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Home My WebLink AboutSD-08-01 SD-08-02 - Decision - 0080 Ethan Allen Drive#SD-08-01 #SD-08-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TRENCH BOXES, ETC - 80 ETHAN ALLEN DRIVE PRELIMINARY PLAT APPLICATION #SD-08-01 FINAL PLAT APPLICATION #SD-08-02 Trench Boxes Etc, hereafter referred to as the applicant, is seeking preliminary and final plat approval for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three (3) buildings into two (2) lots of 21,815 sq. ft. & 19,550 sq. ft. 80 Ethan Allen Drive. The Development Review Board held public hearings on Tuesday, February 5, 2008 and Tuesday, February 19, 2008. Tom Loyer 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 preliminary and final plat approval for a planned unit development to re -subdivide a 41,365 sq. ft. lot developed with three (3) buildings into two (2) lots of 21,815 sq. ft. & 19,550 sq. ft. 80 Ethan Allen Drive. 2. The owner of record of the subject property is Estate of Joseph P. Kelley. 3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC) Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Lands of Joseph & Muriel Kelley Ethan Allen Dr. South Burlington, VT Boundary Survey", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 12/18/07. - 1 - #SD-08-01 #SD-08-02 Zoning District & Dimensional Requirements Neither of the proposed lots meet the area and dimensional requirements and therefore will not be considered two lots for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. Table 1. Dimensional Requirements Lots IC Zoning' District Required Proposed Min. Lot Size 40,000 SF 41,365 SF Max. Building Coverage 40% 18% Max. Overall Coverage 70% 55% Min. Front Setback 30 ft. >30 ft Min. Side Setback 10 ft. >10 ft Min. Rear Setback 30 ft. >30 ft zoning compliance SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at an acceptable pressure. There are no changes to this criterion as part of this application. Sufficient water supply and wastewater disposal capacity is already available. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. There are no changes to this criterion as part of this application. There is no need for additional connections to the public sewer system. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed subdivision does not involve any construction, so this criterion is not applicable. -2- #S D-08-01 #SD-08-02 The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed subdivision does not involve any construction, so this criterion is not applicable. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are existing Class II wetlands on the site. There is currently some gravel for the parking area which extends into the buffer. Staff advocates that this be removed. As this is a Class II wetland, and as the subject property is also covered in various items for storage, staff advocates that the buffer be appropriately delineated either with landscaping or split rail fencing. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed subdivision is compatible with the planned development patterns of the IC Zoning District. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to the proposed project The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The proposed subdivision does not warrant review by the South Burlington Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. There is a sidewalk which extends along portions of the other lots on the street. The Board has most recently required an extension of the sidewalk along the property at 84 Ethan Allen Drive. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. This requirement is being met. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). -3- #SD-08-01 #SD-08-02 The proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other Again, the proposed subdivision will be considered one lot for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision for 80 Ethan Allen Drive shall be considered one (1) lot. Trash facilities are shown on the plans but not adequately screened. They should be adequately screened. The plans should be revised. Access Access to proposed Lot 2 is via a Right of Way on the adjacent property at 82 Ethan Allen Drive. This Right of Way has recently been approved. DECISION Motion by �� . u h9 , seconded by �6 G C rmL E to approve Prelim nary Plat Applicati n #SD-08-01 and Final Plat Application # -08-02 of Trench Boxes, Etc., subject to the following conditions: 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. 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 the sidewalk to be constructed along the property's frontage. b. The site plan shall be revised to show screened trash facilities. c. The site plan shall be revised to show proposed outside storage area(s), if any. d. The site plan shall be revised to show the existing gravel removed from the wetland buffer. e. The site plan shall be revised to show wetlands buffer within the northern portion of the subject lot delineated with either appropriate landscaping or split -rail fencing. #SD-08-01 #SD-08-02 4. The applicant shall construct a sidewalk, in conformance with City standards and to the satisfaction of the Director of Public Works, along the southern edge of the property no later than October 31, 2008. 5. For purposes of planning and zoning, the two (2) lots included in this subdivision shall be considered one (1) lot. The applicant shall record a "Notice of Condition" in the South Burlington Land Records to this effect which has been approved by the City Attorney prior to recording the final plat plan. 6. Any existing lighting which is not in conformance with the current South Burlington Land Development Regulations shall be replaced with those that are downcasting and shielded. 7. Any change to the final plat plan shall require approval of the South Burlington Development Review Board. 8. The final plat plan (Boundary Survey) 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 the final plat plan. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval by the South Burlington GIS Coordinator. Mark Behr — e nay/abstain/not present Matthew Birmingham —nay/abstain/not present John Dinklage — e /nay abstaiof resen Roger Farley je�ay/abstain/7htppresent Eric Knudseny/abstain/not present Peter Plumeanay/abstain/not present Gayle Quimbyay/abstain/not present Motion carried by a vote of -�-- d - b IASigned this � da of �G�� 2008, by F, Mark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). -5-