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HomeMy WebLinkAboutAD-23-01 - Decision - 0500 Old Farm Road # AD-23-01 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING O’BRIEN EASTVIEW, LLC – 500 OLD FARM ROAD MINOR LOT LINE ADJUSTMENT APPLICATION #AD-23-01 FINDINGS OF FACT AND DECISION O’Brien Eastview, LLC, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 102.6 acre planned unit development of 155 homes in single family, duplex, and three-family dwellings on eleven (11) lots totaling 23.9 acres, twenty-four (24) commercial development lots totaling 39.8 acres, and 25.2 acres of undeveloped or recreational open spaces, 500 Old Farm Road. The proposal is to modify the footprint lots on Lots 37-1, 37-2, 37-3, 35-11, 35-12,35-13, 35-14, 35-15, 34-8 and 34-10, 500 Old Farm Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicants are seeking approval for a minor boundary line adjustment by modifying the footprint by increasing the depth of the lots on Lots 37-1, 37-2, 37-3, 35-11, 35-12,35-13, 35- 14, 35-15, 34-8 and 34-10, 500 Old Farm Road. 2. The owner of record of the subject property is O’Brien Eastview, LLC. 3. The subject property is located in the Residential 1-PRD Zoning District. 4. The application was received on October 13, 2023. 5. The plat submitted is entitled, “Final Plat-Footprint Lots Hillside at O’Brien Farm Eastview”, prepared by Krebs & Lansing Consulting Engineers, Inc., with a last revised date of 09/25/2023. DIMENSIONAL REQUIREMENTS 6. All area and dimensional requirements will continue to be met. PURSUANT TO SECTION 15.19(B) OF THE LAND DEVELOPMENT REGULATIONS: 8. NO NEW LOTS ARE CREATED THROUGH THIS ADJUSTMENT. The boundary line adjustment will not result in the creation of any new lots. This boundary line adjustment is occurring to adjust the footprint lots by increasing the depth of Lots 37-1, 37-2, 37-3, 35-11, 35-12,35-13, 35-14, 35-15, 34-8 and 34-10. The modification does not result in the creation of any new lots. This action would create non-conforming lots (being of insufficient individual size and not meeting maximum building or lot coverage requirements) and therefore will not be considered # AD-23-01 2 individual lots for the LDRs. For purposes of the LDRs, the footprint lots included in this proposal shall be considered one lot with Lots 34 & 35 as approved previously. The applicant will be required to record a “Notice of Condition” to this effect which has been approved by the City Attorney prior to recording the final plat plan. 9. THE SALE OR EXCHANGE OF PARCELS OF LAND IS BETWEEN ADJACENT PROPERTY OWNERS. The subject parcels are all owned by the same owner. 10. THE RELOCATION OF THE LOT-LINE DOES NOT RESULT IN THE CREATION OF A NON- CONFORMING LOT, STRUCTURE OR USE. As noted above, footprint lots are not recognized by the City of South Burlington. The lots containing the footprint lots, Lots 34 & 35, are in conformance with the City of South Burlington Land Development Regulations, Article 15 Subdivision and Planned Unit Development, Section 15.19 Minor Lot Line Adjustments. 11. THE PROPOSED CHANGE DOES NOT VIOLATE ANY CONDITIONS IMPOSED FROM PRIOR MUNICIPAL APPROVAL. This lot line adjustment does not violate any conditions of any prior approval. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves Minor Lot Line Adjustment Application #AD-23-01, to 1. All previous municipal approvals and stipulations which are not superseded by this approval will remain in effect. 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 as modified herein. 3. The final plat plan must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Administrative Officer prior to recording. 4. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. 5. For purposes of the LDRs, the lots included in this subdivision shall be considered one lot with Lots 34 & 35 as approved previously. The applicants shall record a “Notice of Condition” to this effect which has been approved by the City Attorney prior to recording the final plat plan. 6. Any change to the plat plan will require approval by the South Burlington Development Review Board or the Administrative Officer. # AD-23-01 3 Signed on this 9thday of November, 2023 Betsy Brown, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the Regional Permit Specialist.