HomeMy WebLinkAboutSP-23-009 - Decision - 0054 0056 West Twin Oaks Terrace#SP-23-009
1
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON – 54 & 56 WEST TWIN OAKS TERRACE
SITE PLAN APPLICATION #SP-23-009
FINDINGS OF FACT AND DECISION
The City of South Burlington, hereinafter referred to as the applicant, is seeking approval to amend a
previously approved plan for two general & medical office buildings totaling 18,248 sq. ft. The
amendment consists of grading for the purpose of constructing a new gravel wetland stormwater pond
on the adjacent right of way, 54 – 56 West Twin Oaks Terrace.
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 to amend a previously approved plan for two general & medical
office buildings totaling 18,248 sq. ft. The amendment consists of grading for the purpose of
constructing a new gravel wetland stormwater pond on the adjacent right of way, 54 – 56 West
Twin Oaks Terrace.
2. The owner of record of the subject property is Oak Hill Partners, LLC.
3. The subject property is located in the Residential 7 Zoning district, the traffic overlay zoning district,
and the wetland advisory layer.
4. The application was received on March 10, 2023.
5. The plans submitted consist of:
Sheet No. & Title Prepared by Plan Last
Revised on:
G-0.1 General Notes Hoyle Tanner 11/2022
G-0.2 General Notes & Quantities Hoyle Tanner 10/2022
C-1.1 Existing Site Plan Hoyle Tanner 11/2022
C-1.2 Proposed Site Plan Hoyle Tanner 11/2022
C-2.1 Gravel Wetland Details Hoyle Tanner 11/2022
C-2.2 Landscaping/Riparian Management Plan Hoyle Tanner 11/2022
C-3.1 Miscellaneous Details Hoyle Tanner 10/2022
C-3.2 Miscellaneous Details Hoyle Tanner 11/2022
C-3.3 Erosion Control Details Hoyle Tanner 10/2022
P-3.1 Existing Site Plan with Wetland Buffer Impact Hoyle Tanner 11/2022
P-3.2 Proposed Site Plan with Wetland Buffer Impact Hoyle Tanner 11/2022
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
No changes affecting compliance with these standards are proposed.
#SP-23-009
2
B) SITE PLAN REVIEW STANDARDS
Only the standards below are affected by this application. All other standards will continue to be met.
13.05 Stormwater Management
D. Process.
(1) Applications for proposed development that solely include development related to stormwater
management (Section 13.05) may be reviewed via Administrative Site Plan Review (Section
14.04(B)).
(2) Applications involving an Environmental Restoration Project may be reviewed via Administrative
Site Plan Review (Section 14.04(B)).
This project qualifies for administrative review under both 13.05(D)(1) and (2) above.
C) ENVIRONMENTAL PROTECTION STANDARDS
12.06 Wetland Protection Standards
B. Applicability. All development in the City of South Burlington shall comply with the
requirements of this section. The requirements of this Section will apply to all lands described as
follows, collectively referred to as Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers. – Not applicable
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other
(Municipal only) zoning districts, as established in Section 3.01 of these Regulations, all Class
II wetlands, and their related buffer areas, measured fifty (50) feet in horizontal distance
from the boundary of the wetland, are subject to the provisions of this section.
(b) In all Residential and Other (except Municipal, as enumerated in Subsection B(2)(a)) zoning
districts, as established in Section 3.01, all Class II wetlands, and their related buffer areas,
measured one hundred (100) feet in horizontal distance from the boundary of the wetland,
are subject to the provisions of this section.
The delineated Class II wetland has a 100-ft buffer as defined in (b) above. The applicant is
proposing 1,275 sf of wetland buffer impacts as part of this application. The applicant is also
proposing 1,935 sf of wetland buffer impacts on the adjacent right of way.
(3) Class III Wetlands. – Not applicable
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site
Conditions Map (as applicable to the stage of application) pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation
and wetlands report.
(2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency
of Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this
delineation in their review of the application instead of requiring an additional or separate
delineation.
#SP-23-009
3
The applicant has submitted a wetland field delineation prepared by a qualified wetlands consultant
and dated 6/8/2018. Field delineation is valid for 5 years.
D. 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 has indicated they are seeking approval for a Restricted Infrastructure Encroachment.
(2) Class III Wetlands. – Not applicable
(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 applicant is proposing to install evergreen shrubs and deciduous trees within the impacted
wetland buffer area. The Administrative Officer finds this criterion met.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a
wetlands buffer that were legally in existence as of the effective date of these regulations
shall be considered non-conforming development. Non-conforming development within a
wetlands buffer may not be expanded.
The wetland buffer is currently maintained as lawn. The applicant has proposed to install trees
and shrubs after grading. The surface treatment in this area will consist of mulch. The
Administrative Officer finds this criterion met.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section
12.02 and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider
than 24 feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such
as reduction or elimination of curbing and installation of cross culverts, to enable wildlife
passage.
No roads are proposed. See additional analysis of Restricted Infrastructure criterion below.
F. Modifications. – the applicant has not requested modification of these standards.
12.02 Restricted Infrastructure Encroachment
#SP-23-009
4
A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that
may be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards
that shall be met in order for an encroachment to be allowed.
B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of
development listed in this subsection:
(1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect
parcels and neighborhoods, or provide recreational opportunities within areas containing Hazards,
Level I Resources, or Level II Resources.
(3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II
Resources (e.g., designed to minimize disturbance of the subject natural resources).
(4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II
Resources (e.g., designed to minimize disturbance of the subject natural resources).
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
The LDR defines an Environmental Restoration Project as “A project authorized under the MS4 General
Permit, TS4 General Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution
source identified in a Vermont Department of Environmental Conservation approved watershed
implementation plan (i.e. TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not required
for the purpose of developing or redeveloping impervious surfaces. Additionally, any floodplain
reconnection or stream channel restoration projects that are not included in a Flow Restoration Plan or
Phosphorus Control Plan, but are necessary to meet the required pollutant reductions in a TMDL.” The
applicant has demonstrated that the project is identified in the Potash Brook Flow Restoration Plan, dated
October 1, 2016. The project is proposed to be a stormwater facility and is not required for the purpose
of developing or redeveloping impervious surfaces. Therefore the project may be considered as a
Restricted Infrastructure Encroachment.
C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a
finding that the proposed Restricted Infrastructure Encroachment meets one or more of the following
qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of
hazards, and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
(3) Is a part of an Environmental Restoration Project;
(4) Is on the Official Map;
(5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of
the area; or
(6) For purposes of providing safe access in accordance with City roadway and connectivity
standards to an approved use.
As an Environmental Restoration Project, the project may encroach into a natural resource.
D. Development Review Process. Applications involving Restricted Infrastructure Encroachments
shall be subject to the development review process outlined in Section 12.01(D).
#SP-23-009
5
The encroachment is being reviewed as a Site Plan. The Administrative Officer finds this criterion met.
E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards:
(1) The encroachment shall not have an undue adverse effect on the subject natural resource
and shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into
River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04).
The applicant has obtained state General Wetland Permit 2022-0809.01, which concludes that the
project will result in no undue adverse effect on the protected functions and values of the affected
wetland or buffer. The Administrative Officer finds this criterion met.
(2) Street and Driveway Crossings Not on Official Map. – Not applicable.
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application
#SP-23-009 of the City of South Burlington, subject to the following conditions:
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 as conditioned herein.
3. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
4. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers within either the
wetlands or the associated buffers. Prior to issuance of a zoning permit, the applicant will be
required to record a “Notice of Conditions” to this effect which has been approved by the City
Attorney.
5. There will be no mowing within 100 feet of the wetlands, nor can the wetland buffers be turned into
or maintained as lawn. Neither mowing nor brush-hogging will be allowed in the wetland buffer.
Prior to issuance of a zoning permit, the applicant will be required to record a “Notice of Conditions”
to this effect which has been approved by the City Attorney.
6. 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.
7. The applicant must continue to maintain the approved landscaping in a vigorous growing condition
throughout the duration of the use.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
9. 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.
10. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the new uses.
#SP-23-009
6
11. Any change to the site plan shall require approval by the South Burlington Development Review Board
or the Administrative Officer as allowed by the Land Development Regulations.
Signed on this 14 day of March, 2023 by
Marla Keene, Administrative Officer
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 802.879.5676 to speak with the regional Permit Specialist.