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Home My WebLink AboutSP-09-26 - Decision - 0025 0033 Harbor View Road#SP-09-26 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HARBOR HEIGHTS HOMEWONERS ASSOCIATION - 33 HARBOR VIEW ROAD SITE PLAN APPLICATION #SP-09-26 FINDINGS OF FACT AND DECISION The applicant, Harbor Heights Homeowners Association, is seeking site plan approval for the construction of a new stormwater treatment system, 33 Harbor View Road. The Development Review Board held a public hearing on April 21, 2009. Shane Mullen 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, Harbor Heights Homeowners Association, is seeking site plan approval for the construction of a new stormwater treatment system. 2. The application was received on March 20, 2009. 3. The owner of record of the subject property is Harbor Heights Homeowners Association. 4. The subject property is located in the Residential 2 Zoning District. 5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled, "Overall Site Plan Harbor Heights, Harbor View Rd. South Burlington, Vermont," prepared by Heindell and Noyes, Inc. dated 3/19/09. SITE PLAN REVIEW STANDARDS 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. I:\Development Review Board\Findings_Decisions\2009\HarborHeights\HarborHeights_SP0926_ffd.doc #S P-09-26 (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. No changes to the existing buildings are being proposed as part of this application and therefore the aforementioned criteria are not applicable. 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. The Board finds that, at this time, there is no need to provide additional accesses. (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 properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). There are no changes proposed to the existing trash facilities. (d) Landscaping and Screening Requirements As there is no building construction proposed for this site, there are no minimum landscaping requirements. As the application includes the alteration of more than twenty cubic yards of fill, this application shall also be reviewed under Section 3.12 of the Land Development Regulations. 2 I:\Development Review Board\Findings_Decisions\2009\HarborHeights\HarborHeights_SP0926_ffd.doc #S P-09-26 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. 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 applicant submitted a plan showing the new pond and subsequent re -grading on the subject property. This plan is sufficient to satisfy this requirement. (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. This requirement is not applicable to the subject application. (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. The applicant is proposing to install a stormwater retention structure. The South Burlington Stormwater Superintendent has been working with the applicant to review the plans and will continue to do so. The Board finds it sufficient to grant approval of this application conditional upon the satisfaction of the Stormwater Superintendent. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. This requirement will not be necessary for the subject application. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development will be the existing grade. Other: The South Burlington Stormwater Superintendent has been working with the applicant to 3 I:\Development Review Board\Findings_Decisions\2009\HarborHeights\HarborHeights_SP0926_ffd.doc #SP-09-26 review the plans. He has provided comments in a memo dated April 17, 2009. DECISION Motion by seconded by �'\ �/��e to approve Site Plan Application # P-09-26 of Harbor Heights Homeowners ssociation 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 applicant must comply with all requests of the South Burlington Stormwater Superintendent and shall meet with his approval prior to the issuance of a zoning permit. 4. 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. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the wastewater treatment system. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr—yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain not present John Dinklage — yea/nay/abstain/not resent Roger Farley — e*nay/abstain/not present Eric Knudsen —Way/abstain/notpresentPeter Plumeau nay/abstain/not present Gayle Quimbyay/abstain/not present Motion carried by a vote of v - U S� Signed thisda of P 1 2009, by 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 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). 4 I:\Development Review Board\Findings_Decisions\2009\HarborHeights\HarborHeights_SP0926_ffd.doc