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Home My WebLink AboutSP-11-06 - Decision - 0000 Hayes Avenue#SP-11-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CARDINAL WOODS CLUSTER 1 et al— HAYES AVENUE SITE PLAN APPLICATION #SP-11-06 FINDINGS OF FACT AND DECISION The applicant, Cardinal Woods Cluster 1 et al, is seeking site plan approval for a project described as the rehabilitation of existing stormwater infrastructure to conform to the State of Vermont's "best fix" standards, Hayes Avenue. The Development Review Board held a public hearing on March 1, 2011. David Fuqua 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, Cardinal Woods Cluster 1 et al, is seeking site plan approval for a project described as the rehabilitation of existing stormwater infrastructure to conform with the State of Vermont's "best fix" standards, Hayes Avenue. 2. The application was received on January 28, 2011 3. The owners of record of the subject property are Cardinal Woods Cluster 1 et al (see application for complete list). 4. The subject property is located in the R7 Zoning District. 5. The plans submitted consist of a seven (7) page set of plans, page one (1) entitled "Overall Site Plan 2-0848 EFA Hayes Avenue South Burlington, Vermont", prepared by Heindel & Noyes, Inc, dated 2/16/10. 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. FAUSERS\Planning & Zoning\Development Review Board\Find ings_Decisions\2011\SP_11_06_HayesAve_Cardina1Woods.doc #S P-11-06 (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. (t) 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. At this time, the Board does not find it necessary 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 2 PADevelopment Review Board\Findings_Decisions\2011\SP_11_06_HayesAve_cardinalWoods.doc #SP-11-06 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. 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. The Board does not find that this requirement is 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. His comments are as follows: I am writing regarding the Hayes Avenue Storm water Improvement Project (Item #5 on the DRB agenda for March 1, 2011, titled "Cardinal Woods Cluster 1 et al'). I worked with the homeowner associations and their engineer during the development and design of this project and have already reviewed the proposed plans. I 3 PADevelopment Review Boa rd\Findings_Decisions\2011\SP_11_06_HayesAve_CardinalWoods.doc #SP-11-06 have no additional comments and recommend that this project be approved. Thank you for the opportunity to comment. 1 plan to attend the meeting on 311111 in case there are other questions. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. The Board does not find this requirement will 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. / f�I/ �1DECISION Motion by VA GC �C U & h seconded byk�,kv 4s—bject to approve Site P an Application #S -11-06 of Cardinal Woods Cluster 1 et 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 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 from the Administrative Officer prior to using the stormwater improvements. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr nay/abst ' /not present Matthew Birmingham —Ce present John Dinklage ay/abstain/not present Roger Farley — e ay/abstain/not present Michael Sirotkin —yea/nay/abstain not present Gayle Quimb e ay/abstain/not present Bill Stuono yea ay/abstain/not present 4 PADevelopment Review Board\Findings_Decisions\2011\SP_11_06_HayesAve_CardinalWoods.doc #SP-11-06 Motion carried by a vote of (" - O - 0 Signed this day of A4 rc v' 2011, by Mark Behr, Chairman 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:/http://vermontoudicia�g/GTC/environmental/defauIt.aspx/GTC/environmental/defauIt.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. 5 PADevelopment Review Board\Findings_Decisions\2011\SP_11_06HayesAve_CardinalWoods.doc