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Home My WebLink AboutSP-13-05 - Decision - 0575 Dorset Street#SP-13-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON 575 DORSET SREET SITE PLAN APPLICATION #SP-13-05 FINDINGS OF FACT AND DECISION The City of South Burlington, hereafter referred to as the applicant, is seeking Site Plan approval to amend a previously approved plan for a municipal building consisting of City Hall and the Fire Department. The amendment consists of: 1) constructing stormwater system improvements, and 2) after -the -fact approval of the telecommunications tower, 575 Dorset Street. The Development Review Board held a public hearing on March 5, 2012. Tom DiPietro 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 Site Plan approval to amend a previously approved plan for a municipal building consisting of City Hall and the Fire Department. The amendment consists of: 1) constructing stormwater system improvements, and 2) after -the -fact approval of the telecommunications tower, 575 Dorset Street. 2) The application was received on February 15, 2013. 3) The owner of record of the subject property is the City of South Burlington. 4) The subject property is located in the Municipal Zoning District. 5) The plans submitted consist of a eight (8) page set of plans; page one (1) entitled "South Burlington City Office Stormwater Improvements", prepared by Hoyle, Tanner & Associates, Inc. dated February 2013. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: 1 CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SP_13_05_575Dorset_CityofSouthBurlington_ffd.doc #S P-13-05 (a) 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 principal structures on the site are proposed. Landscaping is proposed to be altered with the addition of a vegetated swale along the southern access drive and replacement of a treed area in the northern section of the property with a vegetated biorentention facility, to improve stormwater management. The Board finds that these criteria have been met by the proposed application. (b) Parking shall be located to the rear or sides of buildings. No changes to parking are proposed to the front of buildings. Parking that exists to the front of the building is pre-existing. (c) 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 adjoining buildings. No changes are proposed to existing buildings. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. New utilities are proposed to be underground, except for the stormwater vegetated swale and bioretention facility, which are intended to capture water run-off in an above- ground manner. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No changes are proposed to buildings. The Board finds that the proposed landscape screening and stormwater vegetation will complement existing vegetation on the site. (f) 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. The applicant is seeking after -the -fact approval for a telecommunications facility. The facility is located to the rear of the principal structure and includes a fence that is partially screened by vegetation. Treed areas partially screen this facility from properties and public roadways to the north, south, and west, while the site's principal structure partially screens the facility from Dorset Street. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: 2 C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SP_13_05_575Dorset_CityofSouthBurlington_ffd.doc #SP-13-05 (a) 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. A shared access exists between the subject property and property to the south. The Board finds that additional reservations of land are not necessary. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling 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). The plans indicate two dumpsters on the site. The site plan shall be revised to show dumpsters and other facilities to handle solid waste on the site screened with opaque fencing. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no minimum landscaping requirements. The applicant is proposing to replace a treed area on the northern portion of the property with a bioretention facility. The Board finds that this provides an enhancement to the property as it improves stormwater management. OTHER STANDARDS: Section 3.12 —Alteration of Existing Grade As the application includes the alteration of more than twenty cubic yards of fill, this application shall also be reviewed under Section 3.12 of the Land Development Regulations. 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 3 CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SP_13_05_575Dorset_CityofSouthBurlington_ffd.doc #SP-13-05 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. Standards and Conditions for Approval: (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). An application under Section 3.12(A) above 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. The applicant submitted a plan showing the proposed re -grading on the subject property. This plan is sufficient to satisfy this requirement. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. The Board does not find this requirement to be applicable to the subject application. (b) 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 South Burlington Stormwater Superintendent has served as the applicant's lead reviewer. The Board finds that the plan as submitted meets this standard. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. The Board finds that this requirement will be not be necessary for the subject application. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development will be the existing grade. Section 3.05 Height of Structures — Telecommunications Facility The applicant is seeking after -the -fact approval for a 90-foot tall telecommunications facility. 4 CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SP_13_05_575Dorset_CityofSouthBurlington_ffd.doc #SP-13-05 Pursuant to Section 3.05(D)(2)(a), the DRB may approve a structure with a height in excess of the limitations set forth in Table C-2 for the district. For each foot of additional height, all front and rear setbacks shall be increase by one (1) foot and all side yard setbacks shall be increased by one half (1/2) foot. The height limitation for the Municipal District is 35 feet. The proposed telecommunications facility is 90 feet in height, requiring the following setbacks: • Front: 95' [40' setback plus 55' (1' for each foot additional height above limit)] • Rear: 85' [30' setback plus 55' (1' for each foot additional height above limit)] • Sides: 42.5' [15' setbacks plus 27.5' (1/2' for each foot additional height above limit)] The proposed telecommunications facility meets all of the locational criteria. It is set back 192' from the front property line, 250' from the rear property line, and 185' from the nearest side property line. The Board finds that the telecommunications facility meets the standards. Section 13.01(1) Handicapped —Accessible Parking Spaces. Parking spaces for handicapped persons shall be provided for all non-residential uses. The proposed site plan shows one (1) such space. There are approximately 79 stripped parking spaces shown on the plan. Pursuant to the regulations, this necessitates a minimum of four (4) handicapped -accessible spaces, unless otherwise determined by ADA Accessibility guidelines. Section 13.07 Exterior Lighting Pursuant to Section 13.07 of the LDRs, all exterior lighting shall be shielded and downcast. The site plan is missing one existing exterior lighting fixture, attached to the building adjacent to the front entry path. DECISION Motion by Tim Barritt, seconded by Bill Stuono, to approve Site Plan Application #SP-13-05 of City of South Burlington subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) paper copies and one (1) digital copy of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. Show dumpsters and other facilities to handle solid waste on the site screened with opaque fencing. b. Show show the minimum required handicapped -accessible parking spaces. c. Indicate an existing light fixture attached to the principal building adjacent to the front entry path. d. Remove the notation of a "sign" near the entry driveway. Signs are regulated by 5 CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SP_13_05_575Dorset_CityofSouthBurlington_ffd.doc I #SP-13-05 the South Burlington Sign Ordinance. e. Indicate the "Gravel surface" to the rear of the principal building as an "unstriped impervious parking area" f. Remove a rectangular box in the center of the striped parking area to the north of the principal building. 3. The applicant shall regularly maintain all stormwater treatment and conveyance structures on site. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the stormwater improvements. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Michael Sirotkin — yea nay abstain not present Bill Stuono — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present Motion carried by a vote of 4 — 1 — 0 Signed this 12th day of March 2013, by Digitally signed by Mark C. Behr Mark C. Behr email= ark@rark Behr, o,ou, email=mark@rhbpc.com, c=US Date: 2013.03.12 16:08:09-04'00' Mark Behr, 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://vermontiudiciary.org/GTC/environmental/defauIt.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 802.879.5676 to speak with the regional Permit Specialist. 6 C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SP_13_05_575Dorset_CityofSouthBurlington_ffd.doc