Williston Development Review Board (DRB) Staff Report

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Williston Development Review Board (DRB) Staff Report

Application Stage: Discretionary Permit Hearing Date: June 25, 2019 Application No: DP 19 – 11 Project Name: Adams Subdivision Property Address: Mountain View Road between Katie Lane & Hanon Drive

Zoning District: Residential Zoning District (RZD)

Tax Parcel #: 04:010:027.a Existing Lot Size: 41.42 Acres

Overview This is a request for a discretionary permit to subdivide a 41.42-acre parcel into 9-lots, construct a private road, and construct a daycare facility on Lot 3. The subdivision will create 9 dwelling units: a 3-unit residential building on Lot 2 and 6 single-family dwellings on Lots 3-8. The undeveloped property is located south of Mountain View Road between Katie Lane & Hanon Drive in the Residential Zoning District (RZD). Staff Note: There are minor features of the proposal that must be clarified or modified in order to achieve compliance with the bylaw. Staff has pre-drafted conditions of approval and a motion for the board to retain final plan review.

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Project History The DRB reviewed this project on December 11, 2018 as a pre-application:

Pre-Application Recommendations Applicant’s Response 1. All comments stated by the Fire Department in their memo dated November 30, 2018 shall be adopted as pre-application recommendations.

The applicant’s engineer met with the Fire Department and hydrant locations were determined.

2. All comments stated by the Department of Public Works in their memo dated November 19, 2018 shall be adopted as pre-application recommendations.

Comments included changing the cross-country path from the new road to the Brennan ball fields from gravel to asphalt, and to extend the project sidewalk to Mountain View Road. Reply- Both these changes were made to the plans.

3. All comments stated by the Williston Conservation Commission in their memo dated December 5, 2018 shall be adopted as pre-application recommendations.

1. A Habitat Disturbance Assessment (HDA) should be prepared by a qualified wildlife biologist and submitted by the applicant as part of a Discretionary Permit application. 2. On Lot 7, development should be restricted to a defined building envelope to protect Significant Wildlife Habitat and wetlands. 3. The applicant should have a wetlands delineation prepared by a professional wetlands scientist in accord with the current guidelines of the Army Corps of Engineers, to be submitted as part of an application for a Discretionary Permit. 4. The Discretionary Permit application should be accompanied by a professionally-prepared runoff and erosion control plan that shows how compliance with the performance standards of WDB 29.5 will be attained both during the construction of the proposed development and the continuing use of the site.

1. An HOA was prepared and is attached to this application.

2. Lot 7 has a building envelope which does

not encroach into the wildlife habitat (deer wintering area) or wetlands or associated buffers.

3. The wetlands were delineated by Brian Tremback, a State approved wetland scientist, in all areas of the property where development was proposed. The resulting wetlands are shown on the plans.

4. The plans include detailed design of erosion protection and sediment control measures (sheet 14).

4. The applicant shall meet with the Director of Public Works and Fire Department Chief to clarify requirements for the proposed development, prior to submittal of a Discretionary Permit application.

Completed.

5. The applicant shall meet with staff to discuss growth management scoring criteria of Chapter 11.

Completed.

6. The applicant shall provide Development Review Board with a traffic study.

Attached.

7. Building envelopes in Lot 1-6 and 8 be reconfigured to exclude the watershed protection buffers.

These building envelopes were modified in accordance with the recommendation. **Staff note: building envelopes on Lots 1 and 2 must be removed from the wetland buffer.

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8. Applicant shall explore a primitive path connecting Katie Lane and Hanon Drive.

From the southern terminus point of Katie Lane north to Mountain View Road, private properties exist along the common line with the project parcel, with one exception. There is a gap between the Gage property and the Antoniucci properties, which is Wood Lily HOA lands, however, this gap aligns with a stream and associated 100' stream buffer and class II wetlands. For a path to extend from this location to Hanan Drive would result in the path running through an extensive class II wetland complex. As a result, the applicant does not feel this is a suitable area for a path, which would also require approval from the Wood Lily HOA.

Proposed Use The applicant proposes a child care facility, nine (9) residential dwellings, and 18.65 acres of open space. Residential dwellings and child care centers are allowed uses in the RZD as stated in WDB Chapter 39.1.

Subdivision The applicant proposes to subdivide the 41.42 acres parcel into 9 lots: the childcare facility on Lot 1, a 3-unit residential building on Lot 2, single-family dwellings on Lots 3-8, and 18.65 acres of open space on Lot 9 owned in common.

Access The applicant proposes a new private road off Mountain View Road to access the child care facility and 8 residential dwellings. A private driveway off Hanon Drive is proposed to access the single-family dwelling on Lot #7. Hanon Drive and Mountain View Road are public roads.

Residential Density

The applicant is proposing 9 total dwelling unit equivalents (DUe) in the form of 9 units with two or more bedrooms and no units with one or fewer bedrooms. Residential density in Williston is calculated on a dwelling unit equivalent (DUe) per acre basis. The Williston Development Bylaw (WDB) 11.3.2 states, “one dwelling is defined as a dwelling unit containing 2 or more bedrooms. A dwelling containing only one bedroom or less (studio) is counted as 0.5 of a dwelling unit.” WDB Chapter 19 Density does require that lands with wetlands, wetland buffers, and slopes in excess of 30% be taken out of that density calculation, and that lands with slopes between 15 and 29.9% be calculated at a reduced density of one dwelling unit per acre in the RZD.

Constraint Acres Allowable Density in RZD (DUe/ Acre)

Allowable Dwelling Unit Equivalents

wetlands 20.24 0 0 slopes 30% and greater 0 0 0 slopes 15-29.9% 0.16 1

0.16

unconstrained 21.02 3 63 Totals 41.42 n/a 63.16

Total Dwelling Units Proposed: 9

FINDINGS OF FACT

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Lot Size Proposed residential lots are in compliance with the lot size requirements. WDB 19.A allows a smaller minimum lot size (or area per dwelling unit where individual lots are not proposed) than the density calculation. For open space developments in the RZD, the minimum area per dwelling unit is 5,445 square feet (.125 of an acre). The proposed lots range in size from 17.11 acres to 0.29 acres. The 3 multi-family units are proposed on a 0.60-acre parcel (Lot 2), averaging 0.20 acres per dwelling. The minimize lot size required for nonresidential uses in the RZD is 20,000 SF (0.46 acres) as stated in WDB 19.3.1.2. The child care facility is proposed on 1.58 acres and is in compliance with this requirement.

Growth Management

On March 28, 2019, this project received a score of 31 points and 8 units of allocation. The property has an inherent right to build 1 dwelling unit. Noting the bylaw changes of February 2019, permits and construction for all units can begin in FY2020 on July 1, 2019 for the following schedule:

• two (2) units in FY2020 • two (2) units in FY2021

• two (2) units in FY2022 • two (2) units in FY2023

Growth Management Score

Approved Score

Staff Review

11.8.1 Conserve Energy

2 4 of the 9 dwellings pledged. Documentation must be shown at

administrative permit and final certificate. 11.8.2 Build Affordable Housing

0 N/A

11.8.3 Offer Housing Choices

10 Complies

11.8.4 Provide Neighborhood Space

1 Cul-de-sac community space. No bench or garden space shown on site plan.

11.8.5 Build Paths and Trails

10 Complies

11.8.6 Design for the Context

5 Complies

11.8.7 Build Close to Services

0 N/A

11.8.8 Neighborhood Design

3 Complies

TOTAL 31

Sidewalks and Paths The applicant proposes sidewalks and a crosswalk along the private road in compliance with WDB 13. Along Mountain View Road, the applicant is proposed a 15-ft easement for a future path or sidewalk. This route will include a primitive unimproved path connecting the Wood Lily neighborhood to Brennan Park to satisfy DRB pre-application recommendation #8. The applicant proposes a paved pedestrian path that connects to the cul-de-sac sidewalk to Brennan Park. The path is proposed on Lot 9 open space. Public Works comments request the path be paved, counter to Conservation Commission recommendation #4 for a primitive trail. Staff recommends the path be paved in order to uphold the growth management score of 10/10 points for 11.8.5. The DRB may decide to remove or modify WCC recommendation #4.

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Open Space The applicant proposes an 18.65-acre open space parcel (Lot 9) complies with WDB 39. Unlike the ARZD, there is no quantitative minimum requirement for open space conservation in the RZD. However, WDB Chapter 39 notes that proposed developments in the RZD must generally be consistent with Williston’s goal of creating compact, walkable neighborhoods while conserving open space.

Wetlands, Waterways, and Core Habitat

A Habitat Disturbance Assessment (HDA) and wetlands delineation have been provided. The subject parcel contains a stream, wetlands, and deer-wintering area. These areas, as well as required watershed protection buffers, are identified on the site plan. The proposed project is not anticipated to impact any rare, threatened or endangered species, unique natural communities, farmlands of local importance, or special flood hazard areas. The subject parcel is within a Significant Wildlife Habitat Area (SWHA) and is designated as core habitat as defined by WDB 27.

Building envelopes on Lots 1 and 2 are shown to be within the wetland buffer. Per WDB 29.9.6, watershed protection buffers must remain undeveloped, mowing or cutting of vegetation is prohibited. Draft covenants must be provided at final plans ensuring the protection of the watershed buffers. The wetland buffer demarcation is identified on the site plan, but the materials have not been specified. Staff recommends fencing as opposed to boulders to prevent encroachment. Staff has drafted conditions of approval. The wooded portion of Lot 7 contains a wetland and associated watershed protection buffers, as well as a state-mapped deer wintering area, and is within a Significant Wildlife Habitat Area. The building envelope on Lot 7 must be adequately delineated to prevent encroachment into the wetland and deer-wintering area. The board must decide if an additional recommendation is necessary to ensure the protection of the deer-wintering area and wetland on Lot 7.

Setbacks and Landscaping Chapter 23 of Williston’s Unified Development Bylaw (WDB) requires that the proposed residential and commercial use be buffered from the neighboring properties. The landscaping provided along the periphery of the parent parcel is either a 50-ft Type I (existing vegetation) buffer or street trees and complies with the bylaw. The daycare facility on Lot 1 is providing street trees along the north and west parcel boundaries, and a Type III Informal Plantings buffer along the Brennan Park parcel boundary. No landscaping buffer is proposed on the southern boundary where Lot 1 abuts Lot 9 open space. The board must decide if a condition of approval is necessary.

Lot 1 daycare facility proposed landscaped Buffers per WDB 23.A Proposed Land Use

Adjoining Land Use Type I Existing Vegetation

Type II Dense Plantings

Type III Informal Plantings

Type IV Formal Plantings

Retail/service commercial

North Public Way Street trees provided per WDB 26. East Mixed-use, including

residential (Brennan Park)

23-ft

South Open space Residential

50-ft Not permitted

23-ft Not permitted

West Private Way Street trees provided per WDB 26

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Street Trees The applicant proposes street trees for Lots 1 and 2 along Mountain View Road and along the new private road in compliance with WDB 26.

Parking Lot Landscaping Parking lot landscaping is provided on Lot 1 in compliance with WDB 23.5.

Parking Parking at the residential properties is compliant with the requirements of WDB 14 for single and multi-family dwellings. The project does generate a requirement for parking on Lot 1 for the daycare facility. Parking requirements in Williston are typically expressed in WDB 14.A as both a minimum and a maximum. This number may then be either increased or reduced through various means allowed in WDB 14. These include the use of transit, shared parking, the use of pervious pavement, and others.

Lot 1 Daycare Facility- Parking Requirements Analysis per WDB 14 Use Amount in

SF, students, rooms, seats, or dwelling units

Rate Per Sq. Ft. (WDB 14.A)

Required Vehicular Parking Spaces

Required ADA Accessible Spaces

Outdoor Bicycle Spaces

Long Term Bicycle Spaces

End of Trip Facilities (showers)

*Based on total required spaces

for the site as follows:

1-25 = 1

26-50 = 2 51-75 = 3

76-100 = 4 101-150=5

161-200 = 6

200+ = see bylaw

*Based on total required long-

term bicycle spaces for the

site as follows:

1-3 = 1 4-18 = 1 per

gender 17-30 = 2 per

gender 30+ = 3 per

gender

Child Care Centers, Pre-School

59 students .35/student 20.65 2

10% of vehicular

75% of required

bicycle spaces

Total Required: all uses

n/a n/a 21 1 2 2 1

Total proposed by Applicant

n/a n/a 23 2 4 2 Unknown

Compliance? - - No Yes Yes Unknown

Compliance Summary: The applicant is proposing 2 more parking spaces than required. Per WDB 14.2.4.2, developments may increase the number of permitted off-street parking spaces by 15% by using porous pavement for a majority of all vehicular spaces. In this case, 15% of 21 spaces is 3 parking spaces. Final plans must identify the long-term bicycle storage and end-of-trip facilities for the daycare. Staff has drafted a condition of approval.

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Traffic A traffic study has been provided as required by the DRB. Administrative permit applications for the dwellings and child care facility must be accompanied by traffic impact fees.

# of PM peak hour trips

# proposed in development

Total trips

Single-family dwelling 1.01 per unit 6 6.06 Multi-family dwelling 0.78 per unit 3 2.34 Child care facility .78 per child 59 46

Anticipated PM Peak Hour Trips 67.4 Outdoor Lighting

Outdoor lighting is proposed for the childcare facility in compliance with WDB Chapter 24.

Project Compliance with WDB 24, Outdoor Lighting Applicable Lighting Zone: RZD

As Required by WDB 24 As Proposed by the Applicant

Any prohibited lighting types per WDB 24.2.4?

Uplighting (except one flag per parcel), Laser and Search Lights, Moving lights, and Mercury Vapor lights are prohibited.

Complies

Are lighting fixtures fully shielded per WDB 24.4?

All fixtures must be shielded except “low lumen lighting” (less than 1200 lumens/lamp as provided below:

Complies

Maximum Total Unshielded Lumen Output per WDB 24.A

RZD: 10,000 lumens/acre

0 lumens/acre

Maximum Total (including shielded and unshielded fixtures) Lumen Output per WDB 24.A

RZD: 100,000 lumens/acre

23,175 lumens/acre

Parking Lot Illumination Level per WDB 24.B

RZD: 1.0 footcandles

1.1 footcandles

Maximum Uniformity Ratio per WDB 24.B

RZD: 20:1

12:1

Maximum Illumination of any Point per WDB 24.B


3.0 footcandles

Light Timing Per WDB 24.5.4, all outdoor lighting including sign lighting must be turned off 30 minutes after the close of business and may be turned on 30 minutes prior to the opening of the business.

Parking lot lighting must be reduced by 75% but

to a level no less than .2 footcandles at grade 30 minutes after the close of business and may be fully turned on 30 minutes prior to the opening of the business.

Motion-activated lighting may be on at all times

but must be programmed to turn off no more than five minutes following the last detectable motion.

Complies, operational notes provided on Sheet #7.

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Water & Wastewater The applicant proposes connections to town water and sewer. Specifications have been provided. The Department of Public Works did not respond to the request for comments, but their sign off is required on the final plans checklist.

Site Maintenance

Snow storage is shown on the site plan in compliance with WDB 16.6. A dumpster enclosure is shown, but final plans must specify screening and a concrete pad per WDB 16.7. A condition of approval has been drafted.

Signs

A master sign plan is not required for a single-tenant commercial building.

Luminaire Orientation Per WDB 24.6: 1. Light cannot be directed above

horizontal plane. 2. Flood lights may be aimed no more than

45 degrees above horizontal. 3. No light may be directed beyond the

parcel boundaries of the site.

Complies

Security Lighting and Security Plan

Security lighting can be brighter in spots than the parking lot limitations in WDB 24.B, and is instead governed by the average illumination requirements of WDB 24.C If security lighting is proposed, it must be accompanied with a security plan showing the area to be lit and explaining the need. Applicants are encouraged to use alarm systems and motion-detected lighting in lieu of full-time security lighting

Not proposed.

Maximum Average Illumination for security lighting (horizontal at grade) per WDB 24.C


N/A – not proposed

Maximum Average Illumination for security lighting (vertical, 5 feet above grade) per WDB 24.C


N/A – not proposed

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Design Review This project is not subject to design review.

Police, Fire, and Public Works The Police Department and Public Works Department did not respond to the request for comments. The Fire Department memo dated May 27, 2019 is attached to this report and adopted as a condition of approval.

Public Comment

No comment letters or email were received at the time of packet mail out (June 20th). Conservation Commission

The Conservation Commission reviewed the application on June 11, 2019. Their complete report is attached and their recommendations are drafted as conditions of approval as follows: 1. On Lot 7, development should be restricted to a defined building envelope to protect Significant Wildlife

Habitat and wetlands.

2. Watershed protection buffers must be clearly demarcated on the final plans and marked on the ground with plantings, fencing or boulders.

3. Construction of roads, infrastructure and homes on Lots 1-8 shall occur in conformance with the professionally-prepared runoff and erosion control plan included as part of the application for Discretionary Permit.

4. The path connection to Brennan park be initially constructed as a primitive path with a right for the applicant or the Town to reconstruct it as a paved multi-use path in the future as needed.

Recommended Action

Staff recommends that the DRB approve this discretionary permit with findings of fact, conclusions of law, and conditions of approval. Staff has drafted a motion where the DRB retains approval of final plans. Staff has pre-draft conditions of approval, but the board may decide a condition of approval is also necessary for the following:

• landscaping buffer along southern parcel boundary of Lot 1 • building envelope delineation of Lot 7

Conclusions of Law

1. The use(s) proposed as part of this discretionary permit are allowable uses in the Residential Zoning District (RZD).

2. The proposed development can meet the development standards of WDB Chapter 39 for the RZD as well as all other applicable sections of the WDB if the proposed development meets the conditions of approval listed below.

Conditions of Approval

COMMENTS AND RECOMMENDED ACTION

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1. The applicant shall file final plans for approval and signature by the DRB or Administrator as delegated within one year from the date of the notice of determination of the decision of the DRB, or this approval shall be considered null and void as required by WDB 6.9.1. Final plans must address all of these conditions of approval and must include all items required by the Final Plans Checklist.

2. Final plans shall be in conformance with all of the WDB requirements and standards, and conditions of approval as required by the DRB. The final plans shall also address all comments and requirements identified in the following items: a. Williston Conservation Commission memo dated June 19, 2019:

1. On Lot 7, development should be restricted to a defined building envelope to protect Significant Wildlife Habitat and wetlands.

2. Watershed protection buffers must be clearly demarcated on the final plans and marked on the ground with plantings, fencing or boulders.


4. The path connection to Brennan park be initially constructed as a primitive path with a right for the applicant or the Town to reconstruct it as a paved multi-use path in the future as needed.

b. The Williston Public Works Department must sign off on the final plans checklist.

c. Williston Fire Department memo dated May, 27, 2019 and a written response to the department outlining the changes that were made in response to their comments.

3. Any other required legal documents, such as easement agreements, shared parking agreements, offers of

dedication of land, or warrantee deeds shall be submitted to the town staff and shall be subject to the approval of the town’s attorney prior to the signing of final plans.

4. The applicants shall enter into a development agreement with the town guaranteeing any required public or private improvements. The applicant shall post any required letters of credit or escrow amounts to guarantee the completion of these improvements in accordance with town standards and the conditions of approval prior to the approval of final plans for the proposed development, as specified by WDB 7.1.

5. All development approved by this decision shall conform to the final plans unless authorized by the

DRB as described in WDB 6.10.

6. Any exterior lighting shall utilize full cut off fixtures and shall be in compliance with the lighting level requirements of WDB Chapter 24.

7. Any landscaping, including street trees, shall be in compliance with the standards of WDB Chapters 23

and 26, and the Williston Public Works Standard Specifications, and these landscaping details shall be included in the landscaping plan submitted as part of final plans.

8. Any required vehicular and bicycle parking shall be provided as required by WDB Chapter 14 and

indicated on the site plan approved by the DRB. A parking table describing the number of parking

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spaces, including both vehicular and bicycle parking, and the calculation of how the proposed parking meets the requirements of WDB Chapter 14 shall be included on the site plan submitted for Final Plans.

9. Following the signing of final plans, the applicants shall first obtain an administrative permit(s) prior to

starting any work proposed as part of this project.

10. In accordance with WDB 6.7.4, discretionary permits approved for non-residential development shall have one year from the date the final plans are signed to obtain administrative permits in accordance with the provisions of WDB Chapter 5, or the discretionary permit approval shall expire.

11. Prior to obtaining any administrative permits associated with this development proposal, the applicant

shall provide full payment of any required impact fees as specified under WDB Chapter 45.

12. Prior to obtaining any administrative permits for this development proposal, the applicant shall obtain any necessary sewer allocation for the proposed development and shall provide documentation of allocation with their permit application.

13. The applicant shall obtain any and all required permits and authorizations as required by either the State of Vermont or the U.S. Army Corps of Engineers prior to commencing any work in association with this project as specified by WDB 1.3.1, and shall provide documentation of any applicable state or federal permits.

14. Any signage proposed for this proposed development, including prospective future tenant(s), shall be in conformance with the size, location, and lighting requirements of an approved master sign plan as required by WDB Chapter 25. The master sign plan shall include a table indicating the size, location and sign type of all proposed signage as approved by the DRB.

15. Any mechanical equipment and utility connections including but not limited to HVAC, water, gas, antennae, and electrical meters and connections shall be fully screened from public view, unless otherwise authorized by the DRB, as required by WDB 18.12.

16. There shall be no mowing or application of lawn chemicals including fertilizers, herbicides and pesticides, or storage of materials within any watershed protection buffers as specified under WDB 29.9.5.

17. Any public improvements required by the approval of this proposed development (including, but not limited to roads, sidewalks, water & sewer connections) must be built in accordance with the Town's specifications as specified by WDB 7.1.3.

18. This approval incorporates by reference all application forms and checklists, the plans and drawings

presented by the applicant, and all verbal representations made by the applicant at the Development Review Board meetings and hearings regarding the subject application to the extent that they are not in conflict with other conditions or regulations WDB 1.3.4.

19. No occupancy or use of any proposed buildings shall take place until a certificate of compliance has been issued signifying that all conditions of any required permits from the Town have been satisfied. Verification that the Williston Fire and Public Works Departments’ requirements have been satisfied shall also be required prior to the issuance of a certificate of compliance.

20. This decision runs with the land and is binding on any future owners, heirs, or assigns of the subject property.

21. Building envelopes of Lots 1 and 2 shall be removed from the wetland buffer.

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22. The applicant shall specify the material used to delineate the wetland buffers and building envelopes on Lot 1-8.

23. The applicant shall reduce the parking lot to 21 spaces or if providing 23 spaces, use porous pavement for the majority of the spaces. Final plans must identify the long-term bicycle storage and end-of-trip facilities for the daycare.

24. The applicant shall identify a bench and/or community garden space in the cul-de-sac.

25. Final plans shall provide a concrete pad and screening for the dumpster in compliance with WDB 16.7.

26. Final plans shall include draft covenants that ensure protection of the watershed buffers per WDB 29.9.6.

MOTION As authorized by WDB 6.6.3, I _________________, move that the Williston Development Review Board, having reviewed the application submitted and all accompanying materials, including the recommendations of the town’s staff and the advisory boards required to comment on this application by the Williston Development Bylaw, and having heard and duly considered the testimony presented at the public hearing of June 25, 2019, and the Findings of Fact and Conclusions of Law proposed by staff for the review of the DP 19-11, and approve this Discretionary Permit subject to conditions above. This approval authorizes the applicant to file final plans, obtain approval of these plans from the DRB, and then seek an Administrative Permit for the proposed development, which must proceed in strict conformance with the plans on which this approval is based.

Williston Fire Department FIRE / EMS

MEMO

To: DRB Staff

From: Ryan Prouty, Lieutenant

Date: May 27, 2019

Re: DP 19 - 11

The Fire Department has completed review of the above referenced project and offers the following;

The Town of Williston Fire Department Plan Review Standard (Standard) dated March, 2013 was adopted by the Williston Selectboard on June 17, 2013. As this development continues with proposed construction of buildings, the Fire Department may have future comments. Contained within this Standard are a number of requirements including;

SUBMITTALS Hydrant locations up to 1000 feet in all directions

Floor Plan

Exterior Propane Storage

Utilities Location

Alarm System Location

ACCESS Road width in parking lot to be confirmed for truck access

Determination of adequate turning radius for Fire Engine

DISTANCE REQUIREMENTS Refuse/recycling containers need to be at least 30 feet from adjacent structures

SIGNAGE Building and mailbox marking per Town Ordinance

Gas and Sprinkler connections marked with signage

Roof and Floor truss signage (Where applicable)

ENTRY/ACCESS Key Safe boxes are required for commercial building

SPRINKLERS FDC Shall be Storz connection with flashing strobe above connection (Where applicable)

Clear of all shrubbery

FIRE ALARM Main panel needs to be shown (Where applicable)

⚫ Page 2

CAT 30 Key for Fire Alarm (Where applicable)

System needs to be addressable (Where applicable)

Building map/drawing needs to be located in the main entry/lobby (Where applicable)

HYDRANTS The Fire Department would like to meet with applicant to discuss hydrants locations. This has been completed.

I encourage the applicant to access this Standard so that these needs can be addressed. I also encourage the applicant to meet with the Fire Department in order to ensure that all requirements within the Standard are met.

Thank you for including the Fire Department in the review process.

Williston Conservation Commission

Conservation Commission Meeting, June 19, 2019 Review Stage: Discretionary Permit

Application No: DP 19-11 Name: Adams 9-lot subdivision Property Address: 700 Mountain View Rd Tax Parcel: 23:026:051

Zoning District: RZD Existing Lot Size: 41 acres

Project Summary: This is a discretionary permit review for a proposed 9-lot subdivision located off of Mountain View Rd in the ARZD. The subject parcel is 41 acres, of which 18.65 acres is proposed as open space. The proposed development lots range in size from 0.29 acres to 17.11 acres. Lot 1 is proposed to be used as a commercial childcare facility, Lot 2 as a 3-unit residential building and Lots 3-8 for single family dwelling units. Lot 9 is proposed for open space under common ownership of the residential unit owners. The development will be accessed from a private road off of Mountain View Rd, with the exception of Lot 7, which is proposed to be accessed from Hanon Drive.

Project History: The Conservation Commission reviewed this project as a Preapplicaton on December 5, 2018. The following table provides the WCC’s recommendations and the applicant’s response: Recommendation Applicant’s Response

1. A Habitat Disturbance Assessment (HDA) should be prepared by a qualified wildlife biologist and submitted by the applicant as part of a Discretionary Permit application.

The applicant has provided a habitat disturbance assessment as part of the discretionary permit application.


Lot 7 has a building envelope that does not encroach into the wildlife habitat, deer wintering area, wetlands or associated buffers.

3. The applicant should have a wetlands delineation prepared by a professional wetlands scientist in accord with the current guidelines of the Army Corps of Engineers, to be submitted as part of an application for a Discretionary Permit.

The wetlands were delineated by a State-approved wetland scientist, on all areas of the property where development is proposed. The delineated wetlands are shown on the site plan.

4. The Discretionary Permit application should be accompanied by a professionally-prepared runoff and erosion control plan that shows how compliance with the performance standards of WDB 29.5 will be attained both during the construction of the proposed development and the continuing use of the site.

The runoff and erosion control plan is included on Sheet 14 of the site plans.

Site Plan Review: After review of this application for development, the Conservation Commission finds that the following natural resources as defined in WDB Chapters 27, 28, 29 and 31 may be affected:

Open Space Development Primitive Trails

Core habitat (SWHA)* Farmlands of local importance

Wildlife travel corridors (SWHA)* Scenic viewsheds

Unique natural communities (UNC) Special flood hazard areas (SFHA) Uncommon, rare, threatened or

endangered species (URTES) Streams, wetlands, lakes & ponds

H Conservation Priority Level (H=high, M=medium, L=low)

*Significant Wildlife Habitat Area

WDB 39.8 Open Space Development

Unlike in the ARZD, there is no quantitative minimum requirement for open space conservation in the RZD. However, WDB Chapter 39 notes that proposed developments in the RZD must generally be consistent with Williston’s goal of creating compact, walkable neighborhoods while conserving open space. This open space must include steep slopes, watershed protection buffers, and any other resources required to be protected under WDB 27 and 29. There is no requirement in the RZD for the protected open space to be platted as a separate lot. The applicant has proposed to set aside 18.65 acres (Lot 9) as open space. Lot 9 contains most, but not all, of the watershed protection buffers. At Preapplication the WCC discussed whether the wooded portion of Lot 7 should also be set aside as protected open space, as this area contains a wetland and associated watershed protection buffers, as well as a state-mapped deer wintering area, and is within a Significant Wildlife Habitat Area. The WCC instead drafted a recommendation to establish a defined building envelope on Lot 7 that does not encroach upon these environmentally sensitive areas. The applicant’s site plan includes this building envelope. Additionally, since Preapplication, the building envelopes of Lots 1-6 and 8 have been reconfigured to exclude watershed protection buffers. ERF Prioritization/Desired Paths and Primitive Trails The parcel is assigned a conservation priority level of high in the ERF Prioritization Map. There is a desired primitive trail shown on the property in Map 17 of the Williston Comprehensive Plan. The applicant has proposed a public gravel trail to the Brennan Park as part of this project. Since Preapplication, upon request of DPW the path has been modified from gravel to asphalt.

WDB 27.5 and 39.8.2.2 - Significant Wildlife Habitat Areas

The subject parcel is within a Significant Wildlife Habitat Area (SWHA) due to its designation as Core Habitat on the Significant Wildlife Habitat Official Map, adopted as part of WDB 27. As required by WDB 27.5.7, a Habitat Disturbance Assessment (HDA) prepared by a qualified wildlife biologist has been submitted by the applicant as part of the discretionary permit application. The HDA mainly focused on the potential impact of the development on the Deer Wintering Area (DWA), which is already impacted by developments to the east, west and south. The proposed path from the development to Brennan Park may help to reduce the current traffic on unofficial paths through the DWA, as will the development of Lot 7, as it will cut off access to the DWA.

WDB 27.6 and 39.8.2.3 - Uncommon, Rare, Threatened, and Endangered (URTE) Species

None of the subject parcel is within an area mapped with Uncommon, Rare, Threatened, or Endangered (URTE) species. WDB 27.6 is not applicable to this project. WDB 27.7 and 39.8.2.4 - Unique Natural Communities None of the subject parcel is within an area mapped as a Unique Natural Community (UNC). WDB 27.7 is not applicable to this project. WDB 27.8 and 39.8.2.7 - Farmlands of Local Importance The subject parcel is identified as containing Farmland of Statewide importance on the Land Evaluation/Site Assessment (LESA) map, but none of the land is considered Farmland of Local Importance on the LESA Map, therefore WDB 27.8 does not apply to this project. WDB 27.9 and 39.8.2.5 - Scenic Viewsheds The project area is within a Secondary Middleground viewshed area as identified in the Visual Assessment Official Map. Landowners who wish to develop parcels including scenic viewsheds will work with the Conservation Commission and DRB to maximize protection of the identified view/s. WDB 28 – Special Flood Hazard Areas None of the project area is within a Special Flood Hazard Area (SFHA), as identified on the most current flood insurance maps and studies published by the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), National Flood Insurance Program (NFIP), or its successor, and as provided by the Secretary of the Vermont Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753. WDB 28 is not applicable to this project. WDB 29 - Watershed Health and 39.8.2.1 Watershed Protection These standards help protect water quality and watershed health in Williston by regulating construction site erosion and stormwater management in new developments and on redevelopment sites. This chapter also establishes standards for the provision and protection of watershed protection buffers along streams and around wetlands and lakes. 29.4 - Runoff and Erosion Control Plans WDB 29.4 establishes runoff and erosion control standards for larger developments and development in vulnerable areas. A low risk development is one in which the cumulative land disturbance is greater than ¼ (one-quarter) acre, but less than two (2) acres, in which all land that will be disturbed is outside the watershed protection buffers established by Chapter 29, and in which all land that will be disturbed has a slope of less than eight percent (8%). Because the project is expected to disturb more than two (2) acres of land, the proposed project is considered a high risk development. As required by WDB 29.3.1, the applicant has submitted a professionally-prepared runoff and erosion control plan that shows how compliance with the performance standards of WDB 29.5 will be attained both during the construction of the proposed development and the continuing use of the site.

WDB 29.8 - Wetlands Protection There are state mapped Class 2 wetlands on the subject parcel. As required by WDB 29.8.1, the applicant has shown on the site plan a wetlands delineation prepared by a professional wetlands scientist in accord with the current guidelines of the Army Corps of Engineers. WDB 29.9 - Watershed Protection Buffers WDB 29.9.3 states the requirement for a 150-foot buffer above the ordinary high water mark of named streams (Sucker Brook, Allen Brook, Muddy Brook and Winooski River) and for a 50-foot buffer above the ordinary high water mark of all perennial or intermittent unnamed streams. There is an unnamed stream that drains through the parcel from southeast to northwest. WDB 29.9.4 states the requirement for a 50-foot buffer above the delineated boundary of any Class II wetland. There is a large Class II wetland associated with the stream and a smaller Class II wetland in the southwest portion of the parcel. WDB 29.9.6 states that watershed protection buffers shall remain undeveloped and in native or cultivated vegetation that serves as an effective filter for surface runoff. Watershed protection buffers must be clearly demarcated on the final plans and marked on the ground with plantings, fencing or boulders. At Preapplication, the site plan showed some of the building envelopes intruded into watershed protection buffers. Since Preapplication, the building envelopes of Lots 1-6 and 8 have been reconfigured to exclude watershed protection buffers. Findings:

1. There is no quantitative minimum requirement for open space conservation in the RZD, however the goal is to conserve as much as possible of the resources identified in WDB Chapters 27 and 29. The applicant has proposed to set aside 18.65 acres as protected open space.

2. There is a desired primitive trail shown on the property in Map 17 of the Williston

Comprehensive Plan. The applicant has proposed to construct an asphalt path connecting the development to the Brennan Park.

3. The subject parcel is within a Significant Wildlife Habitat Area (SWHA) due to its designation as Core Habitat on the Significant Wildlife Habitat Official Map.

4. There are state-mapped Class II wetlands and an unnamed tributary on the subject parcel.

5. The subject parcel is within a Secondary Middleground viewshed area as identified in the

Visual Assessment Official Map.

6. The proposed project is not anticipated to impact any rare, threatened or endangered species,

unique natural communities, farmlands of local importance, or special flood hazard areas.

7. The proposed project is considered a high-risk development due to the expected disturbance of over 2 acres of land.

Recommendations:


2. Watershed protection buffers must be clearly demarcated on the final plans and marked on the

ground with plantings, fencing or boulders.


4. The path connection to Brennan park be initially constructed as a primitive path with a right

for the applicant or the Town to reconstruct it as a paved multi-use path in the future as needed.

Approved by the Williston Conservation Commission on 6-19-2019

Documents

Williston Development Review Board (DRB) Staff Report