HomeMy WebLinkAboutCU-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
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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.
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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
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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.
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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
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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.
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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
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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.
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