HomeMy WebLinkAboutCU-18-01 - Decision - 0000 Market StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — MARKET STREET
CONDITIONAL USE APPLICATION #CU-18-01
FINDINGS OF FACT AND DECISION
Conditional use application #CU-18-01 of South Burlington City Center, LLC to place fill in wetlands and
wetland buffers and to clear trees within the wetland and buffers for the purpose of preparing the
property for future development, Market Street.
The Development Review Board held a public hearing on February 20, 2018. The applicant was
represented by Tim McKenzie and Chris Snyder.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
1. The Project is located within the Form Based Code T4 District. In general, the applicant is
proposing more than 30 acres of mixed use commercial and residential development on both
sides of Market Street and an extension of Garden Street. Within the Form Based Code district,
applications to impact wetlands must be reviewed by the Development Review Board. The
Project impacts approximately 6.0 acres of wetlands and wetland buffers.
2. As part of this conditional use application addressing wetland impacts, the Board is also
responsible for reviewing the applicants request to clear trees within the impacted wetlands and
wetland buffers. The applicant has indicated that they do not intend to clear trees within the
wetland and wetland buffers that are not impacted by the proposed development. Impacts to
Class II wetlands, Class II wetland buffers, and Class III wetlands are reviewed by State and
Federal agencies and the applicant has received relevant permits for these impacts. Therefore
Class III wetland buffers are the only element of this application which have not been reviewed
by State or Federal agencies.
SURFACE WATER PROTECTION STANDARDS
12.01C(4) Surface Water Buffer Standards for New Uses and Encroachments Within Stream Buffers
The encroachment of new land development activities into the City's stream buffers is discouraged. The
DRB may authorize the following as conditional uses within stream buffers, subject to the standards
and conditions enumerated for each use. The DRB ►nay grant npp rovalc purviant to this section as part
of PUD review without a separate conditional use review.
(a) N/A
(b) Clearing of vegetation and filling or excavating of earth materials, only to the extent
directly necessitated for the construction or safe operation of a permitted or conditional use on
the same property and where the DRB finds that:
(i) There is no practicable alternative to the clearing, filling or excavating within the
stream buffer
The Board finds that in order to successfully construct the City Center project, unavoidable
impacts to surface water buffers will occur.
(ii) The purposes of this Section will be protected through erosion controls, plantings,
CITY OF SOUTH BURLINGTON DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
CU-18-01 Market Street
protection of existing vegetation, and/or other measures.
The applicant has not yet provided details of what erosion control measures and plantings
will be provided. The applicant has indicated that in areas outside of the areas specifically
designated as impacted, the buffers will remain in their natural condition. The Board finds
that individual development projects will be subject to State erosion control permitting and
site plan review under the Form Based Code standards, and thus conformance with this
standard will be assured through other review processes.
(c) N/A
(d) Encroachments necessary for providing for or improving public facilities.
The majority of proposed stream buffer encroachments are for the purposes of constructing
stormwater management practices. These stormwater practices will not necessarily become
public, but in the context of the larger City Center development project, the Board finds these
practices necessary.
(e) Public recreation paths, located at least twenty five (25) feet from the edge of channel
of the surface water.
There is a proposed recreation path to connect City Center to Dumont Park through the stream
buffer. The Board finds this criterion met.
(f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources
stormwater treatment standards, and routine maintenance thereof, including necessary
clearing of vegetation and dredging. Evidence of a complete application to the VANR for
coverage under the applicable permitting requirements shall be required to meet this criterion
for encroachment into a stream buffer.
As discussed above, the majority proposed stream buffer encroachments are for the purposes of
stormwater treatment. The applicant has obtained a state individual stormwater discharge
permit and a state individual wetland permit for the proposed impacts. The Board finds this
criterion met.
(g) N/A
(h) Utility lines, including power, telephone, cable, sewer and water, to the extent
necessary to cross or encroach into the stream buffer where there is no feasible alternative for
providing or extending utility services.
No impacts to stream buffers are proposed for utility lines other than in areas already impacted
for other purposes.
(i) — (k) N/A
12.01E Potash Brook Tributary 3 Requirements
For lands located within one hundred fifty (150) feet horizontal distance of Tributary 3 of Potash
Brook, as delineated in the Potash Brook Watershed Restoration Plan, the DRB shall have the
authority to invoke technical review of proposed land development activities requiring DRB approval.
Such technical review shall have the specific purpose of recommending site plan, stormwater and
landscaping measures that will ensure that land development activities are consistent with the City's
overall plan for ecosystem restoration in the Tributary 3 watershed.
is
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
DEPARTMENT OF
PLANNING & ZONING
CU-18-01 Market Street
The Project involves impacts to lands within 150-feet of Tributary 3 of Potash Brook. The applicant is
proposing to provide treatment for 9.6 acres of existing off -site impervious within the stormwater
treatment practices for the City Center project. The developer has also contributed land to the City for
the purpose of constructing a stormwater treatment pond and interpretive walking trails for treatment of
Market Street runoff, and is proposing to construct an educational path along Tributary 3. The Board finds
that these measures contribute to ecosystem restoration within the Tributary 3 watershed and technical
review is not necessary.
12.02E 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 11 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 Applicant has obtained individual wetland permit #2013-293 for 45,775 square feet of Class II
wetland impact and 157,615 square feet of Class II wetland buffer impact for the Project. The State
regulates only Class II wetlands and their buffers. The applicant has applied for US Army Corps of
Engineers permit for 53,238 square feet of wetland impacts. The US Army Corps of Engineers regulates
all wetlands, but does not regulate wetland buffers. Therefore the impacts to Class III wetland buffers
are the only elements of the application which have not been reviewed by a wetland regulator.
(3) Encroachment into Class 11 wetland buffers, Class 111 wetlands and Class 111 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.
As discussed above, the encroachments are primarily for the purposes of stormwater
management practices, which are designed to match the peak rate of runoff to their ultimate
discharge points, the impacted and adjoining wetlands. The Board finds this criterion to 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 stormwater management practices provide water quality treatment to remove suspended
solids to state permissible levels prior to discharge. The applicant represents that treatment of
runoff from off -site properties is also provided by the stormwater management practices. The
Board finds this criterion to 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.
According to Individual Wetland Permit 2013-293, the functions of the Class II wetlands include
water storage for flood water and storm runoff, surface and groundwater protection, and
erosion control through binding and stabilizing the soil. By definition, Class III wetlands have
limited functions. The applicant has paid into wetlands mitigation funds through State and US
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
DEPARTMENT OF
PLANNING & ZONING
U-18-01 Market Street
Army Corps of Engineers permit processes, has designed the Project to preserve and enhance
the Potash Brook Tributary 3 corridor north of Dumont Park, and has preserved the wetland
north of Garden Street by incorporating a storm pond for treatment of off -site flows prior to
discharge to the wetland. The Board finds this criterion met.
CONDITIONAL USE REVIEW
Pursuant to Section 12.01C(4) of the South Burlington Land Development Regulations (New Uses and
Encroachments within Stream Buffers), the proposed use shall be reviewed as a conditional use and
shall meet the following standards of Section 14.10(E):
14.10E General Review Standards
The Development Review Board shall review the proposed conditional use for compliance with all
applicable standards as contained in these regulations. The proposed conditional use shall not result in
an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
The elements of the City Center project addressed by this application will have no adverse effect
upon community facilities. The Board finds this criterion met.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning
district within which the project is located, and specifically stated policies and standards of the
municipal plan.
The Board finds that the proposed project is consistent with the stated purpose of the Form Based
Code District, which is in part to encourage "sustainable retail, commercial and mixed use
development of open land, redevelopment of existing mixed use land and preservation and
improvement of residential areas through pedestrian and bicycle connectivity... Future
development within the City Center FBC District and its Transect Zones shall be of a form of built
environment that creates and protects development patterns that are compact, pedestrian
oriented and mixed use." The Board finds this criterion met.
(3) Traffic on roads and highways in the vicinity.
The elements of the City Center project addressed by this application will have no adverse effect
on traffic on roads and highways in the vicinity. The Board finds this criterion met.
(4) Bylaws and ordinances then in effect.
The Board finds this criterion met. See above for a discussion of compliance with general surface
water protection standards.
(5) Utilization of renewable energy resources.
The elements of the City Center project addressed by this application will not affect renewable
energy resources. The Board finds this criterion met.
4
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SITE PLAN REVIEW STANDARDS
DEPARTMENT OF
PLANNING & ZONING
CU-18-01 Market Street
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan
approval. Section 14.06 establishes the following general review standards for all site plan applications:
None of the site plan review standards are affected by this application. All other standards will continue
to be met.
The South Burlington Development Review Board hereby approves Conditional Use application #CU-18-01
of Snyder -Braverman Development Co., LLC, subject to the following stipulations:
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 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. Any change to the site plan shall require approval by the South Burlington Development Review Board
or the Administrative Officer.
5. There shall be no use of herbicides, pesticides, and/or non -organic fertilizers within either the
wetlands or the associated buffers.
6. 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.
7. 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.
Mark Behr
Yea
Nay
Abstain
Matt Cota
Yea
Nay
Abstain
Frank Kochman
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
David Parsons
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
Motion carried by a vote of 4 — 0 — 0
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
5
CITY OF SOUTH BURiINGTON DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
CU-18-01 Market Street
Signed this day of March 2018, 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 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 575 Dorset 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.vermontiudiciary.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.
11