HomeMy WebLinkAboutSD-05-49 - Decision - 0670 Nowland Farm Road (2)CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHARLES & PATRICIA SHEA - 680 NOWVLAND 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 LlewF --presented the
applicant.
Based on testimony provided at the above mentioned publi
supporting materials contained in the document file for +�
Review Board finds, concludes, and decides the foil,
FINDfNGS OF I%
The applicants are seeking preliminary plat and fii,
9.14 acre lot developed with a single family dwellinc
size from 0.69 acres to 7.1 acres, 680 Nowland Fan
2. The South Burlington Development Review Board rep
this project on February 1, 2005.
�nt
ea
h
the sketch plan for
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-.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
I SEQ Zoning
LL�—_ District �_
Required
��_
Proposed
Min. Lot Size
12,000 SF
26,136 SF
Max. Density
1.2 units/acre
0.44 units/acre
Max. Building
15%
3.2%
Coverage
Max. Total
30%
8%
Covera
Min. Front
20 ft.
20 ft.
Setback _
i Min. Side
10 ft.
10 ft.
L4Sebackt
Min. Rear
30 ft.
30 ft I,
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.
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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 Nowiand 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 nortf,westerly
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 districts) 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 Nowiand 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.
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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 Plan
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.
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AA DECISION /�T��1
Motion by / h seconded by (#qCA &4
to approve Prel minary 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.
2) 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.
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Mark Behr — e nay/abstain/not present
Chuck Bolton — e nay/abstain/not present
John Dinklage /nay/abstain/not present
Roger Farley — e nay/abstain/not present
Larry Kupferman —die nay/abstain/not present
Gayle Quimby—McYYnay/abstain/not present
Motion carried by a vote of & - O -0
Signed this -:�' day of July, 2005 by
}
John Dinklage, dhair
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).
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