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Home My WebLink AboutSD-11-19 - Decision - 0000 National Guard Avenue#SD-11-19 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING VERMONT AIR NATIONAL GUARD — NATIONAL GUARD AVE FINAL PLAT APPLICATION #SD-11-19 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 June 7, 2011.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 April 19, 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. S UBDI VISION 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. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\6.7.11 Meeting Decisions\SD 11 19 NationalGuardAve ffd.doc #SD-11-19 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 districts) 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 raised no issues with the application's adherence to this criterion at the sketch plan review. Roads, recreation paths, storm water 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 projeet's design respects and will provide suitable protection to wetlands The Board raised no issues with the application's adherence to this criterion at the sketch plan review. 2 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\6.7.11 Meeting Decisions\SD 11 19 NationalGuardAve ffd.doc i #SD-11-19 DECISION Motion by Gavle Quimby, seconded by John Dinklage, to approve Final Plat Application #SD-11-19 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. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\6.7.11 Meeting Decisions\SD 11 19 NationalGuardAve ffd.doc f" C #SD-11-19 Gayle Quimby — 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 6 — 0 — 0 Signed this 8th day of June 2011, by Digitally signed by Mark C. Behr DN: cn=Mark C. Behr, o=Richard Henry Mark C. Behr Behr Architect P.C., ou, email=mark@rhbpc.com, c=US Date: 2011.06.0814:57:57-04'00' 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://vennontiudiciM.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. 4 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington ORB\6.7.11 Meeting Decisions\SD 11 19 NationalGuardAve ffd.doc