HomeMy WebLinkAboutSD-10-18 - Decision - 0000 Quarry Hill Road#SD-10-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOHN LARKIN/RALPH DESLAURIER, JR - QUARRY HILL ROAD
FINAL PLAT APPLICATION #SD-10-18
FINDINGS OF FACT AND DECISION
John Larkin and Ralph Deslauriers, Jr, hereinafter referred to as the applicants, are
seeking to amend a previously approved planned unit development consisting of: 1) five
(5) multi -family dwellings totaling 160 units, 2) a 40 unit congregate housing facility, and
3) a 100 unit assisted living facility. The amendment consists of: 1) altering the grade of
Larkin Parcel #1 by adding fill, 2) modifying the overall lighting plan, 3) modifying utility
cabinet location, and 4) relocating a recreation path easement, Quarry Hill Road. The
Development Review Board held public hearings on June 15, 2010, July 6, 2010, July
20, 2010, August 17 2010, and September 7, 2010. Skip McClellan 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 applicants are seeking to amend a previously approved planned unit
development consisting of: 1) five (5) multi -family dwellings totaling 160 units, 2) a 40
unit congregate housing facility, and 3) a 100 unit assisted living facility. The amendment
consists of: 1) altering the grade of Larkin Parcel #1 by adding fill, 2) modifying the
overall lighting plan, 3) modifying utility cabinet location, and 4) relocating a recreation
path easement, Quarry Hill Road.
2. The owners of record of the subject property are John Larkin and Cupola Golf Course.
3. The subject property is located in the Commercial 1 — Residential 12 (Cl -R12) Zoning
District, Residential 12 (R12) Zoning District, and Residential 7 (R7) Zoning District.
4. The plans submitted consist of a ten (10) page set of plans, page one (1) entitled,
"Quarry Hill Subdivision South Burlington Vermont", prepared by Llewellyn -Howley, Inc,
dated 10/25/07, last revised on 7/6/10".
5. The applicant installed several utility cabinets on the property without City approval.
The applicant then submitted an application which included these utility cabinets. At
present time, these cabinets have been installed less than 5 feet from the road right-of-
way. The South Burlington Land Development Regulations (SBLDR) state that no
structures shall be permitted closer than 5 feet to any property line, nor shall the Board
have the authority to waive any setback requirement to less than five feet. The applicant
spoke with the Director of Planning and Zoning and the Director of Public Works and has
subsequently proposed to reduce the right-of-way width of the road to 55 feet, such that
the cabinets will be at least 5 or more feet from the new property line.
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6. The applicant is proposing to locate utility cabinets as close as five feet from the
property line. Pursuant to Section 13.18 of the SBLDR, "utility cabinets shall respect the
front yard setback requirements for the zone in which they are located. However, the
Development Review Board may reduce the required setback upon determination that
such a reduction would not materially affect the maintenance of public rights -of -way."
7. Furthermore, staff has raised concerns about the location of one of the utility cabinets,
labeled as "Fairpoint Vault and Pad", and located near the southeast of the property.
This location is uphill from the egress of a parking area. The Board will require
assurance that this utility cabinet location will not impair visibility of exiting drivers,
especially such that it will not screen or obstruct bicyclists and pedestrians from the view
of exiting vehicles. The Director of Public Works concurs and has asked the applicant's
engineer to issue a letter of their professional opinion on the matter. The applicant
provided a letter dated 8/16/10 from Lance Llewleyn indicating that there is adequate
sight distance for a cyclist traveling 20 mph to stop at the Larkin Parcel #2 intersection.
8. The stopping distance for a cyclist approaching the parking lot exit for QHC Lot #2 is
inadequate for 20 mph. The applicant will remedy this situation by moving the parking
area entry 65 feet to the north.
9. The Public Works Director/City Engineer in an email dated 8/20/10 to Staff has
recommended against installing signs along the recreation path warning cyclists
approaching an intersection with a driveway and requiring them to stop. The Recreation
Path Committee concurs with his recommendation.
10. The applicant is proposing a very slight jog to the recreation path easement where it
meets Quarry Hill Road. The South Burlington Recreation Path Committee has reviewed
this and voiced approval.
11. The applicant has made minor changes to the proposed lighting plan. Staff sees no
problems with the proposed lighting plan.
12. The applicant is proposing to add fill to another parcel on the PUD, from the sites
which are currently under construction. Below are the standards for this fill:
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 plan submitted by the applicant shows the location and the new grade of the
additional fill.
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(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 applicant has noted that this fill will be permanent until such time as the
subject lots are to be constructed. For this reason, no time limit on the placement
of the fill is necessary.
(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 fill should be graded and seeded with appropriate measures, to the
satisfaction of the City Stormwater Superintendent.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement is not 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.
DECISION
Motion by `4„ nn /J �- � �� !J ,seconded by Fo(;-V
to approve Final Plat Appllcakion #SD-10-18 of John Larkin and Ralph
DesLauriers, Jr., 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 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 recording the final
plat plan.
a. The survey plat (sheet 2) shall be revised to include the seal and
signature of the licensed land surveyor.
b. The landscaping plans for the utility cabinets shall be revised to include
suitable fencing around each of the utility cabinets which shall include a fence
detail, which shall exclude open loops for the proposed chain link fence.
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c. The cover sheet shall be revised to reflect the changes shown on the
other sheets (more specifically the changed location of the parking area).
4. The applicant shall obtain a zoning permit for the utility cabinets and the fill
placement within six (6) months from the date of this approval or this approval is
null and void.
5. Prior to the issuance of a zoning permit for the utility cabinets, the applicant
shall record all appropriate legal documents for the revised public road width and
recreation path easement location which has been submitted to the City Attorney
for approval.
6. The Board approves a 25 foot setback waiver for the utility cabinets.
7. The pre -construction height for future development on the lot to be filled will be
the existing grade.
8. The fill shall be seeded to the satisfaction of the South Burlington Stormwater
Superintendent.
9. Any changes to the final plat plan shall require approval of the South
Burlington Development Review Board.
10. The final plat plan (sheet 2 — 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 —&.nay/abstain/not present
Matthew Birmingham —nay/abstain/not present
John Dinklage -(y�/nay/abstain/not present
Roger Farley — e nay/abstain/not present
Eric Knudsen — yea/na /abstai not resen
Gayle Quimbbye
e na /abstain/not present
Bill Stuono nay/abstain/not present
Motion carried by a vote of
Signed this V day of 2010, by
� J
John Dinklage,C a rinan
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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 $250.00. 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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