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HomeMy WebLinkAboutSD-17-23 - Decision - 0051 Old Farm Road#SD-17-23 Findings of Fact and Decision CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING Donald and Sandra Rendall 51 OLD FARM ROAD FINAL PLAT APPLICATION #SD-17-23 FINDINGS OF FACT AND DECISION Final plat application #SD-17-23 of Donald and Sandra Rendall to subdivide a 3.92 acre parcel developed with a single family dwelling into two (2) lots ranging in size from 0.93 acres to 2.99 acres, 51 Old Farm Road. The Development Review Board held a public hearing on Tuesday, October 17, 2017. Sandra Rendall and Miles Waite 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 project consists of subdividing a parcel into two (2) lots, 51 Old Farm Road. 2. The owner of record of the subject properties is Donald and Sandra Rendall. 3. The application was received on September 14, 2017. 4. The subject property is located in the Residential 1 PRD zoning district. 5. The plan submitted consists of a two (2) page set of plans. Drawing 1 is entitled "Site Plan Donald & Sandra Rendall 51 Old Farm Road, South Burlington, Vermont," prepared by Waite-Heindel Environmental Management, dated September 12, 2017. 6. The applicant previously provided an application for sketch plan review by the DRB at the March 21, 2017 hearing for the subdivision of two (2) lots (#SD-17-05) A) Dimensional Standards Residential 1 PRD Required Existing ' Proposed Lot 1 Proposed Lot 2 Min. Lot Size 40,000 sq. ft./single family 170,623 sq. ft. 130,089 sq. ft. 40,534 sq. ft. ✓Max. Building Coverage 15% 1.6% 2.3% 4.9% ✓Max. Overall Coverage 25% 3.3% 4.3% <25% ✓Min. Front Setback 50 ft. 22 ft. No change >50 ft. ✓Min. Side Setback 25 ft. 52 ft. No change >25 ft. ✓Min. Rear Setback 30 ft. >30 ft. No change N/A' Building Height (pitched roof) 28 ft. Unknown No change Unknown ✓Proposed to be in compliance 1. Lot 2 is proposed to be a corner lot and as such will not have a rear lot line. 2. Details of buildings have not been provided. SD-17-23 Findings of Fact and Decision B) Section 4.01 of the South Burlington Land Development Regulations establishes the following standard for all development within the R-1 district. (1) Multi -family dwelling units shall be subject to site plan review, as per Article 14, and, except as stated in subsection 4.01(F) of these Regulations, shall be limited to a maximum of four (4) dwelling units per structure. The applicant has proposed two units, an existing single family and a new single-family dwelling for the subdivided lot, which is within the allowable density for the parcel. The allowable density would allow for two- or multi -family dwellings to be located on the proposed parcels if certain other criteria were met. Should a multi -family dwelling be proposed, the application would be subject to site plan review. C) Section 12.02E of the South Burlington Land Development Regulations establishes the following standards for all site plan applications located along the City's surface waters. (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. There is an existing pond located on proposed Lot 1 and an existing wetland located on the west side of proposed Lots 1 and 2. There is no wetland or buffer encroachment proposed as part of the subdivision or hypothetical home development. The Department of Public Works Assistant Stormwater Superintendent, Dave Wheeler, reviewed the application on October 12, 2017 and offers the following recommendation. Marla, The proposed building Lot 2 on the "Donald & Sandra Rendall — 51 Old Farm Road" subdivision plan, dated 2/6/17, shows a wetland and associated 50' buffer. The DRB should include a condition that this buffer area not be turned into lawn. Thanks, Dave D) Section 15.18A of the South Burlington Land Development Regulations establishes the following general standards for all subdivisions. (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The Applicant has indicated they have applied for a state water/wastewater permit. Prior to issuance of a zoning permit, the Applicant must obtain final approval for water and wastewater allocation from the City. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. oath" _.F FL A N N I N a & ZON�INC 2of6 SD-17-23 Findings of Fact and Decision No erosion control measures are shown on the provided plans. The applicant must comply with the minimum standards for erosion control, including stabilization timelines in Section 16.03B and topsoil requirements of Section 16.04A. (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The existing house on proposed Lot #1 is accessed by a driveway from Old Farm Road. Lot #2 would have access to Old Farm Road and also abuts Hinesburg Road; however, the Hinesburg Road side of the property is wetland and therefore would not be a likely source of access. (4) 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. See discussion of resource areas as it pertains to Article 12 above. (5) 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 applicant is not proposing a specific home type at this time. However the density and general layout of the lot are consistent with the development patterns in the area. The Board finds this criterion to be met. (6) 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 Project proposes a single-family dwelling on an already cleared portion of the lot. The Board finds this criterion met. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The assistant fire chief reviewed the project and on 9/28/2017 indicated via email that there are no issues. The Board finds this criterion met. (8) 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 properties. There is an existing 30-inch maple adjacent to the proposed driveway which may be within the City right of way ("ROW"). At this time the tree is not proposed to be removed, but the applicant indicated that they anticipate needing to remove the tree in order to align the driveway with the driveway for 50 Old Farm Road. With ou l u 1 ", (111 pL A N N f N 9'& ZQfdYPt . 3 of 6 SD-17-23 Findings of Fact and Decision concurrence from the City Arborist and the Department of Public Works ("DPW") Director, the Board finds that the value of retaining the tree is greater than the advantage of aligning the driveways. Therefore, the Board finds that the applicant should design the driveway to avoid impacting the 30-inch maple and the adjacent 32- inch maple. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The Department of Public Works ("DPW") director reviewed the project and on 9/27/2017 indicated via email that there are no issues. The applicant obtained a preliminary wastewater allocation on June S, 2017. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The existing parcel is planned for 2-5 units according to the build out analysis included in the Comprehensive Plan. The Board finds this criterion met. (11) The project's design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. The Project proposes a single-family dwelling on an already cleared portion of the lot. The Board finds this criterion met. E) Energy Standards The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve Final Plat Application #SD-17-23 of Donald and Sandra Rendall, subject to the following stipulations: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the final plat plan. a. Show a split rail fence along the wetland buffer lines to demarcate and prevent mowing within the buffer. b. Show compliance with the minimum standards for erosion control, including stabilization timelines in Section 16.03E and topsoil requirements of Section 16.04A. southburli no to PLANNING &� ZONING 4of6 SD-17-23 Findings of Fact and Decision c. Locate the driveway for Lot 2 to preserve the existing 30-inch maple and the adjacent 32-inch maple on Old Farm Road. 4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 8. The final plat plan (Plat of Survey) shall be recorded in the land records within 180 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 South Burlington GIS Coordinator. 9. The mylar must be recorded prior to zoning permit issuance. 10. There shall be no use of herbicides, pesticides, and/or non -organic fertilizers within either the wetlands or the associated buffers. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a "Notice of Conditions" to this effect which has been approved by the City Attorney. 11. There shall be no mowing within 50 feet of the wetlands on the property. Brush -hogging will be allowed no more than three (3) times per year. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a "Notice of Conditions" to this effect which has been approved by the City Attorney. 12. The wetland buffer area must not be turned into lawn. 13. The future building on Lot 2 must have a maximum height of 28 feet or less at the midpoint between the eaves and the highest point of the roof, or the highest point of the roof if the roof is flat or mansard. 14. Any driveway for Lot 2 shall be located off Old Farm Road. Pt.ANNINC & ZONINC 5of6 Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 6 — 0 — 0 Signed this 133 day of November 2017, by Bill Miller, Chair SD-17-23 Findings of Fact and Decision Not Present Not Present Not Present Not Present Not Present Not Present PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. southl) rt,�tan,w� � zaFr��i€ta 6of6