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Home My WebLink AboutSD-05-45 - Decision - 1630 Dorset StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING J. LARRY & LESLIE WILLIAMS - 1630 DORSET STREET PRELIMINARY PLAT APPLICATION #SD-05-45 FINDINGS OF FACT AND DECISION J. Larry and Leslie Williams, hereinafter referred to as the applicants, are seeking preliminary plat review to subdivide a 7.97 acre parcel developed with a single family dwelling into four (4) lots ranging in size from 4.63 acres to 1.04 acres, 1630 Dorset Street. The Development Review Board held public hearings on July 5, 2005 and September 20, 2005. The applicants were present at the meeting and represented themselves. Based on testimony provided at the above mentioned public hearings 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 seeking preliminary plat review to subdivide a 7.97 acre parcel developed with a single family dwelling into four (4) lots ranging in size from 4.63 acres to 1.04 acres, 1630 Dorset Street. 2. The owners of record of the subject property are J. Larry & Leslie Williams. 3. The subject property contains 7.97 acres and is located in the Southeast Quadrant (SEQ) Zoning District. 4. The plans submitted consist of a five (5) page set of plans, page one (1) entitled, "The Williams Property South Burlington Vermont Site Plan", prepared by Llewellyn -Howley, Inc., dated 12/17/04, last revised on 9/13/05. - 1 - Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed 4 Min. Lot Size 12,000 SF 45,396 SF 4 Max. Density 1.2 units/acre 0.50 units/acre 4 Max. Building 15% 3.5% —Coverage 4 Max. Total Coverage 30% 8% �l Min. Front Setback 20 ft. 20 ft. Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. 30 ft. �l zoning compliance SUBDIVISION CRITERIA Per Section 3.05(B) of the South Burlington Land Use Regulations, concerning lots with no public road frontage, this subdivision shall be considered a major subdivision and will be subject to the requirements and major subdivision criteria of Article 15 of the South Burlington Land Development Regulations. Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: 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 an acceptable pressure. The City of South Burlington Water Department has reviewed the plans for the proposed project, and has made comments in letters dated July 1, 2005 and September 12, 2005. 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. The City Engineer has reviewed the plans and has provided comments in a memo dated June 16, 2005. -2- 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. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The erosion and grading control plan submitted is sufficient. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The applicant is proposing to serve the new lots via a 24' wide paved public roadway. This was agreed to in consultation with the applicant, staff, the Director of Public Works, and the City Engineer and is acceptable for this subdivision and for future possible connections to adjoining properties. A hammerhead turn is proposed for the furthest extent of the road, located at the northern property line. Both staff and the applicant are awaiting review by the fire department regarding the dimensions that shall be required for this turn which would serve emergency vehicles. The applicant has shown a proposed street name for the project. This will require final approval by the planning commission. 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. The subject property does contain Class III wetlands along the easterly side and a pond in the central portion. The proposed building envelopes are completely outside of the existing Class III wetlands and their buffers. However, the proposed roadway will encroach into the buffer of the pond. The Natural Resources Committee reviewed the proposed project on January 6, 2005. They voted unanimously to recommend approval of the proposed project with the following conditions: a. All building envelopes should be located outside of wetlands and/or wetland buffers; b. There should be no pesticide application within the wetland or wetland buffers; c. The road should be located as proposed. 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. -3- The proposed project is compatible with the planned development patterns in the area, as specified by Section 9.01 of the 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 layout of the proposed subdivision protects the existing pond and orchard in the central portion of the property. In addition, the layout of the project provides and open space strip along the easterly side of the property. 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. As noted above, the fire chief shall comment on the size required by the turn -around. Roads, recreation paths, stormwater facilities, 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. A 10' wide recreational path is proposed along the southern boundary of the property. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. 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 consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. 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. While the proposed lots are not in compliance with the one to five ratios, the intent of the criteria is still met. All of the lots are more rectangular than they are square; all of the lots are longer than they are wide. M Restricted Area A portion of the subject property along Dorset Street is within a restricted area, as depicted on the Southeast Quadrant Official Map. The boundary of this restricted area is depicted on the plans. Section 9.06(A) of the Land Development Regulations states that "land located within a designated restricted area shall not be included in any lot created for residential development..." Section 9.06(B) of the Land Development Regulations prohibits new single-family dwellings within the restricted area. The existing dwelling is within this restricted area; however, lots 2 through 4 are completely outside of this restricted area. Southeast Quadrant District This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 15.18(8). The proposed subdivision is in compliance with all provisions of this section. DECISION Motion by c Ak La �U / A N , seconded by to approve Preliminary Plat Ap lication #SD-05-45 of J. Larry & Leslie Williams, 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. Prior to final plat submittal, the plans shall be revised to show the following: a. The plans shall be revised to comply with the stipulations of the South Burlington Water Department as outlined in his letter dated September 12, 2005. b. The plans shall be revised to comply with the requests of the South Burlington City Engineer as outlined in his memorandum dated June 16, 2005. c. The survey plat shall be revised to reflect the lot layout shown on the site plan. 4. The applicant shall adhere to the stipulations of the South Burlington Water Department as outlined in a letter from Jay Nadeau dated September 12, 2005. 5. The applicant shall adhere to the stipulations of the South Burlington City Engineer as outlined in his memorandum dated June 16, 2005. 6. The applicant shall consult with the South Burlington Fire Chief regarding the size of the turnaround. 7. The proposed street name shall be subject to the standards outlined in Section 15.12(K) of the South Burlington Land Development Regulations and shall be submitted to the E-911 -5- coordinator prior to the recording of final plats so that it may be approved by the planning commission. 8. Prior to the recording of the final plat, the applicant should coordinate with the city's E- 911 coordinator to determine street addresses. 9. The applicant shall adhere to the stipulations set forth by the Natural Resources Committee. a. All building envelopes shall be located outside of wetlands and/or wetland buffers; b. There shall be no pesticide application within the wetland or wetland buffers; WMI c. The road shall be located as proposed. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11. The final plat application shall be submitted within twelve (12) months. Mark Behr —nay/abstain/not resent Matthew Birmingham — yea/na abstai not present Chuck Bolton —§—e y/abstain/no present John Dinklage ay/abstain/not present Roger Farley —/abstain/not present Larry Kupfermaay/abstain/not present Gayle Quimby ay/abstain/not present Motion carried by a vote of w - ,�>-/ Signed this day of September 2005, by / s John Dinklage, Chair 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. M You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -7-