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HomeMy WebLinkAboutMS-22-02 - Decision - 1068 Williston Road#MS-22-02 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN SCHOOL APARTMENTS PARTNERSHIP – 1068 WILLISTON ROAD MISCELLANEOUS APPLICATION #MS-21-05 FINDINGS OF FACT AND DECISION Miscellaneous application #MS-22-02 of Champlain School Apartments Partnership to amend a previous approval for encroachment into a Class II wetland buffer. The amendment consists of expanding the area of impact for the purpose of temporary construction impacts, 1068 Williston Road. The Development Review Board held a public hearing on July 6, 2022. The applicant was represented by Stephanie Wyman. Board member Stephanie Wyman was recused from this application and did not participate in the decision. 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 proposed project is located within the Form Based Code T4 zoning district, meaning its site plan will be reviewed administratively. No subdivision is necessary for the project. The Project is proposed to consist of renovations to the existing Holiday Inn building at 1068 Williston Road, construction of a new building located between the existing building and Williston Road, and construction of a second new building located between the existing building and the hotel to the east. The City’s Official Map includes a planned north-south street extending opposite the existing north end of Dorset Street, turning to the east within the first 150 feet. This new street will be the primary frontage for the two new buildings and the renovated Holiday Inn. 2. The applicant previously received Development Review Board approval under MS-21-05 for 702 square feet of Class II wetland buffer impacts. Since that approval, the regulations governing wetland impacts have changed. 12.06 WETLAND PROTECTION STANDARDS 12.06D Standards for Wetlands Protection (1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard per the regulations in Section 12.06(F). The applicant is seeking modification, discussed below. (3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of wetland buffer or other clear, existing demarcation. The design and installation of any such landscaping or fencing must accommodate wildlife passage. The undisturbed portion of the wetland buffer is not proposed to be landscaped or fenced. There is an existing wooded area which is proposed to remain at the edge of the undisturbed area. The Board #MS-22-02 2 finds the existing forest meets this criterion and waives the requirement for additional landscaping and/or fencing. F. Modifications. (1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: (a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning Districts. The project is located in the T4 Form Based Code zoning district. The applicant is requesting modification to allow 2,180 sf of Class II wetland buffer impacts for the purpose of excavation for underground parking, utility installation and minor regrading along the east property line. The buffer area will be developed to include a multifamily residential building and adjacent grassed area. (2) Modification Standards. The Development Review Board may grant a modification from the rules of this Section only if a modification application meets all of the following standards: (a) The modification shall be the minimum required to accommodate the proposed development; The modification is the minimum necessary for the proposed development. The Board finds this criterion met. (b) The proposed development will not have an undue adverse effect on the planned character of the area, as defined by the purpose statement of the zoning district within which the project is located, or on public health and safety; The proposed development must be found to be consistent with the objectives of the T4 zoning district in order to receive administrative site plan approval. The Board finds this criterion met. (c) The proposed development will not have an undue adverse effect on the ability of the property to adequately treat stormwater from the site; and, The proposed development’s stormwater treatment system is on the west side of the site, while the wetland impacts are on the east. (d) The proposed development will not have an undue adverse effect upon specific wetland functions and values identified in the field delineation. The applicant has received draft wetland permit 2018-826.02 for the proposed impacts, which includes the following language The Secretary has determined that the proposed project … will have no undue adverse impacts to the protected functions and values of the subject Class II wetlands or the adjacent wetland complex. The Board finds the applicant must demonstrate the draft wetland permit has been finalized prior to issuance of a zoning permit for the revised impacts. DECISION The South Burlington Development Review Board hereby approves miscellaneous application #MS-21-05 of Champlain School Apartments Partnership, subject to the following stipulations: #MS-22-02 3 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The Board waives the requirement to provide landscaping and/or fencing along the perimeter of the wetland buffer due to the presence of an existing wooded area to remain. 4. The applicant shall obtain a site plan approval for the proposed project within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 6. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers within either the wetlands or the associated buffers. 7. Outside of the approved impacts, there will be no mowing within 50 feet of the wetlands nor can the wetland buffer be turned into lawn. Brush-hogging will be allowed no more than three (3) times per year. 8. 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. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Motion carried by a vote of 6 - 0 - 0. Signed this ___ day of July, 2022, by _____________________________________ Dawn Philibert, 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 180 Market Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or https://www.vermontjudiciary.org/environmental 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.