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Home My WebLink AboutSP-16-01 - Decision - 0000 Brand Farm Drive#SP-16-01 /� do"I Piz CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING VILLAGE AT DORSET PARK HOMEOWNERS ASSOCIATION — SWIFT STREET EXTENSION SITE PLAN APPLICATION #SP-16-01 FINDINGS OF FACT AND DECISION Site plan application #SP-16-01 of The Village at Dorset Park Homeowners Association to amend a previously approved plan for a 167 unit residential complex. The amendment consists of upgrading the community stormwater system, Swift Street Extension The Board held a public hearing on February 2, 2016. The applicant was represented by Luke Willey. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, The Village at Dorset Park Homeowners Association is seeking site plan approval to Association to amend a previously approved plan for a 167 unit residential complex. The amendment consists of upgrading the community stormwater system, Swift Street Extension. 2. The owner of record of the subject property is The Village at Dorset Park Homeowners Association. 3. The subject property is located in the SEQ-Neighborhood Residential Zoning District. 4. The application was received on January 4, 2016. 5. The application is nearly identical to #SP-15-06 approved by the Board and signed on April 10, 2015. The applicant failed to obtain a zoning permit within 6 months of approval. 6. The plan submitted consists of six (6) pages, page one entitled "OVERALL SITE PLAN Village at Dorset Park Pond Improvements Swift Street Extension South Burlington, Vermont" prepared by Ruggiano Engineering, Inc. dated 1/24/15 and last revised on 1/29/16. DIMENSIONAL REQUIREMENTS Not applicable. Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. -1— #SP-16-01 The Board finds the proposed improvements to the stormwater system to be consistent with the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. 2) Parking: (a) ........ (b) ............ (c) ............ (d) ............ (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The proposed improvements have little impact on the relationship of the proposed structures to the site. The Board finds this criterion to be met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The proposed improvements have little impact on the relationship of structures and site to adjoining area. The Board finds this criterion to be met. 14.07 Specific Review Standards A. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No reservation of land is required. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities Irm #SP-16-01 regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Not applicable. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. Not applicable D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. In an email to staff dated January 29, 2016 the City Arborist provided the following comments: I've reviewed the most recent tree protection specifications (modified 1/29/16) and find them acceptable. Craig Lambert South Burlington City Arborist The Board finds that the applicant shall amend the plans to specify a tree protection plan for the 15-inch diameter Shagbark Hickory. E. Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. No waivers requested. STORMWATER In an email to staff dated January 29, 2016 the Department of Public Works provided the following comments: The Stormwater Section has reviewed the "Village at Dorset Park — Pond Improvements" site plan prepared by Ruggiano Engineering, dated 1/21/14 and most recently updated on 1/29/16. We would like to offer the following comment: -3— #SP-16-01 Staff from the Stormwater Section have been working directly with the Village at Dorset Park Homeowners Association and their engineer on the development of this stormwater pond improvement project. We support this project and have no further comments. Thanks, Dave Wheeler Assistant Stormwater Superintendent DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve site plan application #SP-16-01 of The Village at Dorset Park Homeowners Association 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 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 show existing trees in proximity to the proposed improvements. b. The site plan shall be revised to specify tree protection measures for the 15 inch Shagbark Hickory. 4. The applicant shall continue to work with Department of Public Works and comply with their recommendations. 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 from the Administrative Officer prior to use of the stormwater treatment facilities. 7. Prior to issuance of a zoning permit, the applicant shall provide the Administrative Officer a digital copy of the complete approved plan set (with revisions) in pdf format. 8. The applicant shall regularly maintain the stormwater treatment and conveyance structures. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Matt Cota — yea nay abstain not present Bill Miller— yea nay abstain not present #SP-16-01 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 6— 0 — 0 f�. Signed this day of Fe1""'1q �2016, by Tim Barritt, 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_://vermontiudiciary.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. -5—