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HomeMy WebLinkAboutSP-22-041 - Decision - 0000 Market Street#SP-22-041 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH BURLINGTON CITY CENTER, LLC – LOT N, 0 MARKET STREET SITE PLAN APPLICATION #SP-22-041 FINDINGS OF FACT AND DECISION South Burlington City Center, LLC, hereinafter referred to as the applicant, is seeking site plan approval for a presently undeveloped lot. The proposal consists of clearing, grubbing, removing stumps from, and placing fill on the property presently known as Lot N, 0 Market 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 is seeking approval for a proposal to clear, grub, remove stumps from, and place fill on the property presently known as Lot N, Market Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The subject property is located in the Form Based Code Transect Zones 4 & 5 and the Transit Overlay District, and includes portions within Class II wetland & wetland buffers. 4. A complete application was received on August 17, 2022. 5. The plans submitted consist of a Subdivision Plat (sheet no. PL-1), prepared by Lamoureux & Dickinson on 07/15/2019; and a Lot N Fill Placement Plan (sheet no. 1F) prepared by Lamoureux & Dickinson on 08/03/2022. 6. Article 14.11.F.1 of the Land Development Regulations requires approval in connection with the approval of a site plan for all projects that involve 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. As such, the proposed project requires administrative approval of a Site Plan Amendment and the associated Zoning Permit. Only the standards below are affected by this application. All other standards shall continue to be met. A) ARTICLE 8: CITY CENTER FORM BASED CODE DISTRICT The property is located in the City Center Form Based Code T4 and T5 zoning districts. Since no building is proposed, the standards of Article 8 are not applicable. LDR 14.04B(2) dictates that applications within the Form Based Code districts be reviewed administratively except as specifically enumerated. B) SITE PLAN REVIEW STANDARDS 14.07 Specific Review Standards A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. #SP-22-041 2 Standards of Article 12 are discussed below. 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards F. Alteration of Existing Grade. The applicant is proposing to bring in fill to create positive drainage on this lot. The amount of fill to be placed on this property is unknown but is anticipated to exceed 20 cubic yards, therefore Article 14.11.F applies. (2) Standards and Conditions for Approval. a. The Development Review Board shall review a request under this Section for compliance with the standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations. An application under this section 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. A complete Site Plan Amendment Application was submitted with the necessary supporting documents. As such, the Administrative Officer finds this criterion met. b. The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following i. Duration or phasing of the permit for any length of time. No condition is imposed with respect to permit duration or phasing. ii. 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. An acceptable plan detailing the site rehabilitation was submitted with the Site Plan Amendment application, meeting this criterion. iii. Provision of a suitable bond or other security in accordance with Section 15.A.20 adequate to assure compliance with the provisions of these Regulations. No bond is necessary for this project. iv. Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. The pre-construction grade in the City Center Form Based Codes District is defined by the current adopted LDRs as the average of the pre-construction grade along the adjacent street(s). C) ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS The project is located in a Class II wetland and wetland buffer. 12.06 Wetland Protection Standards D. Standards for Wetlands Protection. #SP-22-041 3 (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 has obtained approval to place fill and clear trees within the wetland and wetland buffers in question as part of Conditional Use application #CU-18-01. The Administrative Officer finds this standard sufficiently modified and the criterion met. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-22-041 of South Burlington City Center, LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval will remain in effect. 2. The Administrative Officer concurrently issues Zoning Permit #ZP-22-338. 3. 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. 4. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 5. Any change to the site plan will 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. Signed on this 22nd day of _ September_, 2022 by Marla Keene, Acting Administrative Officer #SP-22-041 4 PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary 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 802.477.2241 to speak with the regional Permit Specialist.