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Home My WebLink AboutCU-12-05 - Decision - 1195 Shelburne Road#CU-12-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DAVID FARRELL -1195 SHELBURNE ROAD CONDITIONAL USE APPLICATION #CU-12-05 FINDINGS OF FACT AND DECISION David Farrell, hereafter referred to as the applicant, is seeking conditional use approval for a project described as the stabilization of shoreline to include a new stone retaining wall and the repair of an existing section of wall, 1195 Shelburne Road. The Development Review Board held a public hearing on September 18th, 2012 and October 2, 2012. The Board also conducted a site visit on September 20th, 2012. Steve Vock 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 conditional use approval for a project described as the stabilization of shoreline to include a new stone retaining wall and the repair of an existing section of wall, 1195 Shelburne Road. 2. The application was received on August 17 2012. 3. The owner of record of the subject property is David Farrell. 4. The subject property is located in the R-1 Lakeview Zoning District and the Floodplain Overlay District. 5. The plan submitted consists of a one (1) plan, entitled, "Shoreline Stabilization Plan Shelburn (sic) Road South Burlington Vermont Bank Stabilization Plan", prepared by Civil Engineering Associates, Inc., dated Aug. 2012. Table 1. Dimensional Requirements R-1 Lakeview Zoning District Re uiredE Pro osed Min. Lot Size 14,000 SF 405,979 SF Max. Building Coverage 15 % < 15 % Max. Overall Coverage 25 % < 25 % Min. Front Setback 50 ft. > 50 ft. Min. Side Setback 25 ft. > 25 ft. Min. Rear Setback 30 ft. > 30 ft. Zoning Compliance CONDITIONAL USE CRITERIA ♦ Zoning Non- Compliance l CAUsers\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc #CU-12-05 Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The proposed conditional use shall not result in an undue adverse effect on any of the following: (a) The capacity of existing or planned community facilities. The proposal does not adversely affect the capacity of municipal or educational facilities. (b) The character of the area affected, as defined by the purposes or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The proposal does not adversely affect the character of zoning district. (c) Traffic on roads and highways in the vicinity. The proposed measures will have no affect traffic on roads or highways in the vicinity. (d) Bylaws and ordinances then in effect Due to its location, --within the Floodplain Overlay (Zones A, AE, and Al-30) Sub -district and within one hundred and fifty (150) feet horizontal distance of the high water elevation of Lake Champlain --- the proposed project is subject to the following sections of the South Burlington Land Development Regulations, namely: Section 10.01 Floodplain Overlay District Section 12.01 General Stream and Surface Water Surface Protection Standards 10.01. F. Floodplain Overlay (Zones A, AE, and A1-30) Sub -district (e) Conditional Uses. The following uses are allowed in the Floodplain Overlay (Zones A, AE, and Al-30) Sub -district as conditional uses subject to approval by the Development Review Board in accordance with the provisions of this Section 10.01 and Table C-2, Dimensional Standards. (i) Substantial improvement, elevation, relocation, or flood proofing of existing structures; (ii) Accessory structures; (iii) New or replacement storage tanks for existing structures; (iv) Grading, excavation; or the creation of a pond; (v) Improvements to existing roads; (vi) Bridges, culverts, channel management activities, or public projects which are functionally dependent on stream access or stream crossing; (vii) Public utilities. 2 C:\Users\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc #CU-12-05 The proposed project is considered flood proofing as defined in Article 2.03 Definitions for Flood Hazard Purposes of the Land Development Regulations: (A)ny combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (2) Area, Density and Dimensional Requirements. In the Floodplain Overlay (Zones A, AE, and AI-30) Sub -district, all structures shall be subject to the area, density and dimensional requirements of the Residential I District as set forth in Section 4.01 and Table C-2, Dimensional Standards of these regulations. (3) Additional Standards. (a) No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. The Board finds that this criterion is not applicable as there is no regulatory floodway within Lake Champlain. (b) Within the Floodplain Overlay (Zones A, AE, and AI-30) Sub -district, excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table, interfere with natural flow patterns, or reduce flood storage capacity. (c) All development allowed as Conditional Uses pursuant to Section 10.01(F)(1)(e) above shall meet the following additional standards: (1) All development shall be reasonably safe from flooding, as determined by compliance with the specific standards of this subsection. (ii) All development shall be designed (I) to minimize flood damage to the proposed development and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to flood hazards. (iii)All development shall be (I) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by methods and practices that minimize flood damage, and (IT9 be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed 3 CAUsers\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc #CU-12-05 and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. The Board finds that these criteria are being met. The proposed retaining wall and shot rock are substantial and extensive. (iv)New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (v) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (vi) The flood carrying capacity within any portion of an altered or relocated watercourse shall be maintained. (vii) Replacement manufactured homes shall be elevated on properly compacted fill such that the top of the fill (pad) under the entire manufactured home is above the base flood elevation. (viii) Structures to be substantially improved in Zones A, AI-30, AE, and AH shall be located such that the lowest floor is at least one (1) foot above base flood elevation; this must be documented, in as -built condition, with a FEMA Elevation Certificate. The Board finds that these criteria are not applicable. (ix) Non-residential structures to be substantiaQv improved shall: (I) Meet the standards in Section 10.01(F) (3) (c) (viii); or, (II) Have the lowest floor, including basement, together with attendant utility and sanitary facilities be designed so that two (2) feet above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; A permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. An occupancy permit for the structure shall not be issued until an "as -built "plan has been submitted and a licensed professional engineer or architect has certified that the structure has been constructed in accordance with accepted standards of practice for meeting the provisions of this subsection. A zoning permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of subsection 10.011. 4 C1Users\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc #CU-12-05 A Certificate of Occupancy for the structure shall not be issued until an "as -built" plan has been submitted and a licensed professional engineer or architect has certified that the structure has been constructed in accordance with accepted standards of practice for meeting the provisions of subsection 10.01.F (x) For all new construction and substantial improvements, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) shall be prohibited. (xi) For all new construction and substantial improvements, fully enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a licensed professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (xii) In Special Flood Hazard Areas where base flood elevations and/or floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it is the applicant's responsibility to develop the necessary data. (xiii) In the AE Zone, where base flood elevations and/or floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than one (I) foot at any point within the community. The demonstration must be supported by technical data that conforms to standard hydraulic engineering principles and certified by a licensed professional engineer. (xiv) All recreational vehicles shall be fully licensed and ready for highway use. (xv) A small accessory structure of 500 square feet or less in gross floor area that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on a building site so as to offer the minimum resistance to the 5 CAUsers\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doe #CU-12-05 flow of floodwaters and shall meet the criteria of subsection (xi) above. The Board finds that these criteria are not applicable. Section 12.01(D) (3) Erosion control measures and water -oriented development along Lake Champlain. Within the area along Lake Champlain defined in Section (D)(1)(a) above, the installation of erosion control measures and water -oriented development may be approved by the DRB as a conditional use provided the following standards are met: (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. The applicant proposes extensive use of shot rock stone and boulders. The Board finds that this criterion is being met. (b) The improvement will not increase the potential for erosion. The proposed project will decrease the potential for erosion at the subject property. The Board finds that this criterion is being met. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. The proposed project will install approximately 500 hundred feet of new retaining wall constructed of large stones along with extensive areas of shot rock. The shot rock is replacing slope which has been severely eroded by storms. The Board finds that this criterion is being met. (d) A landscaping plan showing plans to preserve, maintain, and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The applicant has not proposed any plans in this regard as the property is quite large and heavily wooded. The Board finds that this criterion is being met. Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The Development Review Board in granting conditional use approval may impose conditions of the following: a) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. b) Warning systems, fire controls, and other safeguards. c) Provision for continuous monitoring and reporting. d) Other restrictions as may be necessary to protect public health and safety. 6 CAUsers\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc #CU-12-05 The Board finds that it is not necessary to impose any of the conditions contained in Section 3.13(F) on the proposed project. DECISION Motion by Roger Farley, seconded by Bill Stuono, to approve conditional use application #CU-12-05 of David Farrell, 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. A zoning permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of subsection 10.01.F 5. A Certificate of Occupancy for the structure shall not be issued until an "as -built" plan has been submitted and a licensed professional engineer or architect has certified that the structure has been constructed in accordance with accepted standards of practice for meeting the provisions of subsection 10.01.E 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Roger Farley — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present Michael Sirotkin — yea nay abstain not present Bill Stuono — yea nay abstain not present Motion carried by a vote of 5 — 0 — 0 7 C1Users\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc #CU-12-05 Signed this 22nd day of October 2012, by Digitally signed by Mark C. Behr Mark C. Behr email= ark@rark BehrBeho, c • email=mark@rhbpc.com, c=US Date: 2012.10.22 11:35:25-04'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontoudiciarV.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. 8 C:\Users\Mark\Documents\South Burlington DRB\10.16.12 Meeting Decisions\CU 12 05 1195ShelburneRd Farrell ffd.doc