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Home My WebLink AboutSD-13-26 - Decision - 0020 0025 Palmer Court#SD-13-26 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALAN & CHRISTINE PALMER — 20 & 25 PALMER COURT SUBDIVISION APPLICATION #SD-13-26 FINDINGS OF FACT AND DECISION Alan & Christine Palmer, hereinafter referred to as the applicants, are seeking final plat approval to: 1) subdivide a 3.19 acre parcel developed with a commercial building into two (2) lots of 1.46 acres and 1.73 acres, and 2) combine the 1.73 acre parcel with an adjacent 2.1 acre parcel developed with a commercial building to create a 3.83 acre parcel, 20 & 25 Palmer Court. The Development Review Board held a public hearing on September 17, 2013. Alan Palmer represented the applicants. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT The applicants are seeking final plat approval to: 1) subdivide a 3.19 acre parcel developed with a commercial building into two (2) lots of 1.46 acres and 1.73 acres, and 2) combine the 1.73 acre parcel with an adjacent 2.1 acre parcel developed with a commercial building to create a 3.83 acre parcel, 20 & 25 Palmer Court. 2. The owners of record of the subject property are Alan & Christine Palmer. 3. The subject property is located in the Mixed Industrial & Commercial Zoning District. 4. The application was received on August 5, 2013. 5. The plans submitted consist of a one (1) page plan entitled "Final Plat Boundary Line Adjustment between Alan D. Palmer & Alan M. E. Morcelino #20 & #25 Palmer Heights South Burlington, Vermont". prepared by Vermont Land Surveyors, Inc., dated October 2012, last revised July 2013. 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. No changes are proposed in the uses on the two lots. 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. -1— FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_26_20&25Pal merCourt_PaImer_final_ffd.doc #SD-13-26 No construction activity is proposed. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. No changes are proposed in the uses on the two lots. 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. Muddy Brook is located to the east-southeast of both parcels. Development on both parcels is located beyond the City's 100 ft. Surface Water Protection Overlay District. 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. 6. The Board finds that the proposed subdivision of this property is compatible with the planned development patterns of the Mixed Industrial & Commercial Zoning District. 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. Open space areas remain between the developed area of the parcels and Muddy Brook. 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. No new structures are proposed 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. No changes are proposed. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. No changes are proposed. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 7. The Board finds that the proposed boundary line adjustment between the two properties is in conformance with the South Burlington Comprehensive Plan. -2— F1USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_26_20&25Pal merCourt_PaImer_final_ffd.doc #SD-13-26 DECISION Motion by Tim Barritt, seconded by Jennifer Smith, to approve final plat application #SD-13-26 of Alan & Christine Palmer subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 4. No zoning permit shall be issued until the final plat plan (mylar) has been recorded in the land records. 5. The final plat plan (survey plat) 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 Planning Staff. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present Motion carried by a vote of 4 — 0 — 0 Signed this`? tt` day of 0�/fab�v 2013, by Art K ugo, Vice Chairman 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 to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also 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 802-828-1660 or http://vermont*udiciary.org/GTC/environmental/defauIt.aspx 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 802.879.5676 to speak with the regional Permit Specialist. -3— FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SD_13_26_20&25Palm erCourt_Palmer_final_ffd.doc