HomeMy WebLinkAboutCU-09-08 - Decision - 1151 1153 Airport Drive#CU-09-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF BURLINGTON/ BIA -1151 & 1153 AIRPORT DRIVE
CONDITIONAL USE APPLICATION #CU-09-08
FINDINGS OF FACT AND DECISION
Burlington International Airport, hereafter referred to as the applicant, is seeking site plan
approval to install a living wall to extend 13 feet in height, 1151 and 1153 Airport Drive.
The Development Review Board held a public hearing on September 15, 2009. Michael
Lawrence 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 install a living wall to extend 13 feet in
height, 1151 and 1153 Airport Drive.
2. The application was received on July 17, 2009.
3. The owner of record of the subject property is City of Burlington/ Burlington
International Airport
4. The subject property is located in the Residential 4 Zoning District.
5. The plans submitted consist of a four (4) page set of plans, page one (1) entitled
"Burlington International Airport South Burlington, Vermont 1151 & 1153 Airport Drive
Key Plan", prepared by Michael Lawrence, dated August 24, 2009.
6. Pursuant to Section 13.17 of the South Burlington Land Development Regulations
(SBLDR), a fence over eight (8) feet in height shall require approval by the Development
Review Board as a conditional use subject to the provisions of Article 14, Conditional
Use Review.
Pursuant to Section 14.10(E) of the South Burlington Land Development Regulations,
the proposed conditional use shall meet the following standards:
7. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The fence is proposed to be used as an experimental sound buffer between the airport
and the adjacent neighborhood. The wall as proposed is only 115 feet long at this time.
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#CU-09-08
This does not conflict with the planned character of the area and the existing uses in the
area, but rather its intended purpose is to provide an aesthetic and functional barrier.
8. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The fence will be the only structure on the property at this time. The addition of the fence
will not detract from that use or the stated purpose of the Residential 4 Zoning District.
9. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
While this is indeed a unique structure, the proposal is in keeping with the character of
uses on surrounding properties and will not adversely affect the character of the area or
the ability to develop adjacent properties.
(c) Traffic on roads and highways in the vicinity.
There will be no increased traffic based on the installation of this fence.
(d) Bylaws in effect.
The fence as proposed will require a rear yard setback waiver of 10 feet; see below for a
discussion on this item.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposed fence will not have an adverse affect on general public welfare or the
health of the surrounding public. Conversely, its very intent is to better the welfare of the
adjacent neighbors.
10. Pursuant to Section 13.17 of the SBLDR, a fence over eight (8) feet in height shall
be considered a structure subject to normal setback requirements for the zoning district,
unless otherwise approved by the Development Review Board as a conditional use.
11. The proposed fence is 8 feet high on a 5 foot berm, for a total height of 13 feet and is
proposed to be located twenty (20) feet from the rear yard property line. The setbacks in
the district require a ten foot setback to the side, and 30 feet to the rear. Therefore the
applicant is seeking a rear yard setback waiver for the fence of ten (10) feet. The Board
supports this waiver.
2
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#CU-09-08
rr >, DECISION
Motion by GR LQ (C4 , seconded by AFmLw to
approve Conditional Use Applic tion #CU-09-08 of the City of Burlington/ B A 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 and Zoning.
3. The Board approves a rear yard setback waiver for the fence of ten (10) feet.
4. 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.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the fence.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — re
Matthew Birminc
John Dinklage
Roger Farley —
Eric Knudsen —
Gayle Quimby —
Bill Stuono —tie
abstain/not present
— yea/nay/abstain of present
iay/abstain/not present
ay/abstain/not present
ay/abstain/not present
iay/abstain/not present
(abstain/not present
Motion carried by a vote of (- O - O
Signed this Z.� day of 2009, by
IV
John Dinklage, I Chairman
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).
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