HomeMy WebLinkAboutSD-04-60 - Decision - 0102 Ethan Allen DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
WHITE ROCK DEVELOPMENT, LLC
FINAL PLAT APPLICATION #SD-04-60
FINDINGS OF FACT & DECISION
White Rock Development, herein after referred to as the applicant, is requesting
final plat approval to subdivide an underdetermined size parcel into two (2)
parcels, parcel #1 being of undetermined size and parcel #2 being 0.055 acres.
Parcel #2 will then be further subdivided into two (2) lots to be added to the rear
of 444 and 446 Country Club Drive. The South Burlington Development Review
Board held a public hearing on September 21, 2004. David Burke represented
the applicant.
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 Development Review Board finds, concludes, and decides the following. -
FINDINGS OF FACT
The applicant is requesting final plat approval to subdivide an
underdetermined size parcel into two (2) parcels, parcel #1 being of
undetermined size and parcel #2 being 0.055 acres. Parcel #2 will then
be further subdivided into two (2) lots to be added to the rear of 444 and
446 Country Club Drive.
2. The owner of record of the property is John Belter.
3. The subject property is located in the R4 & IC Zoning Districts.
4. The plans consist of a plan entitled, "White Rock Country Club Estates
South Burlington, VT Lots 3 & 4 Boundary Line Adjustment North Section
Plat 1 of 2", prepared by O'Leary -Burke Civil Associates, PLC, dated
2/21 /01, last revised on 4/5/04.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R4 Zoning Distric—t--]
Min. Lot Size
Re uired
9,500 SF
Proposed
Lot 3:
11,979 SF
Lot 4 :
15,464 SF
�l Max. Building Coverage
20%
n/a
Max. Overall Coverage
40%
n/a
Min. Front Setback
30 ft.
30 ft. j
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
_
30 ft.
zoning compliance
n/a not applicable because one of the lots is vacant
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comaly with the followina standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet
the needs of the project.
The proposed project will not alter the current water supply or wastewater disposal
capacity for the subject properties.
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.
This criterion is not applicable to the proposed project, as no construction is
proposed.
The project incorporates access, circulation, and traffic management
strategies sufficient to prevent unreasonable congestion of adjacent roads.
The proposed project will not alter the means of access or circulation on the subject
properties, nor will it create a need for additional traffic mitigation measures on the
subject properties.
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 proposed project only involves a boundary line adjustment, so wetland impacts
are not an issue.
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.
This criterion is not applicable to the proposed project.
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 proposed boundary line adjustment will not impact the open space areas on
the subject properties.
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.
This project does not require the approval of the South Burlington Fire Chief.
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.
The proposed boundary line adjustment will not impact the extension of any of the
roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines, or
lighting serving these properties.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a
manner that is consistent with City utility and roadway plans and
maintenance standards.
The proposed boundary line adjustment will not impact the maintenance of any
roads, recreation paths, sidewalks, or lighting serving the properties. However, the
15' strip included in the proposed boundary line adjustment will encroach into a
sewer easement that hosts a sewer force main. The City Engineer reviewed the
plans and provided comments in a memorandum dated May 6, 2004. He
requested that retaining walls and large vegetation be prohibited within this
easement.
The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
The proposed boundary line adjustment is in conformance with the South
Burlington Comprehensive Plan.
DECISION
Motion by AA AA9 66'gCWEA , seconded by �6AYOC C�(4 I A b V _,
to approve Final Plata application #SD-04-60 of White Rock Development, LLC.,
pp pp p
subject to the following conditions:
All previous approvals and stipulations shall remain in 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 and Zoning.
3. Any changes to the final plat plan shall require approval of the South
Burlington Development Review Board.
4. The final plat plan shall be recorded in the land records within 90 days or
this approval is null and void. The plans shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plat in digital format. The
format of the digital information shall require approval of the Director of
Planning and Zoning.
Chuck Bolton ye /nay/abstain/not present
Mark Boucher —
e nay/abstain/not present
John Dinklage —
e nay/abstain/not present
Roger Farley —
e nay/abstain/not present
Michele Kupersmi
h — e nay/abstain/not present
Larry Kupferman
— e nay/abstain/not present
Gayle Quimby —
e nay/abstain/not present
Motion carried by a vote of 1- o-y.
Signed this day of September, 2004 by
ohn 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. You will be bound by the decision, pursuant to 24
VSA 4472 (d) (exclusivity of remedy; finality).