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HomeMy WebLinkAboutSD-03-46 - Decision - 0232 Autumn Hill Roada CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING GOLDBERG — 5-LOT MAJOR SUBDIVISION FINAL PLAT #SD-03-46 FINDINGS of FACT AND DECISION Jeffrey and Elizabeth Goldberg, hereafter referred to as the applicants, are requesting final approval for a 5-lot subdivision on 12.88 acres. The subject property is located in the Southeast Quadrant (SEQ) off of Dorset Street and Autumn Hill Road. The South Burlington Development Review Board (DRB) held its final public hearing on September 16, 2003. Jeffrey and Elizabeth Goldberg represented the applicants. 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 DRB finds and decides the following: FINDINGS OF FACT 1. The applicants are requesting final approval for a 5-lot subdivision on 12.88 acres. The subject property is located in the Southeast Quadrant (SEQ) off of Dorset Street and Autumn Hill Road. 2. The owners of record are Jeffrey and Elizabeth Goldberg. 3. The subject property contains 12.88 acres and is located in the South East Quadrant Zoning District (SEQ). 4. The plans consist of six (6) sheets. Sheet 1 is entitled "Subdivision Plan, Jeffrey and Elizabeth Goldberg, 1760 Dorset Street, South Burlington, Vermont." The plans were prepared by Ridge Consulting Engineers, dated September 14, 2000, last revised on September 9, 2003. 5. The project originally received final approval from the DRB on December 19, 2000, subject to 13 conditions. The original approval would have required access to the subdivision via Autumn Hill Road, the first 625 ft. of which was to be upgraded and dedicated as a public road. However, the DRB decision was challenged in Environmental Court by the owners of the adjoining property containing the shared Autumn Hill Road private right-of-way. The court ruled that the Goldbergs were powerless to dedicate Autumn Hill Road as a public road against the wishes of the other owner of the private right-of-way. - 1 - Zoning District & Dimensional Requirements According to Table C-2 of the South Burlington Land Development Regulations, the maximum allowable residential density for the subject property is 1.2 units per acre, or 15 units. Four units are proposed including the existing residence on lot #1. The applicant has provided calculations for building and overall coverage for Lot 1 containing the existing house. Calculations for building and overall coverage on the new residential lots are not provided. However, the applicants have indicated that the new homes will be 2- story, 4,000 sq. ft. structures. Staff estimated that such structures will not exceed 6% building coverage on the smallest lot (Lot 3). In addition, based on the preliminary plans, overall lot coverage does not appear to approach 40%. Table 1. Dimensional Requirements SEQ Zoning District Required Pro osed Min. Lot Size 12,000 ft.2 75,359 ft. Max. Density 1.2 units/acre 0.3 units/acre Max. Building Coverage 20% >20% Max. Overall Coverage 40% >40% Min. Front Setback 20 ft. ±30 ft. Min. Side Setback 10 ft. ±50 ft. Min. Rear Setback 30 ft. ±56 ft. Max. Building Height 40 ft. ±25 ft. zoning compliance Restricted Areas within the SEQ Lot 5 falls within a SEQ "restricted area." As indicated above, Lot 5 is proposed as a non - buildable lot. However, the proposed Black Dog Drive bisects the northerly portion of Lot 5. Pursuant to Section 9.06(B) (1) of the South Burlington Land Development Regulations, the construction of roads to serve approved development is allowed within SEQ "restricted areas." In addition, utilities must be placed underground and public recreation paths are allowed. The plans show a 20 ft. recreation path easement, an underground wastewater force main, and an underground water main passing through Lot 5. Surface Water Protection Standards The subject property contains wetlands as indicated on the South Burlington wetlands map. Any wetlands, including a 50 ft. buffer, are included in the wetland protection area. Wetlands on the subject property appear to be centered on 2 unnamed streams. These water resource areas appear to fall almost entirely within the SEQ "restricted area" and Lot 5, which is proposed as non -buildable. As described above, easements for -2- underground utilities, a recreation path, and a private access road are proposed to cross the wetland protection area. Pursuant to Section 12.02 (E)(3) of the South Burlington Land Development Regulations, encroachment into Class II wetland buffers, Class III wetlands, and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards of wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; AND (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. Any application for development that includes encroachment into a wetland or wetland buffer shall require review and comment by the South Burlington Natural Resources Committee (NRC). The NRC reviewed the plans at its March 6, 2003 meeting. The Committee recommended approval with conditions. Streets Pursuant to Section 15.12 (C) of the South Burlington Land Development Regulations, the DRB may approve a private roadway serving 3 or less separate residential lots. The final plat includes a 30' wide right-of-way for the proposed Black Dog Drive, which will serve 3 residential lots (Lots 2, 3 and 4). Lot 5 is proposed to be non -buildable. The existing house on Lot 1 will continue to be served by Autumn Hill Road. The plans include a cross-section of the proposed 18' wide Black Dog Drive and station locations along the entire length of Black Dog Drive corresponding to a road profile. The plans also include a cross -sectional "Pavement/Shoulder Restoration Detail." This detail pertains to the restoration of Dorset Street that will be required after construction of the proposed water main extension. -3- Lot Layout All proposed lots comply with the lot layout requirements outlined in Section 15.10 of the South Burlington Land Development Regulations. In addition, lots are laid out such that they can be developed in full compliance with the South Burlington Land Development Regulations and with consideration to natural constraints on the subject property. Pedestrian Access The Recreation Path Committee (RPC) reviewed the sketch plan for the subject property, which showed a 20' wide recreation easement parallel to Dorset Street. The RPC recommended no changes to the proposal. The final plans show the same 20' recreation path easement to be dedicated to the City of South Burlington. Water Pursuant to Section 15.13 of the South Burlington Land Development Regulations, the municipal water system shall be extended to provide adequate water supply at an acceptable pressure for the proposed subdivision. The plans were reviewed by Water Superintendent Jay Nadeau. Fire Protection On September 27, 2002, Fire Chief Doug Brent provided comments on the previously submitted sketch plan for the subject property. Mr. Brent indicated that water availability for fire suppression is currently inadequate and residential sprinkler systems should be installed. Staff notes that the final plans include a fire hydrant at the end of the extended water line on Lot 2. This fire hydrant is approximately between 125 ft. and 450 ft. from the proposed and existing structures within the subdivision. The final plans have been approved by Chief Brent. Sewage Disposal Pursuant to Section 15.13 (D) (4) of the South Burlington Land Development Regulations, the City Engineer must certify that available sewer capacity is sufficient to serve the proposed development. In addition, the applicant will need to obtain final wastewater allocation approval from the Director of Planning and Zoning prior to final subdivision approval by the DRB. -4- Utility Lines Section 15.13 (E) of the South Burlington Land Development Regulations requires that utility lines be underground. Underground water and sewer lines are shown on the plans. The City Engineer has reviewed the plans. Locations of the proposed utility corridors are appropriate. Outdoor Lighting In this portion of the SEQ and for a subdivision of only 4 single-family dwellings, outdoor lighting should be optional. Storm Drainage The stormwater drainage plans must comply with the requirements of Section 15.13 (F) of the South Burlington Land Development Regulations. The City Engineer has approved the stormwater drainage plan and they appear to comply with the Regulations. Monumentation The survey plat shows appropriate monumentation at all lot corners pursuant to Section 15.14 (B) of the South Burlington Land Development Regulations. Landscaping Pursuant to Section 13.06 (F)(3) of the South Burlington Land Development Regulations, the Development Review Board shall require a street tree planting plan for all new subdivisions and all future phases of a subdivision whose approvals are in effect as of the effective date of the Regulations. In addition, the Development Review Board shall require a landscaping phasing plan. Section 13.06 (G) of the South Burlington Land Development Regulations establishes standards for landscaping. Pursuant to Section 13.06 (17)(3), two trees shall be planted on each residential lot. Lot 1 is primarily wooded and already developed, and the other residential lots will contain existing trees. The applicant also indicates what existing vegetation will be removed. The approved plan minimizes the cutting of existing vegetation and trees to the greatest extent possible and yet still provide access to the new lots. -5- Excavation and Grading Grading and erosion plans must comply with Section 16.04 of the South Burlington Land Development Regulations. The plans do not indicate significant regrading of the site beyond what is shown on the road profile (See Sheet 1). The sewer line/force main profile does not indicate significant regrading (See Sheet 3). Excavation work is proposed to occur according to the erosion control and inspection schedule detailed on Sheet 6 of the plans. A stream crossing detail on Sheet 3 includes a trench detail for the proposed corrugated arch pipe. Water and sewer trench details are provided on Sheets 4 and 5. Utility Easements Utility easements are shown. As indicated, these have been approved by the City Engineer. Directional Signs & Addresses The addresses of all residences are indicated on the plans. DVCISION Motion by (� N U 6� hoLTW , seconded by At)6�A to approve Final Plat Application #SD-03-46, subject to the following conditionst 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 plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. Lot 5, as shown on the above -referenced plat, is not approved for any land development at this time. Any deed conveying Lot 5 shall include notice of this restriction. 4. A draft easement deed for the proposed recreation path easement must be submitted to the City prior to recording of the final plat, to be acted on in the event that the City's recreation path is not completed within one (1) year of the date the final plat is recorded. 5. The applicant must obtain final wastewater allocation approval prior to the issuance of any zoning permits for development on any of the newly created lots. 6. The South Burlington development Review Board hereby approves a waiver pursuant to Section 15.12(D)(4) of the South Burlington Land Development Regulations to allow a private road of eighteen (18) feet in width. 7. Black Dog Drive, as shown on the above -referenced plat, is only approved for use and access by Lots 2, 3 and 4. No later than ninety (90) days after the City accepts Autumn Hill Road as a public right of way or street, the owners of Lots 2, 3, and 4 shall discontinue use of Black Dog Drive for access and shall close Black Dog Drive's curb cut on Dorset Street. If the owners of Lots 2, 3, and 4 fail to close said curb cut within 90 days, the City may close the curb cut and collect from said owners, on a pro rata basis, the reasonable costs of such work. Any deed conveying lots 2, 3, and /or 4 shall include notice of this condition. 8. A planting plan for the 5 lots is approved as shown on Sheet 1 of the plans entitled "Subdivision Plan, Jeffrey and Elizabeth Goldberg, 1760 Dorset Street, South Burlington, Vermont." The plans were prepared by Ridge Consulting Engineers, dated September 14, 2000, last revised on September 9, 2003. 9. The swale between Autumn Hill Road and "Black Dog Drive" shall be seeded with a conservation mix. 10. The plat plan shall be revised to show the following changes listed below and shall require approval of the Director of Planning and Zoning and/or the Administrative Officer prior to filing. Four (4) copies of the revised plat shall be submitted prior to recording. a. The final plat shall include the signature and seal of the land surveyor who prepared the underlying survey. b. The metes and bounds for "Black Dog Drive" shall be indicated on the final plat plan. c. All requests outlined in the June 27, 2003 letter from the South Burlington Water Department shall be incorporated into the final plat plan. d. Sewer service details shall be shown as 90 degrees off of the main as indicated in the details. 11. Any and all outdoor lighting fixtures other than those reasonably and customarily mounted on a single-family or duplex residence shall require approval of the Administrative Officer and shall meet the standards in Appendix D of the South Burlington Land Development Regulations. 12. Legal documents, including a Certificate of Title showing the ownership of all property and easements to be dedicated to or acquired by the City shall be submitted stating that the water, sewer, sewer pump station, sewer force main, and road shall be private and privately maintained. All legal documents pertaining to utility easements shall be reviewed by the City Attorney prior to final plat recording. 13. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. -7- 14. A final version of the survey shall be submitted in digital format prior to recording of the final plat plan 15. The final plat plan (survey plat and sheet 1 of 6) shall be recorded in the land records within 90 days of the Findings of Fact and Decision or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Chuck Bolton - ye nay/abstain not resent Mark BoucherP-e nay/abstai of present John Dinklagenay/abstain/not present Roger Farley -ay/abstain/not present Michele Kupersmith - nay/abstain/not present Larry Kupferman -nay/abstain/not present Gayle Quimby -nay/abstain/not present Motion Carried by a vote of & - U - o Signed this-7—day of O CZV4-e-� , 2003, by John Dinklage, Chair ME