HomeMy WebLinkAboutSD-07-59 SD-07-60 - Decision - 0010 Cheesefactory Lane5
#SD-07-59
#SD-07-60
CITY OF SOUTH BURLINGTON
FINDINGS OF FACT AND DECISION
LEDUC FARM, INC. -10 CHEESEFACTORY LANE
PRELIMINARY PLAT APPLICATION #SD-07-59
FINAL PLAT APPLICATION #SD-07-60
FINDINGS OF FACT AND DECISION
The Leduc Farm, Inc., hereafter referred to as the applicant, is seeking preliminary and
final plat approval to: 1) subdivide five (5) lots, and 2) adjust property lines of three (3)
lots, Cheesefactory Road & Cheesefactory Lane.
The Development Review Board held a public hearing on Tuesday, October 2, 2007.
David Marshall 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 applicant is seeking preliminary and final plat approval to: 1) subdivide five
(5) lots, and 2) adjust property lines of three (3) lots, Cheesefactory Road &
Cheesefactory Lane.
2) The owner of record of the subject property is Leduc Farm, Inc.
3) The subject property is located in the Southeast Quadrant — Natural Resource
Protection (SEQ-NRP) Zoning District.
4) The plans submitted consist of a ten (10) page set of plans, page one (1) entitled,
"Subdivision Plan Cheese Factory Road Shelburne & South Burl. Vermont",
prepared by Civil Engineering Associates, Inc., dated June 2007, last revised on
9/10/07.
5) A more detailed summary of the project is as follows:
A. Subdivide the 11.3 acre lot of Norm and Jeanne Leduc on the east side of
Cheesefactory Lane into three (3) lots.
i. New Lot 1, 2.0 acres;
ii. New Lot 2, 1.7 acres; and
iii.Remaining portion as Lot 3 (existing farmhouse), 8.0 acres.
B. Subdivide the 10.2 acre Leduc Farm Reserved Parcel (Maurice Leduc) on the
west side of Cheesefactory Lane into two (2) lots.
i. Retaining portion as Lot 6, 3.0 acres (existing farmhouse);
ii. New Lot 7, 7.2 acres.
-1—
#SD-07-59
#SD-07-60
C. Boundary adjust 2.17 acres from Lot 4 to Francis Leduc leaving 37.85 acres.
D. Boundary adjust 1.66 acres (1.62 acres in the City of South Burlington) from
Lot 5 to Ray & Corrine Fay; and
E. Boundary adjust 2.25 acres (1.33 acres in the City of South Burlington) from
Lot 5 to Emmanuel Leduc with 48.1 acres remaining (46.67 acres in South
Burlington).
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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 standards for this criterion are found below in a review of the regulations of the
Southeast Quadrant.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is very much in conformance with the South
Burlington Comprehensive Plan, specifically the sections relating to Natural Resource
Protection and Conservation.
Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subiect to the provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the
entire Southeast Quadrant Zoning District.
Pursuant to Section 9.12 of the South Burlington Land Development Regulations, any lot
that lies entirely within a SEQ-NRP sub -district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space
or to a qualified land trust and shall not be developed with a residence, or
-2—
l
#SD-07-59
#SD-07-60
(2) Such lot may be developed with a residence or residences pursuant to a
conservation plan approved by the Development Review Board
(3) Such lot may be developed with uses other than residences, as listed in Table C-1,
subject to the Development Review Board's approval of a conservation plan that
balances development or land utilization and conservation. Such lot may include the
following additional development/activities:
(a) Driveways, roads, underground utility services or thither appurtenant
improvements to serve approved development or uses. Utility services
components such as transformers and amplifiers may be installed at ground level
where such accords with standard industry practices;
(b) Landscaping, regarding, or other similar activities necessary to the creation of a
buildable lot.
At this time, no new buildings are proposed. After the lots are subdivided, the property
owners may be developed with a single family detached house Pursuant to Section
9.12(B) of the South Burlington Land Development Regulations.
�J DECISION p
Motion by 6 L�Q6((/� seconded by a/\ Edz�
,
to approve Preli inary Plat Applicati n #SD-07-59 and Final Plat Application SD-07-60
of Leduc Farm, Inc., 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
4. Any changes to the final plat plan shall require approval by the South Burlington
Development Review Board.
5. The final plat plan (survey plats) shall be recorded in the land records within 180
days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plats in digital format. The format of
the digital information shall require approval of the Director of Planning and
Zoning.
-3—
#SD-07-59
#SD-07-60
Mark Behr ye nay/abstain/not present
Matthew Birmingham — re /nay/abstaiaw
t resent
John Dinklage — ea/nay/abstain of resent
Roger Farley — e ay/abstain/not presen
Eric Knudsen — e ay/abstain/not pres
Peter Plumeau — /nay/abstai no resent
Gayle Quimby —(Rnay/abstain/not present
Motion carried by a vote of S- & - d
Signed this Zr'0 day ��'�bE �— 2007, by
Mark Behr, Vice Chairman
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).
-4—