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HomeMy WebLinkAboutSD-07-79 SD-07-80 - Decision - 0080 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT A. & MARY ALICE IRISH - BARTLETT BAY ROAD PRELIMINARY PLAT APPLICATION #SD-07-79 FINAL PLAT APPLICATION #SD-07-80 Bob & Mary Alice Irish, hereafter referred to as the applicants, are seeking preliminary and final plat approval of a proposal to subdivide a 3.8 acre parcel developed with a single family dwelling into two (2) lots of 1.65 acres (lot A) and 2.15 acres (lot B), 80 Bartlett Bay Road. The Development Review Board held a public hearing on Tuesday, January 8, 2008. Bob Irish was present at the meeting. 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 hereby finds, concludes, and decides the following: FINDINGS OF FACT 1) The applicants are seeking preliminary and final plat approval of a proposal to subdivide a 3.8 acre parcel developed with a single family dwelling into two (2) lots of 1.65 acres (lot A) and 2.15 acres (lot B), 80 Bartlett Bay Road. 2) The owners of record of the subject property are Michael Sirotken & Sally Fox. 3) The subject property lies in the Lakeshore Neighborhood Zoning District, Residential 1- Lakeview Zoning District. 4) The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Sirotkin/Fox Subdivision South Burlington Vermont", prepared by Llewellyn - Howley, Inc., dated Nov 2007, last revised on 12/10/07. I I Zoning District & Dimensional Requirements The subject property is proposed to be subdivided into two different zoning districts. Table 1. Dimensional Requirements LN Zoning District Required Proposed Proposed Parcel A Parcel B Min. Lot Size 12,000 SF 1.65 acres 2.15 acres Maximum Building Coverage 20% 6% TBD qMaximum Overall Coverage 40% 32% TBD q zoning compliance RI -Lakeview Zoning District Required Proposed Proposed Parcel A Parcel B �l Min. Lot Size 14,000 SF 1.65 acres 2.15 acres �l Maximum Building Coverage 15% 6% TBD 4 Maximum Overall Coverage 25% 32%** TBD ** The majority of Parcel A is located within the less restrictive LN Zoning District. For purposes of simplicity, coverage is being assessed for the whole of each parcel and not as each portion relates to each zoning district. Overall coverages are higher for Parcel A simply because Bartlett Bay Road, privately owned by the property owner, is being considered towards this coverage. The building and overall coverages are being respected for each lot, for each zoning district. TBD- No development proposed at this time. Coverages must respect the zoning district limitations and will be assessed as zoning permits are requested and reviewed. 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. There are no new buildings or associated infrastructure proposed for this property as part of this application. 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 preliminary and final plat plans should be revised to show the water line easement for the water line on the applicant's property. 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. Sufficient grading and erosion controls shall 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 project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The existing lot is currently accessed via Bartlett Bay Road. The applicant is proposing to access the new lot B via Lakeview Lane, a private road. At this time, there are already three (3) homes accessed via Lakeview Lane, the maximum for a private road. The applicant shall be required to upgrade Lakeview Lane to a public road, meeting all related public roadway standards prior to the issuance of a zoning permit for the development of Lot B. The plans reflect a public roadway and have been reviewed by the City Engineer and the South Burlington Director of Public Works. The applicant is requesting to modify the public roadway standards to reduce the width of the pavement to 20 feet, with no curbs or sidewalk. 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 City's Official Wetland Map does not indicate any wetlands on the subject property. If there are any, the applicant shall include these on the site plans. There is no adverse impact to the wetlands as a result of this application. 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 has noted that the newly created lot will be targeted for residential development at some future point. The proposed subdivision is compatible with the planned development patterns of the R1-Lakeview Zoning District, as outlined in 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. There are no new buildings proposed for this property as part of this application. 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. This application does not warrant review 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. As stated above, Lakeview Lane must be upgraded to public roadway standards before any development may be commenced on Lot B. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. As stated above, Lakeview Lane must be upgraded to public roadway standards as herein modified before any development may be commenced on Lot B. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision is in conformance with the South Burlington Comprehensive Plan. Other The survey plat contains multiple references to the Town of Georgia. The plat should be revised to remove all such references and shall instead refer to the City of South Burlington. The City Engineer reviewed the plans and provided comments in a memo dated December 27, 2007. The Board supports all recommendations with the exception of item number 1, in reference to City ownership of Bartlett Bay Road. The City does not wish to accept this road unless it is upgraded to City standards. Such a matter is not considered as part of this application or review. The applicant shall adhere to the other comments of the City Engineer. Where applicable the plans shall be revised to adhere to said comments. The Director of Public Works concurs on this matter and supports all other items noted by the City Engineer. DECISION L Motion by G �-� u , seconded by T/F LE to approve Preliniinary Plat Appli tion #SD-07-79 and Final Plat Application #S -07-80 of Robert A. & Mary Alice Irish, subject to the following conditions: 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording. a. The preliminary and final plat plans shall be revised show the water line easement for the water line on the applicant's property. b. The survey plat shall be revised to remove all references to the Town of Georgia and their Planning Commision and shall instead refer to the City of South Burlington and the Development Review Board. c. The plans shall be revised to comply with the requests of the City Engineer as outlined in a memorandum dated December 27, 2007. 4. The applicant shall adhere to the comments of the City Engineer with exception to item number 1, as outlined in a memorandum dated December 27, 2007. 5. Sufficient grading and erosion controls shall 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. 6. The applicant shall upgrade Lakeview Lane to the modified city roadway standards prior to issuance of a zoning permit for any land development on proposed 'Lot B'. 7. The Board approves a reduction in pavement width for Lakeview Lane to 20 ft width with no curbs or sidewalk. 8. Prior to the start of construction of Lakeview Lane, the applicant shall post a bond which covers the cost of said improvements. 9. Prior to the issuance of a zoning permit to construct Lakeview Lane, the applicant shall post an $8300 bond for the street trees. This bond shall remain in effect for three (3) years after the trees have been planted to assure that the trees have taken root and have a good chance of surviving. 10. Any changes to the final plat plan shall require approval by the South Burlington Development Review Board. 11. 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 applicants shall submit a copy of the survey plat in digital format. The format of the digital information shall require the approval of the South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain not rese Matthew Birming m — yea/nay/abstai not present John Dinklage a nay/abstain/not presen Roger Farley nay/abstain/not present Eric Knudsen ye /nay/abstain/not resent Peter Plumeau — /nay/abstain en of pres Gayle Quimby —&nay/abstain/no present Motion carried by a vote of �- - 6) Signed this S/day of 2008, by inklage, C 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).