HomeMy WebLinkAboutSD-03-61 - Decision - 0200 Old Farm RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
O'BRIEN — 3-LOT SUBDIVISION AMENDMENT
FINAL PLAT APPLICATION #SD-03-61
FINDINGS of FACT AND DECISION
Patrick O'Brien, hereafter referred to as the applicant, is requesting approval of a final
subdivision plat amendment at Old Farm Road and Kimball Avenue. Specifically, the
applicant is proposing to separate the shared curb cut access to Lot 1 and Lot 2 into two (2)
separate curb cut accesses. The subject property contains 78.2 acres and is located in the
Commercial 1 (Cl), Residential 1 (R1), and Mixed Industrial Commercial (IC) Districts.
The South Burlington Development Review Board held a public hearing on October 7, 2003.
Scott Homestead 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 approval of a final subdivision plat amendment to separate the
shared curb cut access to Lot 1 and Lot 2 into two (2) separate curb cut accesses.
2. The owners of record are Daniel O'Brien and Leo O'Brien Jr.
3. The subject property contains 78.2 acres and is located in the Commercial I (C1),
Residential 1 (R1), and Mixed Industrial Commercial (IC) Districts, and is located at Old
Farm Road and Kimball Avenue.
4. The plans consist of one (1) sheet entitled "Subdivision Plan, Daniel J. O'Brien and Leo
O'Brien Jr., O'Brien Home Farm, Kimball Avenue and Old Farm Road, South Burlington,
Vermont", prepared by Krebs and Lansing Consulting Engineers, Inc., dated November 18,
1996 and revised July 29, 2003.
5. The subject property received original Development Review Board approval for a 3-lot
subdivision on January 28, 1997.
According to Section 15.12(E) of the Land Development Regulations, the Development
Review Board shall review the proposed application against the following criteria:
(1) The nearest signalized intersection or those intersections specified by the DRB shall
have an overall level of service "D" or better, at the peak street hour, including the
anticipated impact of the fully developed proposed PUD or subdivision. In addition, the
level of service of each through movement on the major roadway shall have a level of
service "D"or better at full buildout.
The levels of service related to the subject property will not alter through the proposed
amendment.
(2) Entrances to PUDs and subdivisions generally shall be separated
by a minimum distance of four hundred (400) feet on either side of a public street, in order
to ensure safe access and traffic movement into and out of the PUD or subdivision.
However, entrances to PUDs and subdivisions may be allowed on opposite sides of a public
street if substantially aligned with each other.
The centerlines of the two (2) proposed curb cuts are separated by four hundred (400) feet.
(3) The location and design of project access shall make provisions for improved access
management and traffic safety. Specifically, the design of PUD and subdivision access
points shall.
(a) Maximize the use of secondary streets for access and circulation.
The Development Review Board concludes that this requirement is met through the proposed
amendment.
(b) Align access points with existing intersections and/or curb cuts.
The proposed access for Lot 1 will use an existing curb cut.
(c) Consolidate existing curb cuts within the PUD property.
The Development Review Board feels the optimal consolidation of curb cuts is the originally
approved plan with a shared access for Lot 1 and Lot 2. However, the Development Review
Board concludes that the separate curb cuts are an adequate access plan for the subject
property. Additionally, the Development Review Board will have review authority over these
curb cuts as part of the review of any development on the sites.
(d) Provide for safe access to abutting properties.
The proposed amendment will not impact access to abutting properties.
(e) Make provisions for safe access, with provisions for appropriate sight distances and
accommodations for high accident locations.
The applicant has stated that some small trees and shrubs will need to be removed to
maximize sight distance from the proposed curb cuts. With the appropriate vegetation
removed, the sight distances for the access to Lot 1 will be over 700 feet to the west and over
800 feet to the east, while the sight distances for the access to Lot 2 will be 450 feet to the
west and over 800 feet to the south.
The Development Review Board concludes that these sight distances are adequate to provide
safe access.
(f) Provide deceleration, acceleration and/or turn stacking lanes as appropriate to meet the
standards in (1) above
The proposed access amendments will not alter the required deceleration, acceleration, or
turning stack lanes from what was previously approved for the subject property.
(g) Provide adequate curb radii to accommodate the anticipated speeds and types of
vehicles.
The Development Review Board concludes that the proposed curb cuts meet the requirements
of figure 15-1 in the Land Development Regulations.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Amendment
Application #SD-03-61, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. The Development Review Board will have review authority over these curb cuts as part of
the review of any development on the sites.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. The final plat plan shall be recorded in the land records within 90 days of the date of this
motion, or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording. The applicant shall submit a final plat plan in digital format.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed this ,/ 0 day of October, 2003, by
John Dinklage, CbaaIr