HomeMy WebLinkAboutCU-03-16 - Decision - 0000 Kennedy DriveCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
CITY of SOUTH BURLINGTON PUBLIC WORKS
KENNEDY DRIVE WIDENING
CONDITIONAL USE APPLICATION 9CU-03-16
FINDINGS of FACT AND DECISION
The City of South Burlington Public Works Department, hereafter referred to as the
applicant, is requesting Conditional Use approval for wetland encroachment resulting
from the widening of Kennedy Drive to four (4) traffic lanes with additional 4' bike
lanes. The Development Review Board held a public hearing on the project on October
7, 2003.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting Conditional Use approval for wetland encroachment
resulting from the widening of Kennedy Drive to four (4) traffic lanes with additional 4'
bike lanes.
2. The owner of record is the City of South Burlington.
3. The subject property intersects five (5) separate zoning districts: 1) Municipal, 2) Parks
and Recreation, 3) Residential 7, 4) Residential 12, and 5) Commercial 1.
4. The proposed project was reviewed under Sections 14.10(E) and 12.02(E) of the South
Burlington Land Development Regulations.
Pursuant to Section 14.10(E), shall consider the following criteria when reviewing
Conditional Use applications:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The Development Review Board concludes the proposed project is consistent with the
planned character of the area.
2. The proposed use shall conform to the stated purpose of the district in which the
proposed use is to be located.
The location of the proposed project intersects numerous zoning districts. However, the
Development Review Board does not feel it contradicts any of the stated purposes of the
applicable zoning districts.
3. The proposed use shall not adversely affect:
(a) The capacity of existing or planned municipal or educational facilities.
Approval of the proposed project will support both existing and planned municipal
facilities.
(b) The essential character of the neighborhood or district in which the property is
located, or the ability to develop adjacent property for appropriate uses.
The area where the project is proposed is currently developed with a three lane roadway.
The Development Review Board does not feel the expansion to a four lane roadway will
have a significant impact on the character of the area.
(c) Traffic on roads and highways in the vicinity.
Approval of the proposed project should improve traffic on the roads in the vicinity.
(d) Bylaws in effect.
The proposed project will not adversely affect any of the City's bylaws in effect.
(e) Utilization of renewable energy resources.
Renewable energy resources will not be affected through this proposal.
(f) General public health and welfare.
General public health and welfare will not be adversely affected by the proposed project.
Pursuant to Section 12.02(E) of the Land Development Regulations, the
Development Review Board shall consider the following standards for wetlands
protection:
(1) Consistent with the purposes of this Section, encroachment into wetlands and
buffer areas is generally discouraged.
As wetland are present to the north and south of Kennedy Drive, any expansion of the
roadway will require encroachment into wetland buffers. The project will primarily affect
the 50' buffer to the north of Kennedy Drive.
(2) 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
DRB pursuant to the criteria in (3) below.
The affected area does contain Class II wetlands. The applicant has obtained a CUD
from the Vermont Department of Environmental Conservation.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III
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:
(a) The encroachment(s) will not adversely affect the ability of the property to carry
or store flood waters adequately;
At the June 5, 2003 Natural Resources Committee meeting, the Director of Public Works
and applicant, Bruce Hoar, stated that the water level in the pond connected to the subject
wetlands has been maintained at a consistent level in the three years he has been the
Director. A new culvert will be installed in replace of the existing culvert on the southern
side of the subject roadway.
The Development Review Board feels this is sufficient to support the ability of the
wetlands to store flood waters adequately.
(b) The encroachment(s) will not adversely affect the ability of the proposed
stormwater treatment system to reduce sedimentation according to state standards;
The applicant has obtained a CUD from the State, so the Development Review Board
feels this requirement is 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 applicant has stated that stormwater improvements will be incorporated into the
proposed project to maintain water quality.
Other
The South Burlington Natural Resources Committee discussed the proposed project at
their June 5, 2003 meeting. The Natural Resources Committee had no problems with the
proposal and voted unanimously to approve the project.
DECISION
Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Conditional Use
Application #CU-03-16.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed this `6 day of October, 2003, by
John Dinklage, Chair