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HomeMy WebLinkAboutSD-97-0000 - Decision - 0300 Swift StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Francis J. Von Turkovich & Patricia A. Stratmann for subdivision of a 9.8 acre parcel into three (3) lots of approximately 1.8 acres, 2.2 acres, and 5.5 acres, 300 Swift Street. On the 12th day of August 1997, the South Burlington Planning Commission approved the request of Francis J. Von Turkovich & Patricia A. Stratmann for preliminary plat approval under Section 203 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of subdividing a 9.5 acre lot into three (3) lots of 5.5 acres (lot #1), 1.8 acres (lot #2) and 2.2 acres (lot #3). Lot #1 is currently developed with a single family dwelling. The sketch plan was reviewed on 6/10/97. 2. This property located at 300 Swift Street lies within the R2 District. It is bounded on the north by a residence and undeveloped land, on the west by a church, on the east by a multi- family development (Ridgewood), and on the south by Swift Street. 3. Access: Access to the two (2) new lots and an existing lot which is not part of this subdivision is to be provided by a 40 foot r.o.w. with a driveway of 20 feet in width. Access to the UVM property to the north is shown to be provided by a 40 foot r.o.w. along the easterly boundary of the property. The applicant indicated that they will leave the current UVM r.o.w. in its present location. Therefore, the proposed U.V.M. r.o.w. along the easterly boundary should be removed. 4. Section 401.1 (k) (2) of the subdivision regulations requires that all private roadways be a minimum width of 30 feet with parking and 24 feet without parking. The width of the proposed private road is 20 feet. The Commission at the sketch plan meeting recommended a 20 foot wide drive. 5. The City Engineer reviewed the sight lines at the intersection of the new driveway with Swift Street and feels that they are adequate. 6. Lot size/frontage: The minimum lot size requirement of 19,000 square feet (0.44 acres) will be met by all three (3) lots. 7. The minimum frontage requirement of 100 feet will be met by the 1 two (2) lots fronting Swift Street. The third lot has no road frontage and will be served by an 40 foot r.o.w. 8. Density: The maximum density permitted on this 9.5 acre lot is 19 units (9.5 x 2). Three (3) dwelling units are proposed. 9. Sewer: The sewer allocation requested is 1440 gpd (includes 20% reduction allowed by State). The applicant will be required to pay the per gallon fee prior to permit issuance. 10. The applicant should prepare a complete contour map so that the City Engineer can determine whether or not a gravity sewer can be installed. 11. Impact fees: The applicant was made aware that the new residences will be subject to road, school, and recreation impact fees. 12. Adjoining UVM Land: At the sketch plan hearing, the Commission asked staff to look into the potential development of the UVM land to the north, and whether it would be appropriate to reserve a future 60 foot wide R.O.W. over the Von Turkovich land. The UVM land is 17 acres in size, has 635 feet of frontage on Spear Street, and could potentially yield 34 housing units. From a long range planning standpoint, it probably makes sense to connect these two parcels with reserved 60 foot wide R.O.W.'s. This precedent has been consistently applied to other subdivisions in the City. If Von Turkovich was proposing more lots, staff would most likely recommend establishing and reserving such a R.O.W. However, because only three (3) lots are proposed, it is more difficult to justify the need for such a R.O.W. especially since such a road is not shown on the City's Official Map. It may be more appropriate to require a R.O.W. if and when the property is further subdivided into more lots. Also, if such a R.O.W. is required, it should be appropriately located to take into account safe site distances. 13. Landscaping: A large street tree will be removed to accommodate the proposed private street. Street trees should be planted along the private street as required under Section 412.4 of the zoning regulations and shown on the final plat plan. 14. Preliminary plat information: The following information required for preliminary plat was requested and not submitted: --- base food elevation data. --- the plat should use a different line symbol for the easements/r.o.w. 15. Bikepath: The bike path is shown as being partially on lot #1. The final plat should show the bikepath easement. 2 DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the preliminary plat application of Francis J. Von Turkovich & Patrice A. Stratmann for subdivision of a 9.5 acre parcel into three (3) lots of approximately 1.8 acres, 2.2 acres, and 5.5 acres, 300 Swift Street, as depicted on a two (2) page set of plans, page one (1) entitled, "Property Plan F. Von Turkovich & P. Stratmann 300 Swift Street South Burlington Vermont," prepared by William A. Robenstein, dated 8/5/97, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised prior to final plat submittal as follows: a) The plat or other plan shall be revised to show street trees planted along the private street as required under Section 412.4 of the subdivision regulations. b) The plat shall be revised to include base flood elevation data. c) The plat plans shall be revised to show a turnaround at the end of the proposed access drive. d) The plat shall be revised to eliminate the proposed UVM 40 foot r.o.w. e) The plat shall be revised to show contours on the entire property to be subdivided. f) The plat shall be revised to show the bikepath easement on lot #1. g) The sewer plan shall be revised to show correct lot lines and easements. Easements shall also be shown on the plat. 3) The Planning Commission allocates a sewer allocation of 1440 gpd (includes 20% reduction allowed by State) for lots #1, 2 and 3 and the existing house at 294 Swift Street. The applicant shall be required to pay the per gallon fee prior to permit issuance. 4) As expressly represented by the applicant, lots #2 and #3 shall never be further subdivided into more lots. This shall be reflected in the deeds for lots #2 and U . Prior to issuance of a zoning permit for lots #2 or #3, the applicant shall provide a copy of the deed to verify that this condition is being met. 91 5) The final plat application shall be submitted within twelve (12) months. Chairman br Clerk South Burlington Planning Commission Date 4