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HomeMy WebLinkAboutMS-14-09 - Decision - 0284 Meadowland Drive#MS-14-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SBRC PROPERTIES, LLC — 284 MEADOWLAND DRIVE MISCELLANEOUS APPLICATION #MS-14-09 FINDINGS OF FACT AND DECISION SBRC Properties, LLC is seeking miscellaneous after -the -fact approval to leave in place 70,000 cubic yards of fill which was required to be removed by 12/11/09, 284 Meadowland Drive. The Board held a public hearing on this application on November 4 2014. David Marshall represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials contained in the document file for this application, the Development Review Board, finds, concludes, and decides the following: FINDINGS OF FACT 1. SBRC Properties, LLC is seeking miscellaneous after -the -fact approval to leave in place 70,000 cubic yards of fill which was required to be removed by 12/11/09, 284 Meadowland Drive. 2. The owner of record of the subject property is SBRC Properties, LLC. 3. The subject property is located in the Industrial & Open Space Zoning District. 4. The plan submitted consists of three (3) pages, page one is entitled "South Burlington Realty Corp. Williston, Vermont Lot 1 Permanent Fill Replacement VT. Rte. 116 Meadowland Drive South Burlington Vermont Overall Site Plan" prepared Civil Engineering Associates, Inc. and dated Sept. 18, 2014 This application shall be reviewed under Section 3.12 of the Land Development Regulations. Section 3.12 Alteration of Existing Grade 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 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 #MS-14-09 filled or removed, and the existing grade and proposed grade created by removal or addition of material. The Board finds that this criterion is met. (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 that this criterion is not applicable as the fill is meant to be a permanent addition to this property. (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 otherappropriate measures. The Board finds that this criterion is not applicable as the soil is intended to be used at the site and not removed. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. The Board finds that a bond is not necessary to assure compliance. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development will be the existing grade prior to the placement of the fill which is the subject of this application. The pre -construction grade shall be as shown as in Sheet C1.1 (Pre -Existing Grade Plan) of the submitted plans. DECISION Motion by , seconded by to approve miscellaneous application #MS-14-09 of SBRC Properties, LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. The project shall be completed as shown on the plans 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 upon completion of the fill placement. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. 2 #M S-14-09 6. The pre -construction height for future development will be the existing grade prior to the placement of the fill which is the subject of this application. The pre -construction grade shall be as shown as in Sheet C1.1 (Pre - Existing Grade Plan) of the submitted plans. Tim Barritt— yea nay abstain not present Mark Behr— 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 X— 0 — 0. Signed this day of 2014, by Tim Barritt`Chair Please note: An appeal of this decision may be taken by filing, within30 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 802.879.5676 to speak with the regional Permit Specialist.