Review Zone Application for D&R Canal Commission Decision

Transcription

1 Review Zone Application for D&R Canal Commission Decision MEETING DATE: November 15, 2017 DRCC #: Latest Submission Received: October 30, 2017 Applicant: 1872 River Road, LLC 71 South Orange Avenue #396 South Orange, NJ Engineer: Theodore H. Bayer, PE Bayer-Risse Engineering Inc 78 Route 173 West, Suite #6 Hampton, NJ Project Location: Road Municipality County Block(s) Lot(s) 1872 River Road West Amwell Township Hunterdon Jurisdictional Determination: Zone A Major Nongovernmental Subject to Review for: Drainage Visual Subdivision Stream Corridors X X THIS STAFF REPORT IS ISSUED AS A GUIDE TO APPLICANTS IN COMPLYING WITH DRCC REGULATIONS. IT IS NOT AN APPROVAL. NO CONSTRUCTION SHALL BEGIN UNTIL A CERTIFICATE OF APPROVAL HAS BEEN ISSUED. Documents Received: Letters (5 pages) dated September 15, 2017, (3 pages) dated November 29, 2016, and (6 pages) dated July 25, 2017 from Theodore H. Bayer, PE; Stormwater Operations & Maintenance Manual dated February 2017, last revised August 20, 2017; Stormwater Design and Storm Sewer Report dated February 26, 2017, last revised August 20, 2017; Site Photos (10 pages); Drainage Areas Maps (2 sheets) dated August 8, 2016, revised October 31, 2016; Web Soil Survey (1 page); USGS Quad Map (2 pages); Stream Corridor Impact Plan (1 sheet) dated November 21, 2016; Site Plans (16 sheets) dated February 29, 2016, last revised August 20, 2017; prepared by Bayer- Risse Engineering, Inc. Architectural Plans (5 sheets) dated March 16, 2016, last revised November 21, 2016, and Response to Request for Additional Information dated January 12, 2016, prepared by Gelman Architecture, LLC.; Traffic Impact Analysis and Parking Study dated April 2016, prepared by Malick & Scherer, PC. Location Survey (1 sheet) dated November 12, 2014, prepared by Heritage Consulting Engineers... The application is complete and shall be presented to the Commission for their action with a staff recommendation of approval at the November 15, 2017 meeting, based upon the following analysis: PO BOX 539 STOCKTON, NJ FAX

2 2 Existing: The 7.79-acre site is situated on the east side of New Jersey State Highway Route 29 and on the north side of Old River Road within the Commission's Review Zone A. In addition, the Delaware and Raritan Canal is located along the west side of River Road (Route 29). The majority of the site is presently wooded, but does contain a twostory single-family dwelling, a septic system, a barn, a spring house, a swimming pool, an access drive and a parking area. The site currently contains 0.32 acres of impervious surface and 5.93 acres of woods. Proposed Project: The proposed project will redevelop the site to accommodate a 10- bedroom hotel, an 18-seat restaurant, a retail building, a septic system, a swimming pool, an access drive, a parking area, walkways, a water quality treatment device, a subsurface detention system, retaining walls, fencing and guide rails, air conditioning condensers, generators, a dumpster enclosure, lighting, landscaping, signage, and associated infrastructure. The applicant is also proposing improvements to Old River Road. These roadway improvements include widening, reconstruction and the installation of stormwater conveyance infrastructure. The proposed development will result in approximately 0.73 acres of new impervious surface and the disturbance of 1.40 acres of land for both Lot 17 and Old River Road. Stream Corridor: The project site is within the vicinity of the Delaware River but the Delaware River is not a Commission regulated stream. Also, there is an onsite tributary to the canal. Its headwater is located south and west of the pool and flows west toward Old Canal Road. However, the drainage area of this feature is less than 50 acres, at the downstream property limit. Therefore, this feature does not have a stream corridor associated with it and this project is not subject to stream corridor impact review. Stormwater Outfall: The project plans to connect the proposed stormwater management system to an existing storm sewer collection system, which discharges to the Delaware and Raritan Canal. Therefore, this application is subject to the specific outfall standards of N.J.A.C. 7: Stormwater Runoff: The runoff from the majority of Lot 17 flows toward the west, toward the Delaware and Raritan Canal. The stormwater management measures have been evaluated at one point of analysis. The stormwater management system has been designed such that for stormwater leaving the site, the peak runoff rates during the two, 10 and 100-year storms will be reduced to less than 50%, 75% and 80% of existing peak runoff rates, respectively. In addition, runoff from the proposed roadway improvements associated with Old River Road will be collected within a proposed stormwater conveyance system and directly discharged to the south side of the intersection of Old River Road and River Road. An analysis of the existing and proposed runoff rates and volumes for the two, 10 and 100- year has also been submitted for this area. Both areas of proposed development will not result in an additional source of stormwater draining to the canal.

3 3 The stormwater management design and associated calculations demonstrate the areas proposed to be developed with this application are designed to attenuate runoff from the site under developed conditions such that the proposed peak runoff rates during the two, 10 and 100-year storms will be reduced to less than 50%, 75% and 80% of existing peak runoff rates. The post-construction runoff volume does not exceed the pre-construction runoff volume for the two, 10 and 100-year storm events, which ensures that no new sources of stormwater tie into an existing drainage system that discharges to the canal. Therefore, this application is in compliance with the specific outfall standards of N.J.A.C. 7:45-8.3(a)2. and runoff quantity standards of N.J.A.C. 7: Water Quality: The Commission requires that all proposed full depth pavement including newly and re-constructed parking and access drives that are being renewed, must meet water quality standards in accordance with Commission regulations (N.J.A.C. 7:45-8.7). This includes reduction of the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm by a rate of 95 percent (%) of the anticipated load from the developed site, expressed as an annual average, since the proposed stormwater management system connects into an existing drainage system that discharges to the canal (N.J.A.C. 7:45-8.3(a)5ii). Based upon the submitted application, new and reconstructed parking and access drive pavement areas are proposed. The submitted stormwater report notes the design proposes to treat for water quality by incorporating, porous pavement, a subsurface detention basin, a bioretention swale and three water quality manufactured treatment devices. Each of the above referenced stormwater best management practices (BMPs) are assigned a TSS removal rate of at least 80%. All of the proposed pavement areas will be directed to a treatment train of at least two of the above mentioned BMPs in series. Two BMPs, assigned an 80% TSS removal rate, in series that utilize different mechanisms to remove suspended solids, achieve a weighted average of 96% TSS removal. Therefore, the specific outfall standards of N.J.A.C. 7: and the specific water quality standards of N.J.A.C. 7: have been met. Groundwater Recharge: The Commission regulations require that stormwater management measures maintain 100 percent of the average annual preconstruction groundwater recharge volume for the site; or that any increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated. The proposed design will infiltrate the increase in two-year storm event volume via the proposed stormwater management system. Therefore, the proposed groundwater recharge measures will address the specific recharge standards of N.J.A.C. 7: for this project. Nonstructural Methods: To assist in determining that sufficient nonstructural stormwater management strategies have been incorporated into the project site design to the maximum extent practical, the Nonstructural Strategies Point System (NSPS) spreadsheet has been completed for this project. The results indicate that the ratio of proposed to existing site points (106%) equals the required site points ratio (106%). Therefore, the project s proposed nonstructural measures are adequate and the project is therefore designed in accordance with N.J.A.C. 7:

4 4 Stormwater Management Maintenance Plan: The applicant has submitted a stormwater management maintenance plan for the site. This project is in compliance with the specific requirements of N.J.A.C. 7: Visual, Historic and Natural Quality Impact: The Commission shall review all projects in Zone A to determine if the project is in accord with the goals for the Park as defined in the Delaware and Raritan Canal State Park Master Plan (Master Plan). The visual, historic and natural quality impact review is intended to assure that development within Zone A is not harmful to the character of the environmental types as identified in the Master Plan (N.J.A.C. 7: and 10.3). The environmental type set forth in the Master Plan for this section of West Amwell Township is Transportation, which is defined at N.J.A.C. 7: (a)5 as park being squeezed between roads, railroads, river or stream. The proposed project is also located in the Canal Historic District, which is comprised of the entire canal bed and all land 100 yards to either side of the center line. N.J.A.C. 7: (a) directs that major projects are discouraged from those portions of Zone A that comprise a Transportation Environment. The Commission shall not grant approval unless specific compensatory measures that mitigate the project s potential for harmful impact are provided. (See N.J.A.C. 7: , inclusive). The applicant proposes parking areas, drive aisles, septic system structures, retaining walls, parking lot lighting, signage, and other ancillary structures which may be visible from the park. The applicant seeks a waiver of strict compliance from this provision. The applicant asserts that the waiver is justified under N.J.A.C. 7: (a)3 because the applicant would include significant landscaping between the project and the D&R Canal State Park. This landscaping (see Page 2 of September 15, 2017 letter) includes: 51 American Boxwood shrubs planted parallel to Route 29 to screen lights from one proposed parking area; 33 American Boxwood shrubs planted perpendicular to Route 29 to screen lights from another proposed parking area; 4 Colorado Spruce and 5 Red Cedar evergreen trees between the parking area and Route 29; 2 Flowering Dogwoods and 1 Sargent Crabapple parallel and set back 15 feet from the right-of-way; Ornamental grasses and Juniper for ground cover around the proposed monument sign; and 6 existing pine trees in excess of 35 feet in height that the applicant notes will not be removed and will provide a screen between the proposed project structure and the park. The applicant notes that vehicles entering the project area will do so by means of the existing driveway, which will require vehicles to drive away from the park in order to enter the property. Taken in combination with the screening vegetation adjacent to the driveways and parking areas noted above, the applicant asserts that these compensatory measures partially fulfill the requirements at N.J.A.C. 7: (a)4, which provide for the development of circulation patterns that direct traffic away from the park.

5 5 Finally, the applicant asserts that recreation activities associated with the project (pool, hot tub, sauna and patio areas), are located in the rear of the property, behind the proposed hotel structure. The applicant notes that the proposed hotel will be located between the recreation areas and the park and that this will minimize and compensate for any noise impacts as provided for at N.J.A.C. 7: (a)5. N.J.A.C. 7: sets forth the design standards for the review of visual, historic and natural quality impacts of proposed projects. In the absence of specific compensatory measures, N.J.A.C. 7: (a) directs that major and minor projects in Zone A shall be set back from the Park sufficiently far so that the winter visual and natural quality of the Park is not adversely affected. N.J.A.C. 7: (a) requires a setback for Zone A projects within a Transportation Environment of 200 feet or more from the park, unless the Commission approves an alternative. In the case of this project, the pool and associated patio appear to meet the setback requirement, while the remainder of the project does not. N.J.A.C. 7: (a)4 directs that in any area where existing vegetation does not provide adequate winter screening, the project shall include landscaping, or a greater setback, or both, to protect the park s visual environment. We note also the Commission rules at N.J.A.C. 7: (d)(5) require that wherever possible, natural terrains, soils, stones, and vegetation should be preserved, and that new vegetation, stones, and soils should be native to the environment in which they are placed. The applicant asserts that the landscaping noted above, which proposes the planting of 84 American boxwood shrubs, 4 Colorado Spruce trees, 5 Easter Red Cedar trees and 2 Flowering Dogwood trees, and the existing vegetation that will not be removed under the proposed demolition plan, justify a waiver of strict adherence to the 200-foot setback requirement. N.J.A.C. 7: (b) directs that for all canal environments, with the exception of the Urban environment, structures shall be limited to a height of 40 feet above existing grade where existing vegetation does not provide winter screening. Based on the architectural elevations submitted by the applicant, the project is 40 feet in height, and therefore complies with the Commission standards for height limits within this review zone. N.J.A.C. 7: (c)1 directs that colors, building materials and textures must harmonize with the man-made or natural surroundings of the park. N.J.A.C. 7: (c)2 further directs that building materials and texture shall harmonize with the surrounding man-made and natural materials. The applicant submitted architectural elevations and additional information at the request of Commission staff which specified the design features and materials to be used for the project. The elevations and additional information provided by the applicant in the narrative dated January 12, 2016 indicate that the addition to the existing structure will be a mixture of Federal and Georgian architectural styles and the applicant states that the project will use the following building materials: The addition will be constructed of brick of red and brown color that is aged to blend with the existing structure.

6 6 The stair tower feature is to be constructed of brick of a larger scale with an anodized standing seam metal roof painted in a brown color. Visible areas of the roof will be covered in brown shingles. Decorative wrought iron balconies are proposed and various trim styles. Lintels will be built from corbelled flat brick arches to match the existing structure. Frieze board, fascia boards, window casings, and trim are to be made from composite wood and painted white. Window casings on the first floor will be made from cultured limestone. Shutters would be of a raised panel design, made from faux wood, and painted either brown or blue. Balustrades on the second and third story balconies on the west elevation and columns located throughout the structure would be made of white composite fiberglass. The applicant proposes an approximately 200-foot-long retaining wall which runs parallel to River Road and then Old River Road. The applicant has supplied additional information which includes a description and illustration of the proposed colors and materials to be used. The applicant states that the retaining walls along River Road will be built of thin veneer on poured reinforced concrete wall in a mix of gray, brown and sandstone colors. Where the wall height falls below four feet, the applicant proposes to use boulders of gray gabro stone, which is located throughout the property. The applicant proposes to repair the exterior of the barn on the property and renovate its interior for retail use. The applicant proposes to keep the barn in its current red color. N.J.A.C. 7: (d)1 directs that electric, telephone, cable, and other such lines and equipment shall be underground or otherwise not visible from the park. In addition, this provision of the regulations directs that exposed machinery, service areas, parking lots and other utility structures shall be completely concealed from view of the park or designed to minimize their impact pursuant to N.J.A.C. 7: (d)2. The applicant has proposed new parking areas, eight lighting poles, drive aisles, septic system structures and other ancillary structures which may be visible from the park. The applicant concedes that all of the proposed exposed ancillary structures will not be either underground or concealed from view of the park, and has requested a waiver of strict compliance from the Commission s regulations. N.J.A.C. 7: (d)3 prohibits any commercial sign in excess of 80 square feet that is visible from the park, and states at N.J.A.C. 7: (d)4 that any commercial sign in excess of 6 square feet shall comply with certain standards. In the case of the Transportation Environment, no freestanding commercial sign may be erected within 200 feet of the park boundary, or be more than 40 feet above ground level. (See N.J.A.C. 7: (d)4 i. and v., respectively). The applicant proposes several commercial signs that measure in excess of six square feet in size. The first of these signs are two freestanding monument signs (one of which would be double-sided), which are proposed to be placed 10 feet from the right-of-way

7 7 on River Road at the north and south ends of the property. The north sign is located approximately 45 feet from the park, and measures 6 feet in length and 4 feet in width, thus totaling 24 square feet in size. The south sign is located approximately 50 feet from the park and is of the same dimensions. They are therefore subject to N.J.A.C. 7: (d)4. According to the applicant, the signs are to be constructed from High Density Urethane and would feature carved gold lettering in relief or bas-relief on a black or brown background. The signs are supported by 2-foot by 2-foot stone veneer columns to match the retaining wall cited above and topped with spherical limestone caps. The applicant states that the height of the columns is 7 feet and that the overall height would be 8 feet. A stone landscape wall is proposed in front of each monument sign. The monument signs comply with the Commission s regulations with respect to height. The applicant requests a waiver of strict compliance from the Commission s regulations with regard to the signage in two respects: first, the applicant concedes that both of the monument signs are within 200 feet of the park; and second, the monument sign at the south of the property placed at a 25-degree angle facing the intersection of Route 29 and Old River Road in order to provide a sightline to vehicles traveling north on River Road, and to provide adequate braking time for vehicles turning onto Old River Road. The signs would be lit by LED strip lights from both above and below. The lights do not appear from the submissions to have any moving parts, flashing, animated or intermittent illumination, and therefore otherwise comply with N.J.A.C. 7: (d)4ii. The applicant proposes a 3-foot by 6-foot blade sign on Old River Road that appears to be placed 150 feet from the park, and is designed and constructed in the same manner as the monument signs, but bearing a painted figure on horseback in addition to the name of the property. The blade sign also does not comply with the N.J.A.C. 7: (d)4i in that it is within 200 feet of the park. The applicant has requested a waiver of strict compliance with the standard because they assert that the blade sign is necessary to guide patrons into the property, and avoid having them proceed inadvertently on Old River Road, which dead-ends beyond the project property. The applicant also notes that the sign will eliminate illegal U-turns on Old River Road. The applicant proposes signs used for wayfinding and branding for the buildings on site that they assert will not be visible from the park due to the intervening vegetation, but will be within the 200-foot setback. The applicant is seeking a waiver of strict compliance from N.J.A.C. 7: (d)4i for these signs as well. The applicant notes that the wayfinding and branding signs are necessary for the routine operation of the proposed hotel project. As noted above, the project is located in the Delaware and Raritan Canal Historic District. However, the existing structure at 1872 River Road is not listed on the State or Federal Registers of Historic Places. Therefore, the requirement to obtain recommendations to avoid, minimize, and/or mitigate the impacts of a project on a listed property in consultation with the New Jersey Historic Preservation Office pursuant to N.J.A.C. 7: (d)6 is not applicable in the case of this project.

8 8 To summarize, the applicant requests the following waivers of strict compliance from the Commission s visual, historic and natural quality impact review standards set forth in Subchapter 10 of N.J.A.C. 7:45: 1. N.J.A.C. 7: (a): Waiver of the provision that major projects are discouraged from those portions of Zone A that comprise a Transportation Environment. This waiver request is justified on the grounds that: significant landscaping will be planted between the project and the D&R Canal State Park; the retention of six existing pine trees in excess of 35 feet in height will provide a screen between the proposed project structure and the park; that vehicles entering the project area will do so by means of the existing driveway which requires vehicles to drive away from the park; and that recreational activities associated with the project will be located in the rear of the property, behind the proposed hotel structure, and therefore not visible from the park. 2. N.J.A.C. 7: (a): Waiver of the provision that requires a setback for Zone A projects within a Transportation Environment of 200 feet or more from the park, unless the Commission approves an alternative. The applicant justifies this waiver request based upon the proposed vegetation noted above, especially the presence of retained and new evergreen trees which are said to provide winter screening. 3. N.J.A.C. 7: (d)2: Waiver of the provision that directs that exposed storage areas, out-buildings, exposed machinery service areas, parking lots, loading areas, utility buildings, and similar ancillary areas and structures shall either be completely concealed from view from the Park or designed to minimize their visual impact on the Park. The applicant asserts that the vegetation planting noted above would provide concealment to a significant extent. 4. N.J.A.C. 7: (d)3: Waiver of the provision that prohibits any freestanding commercial sign may be erected within 200 feet of the park boundary in the Transportation Environment. The applicant contends that the waiver for the proposed monument signs is justified based upon the need to provide sightlines and adequate braking time for vehicles traveling on Route 29. The waiver for the blade sign is requested based upon the need to correctly guide vehicles into the property and avoid having them proceed up Old River Road where they would have to make illegal U-turns. The wayfinding and branding signage waiver is requested because such signs are necessary to operate the proposed hotel on the project site. With respect to the requested waivers of strict compliance from the Commission s visual, historic and natural quality standards, the Commission staff finds that the waivers, if granted, will not create an adverse impact on the Park and will not impair the intent and purpose of the Master Plan or N.J.A.C. 7:45, provided, however, that such waivers are conditioned that upon completion of the project, the applicant shall provide photographs of the project in an as-built condition that show that the retained and planted vegetation provides the large evergreen component described in the September 15, 2017

9 9 submission by the applicant sufficient to screen the property from the D&R Canal State Park. Traffic impact: The Commission shall review major projects in Zone A for their traffic impact on roads that enter the Park or any part of Zone A, N.J.A.C. 7: The proposed project is located on Route 29, which parallels the canal and park, and Old River Road. The project is within a transportation environment as defined by the D&R Canal State Park Master Plan. Access to the property requires travel on Route 29, either northbound or southbound along the canal, with a turn on to Old River Road and then into the site access driveway. Entry to the D&R Canal State Park and the Firemen s Eddy boat launch and river access is located immediately south and across Route 29 from Old River Road. The applicant has submitted a traffic analysis and parking study. A trip generation analysis finds that the additional traffic volumes will be insignificant due to the limited nature of the site improvements. With consideration to the traffic study, staff finds that the additional traffic generated from the project will not have an adverse impact upon the park and therefore the project meets the traffic impact standards of N.J.A.C. 7: Staff Recommendation: Staff recommends approval conditioned upon, at completion of the project, the applicant shall provide photographs of the project in an as-built condition that show that the retained and planted vegetation provides the large evergreen component described in the September 15, 2017 submission by the applicant sufficient to screen the property from the D&R Canal State Park. Sincerely, John Hutchison Executive Director c: West Amwell Township Planning Board Hunterdon County Planning Board