HomeMy WebLinkAboutSP-13-29 - Decision - 0025 Bay Crest Drive#SP-13-29
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BAY COURT CONDOMINIUM ASSOCIATION
25 BAY CREST DRIVE
SITE PLAN APPLICATION #SP-13-29
FINDINGS OF FACT AND DECISION
Bay Court Condominium Association is seeking site plan approval to amend a previously approved plan
for a 56 unit condominium complex. The amendment consists of making improvements to the
stormwater system, 25 Bay Crest Drive.
The Development Review Board held a public hearing on July 2 and September 17, 2013. Jason Burt
represented the applicant.
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 Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. Bay Court Condominium Association, hereinafter referred to as the applicant, is seeking site approval
to amend a previously approved plan for a 56 unit condominium complex. The amendment consists of
making improvements to the stormwater system, 25 Bay Crest Drive.
2. The owner of record of the subject property is Bay Court Condominium Association.
3. The application was received on May 24, 2013.
4. The subject property is located in the Residential 2 Zoning District.
5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled "Bay Court
Condominium Association 25 Bay Crest Drive South Burlington Vermont 05403 Proposed Stormwater
Improvements Existing Conditions Hydrology Plan", prepared by Queen City Engineering, dated August
2011 and last revised on 9-10-13.
SITE PLAN REVIEW STANDARDS
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:
The site shall be planned to accomplish a desirable transition from structure to site, from structure to
structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas.
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Without restricting the permissible limits of the applicable zoning district, the height and scale of each
building shall be compatible with its site and existing or adjoining buildings.
Newly installed utility services and service modifications necessitated by exterior alterations or building
expansions shall, to the extent feasible, be underground.
The DRB shall encourage the use of a combination of common materials and architectural characteristics,
landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of
different architectural styles.
Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and
roads in the vicinity that have a visual relationship to the proposed structures.
No changes to the existing buildings or site are being proposed as part of this application and therefore the
aforementioned criteria are not applicable.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to abutting properties
whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street,
to provide additional access for emergency or other purposes, or to improve general access and
circulation in the area.
The Board finds that the additional reservation of land is not necessary.
(b) Electric, telephone and other wire -served utility lines and service connections shall be
underground. Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
The Board finds that pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling
or other requirements, shall be accessible, secure and properly screened with opaque fencing to
ensure that trash and debris do not escape the enclosure(s).
There are no changes proposed to the existing trash facilities.
(d) Landscaping and Screening Requirements
As there is no building construction proposed for this site, there are no minimum landscaping requirements.
As the application includes the alteration of more than twenty cubic yards of fill, this application shall
also be reviewed under Section 3.12 of the Land Development Regulations.
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
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in connection with the construction of a structure on the same lot, shall require the approval of the
Development Review Board. The Development Review Board may grant such approval where such
modification is requested in connection with the approval of a site plan, planned unit development or
subdivision plat. This section does not apply to the removal of earth products in connection with a
resource extraction operation.
Standards and Conditions for Approval:
(1) The Development Review Board shall review a request under this Section for compliance with the
standards contained in this sub -Section 3.12(B). An application under Section 3.12(A) above 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.
The applicant submitted a plan showing the proposed improvements. The Board finds that this plan is
sufficient to satisfy this requirement.
(2) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
The Board finds this requirement is applicable to the subject application.
(b) 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.
The applicant is proposing an upgrade to an existing stormwater system. The applicant proposes
to install an underground stormwater storage/infiltration structure, pond outlet structure and
to increase the pond capacity.
(c) Provision of a suitable bond or other security adequate to assure compliance with the
provisions of this Section.
The Board finds that this requirement will be necessary for the subject application.
(d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of
Structures.
The Board finds that the pre -construction height for future development will be the existing
grade.
Other:
1. The applicant must comply with all requests of the South Burlington Storm water Superintendent
and the project shall meet with his approval prior to the issuance of a zoning permit.
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The South Burlington Stormwater Superintendent who oversees the City's Stormwater Utility
(SWU) provided comments to staff on June 26, 2013 which were relayed to the applicant in the
staff comments for the July 2"d DRB meeting. These comments stated in part as follows:
It should therefore not be assumed by the applicant that once this project is granted approval by DRB
that the SWU will accept maintenance responsibility for the project. Review through the site plan process
does not include evaluation of things like easements and maintenance access for SWU staff that would
be required if the City is going to accept responsibility for the system. 1 spoke to the project engineers and
made this clear in March 2013. * * *
0 Provide final hydrologic modeling so that information regarding the project can be included in
watershed models maintained by the City.
0 Consider modification of the outlet structure. As proposed there is an 8" pipe leading into the
concrete outlet structure. Inside the concrete structure is a 1.75" diameter hole. If this small hole
becomes plugged it would require confined space entry to unclog. Also, the cap should be
removable to allow the 12" pipe leading out of the structure to be cleaned/inspected as
necessary.
0 Confirm that the system is capable of safely passing large storm events. During large storm events,
it appears as if the system is designed to fill and flow out of a 12" pipe in an upstream drainage
structure. Where would water flow if this 12" pipe fails or is overwhelmed by water from
upstream drainage areas?
0 What State permits has this project applied for/received?
The applicant responded to the Superintendent's comments on September 10, 2013 which
stated in part as follows:
...............Please see below responses to comments in bold:
-Provide final hydrologic modeling so that information regarding the project can be included in
watershed models maintained by the City.
See attached hydroCAD results for Q-1, Q-10, Q-100 events
-Consider modification of the outlet structure. As proposed there is an 8" pipe leading into the concrete
outlet structure. Inside the concrete structure is a 1.75" diameter hole. If this small hole becomes
plugged it would require confined space entry to unclog. Also, the cap should be removable to allow the
12" pipe leading out of the structure to be cleaned/inspected as necessary.
The outlet structure has been modified so that the orifice is on the outside of the structure, protected
by a trash rack. See details sheet C3. This redesign results in a change to how the structure manages
large storms. See next bullet.
-Confirm that the system is capable of safely passing large storm events. During large storm events, it
appears as if the system is designed to fill and flow out of a 12" pipe in an upstream drainage structure.
Where would water flow if this 12" pipe fails or is overwhelmed by water from upstream drainage areas?
Existing conditions hydrologic modeling shows that this system may be overwhelmed during larger
events under existing conditions. Please note that the revised outlet structure includes a new 18" pipe
that will replace the existing 12" outfall pipe. The revised outlet structure has been designed to
maintain 12" of freeboard in the pond during the 100-year event.
-What State permits has this project applied for/received?
The project has coverage under DEC stormwater permit 6294-9030.1.
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On September 11, 2013 the Superintendent indicated that he was satisfied with the proposed changes and
response to comments/questions.
DECISION
Motion by Tim Barritt, seconded by Jennifer Smith, to approve the site plan application #SP-13-29 of Bay
Court Condominium Association, 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 plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The applicant shall adhere to the comments of the South Burlington Stormwater Superintendent
and to the applicant's responses as noted above and the project shall meet with his approval prior
to the issuance of a zoning permit.
4. The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site
and shall comply with all requirements noted in VTDEC stormwater permit 6294-9030.1.
5. The proposed project shall 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 shall meet the standards
set forth in Section 16.04 of the South Burlington Land Development Regulations.
6. 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.
7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the proposed stormwater system improvements.
8. Any changes to the site plan shall require approval of the South Burlington Development Review
Board.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
The application was approved by a vote of 4 — 0 — 0
Signed this V1111- day of
A1ltihw
2013, by
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Art Klugo, Vice 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://vermont*udiciary.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 802.879.5676 to speak with to speak with the regional Permit Specialist.
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