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HomeMy WebLinkAboutCU-16-08 - Decision - 0114 Central Avenue#CU-16-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING WESLEY J. & PATRICIA A. ELDRED FAMILY TRUST-114 CENTRAL AVENUE CONDITIONAL USE APPLICATION #CU-16-08 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-08 of Wesley J. & Patricia A. Eldred Family Trust for approval to stabilize the shoreline by constructing a rock retaining wall, 114 Central Avenue. The Development Review Board held a public hearing on November 15, 2016. The applicant was represented by Steve Vock. 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 applicant, Wesley J. & Patricia A. Eldred Family Trust, seek approval to stabilize the shoreline by constructing a rock retaining wall, 114 Central Avenue. 2. The owner of record of the subject property is Wesley J. & Patricia A. Eldred Family Trust. 3. The subject property is located in the Queen City Park Zoning District & the Surface Water Protection Overlay District. 4. The application was received on September 30, 2016. 5. The plans submitted consist of a three (3) page set of plans prepared by Civil Engineering Associates, Inc., dated 9/30/16, and titled "Existing Conditions Site Plan," "Proposed Conditions Site Plan," and "Erosion Control Details & Specifications." A. Section 12.01(C) Surface Water Buffer Standards Section 12.01(C) has as its objective "to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City's streams and Lake Champlain." The proposed project will remove some trees and vegetation. Section 12.01(C)(4) states that the "DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use": (a) ... (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the some property and where the DRB finds that: i. There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and ii. The purposes of this Section will be protected through erosion controls, CI #CU-16-08 plantings, protection of existing vegetation, and/or other measures. (c) ... (d) ... (e) ... (f) ... (9) ... (h) ... (i) ... G) ... (k) ... Item (b) is applicable to the project. The area disturbed by this project will be confined to that area necessary to install the proposed stone wall and steps, whose purpose is erosion control, and the applicant's plans indicate erosion control practices will be followed during construction so as to protect the purposes of Section 12 of the LDRs. The Board finds this criteria to be met. Staff has not received any comments from the Stormwater Section. B. Section 12.01(D) Pre -Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the Land Development Regulations includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. Erosion control measures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met (Section 12.01(D)(3)): a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. The proposed project will use stone and wood. The Board finds this criterion to be met. b) The improvement will not increase the potential for erosion. The intent of the project is to reduce erosion. The Board finds this criterion to be met. c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings or other additional information relevant and necessary to evaluating the visual impact of the proposed improvement. The proposed stone retaining wall is similar to the existing condition of boulders and is designed to blend with its surroundings. The Board finds this criterion to be 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 City Arborist submitted the following comment in an email dated November 3, 2016: 2 #CU-16-08 Since the plans specifies that existing trees are to be protected, a tree protection plan and details should be included. A condition of the decision will be for the applicant to submit the details requested by the City Arborist to his satisfaction prior to receiving a zoning permit. C. Section 14.10 Conditional Use Review The proposed project must meet the standards for a conditional use included in Section 14.10(E). (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion to be met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The Queen City Park Zoning District encourages residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. The Board finds that the proposed project will not impact that goal. (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion to be met. (4) Bylaws and ordinances then in effect. As noted above the Board finds that this projects conforms to Section 12.01(C) & (D). The Board finds this criterion to be met. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion to be met. D. Stormwater The Board received comments from Dave Wheeler of the Stormwater Section in an email dated November 11, 2016. He stated that the project met the intent of the Surface Water Protection Standards and reminded the applicant that they should receive approval from the State Lakes and Pond Management and Protection Program prior to making the improvements. DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve conditional use application #CU-16-08 of the Wesley J. & Patricia A. Eldred Family Trust: 3 #CU-16-08 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. The project must 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 plans must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to permit issuance. a. The landscaping plan must be updated to show a tree protection plan and details that are satisfactory to the City Arborist. 4. The applicant must 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. 5. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman 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 John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5— 0 — 0. Signed this 16th day of November 2016, by Bill Miller, Chair 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://vermontjudiciary.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. 12