HomeMy WebLinkAboutMS-06-09 - Decision - 0030 Community Drive#MS-06-09
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK PARTNERS, INC. - 30 COMMUNITY DRIVE
MISCELLANEOUS APPLICATION #MS-06-09
FINDINGS OF FACT AND DECISION
Technology Park Associates, hereafter referred to as the applicant, is seeking
miscellaneous approval to alter the existing grade by extending an existing berm by
approximately 60 feet, 30 Community Drive. The Development Review Board held a
public hearing on October 3, 2006. Tim McKenzie represented the applicant.
Based on testimony provided at the above mentioned public hearing and the proposed
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 is seeking miscellaneous approval to alter the existing grade by
extending an existing berm by approximately 60 feet, 30 Community Drive.
2. The owner of record of the subject property is Technology Park Partners, Inc. et
al.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Technology Park Partners Technology Park 30 Community Drive South
Burlington, VT." prepared by Trudell Consulting Engineers, dated 5/15/06, last
revised on 9/15/06.
Zoning District & Dimensional Requirements:
Adherence to dimensional requirements does not change as a result of the fill.
This application shall be reviewed under Section 3.12 of the Land Development
Regulations.
The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other
similar material in an amount equal to or greater than twenty (20) cubic yards, except
when incidental to or in connection with the construction of a structure on the same lot,
shall require the approval of the Development Review Board. The Development Review
-1-
#MS-06-09
Board may grant such approval where such modification is requested in connection with
the approval of a site plan, planned unit development or subdivision plat. This section
does not apply to the removal of earth products in connection with a resource extraction
operation.
Standards and Conditions for Approval:
(A) The Development Review Board shall review a request under this Section for
compliance with the standards contained in this sub -Section 3.12(B). An
application under Section 3.12(A) above shall include the submittal of a site plan,
planned unit development or subdivision plat application showing the area to be
filled or removed, and the existing grade and proposed grade created by removal
or addition of material.
The applicant submitted a plan, containing two (2) sheets showing the placement of the
fill on the subject property. The plans depict the existing and proposed contours.
(B) The Development Review Board, in granting approval may impose any
conditions it deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
This requirement is not applicable to the subject application.
(b) Submission of an acceptable plan for the rehabilitation of the site at the
conclusion of the operations, including grading, seeding and planting,
fencing drainage, and other appropriate measures.
There are no operations being conducted on the site and therefore this criterion
is not applicable.
(c) Provision of a suitable bond or other security adequate to assure
compliance with the provisions of this Section.
This requirement will not be necessary for the subject application.
(d) Determination of what shall constitute pre -construction grade under
Section 3.07, Height of Structures.
The pre -construction height for future development will be the existing grade.
Other
The plan submitted as part of this application includes several details of other
applications. Some of these applications have been processed and some of the
proposed changes have been approved administratively. The site plan should be revised
-2-
#MS-06-09
to change the language from 'proposed' to 'approved' for those items which have been
approved by the Administrative Officer.
DECISION /l
Motion by 64 `r 141y 0 , seconded by ���/� ��� E , to
approve Miscellaneous applicatio #MS-06-09 of Technology Park Partners, nc.,
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 & Zoning.
3) The plan shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plan shall be
submitted to the Administrative Officer prior to permit issuance.
a) The site plan shall be revised to reflect all items which have been approved as
'approved' and not 'proposed.'
4) The pre -construction height for future development will be the existing grade.
5) 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.
6) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the newly constructed berm.
7) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
-3-
1
#MS-06-09
Mark Behr �y?qay/abstain/not present
Matthew Birm - e ay/abstain/not present
John Dinklage a ay/abstain/not present
Roger Farley - e ay/abstain/not present
Eric Knudsen - ay/abstain/not pCesent
Peter Plumeau - y a/nay/abstain/ of rese
Gayle Quimby -Cay/abstain/not present
Motion carried by a vote of &- O d
Signed this -3 day of �c-�� 2006, by
L
John 15iinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
-4-