Loading...
HomeMy WebLinkAboutSD-01-36 SD-01-37 - Decision - 0089 Springhouse Road#SD-oi-36 #SD-oi-37 FINDING OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Finding of Fact, preliminary plat application #SD-01-36 and final plat application #SD-01-37 of Robert & Marjorie Skiff to subdivide a 12.85 acre property into three (3) lots of 7.54 acres (lot I), 3.13 acres (lot z), and 2.11 acres (lot 3), 89 Springhouse Road. On the 18`h day of September zoos, the South Burlington Development Review Board approved the preliminary & final plat applications of Robert & Marjorie Skiff under Sections 203 & 204 respectfully of the South Burlington Subdivision Regulations based on the following findings: i. The owners of record of this property are Robert & Marjorie Skiff. z. This project consists of subdividing a 12.85 acre property into three (3) lots of 7.54 acres (lot 0, 3.13 acres (lot z), and 2.11 acres (lot 3), 89 Springhouse Road. The Development Review Board considered the sketch plan application for this property at their March 6, zooi meeting. 3. This property is located within the Southeast Quadrant Zoning District. It is bounded on the north by Swift Street and two single family dwellings, on the west by an undeveloped lot, and on the south and east by single family dwellings. 4. Access: Access to this property is currently provided by a 30 wide foot private r.o.w. from Swift Street known as Springhouse Road. The applicant has proposed using this r.o.w. and extending the road, with a width of 18 feet, to serve one of the new lots. This private r.o.w. currently provides access to three existing single family dwellings. It is required by the Subdivision Regulations that roadways serving four (4) or more separate residential lots shall be publicly owned. The applicant requested a waiver from this requirement. 5. Coverage/Setbacks: The building envelopes are depicted on the plans. All meet setback requirements from the proposed new property lines. 6. Lot size/frontage: The minimum lot size requirement of iz,000 sq. ft. and the minimum frontage requirement of 85 feet are being met. Page #z 7. Restricted area: The plans illustrate the building envelopes, development area, and restricted area. No development is proposed in the restricted area. Portions of lots #i, #z, and #3 will be located in a restricted area. Section 6.502 of the Zoning Regulations prohibits land development. This section does allow the Board to approve portions of lots in a restricted area with the recording or a notice of appropriate conditions. The applicant has requested a waiver from this requirement under Section 6.6o6 of the Zoning Regulations and has submitted a report addressing the criteria of this waiver (see enclosed). 8. Sewer: The applicant has requested a sewer allocation of z,oio g.p.d. The applicant should expect to pay the per gallon fee. 9. Landscaping_ Section 412.4 of the Subdivision Regulations requires two street trees be planted for each lot created. This requirement is being met. io. Lighting: The applicant requested not to install street lighting. Staff recommended that this waiver be granted under Section 513.1 of the Subdivision Regulations. ii. Impact Fees: The applicant should expect to pay road, recreation, school, fire, and all other applicable impact fees. iz. Other: The applicant submitted a report addressing Planned Residential Standards in Section 26.15 of the Zoning Regulations. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-01-36 and final plat application #SD-or-37 of Robert & Marjorie Skiff to subdivide a iz.85 acre property into three (3) lots of 7.54 acres (lot I), 3.13 acres (lot z), and z.ii acres (lot 3), 89 Springhouse Road, as depicted on a four (4) page set of plans, page one (i) entitled, "Lands of Robert & Marjorie Skiff Springhouse Road, South Burlington," prepared by Lamoureaux & Dickinson Consulting Engineers, Inc., dated 4/2/01, last revised on 9/13/01 with the following stipulations: i. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. z. Pursuant to Section 513 of the Subdivision Regulations, the Board waives Sections 401-I (j) of the Subdivision Regulations and approves a private street serving five (5) separate residential lots. 3. Prior to recording the final plat plans, the applicant shall record an easement allowing access to the private water line approved by the City Attorney. Page #3 4. The plat plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Four (4) copies of the approved revised plat plans shall be submitted to the Director of Planning & Zoning prior to recording. a. The applicant shall comply with the City Arborist's recommendations for this project. b. The final plat plans shall be revised to provide street numbers for the development based on the E9ii addressing system. 5. Pursuant to Section 513.1 of the Subdivision Regulations, the Board grants a waiver from Section 4o8 of the regulations from the requirements to install street lighting. 6. Pursuant to Section 6.502 of the Zoning Regulations, the Board approves the subdivision of land which results in the portions of three (3) lots which are located in a restricted area. 7. The Development Review Board approves a sewer allocation of zoio g.p.d. The sewer allocation shall remain in effect for ten (io) years from the date of final plat approval. Any lots which have not been developed within ten (1o) years shall lose their allocation unless reapproved by the Development Review Board. The applicant shall be required to pay the per gallon fee prior to permit issuance. 8. The ownership and maintenance of the sewer lines shall be described in the Sewage Service Agreement, Waiver, and Easement, approved by the City Attorney. 9. The sewer manhole invert shelf shall not be for the entire pipe diameter not .6o in plans shown. io. Any change to the final plat plans shall require approval of the South Burlington Development Board. ii. The final plat plans (sheet i and survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board 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 Director of Planning & Zoning. Chair or �ler1C" a - South Burlin Development Review Board Date �� Page #4 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. 4471 and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $i5o.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 V.S.A. 4472 W (exclusivity of remedy; finality).