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Home My WebLink AboutMS-05-06 - Decision - 0000 Aviation AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BURLINGTON INTERNATIONAL AIRPORT - AVIATION AVENUE MISCELLANEOUS APPLICATION #MS-05-06 FINDINGS OF FACT AND DECISION The Burlington International Airport, hereafter referred to as the applicant, is seeking miscellaneous approval to encroach into a Class II wetland by placing approximately 350,000 cubic yards of fill in the wetland and wetland buffer to construct a turf parking area for aircraft, Aviation Ave. The Development Review Board held a public meeting on October 4, 2005. Heather Kendrew and Greg Goyette represented the applicant. Based on testimony provided at the above mentioned public meeting 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 miscellaneous approval to encroach into a Class II wetland by placing approximately 350,000 cubic yards of fill in the wetland and wetland buffer to construct a turf parking area for aircraft, Aviation Ave. 2. The owner of record of the subject property is the City of Burlington. 3. The subject property is located in the Airport Industrial Zoning District. 4. The plan submitted is entitled, "Burlington International Airport BTV SED Phase I Burlington, Vermont", prepared by Dufresne -Henry, dated June, 2005. This application shall 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 a site plan, planned unit development or subdivision plat. 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 - 1 - 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, containing one (1) sheet showing the placement of the fill 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. This requirement is not applicable to the subject application. The phasing of the filling operation is proposed to take 3 to 4 years. Upon completion, the fill is proposed to be permanent. (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 applicant has proposed that the site, when completely filled, will include drainage, underlayment and filling to grade with clean fill. Furthermore, the applicant, as a rehabilitation measure, has received approval to restore 4.9 acres of degraded upland habitat and 12.5 acres of degraded wetland habitat associated with the Muddy Brook corridor off of Van Sicklen Road in South Burlington. No further rehabilitation measures are necessary. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. This requirement will 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 final grade. Pursuant to Section 12.02(E) of the SBLDR, 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 Development Review Board pursuant to the following criteria: -2- a) The encroachment will not adversely affect the ability of the property to carry or store flood waters adequately; All new stormwater runoff from the new impervious area will be collected in catch basins, treated and directed to below -ground infiltration galleries. The CUD finding has stated that there will be no undue adverse impact on storm runoff function. b) The encroachment will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; The proposed stormwater plan is to treat runoff from the new impervious areas while reducing contaminant levels to pre -construction background levels. The CUD finding has stated the proposed project will no adversely impact the stormwater treatment function. c) The impact of the encroachment on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/pr offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. This project will not unduly or adversely affect the stormwater runoff or stormwater treatment functions. The Board reiterates the mitigation site off Van Sicklen Road. The applicant received Conditional Use Determination approval on January 5, 2005. The proposal to fill Class II wetlands requires review and consideration by the South Burlington Natural Resources Committee (NRC) pursuant to Section 12.02(D)(4) of the South Burlington Land Development Regulations . The NRC met on September 27, 2005 and issued a recommendation of approval. DECISION Motion by GA Lr-, Okiov seconded byl-ARRV AlWkA N , to approve Miscellaneous Applic tion #MS-05-06 of Burin ton International Airport, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in full effect. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. 3. 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. -3- 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer when the fill has been placed and seeded. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — ee nay/abstain/not present Matthew Birmingh nay/abstain/not present m — �stain/not Chuck Bolton — e ay present John Dinklage nay/abstain/not present Roger Farley — ea /abstain/not present Larry Kupferman — ay/abstain/not present Gayle Quimby — �ie nay/abstain/not present Motion carried by a vote of �- d - d Signed this day of C �° ,_ 2005, by i John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -4-