HomeMy WebLinkAboutMS-06-06 - Decision - 0000 Ridgewood Drive#MS-06-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
RIDGEWOOD & INDIAN CREEK HOMEOWNER'S ASSOCIATIONS
STORMWATER SYSTEM
MISCELLANEOUS APPLICATION #MS-06-06
FINDINGS OF FACT AND DECISION
Ridgewood & Indian Creek Homeowner's Associations, hereinafter referred to as the
applicants, are seeking miscellaneous approval to alter the existing grades by
constructing three (3) stormwater ponds and the rehabilitation of an existing pond,
Ridgewood Drive and 911 Dorset Street. The Development Review Board held a public
hearing on September 19, 2006. William Conway represented the applicants.
Based on testimony provided at the above mentioned public hearing and the plans and
associated 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 miscellaneous approval to alter the existing grades
by constructing three (3) stormwater ponds and the rehabilitation of an existing
pond, Ridgewood Drive and 911 Dorset Street.
2. The owners of record are the Ridgewood & Indian Creek Homeowner's
Associations.
3. The subject properties are located in Residential 2 (R2) Zoning District.
4. The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Ridgewood/Indian Creek Condominiums South Burlington Vermont",
prepared by Llewellyn -Howley, Inc., dated 6/2/06.
This application shall 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.
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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, containing one (1) sheet showing the removal of the fill
and subsequent regarding 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 three (3) stormwater management ponds.
The South Burlington Stormwater Superintendent has been working with the
applicant to review the plans and will continue to do so. It is sufficient to grant
approval of this application conditional upon the satisfaction of the 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.
Other:
The South Burlington Stormwater Superintendent has been working with the applicant to
review the plans and will continue to do so.
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, tDECISION
(��-� qUIAy�/Motion by �! ,seconded by �X� �i�/�[ to
approve Miscellaneous Application #MS-06-06 of Ridgewood & Indian Creek
Homeowners Associations, 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 & Zoning.
3. The applicant must comply with all requests of the South Burlington Stormwater
Superintendent and shall meet with his approval prior to the issuance of a zoning
permit.
4. 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.
5. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the newly constructed stormwater
ponds.
6. Any change to the plan shall require approval by the South Burlington
Development Review Board.
Mark Behr — &/nay/abst n/not present
Matthew Birmingha
— enay/abstain/not present
John Dinklage a
ay/abstain/not present
Roger Farley — e
nay/abstain/not present
Eric Knudsen — e
ay/abstain/not present
Peter Plumeau —
nay/abstain/not present
Gayle Quimby — ea nay/abstain/not present
Motion carried by a vote of
Signed this �� day 2006, by
John inklage, 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.
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You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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