HomeMy WebLinkAboutSD-03-57 - Decision - 0089 Springhouse RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SKIFF — 3-LOT SUBDIVISION AMENDMENT
FINAL PLAT APPLICATION #SD-03-57
FINDINGS of FACT AND DECISION
Robert and Marjorie Skiff, hereafter referred to as the applicants, are requesting final approval
to resubdivide a 12.77 acre lot into 3 lots, measuring 5.35 acres, 5.31 acres, and 2.11 acres.
The subject property is located in the Southeast Quadrant (SEQ) off of Swift Street. The
South Burlington Development Review Board held a public hearing on September 16, 2003.
Andy Rowe represented the applicant.
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. The applicants are requesting final approval to resubdivide a 12.77 acre lot into 3 lots,
measuring 5.35 acres, 5.31 acres, and 2.11 acres.
2. The owners of record are Robert and Marjorie Skiff.
3. The subject property contains 12.77 acres and is located in the Southeast Quadrant (SEQ)
off of Swift Street.
4. The plans consist of one (1) sheet entitled "3 Lot Subdivision Plat", prepared by
Lamoureux and Dickinson on April 2, 2001, last revised on May 23, 2003, and one (1) sheet
entitled "Site Plan — 3 Lot Residential Subdivision", prepared by Lamoureux and Dickinson
on April 2, 2001, last revised on May 23, 2003.
5. The project originally received final approval from the Development Review Board on
September 18, 2001 subject to 11 conditions. The original approval created 3 lots measuring
7.54 acres, 3.13 acres, and 2.11 acres.
6. The Development Review Board approved a sewer allocation of 2,010 GPD on September 18,
2001.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Zoning District
Required
Proposed
Min. Lot Size
12,000 ft.2
91,912 ft.
of #3
Max. Density
1.2 units/acre
0.47 units/acre
(Lot #3)
4 Max. Building Coverage
150
<30%
4 Max. Overall Coverage
30%
<40%
Min. Front Setback
20 ft.
20 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
30 ft.
Max. Building Height
40 ft.
<40 ft.
zoning compliance
zoning discrepancy
When the original proposal to subdivide this property into 3 parcels was approved, the old
South Burlington Zoning Regulations were in effect, which required a 30% maximum
building coverage and a 40% maximum overall coverage in the SEQ. The plans for the
resubdivision of this property still account for the old coverages in Sheet l of the Site Plan.
The applicant should revise Sheet 1 of the Site Plan to indicate that the building coverage and
overall coverage will comply with the Table C-2 of the South Burlington Land Development
Regulations.
SUBDIVISION CRITERIA
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
acceptable pressure.
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. Prior to final plat approval, the City Engineer shall certify that available
sewer capacity is sufficient to serve the proposed subdivision.
The proposed alteration to the subdivision boundary will not alter the wastewater disposal of the
property from what was previously approved, on September 18, 2001. Therefore, the same
stipulations remain in effect for the proposed resubdivision.
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
This criterion is not applicable to the proposed resubdivision.
The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
Access to this property is currently provided by a 30' wide private right-of-way from Swift
Street, known as Springhouse Road. The applicant has proposed using this right-of-way and
extending the road, with a width of 18', to serve Lot #2. This private ROW currently provides
access to three (3) single-family dwellings. According to Section 15.12(C) of the South
Burlington Land Development Regulations, a roadway that serves four (4) or more separate
developable residential lots shall be constructed to public roadway standards. The applicant
requested a waiver from this requirement. The Development Review Board approved this
waiver in its decision for the previously approved subdivision, dated September 18, 2001. This
waiver will not need to be granted again by the Development Review Board. Circulation patterns
will not change through the proposed resubdivison of this property. Traffic management
mechanisms will not be required for this subdivision.
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.
This criterion is not applicable to the proposed subdivision, as the site does not contain any of the
above -mentioned natural resources.
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 Board feels the proposed resubdivision is visually compatible with the planned development
pattern in the area and is in conformance with the stated purpose of the SEQ, as outlined in
Section 9.01 of the South Burlington 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
The Board feels this requirement is met through the proposed resubdivision.
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
The proposed resubdivision of this property will not alter fire protection or create any additional
fire hazards.
Roads, recreation paths, stormwaterfacililies, 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 design and layout of these services and infrastructure will not be altered from the originally
approved subdivision, and therefore should be acceptable to the Development Review Board.
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 design and layout of these services and infrastructure are compatible with the City's utility
and roadway plans.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Board feels the proposed resubdivision of this property is in conformance with the South
Burlington Comprehensive Plan.
Landscaping.
According to Section 13.06(F)(3) of the South Burlington Land Development Regulations the
Development Review Board shall require street trees to be planted sixty feet on center on both
sides of the street, on average and there should be a minimum of two (2) street trees per lot.
Also, the Regulations state the applicant shall submit a landscaping phasing plan with the
subdivision application. The plans depict at least two (2) trees per lot. The plans show the
landscaping as previously approved. The proposed resubdivision does not require additional
landscaping.
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 evaluating lot proportions. Square or roughly square lots shall not be approved.
With regard to this criterion set forth by the South Burlington Land Development Regulations,
there are some concerns about the layout of lot #3. However, this lot, as depicted on the plans,
was previously approved by the Development Review Board. The lot that will be altering (lot
#2) will comply more closely with the South Burlington Land Development Regulations through
this proposal, as it will become rectangular rather than square.
C
SEQ Restricted Area
Portions of Lots #l, 2, and 3 are located within the Restricted Area of the SEQ. However, the
two building envelopes of the undeveloped parcels are shown to be completely within the
Development Area of the SEQ. According to Section 9.06 of the South Burlington Land
Development Regulations, land located within a designated restricted area shall not be included
in any lot created for residential purposes. However, as a condition of approving a subdivision
of land that results in the creation of a lot located in a Restricted Area, the Development Review
Board may require the recording of a notice of appropriate restrictions regarding such a lot in the
land records. The Development Review Board, as part of the previous approval, allowed
portions of these lots to be located in a Restricted Area. This proposed resubdivision does not
affect this stipulation.
DECISION
Motion by , seconded by � t �. l �� p e r N+" to
approve Final Plat Application #S-03-57, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. The applicant shall comply with the requests of the South Burlington Water Department, as
outlined in the letter from Jay Nadeau dated June 8, 2001.
4. The applicant shall be required to pay the per gallon sewer fee prior to issuance of a zoning
permit.
5. Newly installed utility lines, services, and service modifications shall be underground.
6. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7. The final plat plan shall be recorded in the land records within 90 days of the date of this
motion, or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording. The applicant shall submit a final plat plan in digital format.
Chuck Bolton - e nay/abstain/not present
Mark Boucher - e y/abstain/not�resentJohn Dinklage - yea/nay/absta' of
Roger Farley <CPh/nay/abstain/not present
Michele Kupersmith nay/abstain/not present
Larry Kupferman - e nay/abstain/not present
Gayle Quimby ye nay/abstain/not present
Motion Carried by a vote of Co - 6 -
Signed this =1 S day of September, 2003, by
John Dinklage, Chair