HomeMy WebLinkAboutSP-09-12 - Decision - 0035 Community Drive#SP-09-12
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK — 35 Community Drive
SITE PLAN APPLICATION #SP-09-12
FINDINGS OF FACT AND DECISION
Technology Park Partners, hereinafter referred to as the applicant, is seeking site plan
approval to allow a 111 sq. ft. utility cabinet vault and cabinet mounted on top, 35
Community Drive.
This is an after -the -fact application. The applicant has recently informed staff that the
vaults were already installed on the site, without any City approvals.
The Development Review Board held a public hearing on March 3, 2009. Robert Gallo
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 site plan approval to allow a 111 sq. ft. utility cabinet vault
and cabinet mounted on top, 35 Community Drive.
2. The application was received on February 5, 2009.
4. The owner of record of the subject property is Technology Park Associates, Inc.,
AXINN Vermont, and PMF Energy, Inc.
5. The subject property is located in the I-C Zoning District.
6. The plan submitted is entitled, "Technology Park Lot 11, 35 Community Drive South
Burlington, VT", prepared by Trudell Consulting Engineers, dated 2/4/09.
The applicant is proposing to locate the utility cabinet as close as five (5) feet from the
Community Drive right-of-way.
While section 3.10A of the South Burlington Land Development Regulations states that
accessory structures shall not be placed in the front yard, the definition of accessory
structures in Article 2 also states that "Utility cabinets that meet the requirements of
Section 13.18 shall not be considered accessory structures."
Section 13.18 B(7) states that "the Development Review Board may require setbacks or
attach other conditions in order to prevent any hazard to the public or noise nuisance to
surrounding property. Utility cabinets shall respect the front yard setback requirements
for the zone in which they are located. However, the Development Review Board may
reduce the required setback upon determination that such a reduction would not
materially affect the maintenance of public rights -of -way"
1
I:\Development Review Board\Findings_Decisions\2009\Technology Park\TechPark_SP0912_ffd.doc
#SP-09-12
The applicant is requesting approval to locate the cabinets within the front yard setback
(Community Drive and Community Way). As the requirements of 13.18 appear to be met,
the utility cabinets shall not be considered accessory structures and may be located within
the front yard setback at the discretion of the Development Review Board.
The Board finds that the screening plans meet the goals of the South Burlington Land
Development Regulations to significantly screen the proposed structures.
Furthermore, the applicant is proposing to locate three of the utility boxes as close as
five feet from the property lines.
As noted in the comments of the City Arborist dated February 25, 2009, this request
presents a real problem with the ability to properly screen these units. The five feet that
would be left between the ROW and the transformer does not permit adequate space to
provide screening of these units. As the shrubs grow, they could potentially create a
hazard to the nearby sidewalk and its maintenance. Should the shrubs grow nearest the
sidewalk, they will create obstacles for pedestrians and bicyclists. The sidewalk plows
may scrape their mirrors on the shrubs. Similarly, as the plows clean the sidewalks, the
snow will be deposited onto these adjacent shrubs.
The photo below illustrates a five foot setback for a similar (but previously approved)
cabinet on the site.
The City accepts the location of the existing cabinets but strongly advises that all future
cabinets be set back at a minimum of 10 feet from the setback (subject to DRB
approval).
The front yard setback in the district is 30 feet. This would result in a front yard setback
waiver of 25 feet.
2
I:\Development Review Boa rd\Findings_Decisions\2009\Technology Park\TechPark_SP0912_ffd.doc
l �
#SP-09-12
DECISION
Motion by �%�� L� U(� ►YI seconded by C��%�� �� �� to
approve Site Pla Application # P-09-12 of Technology Park Associates su 'ect 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 plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a. The site plan shall be revised to include a note indicating that access to the
cabinets shall be located on the side away from Community Drive.
4. Pursuant to Section 13.18 (B)(7) of the Land Development Regulations, the
Development Review Board grants a front yard setback waiver of twenty-five (25) feet for
the proposed utility cabinets and associated concrete pad. The structures shall in no case
be located closer than five (5) feet from the right-of-way.
5. Prior to issuance of a zoning permit, the applicant shall post a $1,455 landscape
bond. The bond shall remain in effect for three (3) years to assure that the landscaping
takes root and has a good chance of surviving.
6. The cabinets shall be placed such that the service access will be located on the side
away from Community Drive.
7. 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.
8. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — ee /nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/ of present
John Dinklage — e nay/abstain/not presen
Roger Farley — nay/abstain/not present
Eric Knudsen — nay/abstain/not present
Peter Plumeau y nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of
Signed this J day of �� 2009, by
John Dinklage, Chairman
3
I.\Development Review Board\Find ings_Decisions\2009\Technology Park\TechPark_SP0912_ffd doc
#SP-09-12
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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
I:\Development Review Board\Find ings_Decisions\2009\Technology Park\TechPark_SP0912_ffd.doc