HomeMy WebLinkAboutSD-09-22 - Decision - 0005 Executive Drive#SD-09-22
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BENSEN DEVELOPMENT LP - EXECUTIVE DRIVE
FINAL PLAT APPLICATION #SD-09-22
FINDINGS OF FACT AND DECISION
Bensen Development, LP, hereinafter referred to as the applicant, is seeking final plat
plan approval to amend a previously approved planned unit development consisting of
two (2) commercial buildings (9280 sq. ft. and 3672 sq. ft.), 16 multi -family dwelling units
in three (3) buildings, and an approved but not yet constructed nine (9) unit multi -family
dwelling. The amendment consists of subdividing a 2.07 acre parcel into two (2) lots of
0.72 acres and 1.35 acres, Executive Drive.
The Development Review Board held a public hearing on May 19, 2009. Craig Bensen
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 final plat plan approval to amend a previously approved
planned unit development consisting of two (2) commercial buildings (9280 sq. ft. and
3672 sq. ft.), 16 multi -family dwelling units in three (3) buildings, and an approved but
not yet constructed nine (9) unit multi -family dwelling. The amendment consists of
subdividing a 2.07 acre parcel into two (2) lots of 0.72 acres and 1.35 acres, Executive
Drive.
3. The owner of record of the subject property is Bensen Development.
3. The application was received on April 27, 2009
4. The subject property is located in the Commercial 1/Residential 12 Zoning Districts.
5. The plan submitted is entitled "Subdivision Plat Bensen Development LP. 5 Executive
Drive So. Burlington, Vermont", prepared by Trudell Consulting Engineers, dated
4/15/02. last revised on 10/22/08.
Dimensional Standards:
The applicant is proposing to subdivide a 2.07 acre lot into two lots of .72 acres and 1.35
acres. This action would create non -conforming lots 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 proposal shall be considered one (1) 2.07 acre. lot. Two other lots
remain in the PUD.
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Section 14.06 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
(a) 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.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
(c) 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 adjoining buildings.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
(f) 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.
There are no changes to the above criteria in relation to this application.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
(a) 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 of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
(b) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and
1)
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properly screened with opaque fencing to ensure that trash and debris do not
escape the enclosure(s).
(d) Landscaping and Screening Requirements
There are no changes to the above criteria in relation to this application.
1 / DECISION
Motion by G AYLQ LW IOY seconded by
to approve Final Plat pplicati n #SD-09-22 of Bensen Development, LP, gubject 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. For purposes of planning and zoning, the two (2) lots included in this subdivision
shall be considered one (1) 2.07 acre lot. The applicant shall record a "Notice of
Condition" to this effect which has been approved by the City Attorney prior to
recording the final plat plan.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. The final plat plan (survey plat) 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. 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 of the South Burlington GIS Coordinator.
Mark Behr —&nay/abstain/not present
Matthew Birmingham — yea/nay/abstain not present
John Dinklage nay/abstain/not present
Roger Farley —Jenay/abstain/not present
Eric Knudsen —ay/abstain/not present
Peter Plumeau — no /nay/abstain presen
yea Gayle Quimby — nay/abstain/not present
Motion carried by a vote of S -%- o
Signed this L2day ofa, 2009, by
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John Dinklage, 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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