HomeMy WebLinkAboutSP-08-89 - Decision - 0410 Farrell Street#SP-08-89
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
F&M DEVELOPMENT CO, LLC - 410 FARRELL STREET
SITE PLAN APPLICATION #SP-08-89
FINDINGS OF FACT AND DECISION
F&M Development Company, LLC, hereinafter referred to as the applicant, is seeking to
amend a previously approved plan for a 74 unit multi -family dwelling (Eastwood
Commons II). The amendment is for after -the -fact approval to: 1) construct a berm with
75 cubic yards of material, and 2) install a 12 foot high fence to enclose an existing
cooling tower, 410 Farrell Street.
The Development Review Board held a public hearing on Tuesday, October 7, 2008.
Eric Farrell 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 to amend a previously approved plan for a 74 unit multi-
family dwelling (Eastwood Commons II). The amendment is for after -the -fact
approval to: 1) construct a berm with 75 cubic yards of material, and 2) install a
12 foot high fence to enclose an existing cooling tower, 410 Farrell Street.
2. The owner of record of the subject property is the Eastwood Commons II
Homeowners Association.
3. The subject property is located in the Commercial 1 — Residential 15 (C1-R15)
Zoning District.
4. The plan submitted is entitled, "O'Dell Parkway PUD — Eastwood Commons II
Landscape Plan", prepared by TJ Boyle Associates, dated 6/17/05, last revised
on 8/12/08.
This application shall be reviewed under Section 3.12 of the Land Development
Regulations.
The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or
other similar material in an amount equal to or greater than twenty (20) cubic
yards, except when incidental to or in connection with the construction of a
structure on the same lot, shall require the approval of the Development Review
Board. The Development Review Board may grant such approval where such
modification is requested in connection with the approval of a site plan, planned
unit development or subdivision plat. This section does not apply to the removal
of earth products in connection with a resource extraction operation.
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Standards and Conditions for Approval:
(1) The Development Review Board shall review a request under this Section for
compliance with the standards contained in this sub -Section 3.12(B). An application
under Section 3.12(A) above shall include the submittal of a site plan, planned unit
development or subdivision plat application showing the area to be filled or removed,
and the existing grade and proposed grade created by removal or addition of material.
The plan submitted by the applicant shows the location and the new grade of the
additional fill.
(2) The Development Review Board, in granting approval may impose any conditions it
deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
The fill is for landscaping purposes and will remain in place indefinitely.
(b) Submission of an acceptable plan for the rehabilitation of the site at the
conclusion of the operations, including grading, seeding and planting, fencing
drainage, and other appropriate measures.
This requirement is not necessary.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement is not necessary.
(d) Determination of what shall constitute pre -construction grade under Section
3.07, Height of Structures.
This criterion is not required for this application.
Fence
The proposed fence is subject to Section 13.17 of the South Burlington Land
Development Regulations.
A fence over eight 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.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the South Burlington Land Development Regulations,
the proposed conditional use shall meet the following standards:
1. 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
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Comprehensive Plan.
The proposed change in use (fence) is consistent with the planned character of the area
and the existing uses in the area.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The proposed use (fence) conforms with the stated purpose of the IC District.
3. 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.
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 increase in traffic as a result of this application for a fence.
(d) Bylaws in effect.
The proposal is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
The Fence is also subject to Section 13.17 (C) of the SBLDR, Prohibited Fences and
Materials.
The fence is wood and is acceptable.
Section 13.17 also states that a fence over eight feet in height shall be considered a
structure subject to the normal setback requirement for the zoning district.
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This is being met as the development has recorded a "Notice of Conditions" that states
for zoning & planning purposes, the entire development is considered one (1) lot.
DECISION
Motion by —A ( Gt M�( seconded by G f/l/fLc to approve
Site Plan Applic tion #SP-08-89 f F&M Development Co., subject to the ollowing
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 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.
4. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to upon installation of the fence and berm.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr—Ce Onay/ab t in/not present
Matthew Birmingham — ye nay/abstain/not present
John Dinklage — ye ay abstain/not present
Roger Farley — ay/abstain/not present
Eric Knudsen — e ay/abstain/not present
Peter Plumeau ea/nay/abstain not rese
Gayle Quimby -- ea ay/abstain/not present
Motion carried by a vote of & - U - v
Signed this 7 day of (D 2008, by
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John Dinklage, Chair
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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