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HomeMy WebLinkAboutSD-16-09 - Decision - 1195 Shelburne Road#SD-16-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ERIC FARRELL-1195 SHELBURNE ROAD FINAL PLAT APPLICATION #SD-16-09 FINDINGS OF FACT AND DECISION Final plat application #SD-16-09 of Eric Farrell to subdivide a 6.67 acre undeveloped parcel into two (2) lots of 2.559 acres (lot #1) and 4.111 acres (lot #2), 1195 Shelburne Road. The Development Review Board held a public hearing on June 21, 2016. The applicant was represented by Eric Farrell. 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 1. The applicant, Eric Farrell, seeks to subdivide a 6.67 acre undeveloped parcel into two (2) lots of 2.559 acres (lot #1) and 4.111 acres (lot #2), 1195 Shelburne Road. 2. The owner of record of the subject property is the David M. Farrell Trust. 3. The application was received on March 31, 2016. 4. The property lies within the Commercial 1-Residential 15 and Commercial 1 with Auto Sales Zoning Districts. 5. The plan submitted consists of two (2) pages with the first page titled "Subdivision Plat Allenwood Inn Road Development" prepared by Civil Engineering Associates, Inc., dated 3/20/16 and received 3/31/16. Zoning District Density Allowances and Dimensional Standards The Commercial 1-1115 and the Commercial 1 with Auto Sales Zoning District Zoning Districts both allow a residential density of fifteen (15) units per acre. Both districts also require at least 3,500 sq. ft. per unit for multi -family housing and 40,000 sq. ft. for all other uses that are allowed in the respective districts. Lot 1 is proposed to be 2.559 acres and Lot 2 is proposed to be 4.111 acres, therefore both lots are greater in size than the minimum requirement. Subdivision Standards 15.10 Lot Layout A. Lots shall be laid out in such a way that they can be developed in full compliance with these land development regulations, and giving consideration to topography, soils, and drainage conditions. B. Except within the City Center FBC District, the following standards shall apply: Corner lots shall have extra width to conform to setbacks on each street. No subdivision showing any reserved strips shall be approved. A width to length ratio of one to five (1:5) shall be used as a guideline #S D-16-09 by the Development Review Board in evaluating lot proportions. Developments consisting predominantly of square or roughly square lots or lot with an excessive length to width ratio (i.e. spaghetti lots) shall not be approved. Lot 1 will have a ratio of approximately 1:2 and Lot 2 will have a ratio of approximately 1:3. Neither lot is considered predominantly square or as having an excessive length to width ratio. The Board finds that the proposed lots have appropriate width to length ratios. Access In accordance with Section 3.05(B): (2) The Development Review Board may approve subdivision or development of lots with no frontage on a public street, as long as access to such a street by a permanent easement or right- of-way at least twenty (20) feet in width is provided, according to the following procedures: (a) ... (b) ... On the subdivision plat submitted by the applicant there is shown a proposed easement (60.13 feet in width) that would serve the applicant by allowing ingress and egress across the abutting property from Fayette Road. There is also shown a proposed irrevocable offer of dedication to the City of South Burlington for a future street extension leading southerly across Lot 2 to an abutting property. The Board finds access to the proposed lots will be provided for by the proposed easement. DECISION Motion by Matt Cota, seconded by David Parsons, to approve final plat application #SD-16-09 of Eric Farrell, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. 4. Prior to recording the final plat plan, all appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for the proposed public road extension, recreation path, and utility, sewer, drainage, and water, etc.) will be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 5. Prior to recording the final plat plan, the applicant must provide a copy of an easement from Fayette Road to the subject property. 2 #SD-16-09 6. Pursuant to Section 15.17 of the Land Development Regulations, the applicant must submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City to be approved by the City Attorney prior to recording the mylars. 7. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 8. The final plat plan (Subdivision Plat) must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5— 0 — 0. Signed this 22n�lay of June Bill Miller, Vice -Chair 2016, by 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://vermontjudiciary.org/GTC/environmental/default.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