HomeMy WebLinkAboutSD-98-0000 - Decision - 0353 0355 Patchen RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Summer Woods Community
Association, Inc., to amend two previous subdivision approvals: 1)
subdivision of a 15.11 acre parcel into 2 lots of 14.79 acres and
0.32 acres, and construction of a 38 unit planned residential
development on the 14.79 acre parcel - granted approval on 3/7/89,
and 2) subdivision of a 40,600 square foot lot into 2 lots of 28,
600 and 12,000 square feet- granted approval on 10/17/89. The
amendment consists of creating separate lots under the footprint of
each unit included in the 38 unit PRD and under each duplex unit
located at #9-11 and #15-17, Arbor Road.
On the 13th day of January, 1998, the South Burlington Planning
Commission approved the request of Summer Woods Community
Association, Inc., for revised final plat approval under Section
204 of the South Burlington Subdivision Regulations based on the
following findings:
1. This project consists of amending a plan previously approved on
3/7/89 for a 38 unit planned residential development. Two (2)
duplex units were added to this development subsequent to the
original approval for a total of 42 units in the development. The
amendment consists of subdividing the project area into 42 lots
which are the same size as each unit footprint and three (3) lots
consisting of the remaining common lands. Staff discovered that
each unit was being sold with the land underneath without
subdivision approval. The Association was contacted and requested
to apply for subdivision approval. The sketch plan was reviewed on
8/26/97.
2. This property located on Arbor and Larch Roads lies within the
R4 District. It is bounded on the north by a 92 unit PRD
(currently under development), on the west by undeveloped land, on
the south by residences, Jaycee Park and the rear of commercial
lots along Williston Road, and on the east by Patchen Road.
3, Access: Access is provided by two (2) City streets, Larch Road
and Arbor Road. No changes proposed.
4, Coverage/setbacks: Building coverage, overall coverage and
setbacks limitations will be exceeded on all the 42 footprint lots.
Section 9.404 of the zoning regulations allow the Planning
Commission to modify the maximum building coverage and setback
requirements but not maximum lot coverage. This problem can be
resolved by recording three (3) "Notice of Conditions" (one (1) for
the original project area and one (1) for each of the duplex lots)
indicating that for zoning and planning purposes all the lots are
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to be treated as one (1) lot.
5. Lot size/frontage: The 42 footprint lots will not meet the
9500 square foot minimum lot size requirement and the 80 foot
frontage requirement. Section 9.404 of the zoning regulations
allows the Planning Commission to modify the minimum lot size and
minimum frontage requirements.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington
Planning Commission approves the final plat application of Summer
Woods Community Association, Inc., to amend two previous
subdivision approvals: 1) subdivision of a 15.11 acre parcel into
2 lots of 14.79 acres and 0.32 acres, and construction of a 38
unit planned residential development on the 14.79 acre parcel -
granted approval on 3/7/89, and 2) subdivision of a 40,600 square
foot lot into 2 lots of 28, 600 and 12,000 square feet- granted
approval on 10/17/89. The amendment consists of creating
separate lots under the footprint of each unit included in the 38
unit PRD and under each duplex unit located at #9-11 and #15-17,
Arbor Road, as depicted on a plat entitled, "Building Locations
Summer Woods Arbor & Larch Roads South Burlington, Vermont,"
prepared by Krebs & Lansing Consulting Engineers, Inc., dated
December 5, 1997, last revised 1/5/98, with the following
stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Pursuant to Section 9.404 of the zoning regulations, the
South Burlington Planning Commission modifies the maximum
building coverage and setback requirements for the 42 footprint
lots.
3. Pursuant to Section 9.404 of the zoning regulations, the
South Burlington Planning Commission modifies the minimum lot
size requirement and 80 foot frontage requirement for the 42
footprint lots.
4. Prior to recording the final plat plan, the applicant shall
record three (3) "Notice of Conditions" (one (1) for the original
project area and one (1) for each of the duplex lots) indicating
that for zoning and planning purposes all the lots are to be
treated as one (1) lot. These documents shall be approved by
the City Attorney prior to recording. If in the opinion of the
City Attorney only one "Notice of Condition" is required, then
only one such notice shall be required.
5. Any changes to the plat plan shall require approval of the
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South Burlington Planning Commission.
6. The final plat plan shall be recorded in the land records
within 90 days or this approval is null and void. The plan shall
be signed by the Planning Commission Chair or Clerk prior to
recording. Prior to recording the final plat plans, the
applicant shall submit a copy of the survey plat in digital
format. The format of the digital information shall require
approval of the City Planner.
Chairman or Clerk
South Burlington Planning Commission
Date
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