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Home My WebLink AboutSP-13-68 - Decision - 0000 Stonington CircleCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STONINGTON CIRCLE OWNERS' ASSOCIATION, INC. — STONINGTON CIRCLE SITE PLAN APPLICATION #SP-13-68 FINDINGS OF FACT AND DECISION Site plan application #SP-13-68 of Stonington Circle Owners Association, Inc. for after -the -fact approval to amend a previously approved 47 unit multi -family unit development. The amendment consists of the removal of five (5) White Pine trees and replacement with six (6) Eastern White Cedar trees, Stonington Circle. The Development Review Board held a public hearing on February 18 & March 18, 2014. James Caffrey represented the applicant. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The owner of record of the subject property is Stonington Circle Owners Association, Inc. Site plan application #SP-13-68 of Stonington Circle Owners Association, Inc. for after -the -fact approval to amend a previously approved 47 unit multi -family unit development. The amendment consists of the removal of five (5) White Pine trees and replacement with six (6) Eastern White Cedar trees, Stonington Circle. 3. The application was received on 12/27/13. 4. The subject property is located in the Residential —12 Zoning District 5. The site plan submitted is entitled, "Landscaping Plan - Stonington Circle O'Brien Home Farm Old Farm Road South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated May 1, 2001, and last revised on 3/6/14. The description and planting plan accompanying the site plan were prepared by Certified Arborist Michael Fallis of Limbwalker Tree Service 6. No other changes to the project or site are proposed. 7. The Board notes for the record that Section 13.06(I) of the LDRs requires replacement of trees less than 5" caliper in size to be replaced on an "inch by inch basis" with trees of the same genus at least 2" caliper each. The challenges here are that it is not known how large the pines were before they were cut down; coniferous trees are generally measured by height, not caliper; and the proposal does not offer trees of the same genus. However, as best as can be discerned, five white pines were originally planted, and were 5'-6' tall at time of planting; proposed here are five white cedars, each to be 8'-10' tall at time of planting. There was a total of 30' of trees (5 trees @ 6' tall) planted originally, and now there will be at least 40' of trees (5 trees @ 8'-10' CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 2 DEPARTMENT OF PLANNING & ZONING \SP_13_68_Ston ingtonCircle_trees_afterthefact_ffd.doc tall) planted as replacements. So applying the purpose of the "inch by inch" basis in the LDRs (which in urban forestry, measuring by caliper inch typically applies only to deciduous trees) to the standard form of measurement for conifers (by height), then this application exceeds the minimum requirement for tree replacement. Further, although these new trees are not of the same genus, they are proposed by the applicant's arborist as a better choice for the location and intended purpose. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington LDRs establish the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. No changes are proposed other than the tree replacement described above. The Board finds this criterion satisfied. (b) Parking shall be located to the rear or sides of buildings. No changes are proposed other than the tree replacement described above. The Board finds this criterion satisfied. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. No changes are proposed other than the tree replacement described above. The Board finds this criterion satisfied. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. No new building construction is proposed. The Board finds this criterion satisfied. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes to utility services or service modifications are proposed. The Board finds this criterion satisfied. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No changes are proposed other than the tree replacement described above. The Board finds this criterion satisfied. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 DEPARTMENT OF PLANNING & ZONING \SP_13 68_StoningtonCircle_trees_afterthefact ffd.doc (f) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No new structures are proposed. The Board finds this criterion satisfied. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Given site specific circumstances, the Board finds no need to reserve land for these purposes. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. No changes are proposed other than the tree replacement described above. The Board finds this criterion satisfied. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). No changes are proposed other than the tree replacement described above. The Board finds this criterion satisfied. (d) Landscaping and Screening Requirements The purpose of this application is to replace trees required originally for landscaping and screening. The Board finds this criterion satisfied. Traffic Nothing is proposed that affects traffic. DECISION Motion by Art Klugo, seconded by Jennifer Smith to approve "after the fact" application #SP-13-68 of Stonington Circle Owners' Association, Inc. subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. This project shall be completed as shown on the revised plan and description from arborist Michael Fallis, dated 3/5/14, and on the revised site plan submitted by the applicant, dated 3/6/14, all as on file in the South Burlington Department of Planning and Zoning. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 4 DEPARTMENT OF PLANNING & ZONING \S P-13-68-Ston i ngtonC i rcle-trees-afterthefact_ffd. d oc 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. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use and occupancy of the approved site modifications. 5. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 6. Prior to permit issuance, the applicant shall post a landscaping bond in the amount of $4800.This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. Tim Barritt- yea nay abstain not present Mark Behr- yea nay abstain not present Art Klugo - yea nay abstain not present Bill Miller- yea nay abstain not present David Parsons yea nay abstain not present Jennifer Smith - yea nay abstain not present Motion carried by a vote of 5 - 0 - 1 J Signed this day of AP2014, by Tim BarTttt, C-hainm9-n 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://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.