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HomeMy WebLinkAboutSD-04-67 SD-04-68 - Decision - 1600 Hinesburg RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING MIKE ANDERSON- 3 LOT SUBDIVISION PRELIMINARY PLAT APPLICATION #SD-04-67 FINAL PLAT APPLICATION #SD-04-68 FINDINGS of FACT AND DECISION Mike Anderson, hereinafter referred to as the applicant, is requesting preliminary plat approval and final plat approval for a planned unit development consisting of: 1) subdividing a 14.12 acre parcel into three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot #2), and 1.36 acres (lot #3), 1600 Hinesburg Road. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. The Development Review Board held a public hearing on October 19, 2004. Skip McClellan 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 requesting preliminary plat approval and final plat approval for a planned unit development consisting of: 1) subdividing a 14.12 acre parcel into three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot #2), and 1.36 acres (lot #3), at 1600 Hinesburg Road. 2. The owner of record is Mike Anderson. 3. The subject property contains 14.12 acres and is located in the Southeast Quadrant (SEQ) Zoning District. 4. The Development Review Board reviewed the sketch plan for the proposed project on July 6, 2004. 5. The plans consist of a five (5) page set of plans, page one (1) entitled, "Subdivision Plat of the Lands of Michael J. Anderson Route 116, Hinesburg Road South Burlington, Vermont", prepared by Button Professional Land Surveyors, PC, dated 9/7/04, last revised on 10/18/04. - 1 - No Text Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zonin District Required Proposed Min. Lot Size 12,000 SF 1.36 acres Max Density 17 units 3 units ♦ Max. Building Coverage 15% n/a ♦ Max. Overall Coverage 30% n/a Min. Front Setback 20 ft. >20 ft. Min. Side Setback 10 ft. > ]Oft. Min. Rear Setback 30 ft. > 30 ft. zoning compliance ♦ n/a because no buildings are proposed at this time SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The Superintendent of the City of South Burlington Water Department, Jay Nadeau, reviewed the plans and provided comments in a letter dated September 20, 2004. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The plans depict the location of proposed sewer lines and have been approved by the City Engineer. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. -2- The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the proposed lots is proposed via a private roadway off of Hinesburg Road. Pursuant to Section 15.12(D) of the Land Development Regulations, the three (3) lots may be served via a private roadway. However, pursuant to Section 15.12(E) of the Land Development Regulations, this roadway should be constructed to a minimum width of 20'. The proposed roadway will be predominantly located within a designated "restricted" area. Pursuant to Section 9.06(B) of the Land Development Regulations, the construction of access driveways, roads, and appurtenant improvements to serve approved development or uses shall be allowed in the "restricted" areas. In order the facilitate a potential future connection to Kendrick Drive, the applicant has proposed to relocate the existing 60' wide right-of-way to the west, so that it aligns with the existing right-of-way on the property to the north. This will create a continuous 60' wide right-of-way extending from Kendrick Drive to the southerly property boundary of the subject property. Circulation and traffic management are not issues with the proposed project. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The plans that the applicant submitted depict the wetlands and the wetland buffers on the subject property. These were delineated by Cathy O'Brien. The building envelope on lot #1 is located outside of any wetlands or their associated 50' wide buffer, the building envelope on lot #2 encroaches into a Class III wetland and its associated 50' buffer, and the building envelope on lot #3 encroaches very slightly into a Class III wetland buffer. In addition, the proposed private roadway will encroach into the buffers of one (1) Class II wetland and two (2) Class III wetlands, and will encroach into a Class III wetland. The Natural Resource Committee reviewed and approved the proposed project on June 3, 2004, with the following recommended conditions: a. prohibit application of pesticides/herbicides in wetlands and their buffers; b. prohibit removal of wetland vegetation; c. prohibit mowing in the wetland and their buffers, with the exception of brush hogging once per year; d. preserve the three (3) Maple trees in the northwesterly portion of the property. In addition, the applicant is proposing to extend the utility lines serving the proposed lots through the Class II wetland and its buffer along the northerly property line. This will require a CUD from the State Vermont's Water Quality division. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed project seems to be visually compatible with the planned development patterns in the SEQ. The proposed project layout will preserve the open character of the -3- subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. In addition, wetland impacts on the subject property have been minimized. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. This is an important corridor, as it has been identified as containing wetlands and woodland/wildlife habitat. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The South Burlington Fire Chief reviewed the proposed plans and provided comments in a memorandum dated September 29, 2004. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on June 7, 2004. Their comments are provided in a letter dated June 8, 2004. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on June 7, 2004, 2004. The City Engineer reviewed the proposed plans and provided comments in a memorandum dated September 30, 2004. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the goals and objectives of the SEQ, as outlined in the Comprehensive Plan. Lot Layout. According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. The Board feels the three (3) proposed lots meet the goals of this requirement According to Section 9.06(A) of the Land Development Regulations, land located within a designated "restricted" area shall not be included in any lot created for residential development after June 22, 1992. As a condition of approving a subdivision of land that results in the creation of a lot located entirely or partially within a "restricted" area, the Development Review Board may require the recording of a notice of appropriate restrictions regarding such remaining lot in the land records. SEQ Restricted Areas The Southeast Quadrant Official Zoning Map indicates that the subject property contains two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg Road. The other is a "restricted area" that falls in the middle of the property that the Southeast Quadrant Official Zoning Map identifies as a wetland. Pursuant to Section 9.08(B) of the Land Development Regulations, the DRB may approve development activities to occur within the "restricted" areas or allow lots or portions of lots to be located within the "restricted" areas, provided that they find such development activities are consistent with the purpose of the SEQ. The applicant is proposing three (3) single-family lots and building envelopes in the "restricted" area. One (1) of these is located in a "restricted" area that was designated to protect wetlands. However, Cathy O'Brien's wetland delineation on the property indicates that the location of the proposed dwelling units do not encroach into any wetlands or their buffers. Thus, the Board and the NRC are comfortable with the location of this lot and building envelope. Two (2) of the lots and building envelopes are proposed in a "restricted" area that was designated as a view protection zone. The location of the proposed building envelopes are at the bottom of a steep slope grading down from Hinesburg Road. Thus, buildings in the proposed building envelopes should not obstruct any scenic views from Hinesburg Road. Other All of the additional standards outlined in Section 15.18(B) of the Land Development Regulations are being met through the proposed project. DECISION Motion by CA L t Qu 10 b _ seconded by G to approve Prar Plat A licati n #SD-04-67 and Final Plat Application #SD-04-68 pp Y pp pp of Mike Anderson, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) 23his project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. -5- 3) The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a. The site plan shall be revised to include the name of the proposed private roadway, approved by the South Burlington Planning Commission. 4) The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the letter from Jay Nadeau dated September 20, 2004. 5) The applicant shall comply with the requests of the South Burlington Fire Chief, as outlined in his comments dated September 29, 2004. 6) The three (3) houses within the development shall include residential sprinkler systems. 7) The applicant shall comply with the requests of the City Engineer, as outlined in his memorandum dated September 30, 2004, prior to issuance of a zoning permit. 8) Water sewer lines and sewer pumping station shall remain private. 9) Pursuant to Section 15.13 (E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 10) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 11) The applicant shall comply with the recommendations of the Natural Resources Committee as follows: a) There shall be application of pesticides/herbicides in wetlands and their buffers; b) There shall be no removal of wetland vegetation; c) There shall be no mowing in the wetland and their buffers, with the exception of brush hogging once per year; d) The three (3) Maple trees in the northwesterly portion of the property shall be preserved. 12) The applicant shall submit for approval by the City Attorney a Certificate of Title for the property prior to recording of the final plat plans. 13) Prior to recording the final plat plan, the applicant shall submit for approval by the City Attorney the legal documents (irrevocable offer of dedication, deed, etc) for the proposed extension of Kendrick Drive. 14) Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. M 15) The final plat plans (the survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. Chuck Bolton — e nay/abstain/not present Mark Boucher — nay/abstain/not present John Dinklage — nay/abstain/not present Roger Farley — e nay/abstain/not present Michele Kupersmith —'nay/abstain/not ea/nay/abstain o presen Larry Kupferman — enay/abstain/not present Gayle Quimby — e present Motion carried by a vote of (a - G - o Signed this Z day of October, 2004 by ohn Dinklage, hair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). -7-