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.