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HomeMy WebLinkAboutIZ-90-0000 - Decision - 1570 Spear Street1 tc .__ __ 1 .- — -' k=l ill .J .Y a -. - 1 -r - . I . - ` ._ _- . . - - - CITY_ COUNCIL CITY OF SOUTH BURLINGTON IN RE: APPLICATION;OF IBIS CORPORATION This matter came before the South Burlington City Council pursuant to the provisions of 24 V.S.A. Section 4410(d) on the application of IBIS Corporation, hereinafter "Applicant", for approval to construct single family residences on Lots 2 and 3 on a plan entitled "Final Plat, IBIS Corporation, South Burlington, Vermont," dated December 18, 1986a The proposed residences fail to comply with the ".Interim Zoning Regulations" adopted by the Council on April 17, 1589. The City Council conducted public hearings on this application on July 2, 9 and 23 and August 6, 13, 1990. The president of IBIS Corporation, Frederick Moulton, was present at some of these hearings and was represented at all of the hearings by Atto.ney Mary Kehoe. Based upon the evidence submitted at the hearings mentioned above, and the site visit conducted by the Council on August 14, 1990, the Council hereby renders the following decision on this application: 1 C1 Fd Lindings of Fact 1. IBIS Corporation is the owner of the property which is the subject of this application which is commonly known as 1570 Spear Street. This property consists of Lots 1, 2 and 3 and a proposed so foot wide right of way proposed for city street purposes, all as shown on the above referenced plan. 2. The subject property is lor_ated on the easterly side Of Spear Street, so-called. By its application, IBIS Corporation seeks approval to construct single family residences within the building envelopes located on Lots 2 and 3 of the above -referenced plan. 3. The height and dimensions of the proposed buildings are specified in a Memorandum submitted in support of this request dated July 23, 1990 and signed by Mary p. Kehoe, attached to this Decision as Exhibit A. The structures will be connected to municipal sewer in accordance with the approximate design specifications set forth in a Letter from Kevin M. Dragon Of Trudell Consulting Engineers, Inc., to Mary Kehoe, dated July 181 1990, attached to this Decision as Exhibit B. Conclusions The Interim Zoning Regulations p_-Oh-,bit the construction of new structures. Since the applicant proposes to construct two new residences, the proposed construction fails to comply with the Interim Zoning Regulations. For this reason the Council must review and approve the proposed construction under the provisions of 24 V.S.A. Section 4410(d) and (e). 2 D :E C — 1 7 — 'E� 0 Y•l O ha 1 4 : -1 5 o T I T z I.- L- k�l r " L. r_ , rr . t. _ r _ _ -Y 1. 24 V.S.A. Section 4410(e)(1) requires this Council to consider the effect of the proposed u,,e r.n 'the capacity of existing or planned community facilities, services or lands.$' The applicant proposes to connect both new residences to public sewer and water services. capacity for two new residences. Both of these contain adequate The applicant proposes to provide access to Lots 2 and 3 by a shared right of way off of the proposed new city right of way located between Lots 1 and 2. This shared driveway will be in the approximate location of the easterly boundary of Lots 2 and 3. By establishing this shared driveway off of the proposed city right of way, applicant has eliminated the need to establish two new curb cuts onto Spear Street, a heavily traveled public street. Applicant has also agreed to close the Spear Street curb cut which is located on Lot 1 and establish a new driveway for Lot 1 off of the proposed city right of way. The subject property is located in the vicinity of the intersection of spear street and Swift Street. The city is presently considering plans to upgrade this intersection. Applicant has agreed to contribute to the city that portion of the upgrade cost which is reasonably attributed to the establishment of two new residences. Based on the matters discussed above, and if development of the residences occurs in accordance with the conditions set forth below, the council concludes that construction of the proposed residences will not have an adverse impact on the 3 capacity of existing or planned community facilities, services or lands. 2. 24 V.S.A. Section 444LQ(e)(2) requires this council to consider the proposed uVe with respect to ��t;i and uses of development e existing Patterns in the area." The proposed residences are located in a portion of the city developed with and zoned Primarily for the construction of single family residences. Based on this, this Council concludes that the proposed expansion is consistent with existing pattc?rns and uses of development in the area. 3. 24 V.S.A. Section 4410(e)(3) requires this Council to consider the proposed use with respect 1.0 "environmental limitations of the site or area and significant natural resource areas and sites.,, Because the proposed residen-Ns will be served by public water and public sewer, this Council C;;rrllldes that there are no environmental limitations on this site 11-lich preclude the Proposed development. The subject property is surrounded by city improvements both proposed and under consideration. The survey of the property shows a proposed city street within an 8o foot wide right of way along the northern bojndary of Lot 2. The City may establish parking and other improvements in this 80 foot wide right of way to provide the public access to the views to the west. The city is presently considering the establishment of a new north/south city street to the east of the subject property. 4 f1Qha 1 4 1c• _: T I T EL it is possible that the right of way for this proposed north/south city strOet could ad—"O n -'�e eas tez n boundary of the subject property. The city is further considering the acquisition of land that adjoins the subject property to the south for park purposes. Given these possible public ivpro,.ements: new structures located on Lots 2 and 3 mould have an impact oil views to the west from such properties. The Council further notes that landscaping and accessory structures could also have an adverse impact on views. The applicant has agreed to confine the proposed residences to defined ti:uilding envelopes located on Lots 2 and 3 to minimize the impact such structures will have on such possible public views. If li.mst'ed in such matter, the Council concludes that such residences can be constructed without a significant impact on such views. If additional limitations are placed on vegetation, landscaping and accessory structures, these views can be further protected. Based on these matters, and if development of the residences and related landscaping and accessory structures occur in accordance with the conditions set forth below, the Council concludes that the development of the lots will not have an adverse impact on the significant natural resource aspects of this area and particularly the available views. 4. 24 V.S.A. section 4410(e)(4) requires this Council to consider the proposed use with respect to 'municipal plans and other municipal bylaws, ordinances or regulations in effect." The comprehensive plan for the City of South Burlington ;recommends that the City act to preveive public access to views of Lake Champlain and the Adirondacks, with a strong emphasis c City acquisition of scenic, turnouts. (Comprehensive Plan, date 1985- Esthetics, History and Cultural Resources Chapter). As already noted, the proposed development, if accomplished in accordance with the conditions of this approval, will not adversely impact these views. Based on this, this Council concludes that the proposed development complies with the Comprehensive Plan for the City of South Burlington. Zoning regulations in effect for the subject property limi the maximum height of structures to 35 feet and establish front yard, side year and rear yard setbacks. The structures propose( in this case will comply with these dimensional requirements. Based on this, this Council concludes that the proposed development complies with the zoning regulations of the City of South Burlington. 5. 24 V.S.A. Section 4410(d) requires this Council to determine whether the proposed construction is consistent with the "health, safety and welfare of the municipality and the standards contained in subsection (e)". For the reasons set forth in conclusions 1.-4 above, this Council concludes that the proposed project can be constructed consistent with the health, safety and welfare of the City of South Burlington. Decision and Conditions The request of IBIS Corporation pursuant to 24 V.S.A. R- ]CI EC-- 1 ?—`�Cl HIDt-I I e4 : 1cE� = T I T- EL— _, r-'"I—t- r — - Section 4410 to construct single family residences on Lots 2 and 3 of the above stated plan, is appruvcd subject to compliance with the following conditions: 1. Lots 2 and 3 must share a common curb cut onto the proposed City right of way that adjoins the north boundary of Lot 2 which must be located in the location shown on the plan attached to this decision as Exhibit C. The location of this curb cut and the driveway for lots 2 and 3 must be shown on the plan required under condition 9 below. Until such time as the proposed City right of way is constructed as a City Street; Lots 2 and 3 shall construct and maintain a driveway within the limits of said right of way with a single entrance onto Spear Street. 2. If the City establishes all intersection improvement fee for the intersection of Swift Street and Spear Street which is levied on residential development, Applicant agrees to pay the fee assessed for two single family residences. 3. Prior to the occupancy of residences constructed on lots 2 and 3, the building sewer for such residences shall be connected to the City sewer systein located in the vicinity of the intersection of Spear Street and Deerfield Drive. Applicant shall pay for the cost of constructing all improvements necessary to accomplish such connection in accordance with applicable City standards, including, if necessary, the upgrade of such improvements to accommodate such connections. 4. The residences to be constructed on lots 2 and 3 shall 7 LIE: 1 . -9Ei r'10t-4 1 4 : ?S ST I TZEL F'"GE. . F' - �- - be located in a building envelopes as shown on the plan attached to this decision as Exhibit C. These building envelops shall be shown on the plan required by condition 9 below. 5. Neither residence shall exceed a height of 29 feet measured from pre -construction grade. 6. Those portions of lots 1, 2 and 3 located within the view protection zones specified on the plan attached to this decision as Exhibit c shall be subject to the restriction that no improvements, including fences, or landscaping located within such zones shall exceed an elevation of 399.5 feet, minus 3.1 feet for each 100 feet that such improvements or landscaping are located west of the lots' eastern boundary. This view protection zone shall be shown on the plan required by condition 9 below. 7. At such time as the driveway required to be constructed to serve lots 2 and 3 pursuant to condition 1 above is constructed, Applicant agrees to eliminate the curb cut from lot 1 onto Spear Street and locate the curb cut for lot 1 on the driveway. Thereafter, the curb cut for Lot 1 shall be maintained on said driveway and on the proposed City right of way when such is constructed. a. This approval does not relieve the applicant of the responsibility of complying with other city regulations and ordinances applicable to the proposed development. 9. Within 60 days of the date of this approval, Applicant shall prepare and deliver to the city Planner for his review and 8 DE:C— 1 7— 90 r•10h4 1 4 s _39 S T I T zEL F- " C. EZ . F' . C _ approval, as well as approval by the City Council, a survey of the subject property that incorporates the requirements imposed by conditions 1, 4, and 6 above. 10. This approval shall expire within twelve :months of the date set forth below if the applicant shall not have, within such time, applied for zoning permits for lots 2 and 3 under the South Burlington Zoning Ordinance. 11. The conditions of this approval shall run with and bind the land and shall, therefore, be binding on Applicant, and Applicantrs heirs, successors and assigns. Dated at South Burlington, Vermont this /Q�day of September, 1990. K:\SON016.agr 'PWOI A. 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