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HomeMy WebLinkAboutSD-01-46 - Decision - 1200 Dorset Street#SD-of-46 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary plat application #SD-01-46 of Paul Heald to subdivide a 5.32 acre lot into six (6) lots ranging in size from .032 acres to 1.32 acres, Izoo Dorset Street. On the 18th day of September 2ooi, the South Burlington Development Review Board approved the request of Paul Heald for preliminary plat approval under Section 203 of the South Burlington Subdivision Regulations based on the following findings: i. The owner of record of this property is Paul Heald. z. This project consists of subdividing a 5.32 acre parcel into six (6) lots ranging in size from 0.32 acres to 1.32 acres. The sketch plan was reviewed on 7/10/01. 3. This property located at Izoo Dorset Street lies within the Southeast Quadrant Zoning District. It is bounded on the west by Dorset Street, and on the north, south and east by residences. 4. Access: Access is proposed via a proposed public street with a 6o foot right-of- way. This street will be constructed to city standards with the exception of a sidewalk. Staff recommended that a sidewalk be constructed. Lot #4 has no frontage and will be accessed by a private street with a 35 foot right-of-way. The existing access to the dwelling will be eliminated. The final plat should include a street name and the lots addressed using the E9ii addressing system. 5. Lot Size/Frontage: The minimum lot size requirement of I2,000 sq. ft. and the minimum frontage requirement of 85 feet are being met with the exception of lots #z and #3. 6. Section 25.io6 of the zoning regulations allows the Board to reduce the frontage requirements for lots on the outside curved portions of a cul-de-sac to 5oa/a of the normal frontage requirements if it determines that such reduction would improve lot layout. 7. Sewer: The sewer allocation request is 2911 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 8. Landscaping_ Street trees are proposed as required. They have an estimated value of $5274. 9. Lighting_ Two (z) street lights are proposed. io. Impact Fees: The applicant should expect to pay road, recreation, school and fire impact fees. II. Restricted Area: Section 6.502 of the Zoning Regulations prohibits land located in a restricted area from being included in any lot created for residential development. Portions of lots #i and #5 are located in the restricted area. The Page #z Board may approve this proposal with appropriate restrictions. The applicant is proposing that only the side yard setback areas of these lots be within the residential area. Staff felt this was an adequate restriction. iz. PUD Report: The applicant should submit a written report addressing the PUD criteria under Section 26.151 of the Zoning Regulations with the final plat submittal. 13. C.O. District: A portion of the property along the easterly boundary is within the C.O. District along a regulated wetland. No development is proposed within this area. A Significant portion of lots #I-4 are within this C.O. District/wetland buffer. Staff recommended that a solid evergreen buffer or fence be place along the C.O. District/wetland buffer to prevent mowing and/or disturbance of this sensitive area. DECISION & CONDTIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-or-46 of Paul Heald for a planned residential development to subdivide a 5.32 acre lot into six (6) lots ranging in size from 0.32 acres to 1.32 acres, izoo Dorset Street, as depicted on a ten (io) page set of plans, page one (i) entitled "Landscaping Grading & Layout Plan", prepared by Civil Engineering Associates, Inc. dated August, z000, with the following stipulations: i. All previous approvals and stipulations that are not superseded by this approval shall remain in effect. z. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, all appropriate legal documents including easements (e.g. irrevocable offer or dedication and warranty deed for the proposed public road, utility, sewer, drainage and water, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3. Prior to the start of construction of the improvements described in condition #z above, the applicant shall post a bond that covers the cost of said improvements. 4. In accordance with Section 301.5 of the Subdivision Regulations, within 14 days of completion of the required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as built" construction drawings certified by a licensed engineer. 5. The plans shall be revised prior to final plat submittal as follows: Page #3 a. The plans shall be revised to provide a street name for the new street and E-91I addresses for the six (6) lots. b. The plans shall be revised to show a sidewalk along the proposed public street. c. The landscaping plan shall be revised to incorporate the City Arborist's recommendations. d. The plans shall be revised to depict either a solid evergreen buffer or fence along the C.O. District/wetland buffer on lots one though four (4) to prevent mowing and/or disturbance of this sensitive area. 6. The Development Review Board approves a sewer allocation of 2,9H gallons per day. 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 6o) 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. 7. The removal of vegetation within the C.O. District located on lots one through four shall be prohibited. 8. The applicant shall post a $5,274 landscape bond for street trees prior to the start of construction. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 9. Pursuant to Section 25.io6 of the Zoning Regulations, the Board allows the reduction of the frontage requirements for lots two (z) and three (3) provided the frontage of each individual lot is not less than fifty percent (5o0/0) of the required 85 foot minimum. io. Pursuant to Section 6.502 of the Zoning Regulations, the board allows portions of lots one and five to be located in a restricted area. It is the Board's opinion that theses areas will be restricted by reason of being within a side yard setback area. ii. The final plat submittal shall include a written report addressing the Planned Residential Development criteria in Section 26.151 of the Zoning Regulations. 12. The final plat application 14all be submitted within twelve (12) months. Chair/c,k-4,. 0 South Bu gton D velopment Review Date ' �` C l 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 (d) (exclusivity of remedy finality).