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HomeMy WebLinkAboutSP-09-13 - Decision - 0045 Community Drive#SP-09-13 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TECHNOLOGY PARK — 45 Community Drive SITE PLAN APPLICATION #SP-09-13 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, 45 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, 45 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 8B, 45 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 ten (10) 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 11Development Review Boa rd\Findings_Decisions\2009\Technology Park\TechPark_SP0913_ffd.doc #SP-09-13 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 20 feet. 2 I:\Development Review Boa rd\Findings_Decisions\2009\Technology Park\TechPark_SP0913_ffd doc #SP-09-13 DECISION Motion by % A « , seconded by e /i r! i to approve Site PI n Application # P-09-13 of Technology Park Associates s bject 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 —Wnay/abstain/not present Matthew Birmingham —yea/nay/abstain of present John Dinklage — /nay/abstain/not presen Roger Farley — nay/abstain/not present Eric Knudsen — /nay/abstain/not present Peter Plumeau /nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of & - 6 - P Signed this day of / 2009, by John Dinklage, thairman 3 I:\Development Review Board\Findings_Decisions\2009\Technology Park\TechPark_SP0913_ffd.doc C #SP-09-13 C 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 Boa rd\Findings_Decisions\2009\Technolog y Park\Tech Park_SP0913_ffd doc