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Home My WebLink AboutSP-10-29 - Decision - 0150 Allen Road#SP-10-29 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLEN ROAD LAND COMPANY-150-152 ALLEN ROAD SITE PLAN APPLICATION #SP-10-29 FINDINGS OF FACT AND DECISION Allen Road Land Company, hereafter referred to as the applicant, is seeking after the fact site plan approval to amend a previously approved plan for a 31 unit multi -family dwelling and a 32 unit multi -family dwelling. The amendment consists of revising the grading plan to add a berm along Allen Road, 150-152 Allen Road. The Development Review Board held public hearings on May 18 and June 1, 2010. Lance Lllewellyn 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 after the fact site plan approval to amend a previously approved plan for a 31 unit multi -family dwelling and a 32 unit multi -family dwelling. The amendment consists of revising the grading plan to add a berm along Allen Road, 150- 152 Allen Road. 2. The application was received on April 22, 2010. 3. The owner of record of the subject property is the Allen Road Land Company. 4. The subject property is located in the Residential 2 Zoning District. 5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Farm Stand Condominiums South Burlington Vermont Revised Grading Plan As Built", prepared by Llewellyn -Howley Inc., dated March 2010, last revised 2/18/2010. Zoning District & Dimensional Requirements There are no changes to the dimensional requirements as a result of this application. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: 1 L\Development Review Board\Findings_Decisions\2010\NIIenRd_SP1029_ffd doc #SP-10-29 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. The applicant is requesting after -the -fact approval of a berm located in the southeastern portion of the property. The berm reaches approximately 4-6 feet in height in some places. The Board has concern with the location of the berm. The berm has been placed within a 20 foot easement for the recreation path, and comes within feet of the actual pavement of the path. The berm must not be within that 20 foot easement. 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. There are no changes proposed to the height of the building as a result of this application. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 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. In addition, the 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 proposed to the structures as part of 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: 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, it is not necessary to reserve additional land for drives or parking. 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. 2 I:\Development Review Board\Findings_Decisions\2010\AIIenRd_SP1029_ffd.doc #SP-10-29 The Board has already noted that, pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 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 trash facilities as part of this application. DECISION ,1 Motion by t ��i QG seconded by �' f K(IE , to approve Site Plan Application #S -10-29 of the Allen Road Land Company 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 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 plans shall be revised to show the recreation path easement 4. Erosion control matting shall be placed over the soils adjacent to the path until the grass is fully established. 5. 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. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —&enay/abstain/not present Matthew Birmingha — yea/nay/abstain of �presen John Dinklage a ay/abstain/not presen Roger Farley — e ay/abstain/not present Eric Knudsen — ay/abstain/not present Gayle Quimby a ay/abstain/not present Bill Stuono �e ay/abstain/not present Motion carried by a vote of (!P- O U 3 1ADevelopment Review Board\Findings_Decisions\2010WIlenRd_SP1029_ffd doc #SP-10-29 Signed this / day of �42010, by 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 $250.00. 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\2010WIIenRd SP1029 ffd.doc