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Home My WebLink AboutMS-18-04 - Decision - 0000 Nesti Drive#MS-18-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALEXANDRA FOGG, VELCO—NESTI DRIVE MISCELLANEOUS APPLICATION #MS-18-04 FINDINGS OF FACT AND DECISION Miscellaneous permit application #MS-18-04 of Alexandra Fogg, VELCO for stormwater upgrades within the VELCO property. The upgrades consist of construction of a gravel wetland and pretreatment forebays, Nesti Drive. The Development Review Board held a public hearing on September 4 and October 2, 2018. The applicant was represented by Andres Torrizo and Jim Pease. Based on the plans and 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, VELCO, seeks to make stormwater upgrades within the VELCO property. The upgrades consist of construction of a gravel wetland and pretreatment forebays, Nesti Drive. 2. The improvements are proposed to take place on the VELCO parcel, parcel ID 1540-01855-L. 3. Related improvements are proposed to take place on the adjacent parcel at 123 Nesti Drive and the parcel in Shelburne at the BlueLynx property on Pine Haven Shores Road. 4. The application was received on August 8, 2018. 5. The parcel lies within the Commercial 2 zoning district. 6. The plans submitted consist of eleven (11) pages prepared by Chenette Associates, P.C. with the first page titled "Town of Shelburne VELCO Property Conceptual (90%) Plans Gravel Wetland South Burlington/Shelburne, VT" and dated July 11, 2018. The proposed stormwater treatment practice is located on the VELCO property. Pretreatment and conveyance occurs on the subject property as well as on the adjacent properties at 123 Nesti Drive to the North, being reviewed under application #SP-18-43, and on the BlueLynx property on Pine Haven Shores Road. The applicant has indicated that runoff from 102 acres, including a portion of Route 7, the self storage facility at 123 Nesti Drive, the Blue Linx property, and a portion of the residential neighborhood on the far side of Route 7 will be treated in this practice. This practice discharges to an unnamed tributary to Lake Champlain. The applicant has indicated the project is grant -funded with a VTrans match. 3.12 ALTERATION OF EXISTING GRADE DRB approval is needed for the placing or removing of fill on land when the amount is equal to or greater than 20 cubic yards except when incidental to or in connection with the construction of a #MS-18-04 structure on the same lot. Based on the provided plans, the applicant is proposing to remove existing soils and import engineered material to create the proposed stormwater treatment practices. Quantity estimates are not available at this time but based on submitted plans, it appears that greater than 20 cubic yards of material will be placed. Provided site plans show the soil to be removed and the material to be placed as well as the existing grade and the proposed grade created by removal or addition of material. The Board finds this criterion to be met. SECTION 12.02 WETLAND PROTECTION STANDARDS These standards apply to all lands within 50-feet of a wetland. (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. (3) Encroachment into Class 11 wetland buffers, Class 111 wetlands and Class 111 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: The applicant is proposing 200 sq. ft. of Class III wetland impacts and approximately 5,000 sq. ft. of Class III wetland buffer impacts. The wetland and buffer is being impacted for the purpose of constructing a gravel maintenance access road to the proposed treatment practice. (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; The proposed impacts are a small portion of the overall wetland. The Board 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 Assistant Stormwater Superintendent reviewed the plans on September 4, 2018 and offers the following comment. We have reviewed the Town of Shelburne Velco Property Gravel Wetland project, prepared by Chen ette Associates, P.C., dated 7111118. We support this project in providing treatment to previously untreated stormwater runoff and have no further comments. The Board finds this criterion to be met. (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 has provided documentation that ANR has classified the impacted wetland as Class III. No wetland report was submitted with the application. The applicant has 2 #MS-18-04 represented that the functions and values of the wetland are low. The purpose of the project is to improve stormwater. The Board finds this criterion met. 12.03 Stormwater Management Standards 12.04E(2) Drainage Structures To Accommodate Upstream Development — Culverts or other drainage facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage area, whether or not all or part of the upstream area is on the applicant's lot or the parcel subject to the application. In determining the anticipated amount of upstream runoff for which drainage facilities must be sized, the applicant shall design the stormwater drainage system assuming the total potential development of upstream drainage areas. All drainage structures shall be designed to, at a minimum, safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event. The applicant's engineer shall provide such information as the Stormwater Superintendent or his designee deems necessary to determine the adequacy of all drainage structures. The applicant provided an analysis demonstrating the impacts of the proposed project on the downstream culvert. The Board finds this criterion met. DECISION Motion by Matt Cota, seconded by John Wilking, to approve miscellaneous application #MS-18-04 of Alexandra Fogg, VELCO, 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. 3. Any change to the plan will require approval by the South Burlington Development Review Board or Administrative Officer. 4. The applicant must 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. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0 �3 #MS-18-04 Signed this 3rd day of October, 2018, by Bill Miller, 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://vermontiudiciarV.org/GTC/environmental/default.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 802.477.2241 to speak with the regional Permit Specialist. 4