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HomeMy WebLinkAboutSP-24-34 - Decision - 0870 Williston Road - SP-24-34_870 Williston Road_AAM_ffd_DRB_draft copy#SP-24-34 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING AAM CATAMOUNT WOODS, LLC – 870 REAR WILLISTON ROAD SITE PLAN APPLICATION #SP-24-34 FINDINGS OF FACT AND DECISION Site plan application #SP-24-34 of AAM Catamount Woods, LLC to amend a previously approved plan for a 39.5 acre parcel developed with a parking lot. The amendment consists of expanding the existing stormwater treatment pond and reducing the number of parking spaces, 870 Rear Williston Road. The Development Review Board held a public hearing on September 17, 2024. The applicant was represented by Derek Read. 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. AAM Catamount Woods, LLC, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 39.5 acre parcel developed with a parking lot. The amendment consists of expanding the existing stormwater treatment pond and reducing the number of parking spaces, 870 Rear Williston Road. 2. The owner of record of the subject property is the University of Vermont & State Agricultural College. 3. The subject property is located in the Commercial 1 – Residential 12 Zoning District, the Transit Overlay District, and the Traffic Overlay District. Portions of the property in proximity to the proposed development are located in a Habitat Block and a Class II Wetland. Portions of the property not proposed to be impacted by the proposed development are located in the River Corridor Overlay District and the 500 Year Floodplain Zone B2. 4. The application was received on August 15, 2024. 5. The applicant is proposing to expand a stormwater detention pond and convert it into a gravel wetland. The existing pond is to the rear of and captures runoff from the existing DoubleTree hotel but is technically on a different lot, owned by the University of Vermont and leased by the DoubleTree hotel for off-street vehicle parking. The project location is within the Habitat Block Overlay. 6. The plans submitted consist of: Sheet No. & Title Prepared by Plan Last Revised: C-100 – Overall Site Plan Krebs & Lansing 8/13/2024 C-101 – Site Plan Gravel Wetland & Storm Collection Krebs & Lansing 8/13/2024 C-200 – Existing Condition Plan Krebs & Lansing 8/2/2024 C-300 – EPSC Plan Krebs & Lansing 8/2/2024 CH400 – Civil Details Krebs & Lansing 8/2/2024 C-401 – Civil Details Krebs & Lansing 8/2/2024 C-402 – Civil Details Krebs & Lansing 8/2/2024 C-403 – Civil Details Krebs & Lansing 8/2/2024 #SP-24-34 2 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions Commercial 1-R15 Required Existing Proposed  Min. Lot Size 40,000 sf 39.5 acres No change  Max. Building Coverage 40 % 0% No change  Max. Overall Coverage 70 % 15.26% 15.16 %  Max. Front Setback Coverage 30 % Not provided No change  Min. Front Setback 30 ft N/A No change  Min. Side Setback 10 ft N/A No change  Min. Rear Setback 30 ft N/A No change  Max. Total Stories 5 stories N/A No change B) 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. No changes to structures or pedestrian movement are proposed. The applicant is proposing to eliminate 40 head-in parking spaces from the portion of the parking lot that is directly adjacent to the existing stormwater detention pond and to construct 12 parallel parking spaces in the same area. The Board finds that this change has no impact on any of the above criteria, given that project area’s relative distance from any structures or pedestrian walkways. (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 re-stripe a parking area in such a way that reduces the number of parking spaces and thereby decreases the extent of the existing non-conformity of a stand- alone commercial parking lot with no Conditional Use approval. 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. As noted above, no buildings are proposed to be constructed or altered as part of this application. 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-24-34 3 No changes to buildings or structures are proposed. As such, the above criteria are inapplicable. C. Site Amenity Requirement. Site Amenities are only required in conjunction with new or substantially expanded structures. No buildings are proposed to be constructed or expanded as part of this application. 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. Standards of Article 12 are discussed below. The property includes area of Special Flood Hazard, Habitat Block, River Corridor, Very Steep Slopes, Class II wetlands and Class II wetland buffers. Only habitat blocks are proposed to be impacted, discussed below under 12.04 Habitat Block Overlay District. 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. The purpose of this application is to provide stormwater treatment. The standards mentioned in this criterion are included in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. No changes affecting compliance with this criterion are proposed. D. Transportation Demand Management (TDM) [reserved] 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 new or modified buildings are proposed as part of this application. 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 modifications to a structure 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. No changes affecting compliance with this criterion 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 #SP-24-34 4 harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. No changes affecting compliance with this criterion 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 (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. No changes affecting compliance with this criterion are proposed. C) ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS A portion of the project is located in a Habitat Block, shown on Sheet C-100. 12.04 Habitat Block Overlay District B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the Habitat Block and Habitat Connector Overlay Districts Map, except as follows: (1) On lots less than one (1) acre in size existing as of November 10, 2021; (2) On land located within a 50-foot horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations; (3) On land authorized by the Development Review Board to be removed from or added to a Habitat Block pursuant to the modification options of this section or as part of a Conservation Planned Unit Development. The subject property does not qualify for any of the above exceptions. C. Application Submittal Requirements. The applicant has submitted a complete application for Board review. D. Modification of Habitat Block. An applicant may request approval from the Development Review Board to modify a Habitat Block in any of the following manners. An applicant may select any one of the three modification options below. A development application may not include more than one option for any application. Land located within the SEQ-NRP zoning sub-district, Hazards, or Level I Resources, previously approved as open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a Habitat Block. The land proposed to be removed from the Habitat Block designation does not fall under one of the enumerated categories above and is therefore eligible for Habitat Block modification. 1. Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request by the applicant as part of the requisite application. The applicant is proposing to move the existing boundary of the Habitat Block by over 50 feet. As such, their proposal cannot be approved via a Minor Habitat Block Boundary Adjustment. #SP-24-34 5 2. Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for an equal amount of land within the same Planned Unit Development or Site Plan upon written request, without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block exchange, the Development Review Board shall require the applicant to: a. Retain a similar or greater quality and maturity of vegetation within the proposed areas for exchange; and b. Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast height (dbh) within the exchange area. The portion of the property that the applicant is proposing to designate as Habitat Block is surrounded on 3 sides by existing Habitat Block, but has no trees measuring 9” dbh. However, it does have vegetation of a similar or greater quality & maturity as the area proposed to be removed from Habitat Block designation, which is just the northern portion of an existing stormwater detention pond. The area proposed to be exchanged is 2,430 sf, which does not exceed 2 acres or 10% of the total lot size. It also does not include a Core Habitat Block Area or a Habitat Connector. Seeing as the proposed on-site Habitat Block addition meets all of the above criteria, the Board finds that the proposed Small On-Site Habitat Block Exchange is permissible. 3. Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for the addition of an equal amount of contiguous land within the same Habitat Block upon written request, and pursuant to the standards of this Section. The applicant can accomplish their goal using the Small On-Site Habitat Block Exchange process outlined above. The applicant is not proposing a Larger Area Habitat Block Exchange. D) SUPPLEMENTAL STANDARDS 13.02 Off-Street Parking & Loading A. Purpose. Parking areas and off-street loading, where provided, shall be designed in a manner that minimizes traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning. B. Determination of Parking Spaces. There is no minimum or maximum number of vehicle parking spaces required to be provided for this use. The Board finds this standard to not be applicable. C. Location of Off Street Parking, Loading, and Vehicle Entrances. No impacts to the entries or exits for this existing off-street parking area are proposed. D. Off-Site Parking. No off-site parking is proposed as part of this project. E. Shared Parking On A Single Lot. No shared parking agreement is proposed as part of this project. #SP-24-34 6 F. Access Management Requirements. The subject property is a ‘commercial lot’. There are existing inter-lot connections between the subject property and both of the adjacent commercial parcels to the south. The Board finds this criterion met. G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping. 1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-1, Section 13.04, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. Parking lot landscaping standards are discussed in further detail under Section 13.04 below. 2) The location of parking areas and loading docks shall prevent conflicts with entering and exiting traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. The existing location of the parking area is not being altered as part of this application and the distance from the parking area to the access point is not being impacted. 3) Provision shall be made for access by police, fire and emergency vehicles. Existing emergency access is not being impacted as part of this project. The Fire Marshal reviewed these plans on 9/6/2024 and had no comments. 4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. The proposed new parallel parking spaces are not in proximity to any pedestrian walkways, and do not pose any undue conflicts between motor vehicle circulation and pedestrian safety. 5) Bicycle Parking Or Storage Facility. See Section 13.03 Short-term and long-term bike parking facilities addressed in further detail under Section 13.03 below. 6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. The purpose of this project is to improve the existing stormwater treatment infrastructure on the subject property. The Applicant has submitted concurrent site plan application #SP-24-08, which is the driving factor necessitating improvements of the stormwater pond on the subject property. The City Stormwater Section reviewed site plan #SP-24-08 and provided comprehensive comments that pertain to both that application and this application. Those comments do not necessitate physical changes to the improvements proposed in this application and will be addressed as part of site plan #SP-24-08. H. Handicapped Accessible Parking Spaces. The applicant must comply with current ADA Accessibility Guidelines. #SP-24-34 7 I. Recreational Vehicles. No RV storage or parking is proposed as part of this project. J. Parking Reserved for Future Use. No reservation of parking is proposed or required as part of this project. K. Structured Parking. No parking garages or other parking structures are proposed as part of this project. L. Reserved Parking Spaces. No off-site parking is proposed as part of this project. M. Modifications of Requirements. No modifications to the specified parking lot dimensions have been requested as part of this application. The applicant is proposing to provide twelve 8’ x 22’ parallel parking spaces with a drive aisle of at least 12’ in width, meeting the requirements of the parking lot dimensions specified in Table 13-2. 13.04 Landscaping, Screening, and Street Trees A. Purpose. B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. The applicant is proposing to reduce the size of the existing parking area in order to expand the size of the existing stormwater treatment feature. In reducing the size of the existing parking area, the applicant is proposing to remove 40 head-in parking spaces and convert the remaining pavement in that area to 12 parallel parking spaces. 1. All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The applicant is providing to curb the altered portion of the existing parking area. The applicant is not proposing to install any additional perimeter landscaping next to the altered portion of the existing parking area. The Board finds that the existing grade change and other vegetation located between the edge of the parking lot and the Interstate are sufficient to provide the screening required by the above standard. 2. In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the #SP-24-34 8 interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. The applicant is proposing to reduce the number of parking spaces in the existing lot. The Board finds there to be insufficient nexus to require evaluation of whether this criterion is met. 3. All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. There are no interior parking islands required or proposed. The altered portion of the exiting parking area is proposed to be curbed at the conclusion of this project. The Board finds this criterion met. 4. Landscaping Requirements. a. Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. As noted above, the applicant is not proposing any new or additional perimeter landscaping next to the altered portion of the existing parking area. b. At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. The applicant is proposing to stripe twelve new parking spaces. As per the above standard, the addition of twelve parking spaces requires the installation of three major deciduous shade trees. The Board finds that the applicant shall be required to plant three deciduous shade trees of a species to be selected by the City Arborist along the eastern perimeter of the altered portion of the existing parking lot. c. Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. As noted above, the Board finds that the applicant shall be required to plant three deciduous shade trees of a species to be selected by the City Arborist along the eastern perimeter of the altered portion of the existing parking lot. The Board further finds that all three of these trees shall have a caliper of at least 2.5” dbh upon installation. d. Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. This criterion does not apply. e. Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). This project is not in the City Center FBC District – as such, this criterion does not apply. 5. Planting Islands. #SP-24-34 9 No planting islands are proposed or required as part of the proposed project. 6. Solar Canopies. No solar canopies are proposed or required as part of the proposed project. 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 indicated the existing snow storage areas on the plans. These areas are not proposed to be altered as part of this application. C. Screening or Buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. Given the existing grade change and other vegetation located between the edge of the parking lot and the Interstate, the Board finds that the applicant is not required to provide landscaping or fencing at the perimeter of the altered portion of the parking area. D. Front Yards of Non-Residential and Multi-Family Uses. This criterion is not applicable. E. Site Restoration. The Board finds that the applicant must re-seed the disturbed area prior to issuance of a Certificate of Occupancy. F. Landscaping Plan. Although the applicant is required to install three trees at the edge of the newly striped portion of the parking area, the applicant is not required to provide a formal landscaping plan. G. Landscaping Standards. As noted above, this project does not require any landscaping or a landscaping plan. The applicant is still permitted to install trees outside the scope of a formal or mandatory landscaping plan. 13.03 Bicycle Parking & Storage Table 13-3 only identifies short-term and long-term bike parking requirements for buildings and uses conducted within buildings. The applicant is not proposing any new buildings or any alterations to existing buildings. As such, this criterion is not applicable. 13.07 Exterior Lighting The applicant has testified that no new or revised exterior light fixtures are proposed as part of this application. #SP-24-34 10 DECISION Motioned by John Moscatelli, seconded by Charles Johnston, to approve site plan application #SP-24-34 of AAM Catamount Woods, LLC, 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 plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Include three deciduous shade trees of a species to be selected by the City Arborist with a caliper of at least 2.5” dbh along the eastern perimeter of the altered portion of the existing parking lot. 4. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 5. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 6. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 7. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 8. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 9. The applicant must re-seed the disturbed area prior to issuance of a Certificate of Occupancy. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 11. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 12. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 13. 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. Jody Lesko 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 John Moscatelli Yea Nay Abstain Not Present #SP-24-34 11 Charles Johnston Yea Nay Abstain Not Present 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 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.