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HomeMy WebLinkAboutSP-09-39 - Decision - 0201 Patchen Road#SP-09-39 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING QUARRY RIDGE ESTATES HOMEOWNERS' ASSOCIATION - JUNIPER DRIVE SITE PLAN APPLICATION #SP-09-39 FINDINGS OF FACT AND DECISION Quarry Ridge Estates Homeowners' Association, hereafter referred to as the applicant, is seeking site plan approval to upgrade the existing stormwater treatment pond for a 92 unit residential development, Juniper Drive. The Development Review Board held a public hearing on May 19, 2009. Dick Trudell 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 site plan approval to upgrade the existing stormwater treatment pond for a 92 unit residential development, Juniper Drive. 2. The application was received on May 8, 2009. 4. The owner of record of the subject property is The Quarry Ridge Estates Homeowners Association 5. The subject property is located in the Residential 4 Zoning District. 6. The plans submitted consist of a three (3) page set of plans, page one (1) entitled, "Quarry Ridge Estates Juniper Drive South Burlington, VT", prepared by Trudell Consulting Engineers, dated 3/13/09, last revised on 5/18/09. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. I:\Development Review Boa rd\Findings_Decisions\2009\QuarryRidge_SP0939_ffd.doc #SP-09-39 (c) 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. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (e) 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. (t) 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 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 of 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, at this time, there is no need to provide additional accesses. (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. 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. 2 I:\Development Review Boa rd\Findings_Decisions\2009\QuarryRidge_SP0939_ffd.doc #SP-09-39 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 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 new pond and subsequent re -grading on the subject property. 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. This requirement is not 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 to install a stormwater retention structure. The South Burlington Stormwater Superintendent has been working with the applicant to review the plans and has determined that the plans are acceptable (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. This requirement will not be necessary for the subject application. (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. Other: I:\Development Review Board\Findings_Decisions\2009\QuarryRidge_SP0939_ffd.doc #SP-09-39 The South Burlington Stormwater Superintendent has reviewed the plans and found them acceptable. DECISION Motion b C/ l� Q� �wl'✓ seconded b /4,/,��I /� � e to Y Y, approve Site PI n Application #S -09-39 of Quarry Ridge Estates Homeowner Association subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This 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 prior to use of the stormwater treatment system. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr nay/abstain/not present Matthew Birmingha — yea/nay/abstain not present John Dinklage a nay/abstain/not presen Roger Farley ye nay/abstain/not present Eric K=Plumeau-- e ay/abstain/not present Peter ea/nay/abstain not presen Gayle Quimby—/iea'nay/abstain/not present Motion carried by a vote of 5- D - o Signed this LF— day of 2009, by John Dinklage, h irman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). 4 1ADevelopment Review Board\Findings_Decisions\2009\QuarryRidge_SP0939_ffd.doc