HomeMy WebLinkAboutSD-05-68 SD-05-69 - Decision - 1751 Spear StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOSEPH & SUSA N MACK - 1751 SPEAR STREET
PRELIMINARY PLAT APPLICATION #SD-05-68
FINAL PLAT APPLICATION #SD-05-69
FINDINGS OF FACT AND DECISION
Joseph and Susan Mack, hereafter referred to as the applicants, are seeking preliminary
and final plat approval to subdivide two (2) lots with one (1) of the lots developed with a
single family dwelling into three (3) lots of 1.34 acres (lot #1), .092 acres (lot #2), and
1.41 acres (lot #4), 1751 Spear Street. The Development Review Board held a public
hearing on September 6, 2005. Bob Gallo represented the applicants.
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 finds, concludes, and decides the following:
FINDINGS OF FACT
1. Joseph and Susan Mack, hereafter referred to as the applicants, are seeking
preliminary and final plat approval to subdivide two (2) lots with one (1) of the lots
developed with a single family dwelling into three (3) lots of 1.34 acres (lot #1),
.092 acres (lot #2), and 1.41 acres (lot #4), 1751 Spear Street.
2. The owner of record of the subject property is Ruth Trevithick Trust.
3. The subject property is located in the Residential 1 (R1) Zoning District and the
Bartlett Brook Overlay District.
4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled,
"Ruth Trevithick 1751 Spear St. So. Burlington,VT. Lot 4 Subdivision Plat",
prepared by Trudell Consulting Engineers, dated 4/25/05, last revised on
7/20/05.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R1 Zonin District
-Required
I Proposed
Lot 1
Lot 2
Lot 4
�l Min. Lot Size
40,000 SF
58,370 SF
40,075 SF
61,419 SF
�l Max. Density
1 unit/acre
n/a
n/a
n/a
�l Max. Building
Coverage
15%
6%
0%
0%
� Max. Overall
Coverage
25%
9.1 %
11.1 %
7.5%
� Min. Front
Setback
50 ft.
> 50 ft.
>50 ft.
>50 ft.
�l Min. Side Setback
25 ft.
> 25 ft.
>25
>25 ft.
�I Min. Rear
Setback
30 ft.
> 30 ft.
n/a
>30 ft.
4 zoning compliance
n/a this property has two front setbacks and no rear setback.
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.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at an acceptable pressure.
The South Burlington Water Department has reviewed the proposed water lines and
provided comments in a letter dated June 24, 2005.
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 City Engineer has reviewed the proposed sewer lines and his comments are in a June
9, 2005 memo.
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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.
The applicants have submitted acceptable plans for erosion control.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
The proposed subdivision and its related private drive are located more than 400 yards
from the next roadway entering or exiting Spear Street. The additional lot will not cause
congestion of any adjacent roads.
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 indicates that there are no wetlands on the subject
property. However, the property falls within the Bartlett Brook Overlay District.
Section 12.03 (C) (2) applies:
The Development Review Board shall not approve any land development proposal which
must be reviewed under this section unless it includes appropriate storm management
design to prevent an increase over pre -development conditions of the peak discharge and
velocity of stream flow downstream of the development site.
Section 12.03(D) governs the procedures for evaluation:
In order for the City to determine that the standards in section C above are met the
applicant for a land development project shall submit applicable information regarding the
development and storm management design to the City for inclusion into the City's
stormwater hydrology computer model.
The applicants have contracted Heindel and Noyes Inc. to complete the assessment as
outlined in Section 12.03. Heindel and Noyes Inc. has reviewed the site plan and
recommends that the South Burlington Development Review Board approve the
stormwater aspect of the development. Their initial approval is attached. This approval is
acceptable provided the applicants adhere to any recommendations by the consultant and
provided in the final report.
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 proposed subdivision is compatible with the planned development patterns of the R1
Zoning District, as outlined in Section 4.01(A) of the Land Development Regulations.
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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.
The proposed building envelopes are designed to maximize open space in the front of the
homes. This is sufficient to satisfy this criterion.
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.
Previous subdivision of this property required residential sprinklering of units because the
private road was below city public road standards. The Fire Chief specified this as a
requirement for those units and for all units accessed by this private drive. In a memo
dated July 1, 2005, the fire chief has stated that this requirement will be continued as a
stipulation to homes built on lot 4.
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.
The applicants should address the issues of the shared driveway. Previous subdivision of
this lot has resulted in a legal agreement addressing the sharing of Westview Drive. The
applicants should work with the owners of lots 1, 3a, 3b, and 4 regarding the details of the
use and maintenance of the drive. It is the Board's understanding that Ruth Trevithick,
owner of lot 1 and 2, will retain ownership of the Westview Drive, granting access and utility
easements to the occupants of lots 3a, 3b, and 4.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicants are asking that the newly proposed lot 4 utilize Westview Drive for access.
Because this would put the properties over the three -lot maximum for a private drive, the
applicant is also asking that the previously approved access for Lot 2 be relocated to share
an access with Lot 1 on Spear Street. The applicants are also requesting that lot 4 now
utilize Westview Drive with a 20' easement.
The Board supports the proposed relocation of the access for lot 2. This will allow the
property owners to continue with the use of a private drive while still minimizing curb cuts
on Spear Street.
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.
BEIM
Lot Layout
According to Section 15.10 of the South Burlington Land Development Regulations, a
minimum width to length ratio of one to five (1:5) shall be used as a guideline by the
Development Review Board in
shall not be approved. The lot
Other
s
Per Section 3.05(B) of the South Burlington Land Use Regulations, concerning lots with
no public road frontage, this subdivision shall be considered a major subdivision and is
subject to the requirements and major subdivision criteria of Article 15 of the South
Burlington Land Development Regulations.
Q DECISION (�
Motion by 6 A �.� uC /� )l rJ T , seconded by �� 1 � � 1��, ! 64
to approve Preliminary Plat applic tion #SD-05-68 and Final Plat Application #SD-05-69
of Joseph & Susan Mack, subject to the following conditions:
1. 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 applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. The applicants shall comply with the requests of the Water Department as outlined in a
letter from Jay Nadeau, dated June 24, 2005.
4. The applicants shall comply with the requests of the City Engineer as outlined in his
memorandum dated June 9, 2005.
5. The applicant shall adhere to the recommendations of the Heindel and Noyes report
which shall be received by the city prior to receiving zoning permits related to this
subdivision.
6. Any homes built on Lot 4 shall be sprinklered to the satisfaction of the South Burlington
Fire Chief, per a letter dated July 1, 2005. Home inspection may be required by the Fire
Department.
7. The stormwater detention area shall be completed prior to occupancy of the house on lot
#4.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
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9. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
10. The final plat plan (survey plat) shall be recorded in the land records within 180 days.
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 approval of the Director
of Planning and Zoning.
Mark Behr — yea/ ay/abstain �nopresent
Chuck BoltonJ—e
/abstai
John Dinklagey/abstain/not present
Roger Farley /abstain/not present
Larry Kupfermnay/abstain/not present
Gayle Quimbyy/abstain/not present
Motion carried by a vote of T- 0 - O
Signed this day of September 2005, by
John Dinklage, thair
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).
IMI