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HomeMy WebLinkAboutMS-22-01 - Decision - 1100 Dorset Street 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com June 17, 2022 Re: #MS-22-01 & #ZP-22-227 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Also enclosed is the zoning permit issued concurrently for the approved project. Both are subject to a State legislated 15-day appeal period and they each come with a Notice placard; both placards must be posted in a public facing window through the effective date listed thereon. Failure to properly post this notice can result in the permit being revoked. Please note all conditions of approval and that a Certificate of Occupancy must be obtained when the project is completed. If you have any questions, please contact me. Sincerely, Marla Keene Acting Administrative Officer Encl. #MS-22-01 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON - 1100 DORSET STREET MISCELLANEOUS APPLICATION #MS-22-01 FINDINGS OF FACT AND DECISION Re-approval of miscellaneous application #MS-22-01 of the City of South Burlington to construct a dog park on the northwest corner of Wheeler Nature Park. The project involves impacts to Class III wetland and wetland buffers, 1100 Dorset Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, City of South Burlington, seeks to construct a dog park on the northwest corner of Wheeler Nature Park. The project involves impacts to Class III wetland and wetland buffers. 2. The subject property is owned by the City of South Burlington. 3. The subject parcel ID is 0570-01100_N 4. The application was received on June 17, 2021. 5. The parcel lies within the Park & Recreation Zoning District. 6. The project received miscellaneous approval #MS-21-01 from the Development Review Board on November 20, 2021. That approval included condition #6 that a zoning permit must be obtained within six (6) months of approval or it would be null and void. No zoning permit was obtained therefore that approval lapsed. 7. LDR 14.04B authorizes the Administrative Officer to re-approve plans in a permit issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed. No changes are proposed. 8. This project is subject to miscellaneous permit review because of the proposed Class III wetland and wetland buffer impacts. 9. The plans submitted consist of the following : Plan Description Sheet Number Date of Last Revision Proposed Site Plan 1 1/4/2022 Site Details 2 1/4/2022 Article 12: Surface Water Protection Standards The Project is proposing the following wetland impacts. Permanent Wetland Impact 2,250 sf Permanent Wetland Buffer Impact 21,137 sf #MS-22-01 2 The applicant submitted a wetland impact memorandum, which describes the characteristics of each wetland including their functions and values. Wetland A is described as having no functions. Wetland B is described as having functions as “water storage for flood water and stormwater” and “surface and ground water protection. The applicant provided specific responses to the wetland impact criteria of 12.02E(3). 12.02E Standards for Wetland Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. The applicant has submitted a letter from the State of Vermont Wetlands Program indicating that the wetlands are Class III and therefore are non-jurisdictional for State purposes. The Corps of Engineers has also provided a jurisdictional determination indicating that the impacted wetlands are not within their jurisdiction. Therefore the findings of these other programs cannot be used for evaluating compliance with the standards for wetland protection. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; The submitted functional evaluation provides the following information relevant to this criterion. Water Storage for Food Water and Storm Runoff: The wetlands’ ability to provide this function is small because of low capacity and small watershed, especially in the area to be impacted by the project. The applicant provided the following additional response in their memorandum. As noted in the functional evaluation, Wetland A provides no storage capacity for stormwater runoff or flood waters. While Wetland B provides some storage capacity, it is limited. The proposed encroachments will not have any adverse impact on this criterion. Based on the provided wetland evaluation, the Administrative Officer finds this criterion met. (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; The submitted functional evaluation provides the following information relevant to this criterion. Erosion Control through Binding and Stabilizing the Soil: The wetlands are not subject to erosive flows of water so they do not provide this function. The applicant provided the following additional response in their memorandum. Stormwater runoff from this site presently passes through Wetland B and is channeled around the southeast corner of the gravel parking area where it is then collected in a stormwater #MS-22-01 3 drainage system which extends under Swift Street and discharges to a large stormwater detention basin on the north end of Veterans Memorial Park near I-89. The proposed Dog Park will maintain the proposed wetland and wetland buffer encroachments as vegetated areas (with only minimal initial disturbance to smooth them out), will not create any new or expanded impervious areas which would increase stormwater runoff rates or contribute additional sediment to the existing storm drainage system. Due to the limited size and stabilized nature of the wetland’s watershed, the Administrative Officer finds this criterion to be met. The applicant is proposing to “smooth out” the fenced areas, which they described as filling divots and removing mounds using hand tools, but not consisting of sufficient earth disturbance to require erosion control measures. They will then hydroseed the area. The Administrative Officer finds the applicant must allow time sufficient to allow vegetation to become well established before opening, subject to review and approval of the Stormwater Superintendent and anticipated to be between two and three weeks with good growing conditions. (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. The applicant provided the following response in their memorandum. The revised site plan, with its reduced dog park areas, minimizes the proposed wetland and wetland buffer encroachments and meets most of the goals established by the Dog Park Committee. Existing topography and vegetation will be maintained within the proposed encroachment areas, thereby minimizing the impact of the proposed wetland and wetland buffer encroachments. The Administrative Officer finds that because of the above-described measures and through modifying the entrance that this criterion is met. Combined Review Pursuant to 14.05C, the applicant has requested combined administrative review and zoning permit. The Administrative Officer finds the criteria for combined review to be met. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves miscellaneous application #MS-22-01 of the City of South Burlington, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning as amended herein. 3. Any change to the plan will require approval by the South Burlington Development Review Board or Administrative Officer as allowable under the Land Development Regulations. 4. The Administrative Officer issued Zoning Permit #ZP-22-226 concurrently with this approval. 5. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the dog park. #MS-22-01 4 6. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. The applicant must allow time sufficient to allow vegetation to become well established before opening, subject to review and approval of the Stormwater Superintendent and anticipated to be between two and three weeks with good growing conditions. Signed this _17_ day of June, 2022, by Marla Keene, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the clerk of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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.