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HomeMy WebLinkAboutMS-06-06 - Decision - 0911 Dorset Street#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. - 1 - #MS-06-06 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. -2- #MS-06-06 DECISION y� Motion by A L� (l to seconded by166el r ,PLC V 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 — yqa/nay/abst n/not present Matthew Birmingha — realhay/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 — e nay/abstain/not present Motion carried by a vote of I- 6 - v Signed this L2� day 2006, by J John mklage, 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. -3- #MS-06-06 You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).