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Home My WebLink AboutAO-01-0000 - Supplemental - 1110 Shelburne RoadCITY OF SOUTH BU LINGTOtN DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMON'T 05403 (802) 846-4106 FAX (802) 846-4101 September 6, 200I David Killary S.B. Collins, Inc. P.O. Box 671 St. Albans, Vermont 05478 Re: Sign Appeal - iiio Shelburne Road Dear Mr. Killary: Enclosed please find a copy of the minutes of the Development Review Board meeting of August 7, 2001. If you have any further questions, please feel free to give me a call. S incerely, Raymond J. Belair Administrative Officer Encl./td CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, `IERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 22, 200I David Killary S.B. Collins, Inc. P.O. Box 671 St. Albans, Vermont 054.78 Re: Sign Appeal - iYto Shelburne Road Dear Mr. Killary: Enclosed is a copy of the Development Review Board's decision on your appeal of a sign denial heard at their August 7, 2001 meeting. If you have any further questions, please feel free to let me know. Sincerely, Raymond J. Belair Administrative Officer Encl./td DEVELOPMENT REVIEW BOARD 7 AUGUST 2001 PAGE 3 Mr. Owen said that thinning the pines from a forest weakens what's left. Since the area is already weakened by the ice storm he doubted they would save 70% of the trees. He also noted this is the last decent stand of pine trees in the area. He felt the city and the developer did a good deal in the beginning with 296 lots, but he felt what's happened since is bad for the city and wasn't fair to people who had supported the original plan believing it would save much of that area for open space. Mr. Owen also said this would change the playability of the golf course as this is the last "private hole" on the course. Ms. Ambusk said she found the process confusing. She followed the golf course project closely and thought there was an understanding that only a certain number of homes would be built. Now she finds that's not true, and the developer can come in again and again and get more and more until they're at maximum density. She asked the Board not to let this happen till there is some kind of comfort level. Ms. Smith said you need to be somewhere where you don't see houses, and from most places you can't see the Green Mountains anymore. She added that the golf course was sold to the city as open space, and you can't even see the open space any more. Mr. Cameron noted that with this project and future plans the total number of homes is 342 as opposed to the original 240. He asked if the Board has the ability to bind the developer to a maximum density. Mr. Belair said they can if the developer agrees to it. Mr. Dinklage felt this would be the point to begin such an understanding. Mr. Kay said the DRB can deed restrict the rest of the golf course. Mr. Dinklage said that because there was no master plan, the dilemma is to find a way to reach a satisfactory number that won't land the city in court. Members agreed they wanted to walk this area and agreed to do it next Tuesday, 6 p.m. Mr. Belair said the private road would have to be widened from 16' to 18'. Mr. Marshall said that was OK. Mr. Farley then moved to continue the hearing to 4 September for the purpose of a site walk and to allow the Board and staff to think about the testimony. 5. Public Hearing: Appeal of decision of the Code Officer pursuant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN-01-25 of S.B. Collins, Inc. The permit was denied because the proposed free-standing sign exceeds the size limitation of 32 sq. ft., 1110 Shelburne Road: Mr. Belair said S.B. Collins applied for a free-standing sign permit for a gas station at Baldwin Ave/Shelburne Rd. The size limit is 32 sq. ft. and must include the brick structure that holds the sign. The proposed sign exceeded the size limit. David Killary, representing the appellant, showed a photo of the proposed sign. It is 30.375 sq. ft., not counting the brick structure. It was approved by the ZBA some years ago. Mr. Killary felt the brick structure should not be included in the calculation or you'd have to count a wall for a wall sign or a canopy for a canopy sign. Mr. Belair said there are 2 kinds of signs: wall and free-standing. This is a free-standing sign and must include the square footage of the whole thing. Mr. Cameron asked if this kind of sign is consistently being denied. Mr. Belair said it has been since he became code officer. DEVELOPMENT REVIEW BOARD 7 AUGUST 2001 PAGE 4 Ms. Quimby moved that the Development Review Board uphold the Code Officer's decision to deny sign permit application #SN-01-25 of S. B. Collins, Inc., on the basis that the proposed free-standing sign exceeded the maximum sign limitation of 32 sq. ft. Mr. Kupferman seconded. Motion passed unanimously. 6. Public Bearing: Preliminary Plat Application #SD-01-36 and Final Plat Application #SD-01-37 of Robert and Marjorie Skiff to subdivide a 12.85 acre property into three lots of 7.54 acres (lot 1), 3.13 acres (lot 2) and 2.11 acres (lot 3), 89 Springhouse Road: Mr. Collins said the applicant would like to sell the existing house and build a house on lot #2. They would also sell lot #3. The existing house is presently served by a private road and is on public water and sewer. The 2 new lots would hook onto public utilities. Mr. Dinklage addressed staff comments. He noted the road would have to be built to city standards to a point where it serves the first 3 driveways. Mr. Lamoureaux said they suggest an 18 ft. road with a turn- around. Mr. Belair noted the City Engineer suggested this, but planning staff does not agree. He noted that 4 or more homes require a public road. Mr. Collins said there was an agreement to waive that at Sketch Plan. Mr. Dinklage said the problem is that down the line residents ask the city to take over these roads and they are hard to maintain if not built to city standards. Mr. Belair said another issue is increasing the size of the sewer line. Mr. Lamoureaux said they would sprinkler the new homes but not the existing one. Mr. Belair said the road would have to be built to city standards even if it is not a public road. Mr. Collins said they had not wanted to pave it. They want to keep it as much the same as possible. Residents want it unpaved. Mr. Cameron said he would not mind if it is iron -clad that it stays this way forever. He suggested the road be 18 ft., to the City Engineer's standards, with a solid base, and with covenants that if the residents want the road maintained by the city, they would have to bring it up to city standards. Mr. Dinklage said he could support that. Mr. Belair said he would want an opinion from the City Attorney. It was noted that the sewer line would have to be 8". Mr. Lamoureaux said they propose 6" which is plenty for these homes. The line would go to a 6" connection to a manhole. Mr. Collins noted this is a privately maintained line. Mr. Belair said the city does not want a line serving 2 or more structures to be private. A neighbor said he would not want the proposed drive heading straight toward their front door and asked that it be on more of a slant. Members wanted to continue the hearing to get more information about the sewer issue. Mr. Kupferman moved to continue to 18 September. Ms. Quimby seconded. Motion passed. 7. Public Bearing: Application #CU-01-28 of Keith Bally and Tatum Brackett seeking approval from Section 26.05 Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission to allow an accessory residential unit, 22 Wright Court: DEVELOPMEN7 REVIEW BOARD MEMO August 7, 2001 MEETING Lot size/frontage: The minimum lot size requirement is being met for all proposed lots. It appears that lots #4, #5, #6 and lot#9 do not meet the minimum frontage requirements. The applicant should formally request waivers for these lots at final plat. Road standards: The applicant is proposing a 24 foot wide paved road in place of the 30 foot requirement. The applicant is also requesting an 18 foot wide paved private road in place of a 24 foot requirement. Staff has no problem granting these waivers under Section 513.1 of the Subdivision Regulations. Traffic: An update to the traffic study for the golf course was submitted (see enclosed). This report has been forwarded to the MPO for review. Staff recommendations will be available for final plat. Staff will also review the study against prior permit, road, and traffic conditions for the project. Sewer: The applicant has requested a sewer allocation of 4,800 g.p.d. The applicant should expect to pay the per gallon fee prior to permit issuance. Landscaping The applicant is requesting a waiver from Section 412.4 of the Subdivision Regulations that require two street trees be planted for each lot created. Staff recommends that this waiver not be granted and that the applicant should be required to revise the plans to illustrate at least two street trees per lot. A landscaping schedule also must be submitted. Lighting: The applicant has proposed one (1) metal halide, 70 watt street light not to exceed 20 feet in height. The Director of Planning and Zoning has reviewed the proposed light and found it to be acceptable. Any changes to the proposed street light should be approved by the Director. Impact fees: The applicant should expect to pay road, recreation, school, fire, and all other applicable impact fees. 5)S.B. COLLINS, INC.—CODE OFFICE APPEAL —DENIAL. OF SIGN PERM [T, 1110 SHELBURNE ROAD This is an appeal of a decision of the Code Officer pursuant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN-01-25 of S.B. Collins, Inc for a location at 1110 Shelburne Road. This permit was denied because the proposed free-standing sign exceeds the size limitation of 32 square feet. The appellant has contended that the cladding of the sign should not be taken into account in determining the overall size of the sign. The Administrative Officer's prior actions and the Planning Commission have already set the precedent that the cladding of a sign should be taken into account when determining overall sign dimensions (see enclosed minutes of June 12, 2001). The Sign Ordinance was also recently revised to provide for clarification. Its definition of "Area of Sign" under Section 3(c) (2) now reads "for signs other than cut-out letters, W SIDE VE10PMENT RE VHW BARD MEMO August 7, 2001 MEETING the area shall be computed by taking the total area of the facing or the total area within the outer edge of any existing border of the sign. Section 8(d) (1) states "A freestanding sign which is located on a lot of less than 40,000 square feet shall not exceed 32 square feet in overall dimensions, including cladding". 6) SKIFF —PRELIMIANRY & FINAL FLAT APPLICATIONS — THREE LOT SUBDIVISION, SPRINGH®USE RAID This project consists of subdividing a 12.85 acre property into three (3) lots of 7.54 acres (lot 1), 3.13 acres (lot 2), and 2.11 acres (lot 3), 89 Springhouse Road. The Development Review Board considered the sketch plan application for this property at their March 6, 2001 meeting (minutes enclosed). This property is located within the Southeast Quadrant Zoning District. It is bounded on the north by Swift Street and two single family dwellings, on the west by an undeveloped lot, and on the south and east by single family dwellings. Access: Access to this property is currently provided by a 30 wide foot private r.o.w. from Swift Street known as Springhouse Road. The applicant has proposed using this r.o.w. and extending the road, with a width of 15 feet, to serve one of the new lots. This private r.o.w. currently provides access to three existing single family dwellings. It is required by the Subdivision Regulations that roadways serving four (4) or more separate residential lots shall be publicly owned. The applicant will request a waiver from this requirement. Staff recommends that Springhouse Road be constructed to City standards for a public street as required in Section 401.10) (1) (a) of the Subdivision Regulations at least to the point where the street services the first three driveways. Staff recommends that the request for a waiver of sidewalks and street lighting be granted. Coverage/Setbacks: The building footprints are depicted on the plans. All appear to meet setback requirements from the proposed new property lines. Lot size/frontage: The minimum lot size requirement of 12,000 square feet and the minimum frontage requirement of 85 feet are being met. Restricted area: The plans illustrate the building envelopes, development area, and restricted area. No development is proposed in the restricted area. Portions of lots #1, #2, and #3 will be located in a restricted area. Section 6.502 of the Zoning Regulations prohibits land located within a designated restricted area to be included in any lot created for residential development. This section does allow the Board to approve portions of lots in a restricted area with the recording or a notice of appropriate conditions. The applicant has requested a waiver from this requirement under Section 6.606 of the Zoning Regulations and has submitted a report addressing the criteria of this waiver (see enclosed). Sewer: The applicant has requested a sewer allocation of 2,010 g.p.d. The applicant should expect to pay the per gallon fee. 3 & ZONTINC 7 5 F DORS F. - STREET OUT11 13U'RILIN(3TON, VERNIGN-FiR540143 08021),' 6-4 1.06 EA,X OS021';S464 10 1 Permit Number SN- -C-11 - Applicair ,fCyr Permanent Sign Permit I ) OVVNER�� IZECORU') (Narne as Tow n on de-"d-maifilng, address, phone I , 1"F'r-, 2-,� '; 1) AfTLICANT iName, mailing address, phone and fax 3) SIGN LOCA"FION (include business name, address, & phone 4"1: —J 4) TAX PARCLI, ID .4 (can be obtained at assessor's Office) and ax 55" SIGN FRFCTOR (Name, rnallini-, address. phone and flax Ln -71 Si ....... .. .... ............. . . .. . ............... -- ....... ... - 61) DA'TE OFERECI-ION ....... ... ..... .... . ........... 7) SION r)ATA - - -- - -------------- - ---- - -- - -------------- ------------------- I ........... . . .......... WALL `eft ]NS dist. size in sq. R. iflununation., & type FREE-STANDING SJUN such as ptwel or c it -out letter�, T -- - --------------- . ...... .. .. -- ...... - -------- L1�1 S 0 SIGNAII.B.11-E ALL AIR -\,,0TE Asc� lerl �, rsuar ofeach ot.-ew-h sian. ,S,) DATIE OF DESKiNi� 9") Aroll ca n f S j I 141t`ur4�:' I 17 15' OVERALL 1-lEJGf-*fF:,. TYPE OF UAIWIINATION: siun atust hesubmittedfills stmting ttiec r�ic>r-)f thij >s— and 10-1 Siture o'- L-and;Buddina Owner - I � 1 1 '- k Donot wriae- below this fine Apphc4lt' Lie", ki Approve" 'ode f ttle =MM fit 411 VI-C, IfT C � Coln - n-2- GEC \7o 'Jcl� ----1 - 11 OG�� , D kill I 0 C) <f- cr- ,j Ix U.. < < 00 00 00 2 z 0 44 i3OV-D 0 oI- No Text CIrI-Y OF SOUTH BURLINPTO N f)I--'PNIfFMFNT OF PLANNING 8z ZONING -7 5 1-7) DORSET STREET SOL-7111 BLt RLENG NIT, 3TON'. VE'WN40. - 05403 GSQ-)) 846-4106 RAI (802) 8465-4 10 1. June 11. 200 1 David Killary S. B. Collins, Inc. P.O. Box 671 St. Albans. Vermont 05478 Re: 1110 Shelburne Road sign n,--;qi Dear.Wr- Killary: 'This is in -egards to sign permit application 4SN-0 1 -25. This application is for the installation of two (2) wail signs and one (1) free-standing sign. (see enclosed). Please be advised that this application has been denied 1.-)ecause the free-standing sign excf-ClIs the size limitation of 40square fieej. Your application identities that the sign is 30.3'775 square feet. In a phone conversation you indicated that this number did not include the -square footage of the :structure holding up the sign. You indicated that if the areaof the brick structure was Included, the sign would exceed the 40 square foot limitation. It is on this basis that I deny your application. This decision may be appealed pursuant to Section 29 of the sign ordinance (.copy enclosed). The fee for the appeal i.sS85.00. If you have any questions. please g I give me a call F6, mond J. Belair Administrative Officer PUBLIC HEARING SOUTH BURL!NGTCN DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a pub- lic hearing at the South Burlington City Hail, Conference Room, 575 Dorset Street, . South Burling- ton, Vermont on Tues- day, August 7, 2001, at 7:30 P.M. to con- sider the following: 1. Application #CU-01- 28 of Keith. Bailey and Tatum Brackett seek- ing approval from Section 26.05, Condl- tional Uses, and Sec- tion 26.75 Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permis- sion to allow an ac- cessory residential unit, 22 Wright Court. 2. Application #M.S- 01-04 of Kenneth Horseman seeking approval from Section 26.0.5, Conditional Uses; and Section 25.118, Exceptions to Yard Setback and Lot Coverage Require- ments, of the South Burlington Zoning Regulations. Request is for permission to allow a roof over existing steps and entry to encroach into the required front yard setback by four [41 feet, 3 Jonathan Avenue. 3. Appeal of a deci- sion of the Code Offi- cer pursuant to Sec- tion 29 of the South Burlington Sign Ordi- nance: denyingsign permit application #SN-01-25 of S.S. Col- lins, Inc. This permit was denied because. the proposed free- standing sign ex- ceeds the size limita- tion of 32. square feet, 1110 Shelburne Road. 4. Preliminary plat ap- plication #S'D-01-36 and final plat applica- tion #SD-01-37 of Robert & Mar'orie Skiff to subdivide a 12.85 acre property into three, (3] lots of 7.54 acres [hoot 1];. 3.13 acres [lot 2], and 2.11 acres [lot 3.1, 89 Springhouse Road. 5. Final plat applica- tion #SD-01-3.9 of Gardner & Son Devel- opment Corp. to amend a previously approved 11 unit planned residential development. The amendment consists of revising the land- scaping plan, East Birch Lane. i 6. Preliminary plat ap- piication #SD-01-42 of R & L Taft Building, Inc. to amend a planned residential development consis- ting of 296 residential units. and an 18 hole golf course. The amendment consists of subdividing 10 lots off from Golf Course Road with access with between lots #86 and 87. Copies of the applica- tion are available for public inspection at the South Burlington City Halt: John Dinklage, Chair- man South Burlington De- velopment' Review Board .. July, 21; 2001' August 7, 200I MOTION TO UPHOLD CODE OFFICER'S DECISION I move the South Burlington Development Review Board uphold the Code Officer's decision to deny sign permit application #SN-or-25 of S.B. Collins, Inc. on the basis that the proposed free-standing sign exceeded the maximum sign limitation of 32 square feet. 44 I �� .._ � s. � � , to � w.� ,'w . �i, .�, � . .r�� . J h ti �. it. V' ` ��,i��' 1 x 1'. ,� R �� il�h � � I�r �-� S � , � i. US,2- �" � c �S U,.s2 `.. I _Self Cash or Credft Regular lm63-0- -=—Wffm� ci =-al-1 1.719 Cl. A __t,_ /_Y7 ��L��s�-�.� �� Q,,; -� ,, � Ste, �� . CITY OF SOUTH BURLINGTON DEPARTMENT OF PI ANNE'14G & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 3, 2001 David Killary S.B. Collins, Inc. 54 Lower Welden Street P.O. Box 671 St. Albans, Vermont 05478 Re: Appeal of sign denial, 1110 Shelburne Road Dear Mr. Killary: Enclosed is the agenda for next Tuesday's Development Review Committee meeting and my comments. Please be sure that someone is at the meeting on Tuesday, August 7, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Sarah MacCallum Associate Planner SM/td Encls. CAMarie\My Documents\@DRB Reminder Form 6.1.01.doc Id CITY OF SOUTH 1BURLING` ON DEPARTMENT OF PLANNING & ZONENTG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 546-4106 FAX (802) 546-4101 July 23, 2001 Vermont National Bank 1117 Shelburne Road South Burlington, Vermont 05403 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Sarah H. MacCallum Associate Planner CITY OF SOUTH BURLING TON DEPARTMENT OF PI ATE N E14G & ZONING 575 DORSET STREET SOUTH BURLINGTON, VEF3MONT 05403 (802) 846-4106 FAX (802) 846-4101 July 23, 2001 Ms. Sue Spillane 1116 Shelburne Road South Burlington, Vermont 05403 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would development, or attend the hearing. Sincerely, like to know more you may call this scheduled public Sarah H. MacCallum Associate Planner Encl/td about the proposed office at 846-4106 CITY OF SOUTH BURLINGTON 'DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 23, 2001 McGill/Clement 3 Baldwin Avenue South Burlington, Vermont 05403 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Sarah H. MacCallum Associate Planner Encl/td JUNE 14, 2001 MR RAY BELAIR CITY OF SO. BURLINGTON DEPT. OF PLANNING AND ZONING 575 DORSET ST. SO. BURLINGTON, VT 05403 DEAR RAY, SBCollins,inc. 54 Lower Welden Street PO: Box 671 St. Albans, Vermont 05478 802 527-011 G ■ 893-7744 Fax 527-0115 � 6-, 0 1 -( � PLEASE ALLOW THIS LETTER TO SERVE NOTICE THAT S.B. COLLINS, INC. IS APPEALING THE PLANNING AND ZONING DEPT. DENIAL OF SIGN APPLICATION # SN-01-25 AND SPECIFICALLY THE FREE STANDING SIGN. ENCLOSED IS THE APPEAL FEE OF $85.00. S RELY, DAVID F. KILI Y S.B. COLLINS, INC. Distributor of Petroleum Products