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HomeMy WebLinkAboutSD-03-41 - Decision - 0000 Quarry Hill Road#SD-03-41 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary plat application #SD-03-41 of John Larkin for the subdivision of a 25.67 acre lot into three (3) lots of 3.62 acres (lot #1), 6.38 acres (lot #2), and 15.67 acres (lot #3), Quarry Hill Road. On the 291h day of July 2003, the South Burlington Development Review Board approved the request of John Larkin for preliminary plat approval under Section 15.08 (B) of the South Burlington Land Regulations, based on the following findings: 1) This project consists of subdividing a 25.67 acre lot into three (3) lots of 3.62 acres (lot #1), 6.38 acres (lot #2), and 15.67 acres (lot #3). The sketch plan was reviewed on 2/18/03. 2) This application is to correct a zoning violation whereby the owner of the 25.67 acres subdivided and conveyed lots # 1 and #2 to the applicant without subdivision approval. 3) The owners of record of this property are Cupola Golf Course and John Larkin. 4)Access: Access to the subdivision is proposed via a new City street built to City Standards extending from Spear Street to East Terrace. A portion of this street is currently a private street known as Quarry Hill Road serving a single-family dwelling, a multi -family dwelling, a 77-unit multi -family complex known as Horizon Heights, and in indoor and outdoor recreational facility known as the Quarry Hill Club. 5) A reserved section of the street is proposed to connect to the Staples Plaza property. This connection is not proposed to be constructed at this time. 6)Lot size: All three (3) lots meet the minimum lot size requirement for the R7 and R12 Districts. 7)Zoning Districts: These plan do not accurately reflect the zoning district boundary lines or the zoning districts for the property being subdivided. The final plat plans should accurately reflect the zoning districts and the zoning district boundary lines. 8)Wetlands: The City's wetlands map indicates that there are some wetlands on this property. The final plat submittal should either provide a statement from a wetlands expert that there are no wetlands on this property or show the wetlands and the buffer on the plans. If wetlands do exist on the property and encroachment into the wetlands or buffer is proposed, a report addressing the criteria in Section 12.02 (E) (2) & (3) of the Land Development Regulations should be submitted. 9) Street trees: The final plat plans should include street trees as required under Section 13.06 (F) (3) of the Land Development Regulations. 10) PUD Report: The final plat submittal should include a written report addressing the PUD criteria under Section 15.18 (A) of the Land Development Regulations. 11) Certificate of Title: The final plat submittal should include a Certificate of Title to be approved by the City Attorney as required under Section 15.17 of the Land Development Regulations. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-03-41 of John Larkin for the subdivision of a 25.67 acre lot into three (3) lots of 3.62 acres (lot #1), 6.38 acres (lot #2) and 15.67 acres (lot #3), entitled "Quarry Hill Subdivision South Burlington, Vermont Site Plan", prepared by Llewellyn -Howley, Inc., dated 6/23/03, with the following stipulations: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. The plans shall be revised prior to final plat submittal as follows: a. The plans shall be revised to accurately reflect the zoning district boundary lines. b. The plans shall be revised to show all wetlands and associated wetland buffers on the property delineated by a wetland expert. If no wetlands are present on the property, the applicant shall submit a statement to that effect from a wetlands expert. c. The final plat plans shall show street trees as required under Section 13.06 (F) (3) of the Land Development Regulations. 3. The final plat submittal shall include a written report addressing the PUD criteria under Section 15.18 (A) of the Land Development Regulations. 4. The final plat submittal shall include a Certificate of Title to be approved by the City Attorney as required under Section 15.17 of the Land Development Regulations. 5. The final plat application shall be submitted with twelve (12) months. /? E lti/f✓'li 'J ` / 1. 3 Chairman or Date South Burlington Development Review Board 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 $150.00. 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 this decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).