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Home My WebLink AboutSD-15-43 - Decision - 1675 Dorset Street#SD-15-43 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING WILLOWBROOK HOMES, LLC — WILLOWBROOK LANE FINAL PLAT APPLICATION #SD-15-43 FINDINGS OF FACT AND DECISION Final plat application #SD-15-43 of Willowbrook Homes, LLC to amend a previously approved plan for a nine (9) unit planned unit development. The amendment consists of approving the location for the utility cabinets and their associated landscaping, Willowbrook Lane. The Development Review Board held a public hearing on Tuesday, January 5, 2016. Peter Kahn & Brent Bartlett represented the applicant. Based on the 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, Willowbrook Homes LLC, seeks to amend a previously approved plan for a nine (9) unit planned unit development. The amendment consists of approving the location for the utility cabinets and their associated landscaping, Willowbrook Lane. 2. The owner of record of the subject property is Willowbrook Homes. LLC. 3. The application was received on December 3, 2015. 4. The subject property is located in the Southeast Quadrant Village Residential Zoning District. 5. The plan submitted consists of one (1) page entitled, "Planned Unit Development 1675 Dorset Street South Burlington, VT Landscaping Plan," prepared by O'Leary — Burke Civil Associates, Inc., dated October 8, 2014 and last revised on November 30, 2015. FINDINGS OF FACT In its Findings of Fact & Decision (#SD-5-04) approving the Final Plat for this development, the Board established Condition #11 which stated: Any proposed utility cabinets must be approved by the Development Review Board prior to installation. The proposal consists of two primary transformers, one secondary pedestal and one K30.3 3-phase vault. 13.18 Utility Cabinets and Similar Structures A. General Requirements. In any district, the Development Review Board may grant site plan approval for the construction of a utility cabinet, according to the following regulations. SD 15 43 1675 Dorset Street Willowbrook Homes PUD_amend utilitycabinets_landscaping ffd.doc #SD-15-43 B. Specific Standards for Utility Cabinets and Similar Structures. (1) The facility shall serve the City of South Burlington and/or immediately adjacent communities. The proposed facility serves residences in the City. (2) The minimum required lot for a public utility cabinet, substation, or communication relay station may be reduced from the zoning district requirements, at the discretion of the Development Review Board. In the event that the facility shall be erected on property not owned by the utility, the Development Review Board shall require that the facility be located unobtrusively. Not applicable (3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility. Not applicable (4) There shall be sufficient landscaping with evergreens of sufficient height and density to screen effectively the facility from surrounding property. Landscaping may allow for the use of any doors so long as the door -side of the units are visible from an existing or planned public street. The plan submitted details the proposed plantings around the utility cabinets which provide effective screening. Additionally, in an email to staff dated December 18, 2015, the City Arborist commented as follows: The landscaping around the utility cabinets for Willowbrook Homes is fine. Craig Lambert South Burlington City Arborist (5) There shall be adequate off-street parking for maintenance, service, or other vehicles. It is anticipated that the proposed two primary transformers, one secondary pedestal and one K30.3 3-phase vault will require little maintenance. In the event that maintenance, service or other vehicles need access the Board finds this can be met as Willowbrook Lane has very low volume traffic and that the road is of sufficient width and allows on -street parking on one side. (6) The location of the facility shall be shown on all relevant site plans. The plan submitted details the locations of two primary transformers, one secondary pedestal and one K30.3 3-phase vault. (7) The Development Review Board may attach conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Utility cabinets shall be located a minimum of five (5) feet from all existing or planned public roads or rights -of -way. The proposed two primary transformers, one secondary pedestal and one K30.3 3-phase vault are all located at least five (5) feet from all existing or planned public roads or rights -of -way. The Board SD_15_43_1675 Dorset Street Willowbrook Homes PUD amend utilitycabinets landscaping�fd.doc 2 #SD-15-43 finds that it is not necessary to attach conditions to this proposal in order to prevent any hazard to the public or noise nuisance to surrounding property. (8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration shall not be permitted in any district. The Board finds that the proposed two primary transformers, one secondary pedestal and one K30.3 3-phase vault would not be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration Additional Landscaping Bond The Board finds that in light of the plantings proposed in this application an additional landscaping bond in the amount of $2,500 is necessary. FIRE DEPARTMENT The Fire Chief in a letter dated December 29, 2015 to staff stated as follows: We have conferred on the sketch plan #SD-15-43 for Willowbrook Homes LLC. for addition of utility cabinets. We have no issues at this stage of the project and look forward to viewing the plans as it moves forward. As this project moves forward additional items may surface which could be dealt with as needed with the assistance of the developer and the South Burlington Fire Marshal. Should you need any further assistance on this project please feel free to contact me. Sincerely, Douglas S. Brent Fire Chief DECISION Motion by Bill Miller, seconded by John Wilking, to approve Final Plat application #SD-15-43 of Willowbrook Homes, LLC subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. SD_15 43 1675 Dorset Street Willowbrook Homes_PUD amend utilitycabinets landscapingffd.doc 3 #SD-15-43 4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The applicant shall post a new $2,500 landscaping bond for the landscaping around the two primary transformers, one secondary pedestal and one K30.3 3-phase vault. This bond shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 6. The mylar shall be recorded prior to any zoning permit issuance. 7. Prior to issuance of any zoning permit for site work or construction, a digital copy of the final project plans in pdf format shall be delivered to the Administrative Officer. 8. The final plat plan (sheet 7) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. 9. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 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 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 7 — 0 — 0 Signed this - day of Y y 2016, by IV 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. SD 15 43 1675 Dorset Street Willowbrook_Homes_PUD amend utilitycabinets landscaping_ffd.doc 4