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Home My WebLink AboutSP-17-35 - Decision - 0030 Iby Street#SP-17-35 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON — 30 IBY STREET SITE PLAN APPLICATION #SP-17-35 FINDINGS OF FACT AND DECISION Site plan application #SP-17-35 of the City of South Burlington to make changes to a public park consisting of: 1) installation of play structures, 2) encroachment of bridges and gravel trials in a class II wetland and its associated buffer, and 3) installation of gravel wetlands to improve the quality of stormwater entering the existing wetlands, 30 Iby Street. The Board held a public hearing on June 20, 2017. The applicant was represented by Ashley Parker. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The applicant, City of South Burlington, is seeking approval to make changes to a public park consisting of: 1) installation of play structures, 2) encroachment of bridges and gravel trials in a class II wetland and its associated buffer, and 3) installation of gravel wetlands to improve the quality of stormwater entering the existing wetlands, 30 ]by Street. 2. The owner of record of the subject property is City of South Burlington. 3. The subject property is located in the City Center Form Based Code Park/Civic District. 4. The application was received on May 22, 2017 5. The plans submitted consists of a seven (7) page set of plans, page one (1) is entitled "City of South Burlington Barrett & ]by Street South Burlington, Chittenden County, Vermont" prepared by La Rose Surveys, P.C., and dated 7/14/15. 6. The applicant is required to obtain from the Agency of Natural Resources (ANR) a Vermont Individual Wetland Permit, as the wetland to be encroached are class II wetlands which does come under the jurisdiction of this state agency. The applicant will also be encroaching into class III wetlands which does not require an ANR permit. 12.02 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City's wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. -1— #SP-17-35 B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Wetlands Map and Applicability of Standards. (1) All wetland areas within the City of South Burlington, whether identified on the map entitled "Wetlands Map" as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site -specific delineations, the City's Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. D. Submittal and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class I, 11 and Ill) and an associated fifty (50) foot buffer area. In the absence of such site -specific delineations and information, the City's Wetlands Map shall control. (2) Applicants are encouraged to submit afield delineation and wetlands report as early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of any field delineation and wetlands report. The City's wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development's consistency with the standards in (D) above, and outlining the following: (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class Il 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 Il wetland buffers, Class Ill wetlands and Class Ill 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: -2— #SP-17-35 (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; The applicant has obtained an Individual Wetland Permit on 5/17/17 from the Watershed Management Division of the Department of Environmental Conservation for a project described as "the construction of trails and stormwater treatment at Dumont Park with proposed impacts of 0 square feet of wetland and 9,253 square feet of buffer zone". The issuance of this permit indicates that this criterion will be 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 issuance of the wetland permit indicates that this criterion will 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 issuance of the wetland permit indicates that this criterion will be met. The DRB finds that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan will achieve the standards for wetland protection listed above. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: None the site plan review standards are affected by this application. All other standards will continue to be met. DECISION Moved by Matt Cota, seconded by Jennifer Smith , to approve site plan review application #SP-17-35 of City of South Burlington, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 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 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. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the changes to the park. -3— #SP-17-35 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 David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 7— 0 — 0 Signed this 21 day of June 2017, 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://vermontiudiciary.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—