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HomeMy WebLinkAboutSD-14-12 - Decision - 0025 Gilbert Street#SD-14-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THOMAS & PAMELA MEAKER — 21 & 25 GILBERT STREET FINAL PLAT APPLICATION #SD-14-12 FINDINGS OF FACT AND DECISION Final plat application #SD-14-12 of Thomas & Pamela Meaker to resubdivide two (2) adjoining lots such that one lot will be reduced in area and the other lot will be increased in area, 21 & 25 Gilbert Street. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Thomas & Pamela Meaker seek to resubdivide two (2) adjoining lots such that one lot will be reduced in area and the other lot will be increased in area, 21 & 25 Gilbert Street. 2. The owners of record of the subject properties are Thomas & Pamela Meaker. 3. The application was received on March 24, 2014. 4. The subject property is located in the Residential 4 Zoning District. 5. The survey plat submitted is entitled, "Thomas & Pamela Meaker 21 & 25 Gilbert Street, South Burlington, Vermont", prepared by Button Professional Land Surveyors, PC; and dated 11/12/2013. 6. The DRB held a public hearing on May 6, 2014 and the applicants represented themselves. Zoning District & Dimensional Requirements: Residential 4 Zoning District Required Existing Proposed Min. Lot Size 9500 S.F. 26,080 and 24,503 S.F 40,241 and 10,342 S.F. Max. Building Coverage 20% 7.6% and 6.4% 5.5% and 15.2% A Max. Overall Coverage 40% 10% and 10.6% 6.5% and 25.2% 4 Min. Front Setback 30 ft 26.6 ft and 14.8 ft No change *Min. Side Setback 10 ft. 11.7 ft and 8.1 ft No change � Min. Rear Setback 30 ft. > 30 ft I No change, and 30.7 ft A► Pre-existing non -complying Zoning compliance ME #SD-14-12 The proposed changes in land area are as follows: Location Existing land area Proposed land area 21 Gilbert Street: 26,080 sq ft 40,241 sq ft 25 Gilbert Street: 24,503 sq ft 10,342 sq ft Both lots will remain conforming with minimum lot size requirements. Nothing else changes in regard to existing conformance or lack thereof with the LDRs, and no nonconformance would be increased or created by this change in lot size and boundary. No actual development upon the land is proposed; this is just moving the boundary between these two adjoining lots. A proper survey and table has been submitted to illustrate and explain all aspects of this proposal. 15.18 Criteria for Review of PUDs, Subdivisions and Master Plans A. General Standards. In all zoning districts of the City, the DRB shall make findings of fact on a PUD, subdivision and/or Master Plan in keeping with the standards for approval of subdivisions in Article 15 and/or site plans and conditional uses in Article 14. PUD, subdivision and Master Plan applications in the Central District shall meet the standards and criteria applicable in the appropriate sub -district and shall be consistent with the Comprehensive Plan goals for the City Center. For PUD, subdivision and/or Master Plan applications within the SEQ 10 and RI -Lakeshore districts, the DRB shall also make positive findings with respect to the project"s compliance with the specific criteria in this section. The general standards applicable to all PUDs, subdivisions and Master Plans are: (1) Sufficient water supply and wastewater disposal capacity is available meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. (4) The projects 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. (5) 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. (6) 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 -2- #SD-14-12 buffer areas. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. (8) Roads, recreation paths, storm water 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 properties. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). As noted above, no actual land development is proposed on either lot. The only change being made is the location of the boundary line between these two existing, developed residential properties. The Board finds all of these criteria satisfied. DFCISION Motion by Bill Miller, seconded by Jennifer Smith to approve final plat application #SD-14-12 of Thomas & Pamela Meaker subject to the following stipulations: 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 and on file in the South Burlington Department of Planning and Zoning. 3. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plan 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 South Burlington GIS Coordinator. 4. Any change to the final plat plan shall be approved by the Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking yea nay abstain not present Motion carried by a vote of 7 — 0 — 0 -3- #SD-14-12 Signed this ) 2 day of / 7 2014, by r Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciarV.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.