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HomeMy WebLinkAboutSD-03-04 - Decision - 0232 Autumn Hill RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD GOLDBERG 5-LOT, 4-UNIT SUBDIVISION PRELIMINARY PLAN #SD-03-04 FINDINGS OF FACT, CONCLUSIONS & DECISION Jeffery and Elizabeth Goldberg, hereafter referred to as the applicants, are requesting preliminary plan approval for a 5-lot, 4-unit subdivision on 12.88 acres. The South Burlington Development Review Board (DRB) held a public hearing on March 4, 2003. The applicants were present for the hearing. Attorney Frank Marshall, Project Manager David Fuqua and Surveyor Stuart Morrow represented the applicants. FINDINGS OF FACT The applicants are requesting preliminary plan approval for a 5-lot, 4-unit subdivision off of Dorset Street and Autumn Hill Road. 2. The subject property consists of approximately 12.88 acres and is located in the Southeast Quadrant (SEQ) District. Portions of the subject property fall within the Conservation and Open Space (CO) District. 3. 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 appealed to the 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. 4. The current proposal involves accessing the proposed new residential lots (Lots 2, 3 and 4) with a new private road, Black Dog Drive. Lot 1 contains the applicants' house and will continue to be accessed from Autumn Hill Road. Black Dog Drive would bisect Lot 5, which is proposed as a non -buildable lot. CONCLUSIONS ZONING DISTRICT & DIMENSIONAL REQUIREMENTS According to Section 6.401 of the Zoning Regulations, the maximum allowable residential density for the subject property is 1.2 units per acre, or 15 units. Four units are proposed. The applicants have 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. The DRB concludes 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%. FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-04 2. The survey plat submitted on January 29, 2003, shows the previously approved project access off of Autumn Hill Road. The survey plat must be revised to show the proposed Black Dog Drive right-of-way providing access to Lots 2, 3 and 4, and crossing Lot 5. Restricted Areas within the SEQ District 3. Lot 5 has been delineated to incorporate SEQ restricted area falling within the subject property. 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 6.501(a) of the Zoning 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. Conservation and Open Space District 4. The subject property contains wetlands as indicated on the South Burlington wetlands map. Any wetlands, including a 50 ft. buffer are included in the CO District. 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 underground utilities, a recreation path, and a private access road are proposed to cross the CO District. Pursuant to Section 3.20 of the Zoning Regulations, these are permitted uses within the CO District. Pursuant to Section 3.40 of the Zoning Regulations, approved uses within the CO District shall be subject to the following standards: (a) No use shall damage or otherwise alter adversely the character of soils or vegetation, or impair the quantity or quality of surface water or ground water. 5. Appropriate erosion control measures to be used during and after construction are detailed on Sheet 6 of the plans. The plans indicate that silt fencing, hale bale check damns, and a stone lined swale will be utilized. (b) Excavation or filling shall be permitted only to the extent necessitated by an approved use. 6. This standard should be included as a condition of approval. (c) The cutting or removal of trees or other natural vegetation shall be allowed only to the extent necessitated by an approved use. 7. Most of the affected area is currently meadow. Some trees and other woody vegetation occur along the northerly property line. The plans do not indicate whether or to what extent this vegetation will be disturbed. \d r b \sub \g o l d b e rg \S D# 0 3-04. f cd . d oc 2 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-04 (d) Any application for a use within the CO District requiring review by the DRB shall require review and comment by the South Burlington Natural Resources Committee (NRC). 8. The NRC will review the plans at its March 6, 2003 meeting. NRC comments will be available prior to final plan review. SUBDIVISION DEVELOPMENT REQUIREMENTS & DESIGN STANDARDS Section 400 of the South Burlington Subdivision Regulations establishes general design requirements for subdivisions according to the following categories. Streets 9. Pursuant to Section 401.1(k) of the Subdivision Regulations, the DRB may approve a private roadway serving 3 or less separate residential lots. Black Dog Drive 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 DRB concludes that Black Dog Drive should be abandoned if and when Autumn Hill Road becomes a public right-of-way as depicted on the City of South Burlington Official Map. Draft deeds for Lots 2 through 5 should include language describing the shared right-of-way and indicate that Black Dog Drive shall be abandoned if and when Autumn Hill Road becomes a public right-of-way. 10. Sheet 2 of the plans includes 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. The plans need to be revised to 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. Lot Layout 11. All proposed lots comply with the minimum standard width to length ratio of 1 to 5. In addition, lots are laid out such that they can be developed in full compliance with the Zoning Regulations and with consideration to natural constraints on the subject property. Lot 5 is proposed as a non -buildable lot. Pedestrian Access 12. 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 preliminary plans show the same 20' recreation path easement to be dedicated to the City of South Burlington. Water 13. Pursuant to Section 404 of the Subdivision Regulations, the municipal water system shall be extended to provide adequate water supply at an acceptable pressure for the proposed subdivision. The applicants will need to address the concerns of \d rb \s u b \g o l d b e rg \S D# 0 3-04. f c d. d oc 3 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-04 South Burlington Water Superintendent Jay Nadeau as detailed in a letter dated February 27, 2003. In addition, the applicants will need to abide by all requirements outlined by Mr. Nadeau in his letter dated September 27, 2002. Fire Protection 14. Section 405 of the Subdivision Regulations requires that the plans are reviewed by the Fire Chief or a designee to insure that adequate fire protection can be provided. 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. However, the preliminary 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. Sewage Disposal 15. Pursuant to Section 406.1 of the Subdivision Regulations, the City Engineer must certify that available sewer capacity is sufficient to serve the proposed development. In addition, the applicants will need to obtain final wastewater allocation approval from the Director of Planning and Zoning prior to final subdivision approval by the DRB. Utility Lines 16. Section 407 of the Subdivision Regulations requires that utility lines be underground. Underground water and sewer lines are shown on the plans. The City Engineer has reviewed the plans and offered comments. Locations of the proposed utility corridors are appropriate. Outdoor Lighting 17. In accordance with Section 408 of the Subdivision Regulations, outdoor lighting shall be provided in compliance with the site plan and performance standards set forth in the Zoning Regulations. However, the site plan and performance standards set forth in the Zoning Regulations do not apply to single family residential lots such as those proposed on the subject property. Storm Drainage 18. Section 409.1 of the Subdivision Regulations requires applicants to plan for the removal of spring or surface water resulting from the proposed development. The design of the drainage system shall use natural waterways and drainageways to the fullest extent possible. Stormwater drainage facilities must be located within street right-of-ways where feasible, or within unobstructed easements of appropriate width. The City Engineer shall approve the stormwater drainage plan. Pursuant to Section 409.2, drainage facilities must be large enough to accommodate potential runoff from the entire upstream drainage area under conditions of total potential development. Pursuant to Section 409.3, the stormwater drainage plans must \drb\sub\goldberg\SD#03-04.fcd.doc 4 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-04 include an assessment of the effect of the proposed development on existing downstream drainage facilities. Monumentation 19. The survey plat shows appropriate monumentation at all lot comers pursuant to Section 410 of the Subdivision Regulations. Open Space & Recreation Areas 20. Adequate open space and recreation areas are provided. However, the applicants should submit draft legal documents for Lot 5, which include an easement for the proposed recreation path and a covenant of the equivalent to prevent building on Lot 5. Site Preservation & Landscaping 21. Section 412 of the Subdivision Regulations establishes standards for site preservation and landscaping. The DRB concludes that the proposal offers protection to important natural resources on the property by locating proposed structures outside of the CO District and the more heavily wooded areas. Section 412.3 establishes guidelines for erosion and sediment control during and after construction. Adequate erosion control plans are included and detailed on Sheet 6 of the plans. Pursuant to Section 412.4, 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. However, the applicants should provide additional information about what existing vegetation may be removed, and what if any landscape plantings are proposed. Excavation & Grading 22. Excavation and grading plans must comply with Section 413 of the subdivision regulations. The plans no not indicate significant regrading of the site beyond what is shown on the road profile. The sewer line/force main profile does not indicate significant regrading. 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. Energy Conservation 23. Pursuant to Section 414 of the Subdivision Regulations, the proposed subdivision shall be designed to take advantage of solar radiation and landscaping should be designed to provide wind barriers and reduce heat loss and heat gain. In addition, the length of roadways and utilities shall be minimized. Landscaping will need to be evaluated as noted above. Utility Easements \drb\s ub\goldberg\SD#03-04.fcd.doc 5 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-04 24. Utility easements are shown. As indicated already, these must be shown and approved by the City Engineer. In addition, all legal documents pertaining to utility easements must be reviewed and approved by the City Attorney. Directional Signs & Addresses 25. Addresses must be installed in accordance with Section 416 of the subdivision regulations. In addition, the addresses of all residences shall be appropriately labeled on the final plat. Addresses for each lot are indicated on the plans. DECISION MOTION by Mark Boucher, seconded by Roger Farley, to approve preliminary plan #SD-03-04, subject to the following conditions: Pursuant to Section 204.1 of the subdivision regulations, the applicants must submit a final plan application within twelve (12) months of the date of this decision. 2. Prior to submission of a final plan application, the plans must be revised as follows: a. The survey plat must be revised to show the proposed Black Dog Drive right-of-way. b. Sheet 2 of the plans needs to be revised to provide a cross -sectional detail of Black Dog Drive and station locations shall be shown along the entire length of Black Dog Drive corresponding to a road profile. C. The plans shall demonstrate energy efficient design as detailed in Section 414 of the subdivision regulations. d. Stormwater drainage plans must comply with the requirements of Section 409 of the Subdivision Regulations. e. The plans shall indicate the proposed removal of any existing landscaping within the SEQ restricted area. 3. Concurrent with the final plan submission, the applicants must submit the following legal documents: a. A draft deed for Lot 5 shall include language insuring adequate protection mechanisms will be in place for the proposed non -buildable Lot 5. b. A draft easement deed for the proposed recreation path easement must be submitted. C. Draft deeds for Lots 2 through 5 must include language describing the Black Dog Drive shared right-of-way, which shall be abandoned in favor of access via Autumn Hill Road if and when Autumn Hill Road becomes a public right- of-way. \d rb\s ub\g oldberg\S D#03-04.fcd.d oc 6 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-04 4. Concurrent with the final plan submission, the applicants shall provide additional information about what existing vegetation is to be removed, and what if any landscape plantings are proposed. 5. Prior to final plan approval, the following must be accomplished: a. The plans will need to be reviewed by the City Fire Department prior to final approval by the DRB. b. The applicants must obtain final wastewater allocation for the proposed development approval from the Director of Planning and Zoning prior to final plan approval. C. The City Engineer shall review and approve the location and ownership of all utility easements prior to final plan approval. d. The City Engineer shall approve the stormwater drainage plan prior to final plan approval by the DRB. e. The NRC will review the plans at its March 6, 2003 meeting. NRC comments will be available prior to final plan review. 6. The applicants must meet the requirements outlined by Water Superintendent Jay Nadeau in his letters dated September 27, 2002, and February 27, 2003. 7. If and when Autumn Hill Road becomes a public right-of-way as depicted on the City of South Burlington Official Map, Black Dog Drive shall be abandoned and access to the subdivision shall occur from Autumn Hill Road. 8. Excavation and filling shall be permitted only to the extent necessitated by the approved development. Chuck Bolton —yga/nay/abstain Mark Boucher —yta/nay/abstain John Dinklage —yta/nay/abstain Roger Farley —y2a/nay/abstain Larry Kupferman —yea/nay/abstain Gayle Quimby ye'' nay/abstain MOTION CARRIED by a vote of 5-1-0 -t�) Signed this �day of 2003, by John Dinklage, Chair \drb\sub\goldberg\S D#03-04.fcd.doc 7