HomeMy WebLinkAboutSD-07-37 - Decision - 0080 Midas Drive#SD-07-37
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
EIGHTY MIDAS DRIVE, LLC - PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-07-37
FINDINGS OF FACT AND DECISION
Eighty Midas Drive LLC, hereafter referred to as the applicant, is seeking final plat
approval to amend a previously approved planned unit development consisting of an
8,480 square ft. general office building, including a drive-in bank. The amendment
consists of minor site modifications, 80 Midas Drive. The Development Review Board
held a public hearing on Tuesday, July 10, 2007. Steve Vock 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. The applicant is seeking final plat approval to amend a previously approved
planned unit development consisting of an 8,480 square ft. general office
building, including a drive-in bank. The amendment consists of minor site
modifications, 80 Midas Drive.
2. The owner of record of the subject property is Eighty Midas Drive, LLC.
3. The subject property is located in the Commercial 1-Residential 12 (C1-R12)
Zoning District.
4. The plans submitted consists of a two (2) page set of plans, page one (1)
entitled, "Proposed Site Plan", prepared by Civil Engineering Associates, Inc.,
dated Sept, 2005, last revised on 6/18/07.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
C1 Zoning District
Required 11
Proposed
4 Min. Lot Size
40,000 S.F.
23,739 S.F
Max. Building Coverage
40%
12.7%
�l Max. Overall Coverage
70%
67.2%
Max. Front Yard Coverage
(Midas Drive)
30%
30%
�1 Max. Front Yard Coverage
(City of South Burlington Easement
30%
30%
♦ Min. Front Setback (Midas Drive)
30 ft.
5 ft.
Min. Front Setback (City of South
Burlington Easement)
30 ft.
>30 ft.
�l Min. Side Setback
10 ft.
>10 ft.
♦ Max. Building Height
35 ft.
44.6 ft.
zoning compliance
A pre-existing noncompliance
♦ waiver required
The applicant is requesting approval to locate a GMP transformer within the front yard
setback. Therefore, they are requesting a front yard setback waiver of 25 feet, to allow the
structure to be located five feet from the edge of the City Right -of -Way. In accordance with
the South Burlington Land Development Regulations (SBLDR), the Board may grant a
waiver such that no structure is closer than five feet from any property line. This transformer
has already been installed and that this application has been submitted after the fact.
The South Burlington Land Development Regulations state that no accessory structure
may be located in the front yard. The applicant is requesting a waiver from this regulation.
Landscaping
The applicant has submitted a revised landscaping plan with changes not only surrounding
the proposed transformer, but also elsewhere on the site.
The South Burlington Land Development Regulations require that "utility improvements
such as transformers .... shall be effectively screened" and that such "screening shall be
permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees
and shrubs."
The proposed landscaping surrounding the transformer does not sufficiently screen the
very large area from the public right of way of Midas Drive. There is a gap which has been
shown to provide access for GMP technicians. This gap should be moved to the opposite
side and not be located on the Midas Drive side.
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The minimum landscaping requirement, based on building costs, is $22,220. The applicant
has already bonded for $22,500. The applicant should submit a revised itemized landscape
budget which shows that the minimum budget is still being met.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-07-37 of Eighty Midas Drive, LLC, subject to the following conditions:
1) All previous 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 plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a) The landscaping plan shall be amended to add landscaping to the east side of the
transformer to fill the gap shown on the plans.
b) The plans shall be revised to show the transformer pad moved such that no portion
of the pad be less than five (5) feet from the nearest property line.
4) The Board approves a twenty-five (25) foot setback waiver for the transformer.
5) The Board grants approval for the location of the accessory structure (transformer) in
the front yard.
6) The applicant shall submit a revised itemized list of the proposed landscaping, including
dollar values. This shall meet a minimum of $22,500.
7) Any changes to the final plat plan shall require approval by the South Burlington
Development Review Board.
8) The final plat plan (sheet Cl) shall be recorded in the land records within 180 days or
this approval is null and void. The plan shall be signed by the Board Chair or Clerk
prior to recording.
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Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — Yea/nay/abstain/not present
John Dinklage — vea/nay/abstain/not present
Roger Farley — Yea/nay/abstain/not present
Eric Knudsen — Yea/nay/abstain/not present
Peter Plumeau — Yea/nay/abstain/not present
Gayle Quimby — ea/nay/abstain/not present
Motion carried by a vote of 6-0-0
Signed this /,!?� day of�'`'� % 2007, by
X / John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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