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HomeMy WebLinkAboutSP-24-031 - Decision - 1200 Hinesburg Road - SP-24-31_1200 Hinesburg Rd_SBRC_ffd copy#SP-24-031 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SBRC PROPERTIES, LLC – 1200 HINESBURG ROAD / 362 MEADOWLAND DR SITE PLAN APPLICATION #SP-24-031 FINDINGS OF FACT AND DECISION SBRC Properties, LLC , hereinafter referred to as the applicant, is seeking approval for alteration of grade for the purpose of removing stockpiled fill from a vacant lot, 1200 Hinesburg Road. The Development Review Board held a public hearing on September 17. 2024. Tim McKenzie represented the applicant. Based on testimony provided at the above-mentioned public hearings and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval for alteration of grade for the purpose of removing stockpiled fill from a vacant lot, 1200 Hinesburg Road. 2. The owner of record of the subject property is SBRC Properties, LLC. 3. The subject property is located in Industrial & Open Space Zoning District (IO). 4. The subject property is also located in the Wetlands Advisory Overlay District, River Corridor Overlay District, Airport Approach Cone Overlay District, and the Hinesburg Rd-North View Protection Overlay District, 5. The application was received on July 24, 2024. 6. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised on: C1.0 EPSC Overall Site Plan Civil Engineering Associates 07/09/2024 C1.1 EPSC Site Plan Civil Engineering Associates 07/09/2024 C2.0 EPSC Notes and Details Civil Engineering Associates 07/09/2024 P-1 Plat of Survey Civil Engineering Associates 09/15/2020 7. This property most recently received approval #SP-20-016 for construction of a shared driveway. That approval was issued under the property address 362 Meadowland Drive. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS No changes to approved dimensions are proposed. Industrial Open Space Zoning District Required Existing Lot 1 Min. Lot Size 3 ac. 21.7 ac. Max. Building Coverage 30% 0% #SP-24-031 - 2 - Max. Overall Coverage 50% 1.4% Min. Front Setback 50 ft. N/A Max Front Setback Coverage 30% < 30% Min. Side Setback 35 ft. N/A Min. Rear Setback 50 ft. N/A Building Height (flat roof) 35 ft. N/A  = Zoning Compliance B) SITE PLAN 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. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. No structures or changes to the developed portion of the site are proposed. While the proposed removal of fill will reduce the degree to which development on the adjoining property is screened from view from the west, the Board finds there to be no significant detriment to this change. (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. No parking is 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. (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. #SP-24-031 - 3 - (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. No buildings exist or are proposed. The Board finds these criteria to be 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. Site amenity requirements are 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. Natural resources present on the subject property include river corridor, wetland, and wetland buffer. The applicant is not proposing work in any of these areas. 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. Additional applicable standards are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. The applicant is proposing to access the fill removal area via an existing shared driveway. The Board finds this criterion met. D. [Reserved for Transportation Demand Management (TDM)] #SP-24-031 - 4 - 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. 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 buildings are proposed. 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. Some cross-lot connections exist on the subject property. The Board finds there to be insufficient nexus to evaluate whether there is sufficient cross-lot connection to any other property as part of this application. 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 utilities 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. No waste disposal facilities are proposed. C) OTHER 13.03 Airport Approach Cones The subject property contains an airport approach cone but the proposed work is outside of the limits of the airport approach cone. 10.02 View Protection Overlay (Hinesburg Rd. – North) #SP-24-031 - 5 - The entire property is located within the Hinesburg Road View Protection Overlay District, which pertains to the maximum height of structures and landscaping. The applicant is proposing to remove fill from the property, not add it, therefore the board finds this criterion to be not applicable. 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards F. Alteration of Existing Grade (1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 14.11(G), Earth Products.) The applicant is proposing to remove approximately 1,100 cubic yards of materials over a two to three week period. (2 ) Standards and Conditions for Approval. (a) The Development Review Board shall review a request under this Section for compliance with the standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations. An application under this section shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. Such plan has been submitted. (b) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (i) Duration or phasing of the permit for any length of time. Based on the applicant’s testimony that they plan to remove the material over a two to three week period, the Board finds the applicant must complete the work within a three month timeline, including restoration as described below. (ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. The applicant proposes to install 4” topsoil, fertilize, lawn seed, and install rolled erosion control matting in all disturbed areas. The Board finds the site rehabilitation plan shall also include removal of all temporary erosion control measures including the temporary stabilized construction entrance, construction demarcation fencing, and silt fence. (iii) Provision of a suitable bond or other security in accordance with Section 17.15 adequate to assure compliance with the provisions of these Regulations. Based on the limited scope of work and the inherent value of the material to be removed, no bond to be necessary. #SP-24-031 - 6 - (iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. The Board finds the proposed grade shall constitute pre-construction grade for future development proposals. DECISION Motion by John Moscatelli, seconded by Jodi Lesko, to approve site plan application #SP- 24-031, 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. Amend Sheet C1.1 to indicate that all temporary erosion control measures shall be removed when permanent stabilization is complete. 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 post-alteration grade shall be considered pre-construction grade for the purpose of future site development. 7. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9. 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. 10. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the project and prior to occupancy and/or use of the approved modifications. 11. 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 Jody Lesko Yea Nay Abstain Not Present Charles Johnston Yea Nay Abstain Not Present #SP-24-031 - 7 - Motion carried by a vote of 7 - 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.