Loading...
HomeMy WebLinkAboutSP-24-32 - Supplemental - 0095 Swift Street#SP-24-32 1 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SP-24-32_95 Swift Street_City of SB_SC_2024-09-17 DEPARTMENT OF PLANNING & ZONING Report preparation date: September 11, 2024 Plans received: August 1, 2024 95 SWIFT STREET – CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION #SP-24-32 Meeting date: September 17, 2024 Owner/Applicant City of South Burlington 180 Market Street South Burlington, VT 05403 Plan Preparer City of South Burlington 104 Landfill Rd South Burlington, VT 05403 Property Information Tax ID 1700-00095 Park & Recreation Zoning District, Wetland Advisory Overlay District, 500 Year Flood Zone B2 Overlay District, 500 Year Flood Zone B1 Overlay District, River Corridor Overlay District, Habitat Block Overlay District Location Map PROJECT DESRIPTION Site plan application #SP-24-32 of the City of South Burlington to amend an existing plan for a park. The amendment consists of expanding the dog park and reconfiguring the parking lot, and related site improvements, 95 Swift St. SP-24-26 2 CONTEXT The applicant is proposing to make improvements to the dog park area of the parcel at 95 Swift Street, also know as Farrell Park. There is an existing dog park which is periodically closed due to muddy conditions. This application proposes to expand and re-grade the park. It also proposes improvements to the existing shared use path, parking area, and driveway, which are irregularly shaped and undifferentiated. The applicant proposes to complete the work by Fall 2025. COMMENTS Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner, hereafter referred to as ‘Staff’, have reviewed the plans submitted on August 1, 2024 and offer the following comments. Numbered items for the Board’s attention are in red. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The subject property is in the Parks & Recreation Zoning District (PR). Park is a permitted use. Park & Recreation Zoning District Required Existing Proposed Min. Lot Size (non-residential) None 21.87 acres No change Max. Building Coverage 15 % 0% No change Max. Overall Coverage 25 % 7.4% 6.9% Min. Front Setback 40 ft. n/a n/a Min. Side Setback 15 ft. n/a n/a Min. Rear Setback 30 ft. n/a n/a Max Height, flat roof 35 ft. n/a n/a 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: The applicant is proposing to improve an existing use. Tree planting both within the dog park and demarcating the edge of the parking lot and vehicular and pedestrian circulation is proposed to be improved. (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. No buildings are proposed. The applicant is proposing a row of street trees within a green strip between the rec path and the vehicular way. (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. SP-24-26 3 The proposed development is flush with the ground, therefore Staff considers 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. Staff considers the project to specifically achieve this objective, realigning to the rec path to be distinct from the vehicular way for approximately 200-ft. (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. Staff considers 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: (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. SP-24-26 4 (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; as such, 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. While the applicant is proposing to reconfigure the access drive and parking area, this does not constitute a street and therefore these standards are not applicable. Design of shared use paths is governed by the Department of Public Works Specifications, which mandate 10-ft width. There is no specified separation from the travel way. The applicant is proposing a 10-ft wide grass strip planted with oak trees. Staff considers this criterion met. 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. 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. SP-24-26 5 No structures are proposed therefore Staff considers 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 access to abutting properties is proposed. Staff considers this criterion to be not applicable. 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 wire served utilities are proposed. Staff considers this criterion to be not applicable. 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 II wetland buffers in the form of grading (max change 1.0 ft) and removal and installation of fencing. Class II wetland buffers are considered a Hazard. Development within Class II wetland buffers is generally prohibited, except as described below. The applicant has not proposed which permitting pathway they are using to seek approval for the proposed wetland buffer impacts. Staff considers the most appropriate pathway to seek approval to be through 12.06F Modifications, and has provided an analysis below. Some types of development are permitted to seek approval as Restricted Infrastructure Encroachment, but Staff does not consider that to be applicable in this case. C. Applicability of Standards. All development must comply with the provisions of this Article, unless otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and working lands, unless explicitly waived or amended in this section. The following development is exempt from review under this Section: (1) Construction of fences The applicant is proposing primarily to remove fence within the wetland buffer while adding approximately two feet of new fence within the wetland buffer. This is exempt from review under natural resource protection standards. SP-24-26 6 12.06 Wetland Protection Standards D. Standards for Wetlands Protection. (1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard per the regulations in Section 12.06(F). (2) Class III Wetlands Not applicable. (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. There is pre-existing fencing demarcating the perimeter of the existing wetland buffer impacts. No changes to the horizontal extent of impacts is proposed. (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. This area is developed as lawn. No horizontal expansion is proposed. (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: No restricted infrastructure encroachment is proposed. E. Exemptions. The following activities are not required to meet the standards in this section and do not require a local permit: (1) Maintenance of Pre-Existing Gardens, Landscaped Areas/Lawns, Structures and Impervious Surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces located within a wetlands buffer, and that were legally in existence as of the effective date of these regulations, does not require a permit. Staff does not consider the proposed impacts to fall under the heading of maintenance, but provides this criterion as background for the Board. F. Modifications. (1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: (a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning Districts. Not applicable SP-24-26 7 (b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure, structures, and impervious surfaces within a Class II wetland buffer in any zoning district if; Staff considers the applicant’s proposed grading to fall within this set of criteria. (i) The resulting total area of lands within the wetland buffer that will be in a naturally vegetated condition is increased; This criterion does not appear to be met. The applicant has not proposed to expand the tree area, and in fact, while the proposed conditions plan does not specifically call out vegetation removal, there is an area of regrading shown within the existing tree line therefore it can be assumed that vegetation removal is proposed to take place. 1. Staff recommends the Board discuss with the applicant how they will address this criterion. The Board may wish to evaluate whether they will permit improvement in the quality of the natural vegetation to meet this criterion if the applicant makes such a proposal. (ii) The applicant submits an evidence-based professional opinion by a wetland scientist that the re-development will have a net positive effect on the health and functioning of the wetland; and The applicant has provided a letter from the State Wetland Ecologist indicating that the proposed grading qualifies as an allowed use (ie does not require a state wetland permit). This letter does not meet this criterion, and in fact, no statement has been made that the re-development will have a net positive effect on the health or function of the wetland. 2. Based on a review of correspondence with the State Wetland Ecologist, Staff considers it may not be possible to meet this criterion unless the applicant proposes improvements to the wetland. Staff recommends the Board ask the applicant to describe how they will meet this criterion. (iii) The project results in no increase in total impervious surface within the Class II wetland buffer. A slight reduction in impervious of approximately 120 sf is proposed. This criterion is met. (c) Installation of low-impact development stormwater practices consistent with wetland functions and plantings with a Class II or Class III wetland buffer. Not applicable. (d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer within all zoning districts. Not applicable. (2) Modification Review Process. Modification requests shall be reviewed as follows: (a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to review and approve all modification applications as part of an administrative Site Plan application. (b) In all other zoning districts, the Development Review Board shall have the authority to review and approve all modification requests. This application is being reviewed by the DRB as required. SP-24-26 8 (3) Modification Standards. The Development Review Board or the Administrative Officer, as applicable, may grant a modification from the rules of this Section only if a modification application meets all the following standards: (a) The modification shall be the minimum required to accommodate the proposed development; Based on a review of the provided correspondence with the State Wetland Ecologist, Staff considers this criterion to be met. (b) The proposed development will not have an undue adverse effect on the planned character of the area, as defined by the purpose statement of the zoning district within which the project is located, or on public health and safety; Staff considers this criterion to be met. (c) The proposed development will not have an undue adverse effect on the ability of the property to adequately treat stormwater from the site; and, Staff considers this criterion to be met. (d) The proposed development will not have an undue adverse effect upon specific wetland functions and values identified in the field delineation. 3. The applicant has not provided a field delineation report therefore compliance with this criterion cannot be evaluated. Staff recommends the Board require the applicant to enumerate the specific functions and values of the wetland and state why they believe this criterion to be met for each of the functions and values. D) OTHER APPLICABLE CRITERIA 13.04 Landscaping, Screening, and Street Trees 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. (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. As discussed above, as a public recreation use, the parking is permitted to be to the front of the use. Trees are proposed. (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-24-26 9 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. Not applicable. (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. The purpose of this criterion is protection of parking lot vegetation and protection of pedestrians. There is a 10-ft wide green strip between the parking and the shared use path. The standard width is 5-ft. 4. The applicant has proposed 6” asphalt curb between the gravel parking and the vegetated strip. Staff recommends the Board ask the applicant to describe how this is a long-term viable option. If something is on the approved site plan, it must be maintained in good condition otherwise the property is considered to be in violation. (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. (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. Criterion (b) is met with the proposal of six oak trees for eight parking spaces. Staff considers with the limited number of trees proposed that there is not a need for a variety of species. The City Arborist reviewed the provided plans on September 5 and offers the following comments. • I would suggest changing the species to Swamp White Oak, Quercus bicolor ‘Beacon’. This is a native, columnar oak cultivar that is hardier than English Oak • Need to specify that the soil in the tree planting strip will have to be mechanically loosened to a depth of 2-2.5 feet and amended to alleviate compaction and provide soil adequate to support tree growth 5. Staff recommends the Board require the applicant to comply with the comments of the City Arborist as conditions of approval. (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. This criterion is met. (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. Not applicable. (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. Snow storage areas are required to be shown on a plan. The applicant has provided separate SP-24-26 10 snow storage map. Staff considers this criterion 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. (2) If the combination of new impervious surface area created and the redevelopment or substantial reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from requirements in this Section 13.05. This project does not propose to construct or redevelop more than 5,000 sf of impervious surface and is therefore not subject to the stormwater requirements of the LDRs. 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. Staff considers these criteria met. 13.13 Signs Signs are subject to separate ordinance and must be removed from the plans and permitted separately, even if it is only the relocation of an existing sign. Staff recommends the Board include a condition of approval requiring removal of the existing and proposed sign from the plans. RECOMMENDATION Staff recommends that the Board work with the applicant to address the issues identified herein. Respectfully submitted, Marla Keene, Development Review Planner