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HomeMy WebLinkAboutMS-08-06 - Decision - 1175 Hinesburg Road#MS-08-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON — 1175 HINESBURG ROAD MISCELLANEOUS APPLICATION #MS-08-06 FINDINGS OF FACT AND DECISION The City of South Burlington, hereinafter referred to as the applicant, is seeking miscellaneous approval for alteration of the existing grade for the construction of stormwater improvements, 1175 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, August 5, 2008. Tom DiPietro 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 miscellaneous approval for alteration of the existing grade for the construction of stormwater improvements, 1175 Hinesburg Road. 2. The owner of record of the subject property is the City of South Burlington. 3. The subject property is located in the Southeast Quadrant Zoning District. 4. The plan submitted is entitled, "City of South Burlington Oak Creek Micropool South Burlington, Vermont", dated July 2008, prepared by Stantec. This application shall 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 - 1 - #MS-08-06 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, containing one (1) sheet showing the removal of the fill 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 as the retention pond is proposed to be permanent. (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 management pond. The South Burlington Stormwater Superintendent is overseeing the proposal and it shall be completed to his satisfaction. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. This requirement is not 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. DECISION Motion by seconded by 1 to approve Miscellan ous Application # S-08-06 of the City of South Burlington, ubject 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. -2- #MS-08-06 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17304 of the Land Development Regulations or this approval is null and void. 4. Grading will ensure that all drainage within the area disturbed by this project will not cause additional drainage into residential lots. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer once the stormwater improvements have been implemented. 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 present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of 4-0-0. Signed this day of 2008, by John Dinklage, Chair 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). -3-