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Home My WebLink AboutSD-05-49 - Decision - 0670 Nowland Farm RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHARLES & PATRICIA SHEA - 660 NOWLAND FARM ROAD PRELIMINARY PLAT APPLICATION #SD-05-48 FINAL PLAT APPLICATION #SD-05-49 Charles and Patricia Shea. hereinafter referred to as the applicants, are seeking preliminary plat and final plat approval to subdivide a 9.14 acre lot developed with a single family dwelling into four (4) lots ranging in size from 0.69 acres to 7.1 acres, 680 Nowland Farm Road. The South Burlington Development Review Board held public hearings on February 15, 2005 and July 5, 2005. Lance LIewF --oresented the applicant. Based on testimony provided at the above mentioned publi supporting materials contained in the document file for �nt Review Board finds, concludes, and decides the folly- \\ FINDINGS OF I". 1. The applicants are seeking preliminary plat and to , v e a 9.14 acre lot developed with a single family dwellinc n size from 0.69 acres to 7.1 acres, 680 Nowland Fan 2. The South Burlington Development Review Board rep . the sketch plan for this project on February 1, 2005. 3. The owners of record of the subject property are Charles and Patricia Shea. 4. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. 5. The plans submitted consist of a five (5) page set of plans, page one (1) entitled, "Charles & Patricia Shea So. Burlington Vermont Site Plan", prepared by Llewellyn -Howley, Inc., dated 1/13/05, last revised on 3/11/05-. - 1 - Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning ��JC_ Required Proposed District Min. Lot Size 12,000 SF 26,136 SF Max. Density Max. Building 1.2 units/acre 15% 0.44 units/acre 3.2% Coveraa e Max. Total 30% _ _ 8%� Coverage Min. Front 20 ft. 20 ft. Setback Min. Side 10 ft. 10 ft. Setback �l Min. Rear 30 ft. 30 ft. Setback 4 zoning compliance 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 an acceptable pressure. The Superintendent of the South Burlington Water Department, Jay Nadeau, reviewed the plans and provided comments in a memorandum dated February 10, 2005. 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 City Engineer, Bill Szymanski, reviewed the plans and provided comments in a memorandum dated 14, 2005. -2- 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Lots 1 and 2 will be served by an existing driveway/curb-cut off of Nowland Farm Road. Lots 3 and 4 will also be served by a shared driveway/curb-cut off of Nowland Farm Road. 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 subject property does contain Class II and Class III wetlands along the westerly side. However, the proposed project will only affect the class III wetland in the northwesterly corner of the subject property, labeled as "B Wetland Area" on the plans. The Natural Resources Committee reviewed the proposed project on November 4, 2004. They voted unanimously to recommend approval of the building envelope of Lot D to encroach into the 50' wide wetland buffer on the "B Wetland Area." 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 is compatible with the planned development patterns in the area, as specified by Section 9.01 of the Land Development Regulations. 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 layout of the proposed subdivision concentrates the development lots towards the front of the property, along Nowland Farm Road, which allows the open space throughout the rear of the property to be preserved. 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 proposed subdivision will facilitate the development of three (3) single-family dwellings with frontage on a major public street. The proposed subdivision does not need to be reviewed in detail by the Fire Chief. 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. -3- This criterion is not applicable to the proposed project. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive flan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington 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. Lots B and D are not in compliance with this criterion. However, due to relatively small size of the proposed project, the intentions of this criterion are being met through the proposed layout. Restricted Area A portion of the subject property along Nowland Farm Road is within a restricted area, as depicted on the Southeast Quadrant Official Map. This restricted area is included on the plans. Section 9.06(A) of the Land Development Regulations states that "land located within a designated restricted area shall not be included in any lot created for residential development..." Section 9.06(B) of the Land Development Regulations prohibits new single-family dwellings within the restricted area. However, pursuant to Section 9.08(B) of the Land Development Regulations, the Development Review Board may approve development activities within restricted areas provided that they find that such development activities are consistent with the intent and purpose of the Southeast Quadrant. The intent of the 200' wide restricted area was to give the City sufficient room to construct a four -lane roadway. However, Nowland Farm Road has since been constructed as a two-lane roadway. Thus, the additional land is no longer necessary to facilitate its original purpose. The applicant can place lots and/or building envelopes within this restricted area. ,t DECISION / hz)4T4J Motion by b seconded by C#qC _ to approve Prey Plat Ap lication #SD-05-48 and Final Plat Application #SD-05-49 of Charles and Patricia Shea subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 21 This project shall be completed as shown on the plat submitted by the applicants, and on file in the South Burlington Department of Planning and Zoning. 3) The plat plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a) The survey plat shall be revised to show the shared right-of-way for Lots 3 and 4. b) The survey plat shall be revised to include metes and bounds information for the shared right-of-way across Lot 1 serving Lot 2, and the shared right-of-way serving Lots 3 and 4. 4) The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the memorandum from Jay Nadeau dated February 10, 2005. 5) The applicant shall comply with the requests of the City Engineer, as outlined in his memorandum dated February 14, 2005. 6) 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. 7) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9) The final plat plan (survey plat) shall be recorded in the land records within, 90 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, 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 and Zoning. -5- Mark Behr — e nay/abstain/not present Chuck Bolton — e nay/abstain/not present John Din klage /nay/abstain/not present Roger Farley — e nay/abstain/not present Larry Kupferman — e nay/abstain/not present Gayle Quimby —Me nay/abstain/not present Motion carried by a vote of & - O -0 Signed this -'-'5 day of July, 2005 by L� John Dinklage, Chair 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). M