HomeMy WebLinkAboutSD-11-45 - Decision - 0000 National Guard Avenue#SD-11-45
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
VERMONT AIR NATIONAL GUARD - NATIONAL GUARD AVE
FINAL PLAT APPLICATION #SD-11-45
FINDINGS OF FACT AND DECISION
The Vermont National Guard, hereinafter referred to as the applicant, is seeking final plat
approval to relocate National Guard Avenue resulting in the creation of two (2) lots of 12.04
acres (lot#1) and 31.8 acres (lot#2), National Guard Avenue.
The Development Review Board held a public hearing on January 17, 2012. Scott Homsted
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 Vermont National Guard, hereinafter referred to as the applicant, is seeking final plat
approval to relocate National Guard Avenue resulting in the creation of two (2) lots of 12.04
acres (lot#1) and 31.8 acres (lot#2), National Guard Avenue.
2. The owner of record of the subject property is the City of Burlington.
3. The application was received on December 15, 2011.
4. The subject property is located in the Industrial Commercial Zoning District.
5. The plans submitted consist of a 10 (ten) page set of plans, page one (1) entitled "Final Plat
Lands Owned by the City of Burlington, Located North and East of National Guard Road
National Guard Avenue South Burlington, VT", prepared by Krebs & Lansing Consulting
Engineers, dated April 14, 2011.
SUBDIVISION STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall
comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
As there are no new buildings proposed, this criterion is not applicable.
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Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties.
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.
The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
The City Engineer & Director of Public Works, Justin Rabidoux, has stated (in an email dated June
3, 2011) that:
Public Works staff has been involved with this project for over 6 months and have commented
on its design throughout. The submitted plans meet with our approval.
The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features on
the site.
The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in
which it is located.
Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
The Board has no issues with this
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent landowners.
Newly installed utility lines, services, and service modifications shall be underground.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
As already stated, the Director of Public Works has stated his approval of the plans
The project's design respects and will provide suitable protection to wetlands.
The Board has no concerns regarding this.
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DECISION
Motion by Bill Stuono, seconded by Tim Barritt, to approve Final Plat Application #SD-11-45 of
Vermont Air National Guard 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 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.
4. Newly installed utility lines, services, and service modifications shall be underground.
5. In accordance with Section 15.14 of the South Burlington Land Development Regulations,
within 14 days of completion of required improvements (e.g. roads, water mains, sanitary
sewers, storm drains, etc) the developer shall submit to the City Engineer, "as built'
construction drawings certified by a licensed engineer.
6. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall submit a
Certificate of Title showing the ownership of all property and easements to be dedicated or
acquired by the City to be approved by the City Attorney prior to recording the mylar.
7. Prior to start of utility or road construction, all appropriate legal documents including easements
(e.g. irrevocable offer of dedication and warranty deed for proposed public road, and utility,
sewer, water, recreation path, etc) shall be submitted to the City Attorney for approval and
recorded in the South Burlington land records.
8. Prior to start of construction of the improvements described in condition #7 above, the applicant
shall post a bond which covers the cost of said improvements, the amount of which must be
approved by the City Engineer.
9. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
10. The final plat plan (survey plat) 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. Prior to recording the final plat plan, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of the
South Burlington GIS Coordinator.
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Tim Barritt— yla/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — yga/nay/abstain/not present
Joe Randazzo— yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 5 — 0 — 0
Signed this 19th day of January 2012, by
Digitally signed by Mark C. Behr
Mark C • B ` h r Arc cn=Mark oBehr, iI Richard hb Behr
Architect P.C, ou, email=mark@rhb com, c=US
Date: 2012.01.19 11:47:48-05'00'
Mark Behr, Chairman
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://vermontoudicia[y.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.
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