HomeMy WebLinkAboutSD-17-16 - Decision - 0236 Golf Course Road#SD-17-16
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JAM GOLF, LLC-236 GOLF COURSE ROAD
FINAL PLAT APPLICATION #SD-17-16
FINDINGS OF FACT AND DECISION
Final plat application #SD-17-16 of JAM Golf, LLC to amend a planned unit development consisting of
273 residential units and an 18-hole golf course. The amendment consists of subdividing a 69.87 acre lot
(parcel F) into two (2) lots of 47.99 acres and 21.88 acres, 236 Golf Course Road.
The Development Review Board held a public hearing on July 18, 2017. The applicant was represented
by Dave Marshall.
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. The applicant, JAM Golf, LLC, seeks to amend a planned unit development consisting of 273
residential units and an 18-hole golf course. The amendment consists of subdividing a 69.87 acre lot
(parcel F) into two (2) lots of 47.99 acres and 21.88 acres, and relocating an existing recreation path
from parcel F to parcel F1, 236 Golf Course Road.
2. The owner of record of the subject property is JAM Golf, LLC.
3. The application was received on May 31, 2017.
4. The property lies within the SEQ Natural Resource Protection Zoning District.
5. The plan submitted consists of four (4) pages with the first page titled "Proposed Two Lot
Subdivision of Parcel 'F"' prepared by Civil Engineering Associates, Inc., dated January 2016 and
received 5/31/17.
Zoning District Density Allowances and Dimensional Standards
No new structures are proposed on the new lot (Parcel F1). An existing recreation path is proposed to be
relocated from Parcel F to Parcel F1. There is an existing golf course resting house on Parcel F. The
minimum lot size in the Natural Resource Protection Zoning District is 12,000 square feet (0.28 acres).
Parcel F is proposed to be 47.99 acres and Parcel F1 is proposed to be 21.88 acres, therefore both lots
are greater in size than the minimum requirement.
Parcel F will have a lot coverage of .02% after subdivision. Parcel F1 will have essentially no lot coverage.
The maximum lot coverage allowed in the Natural Resources Protection Zoning District is 15%.
Therefore, both lots meet the minimum requirement.
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Subdivision Standards
15.10 Lot Layout
A. Lots shall be laid out in such a way that they can be developed in full compliance with these land
development regulations, and giving consideration to topography, soils, and drainage conditions.
B. Except within the City Center FBC District, the following standards shall apply: Corner lots shall
have extra width to conform to setbacks on each street. No subdivision showing any reserved
strips shall be approved. A 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. Developments consisting
predominantly of square or roughly square lots or lot with an excessive length to width ratio (i.e.
spaghetti lots) shall not be approved.
As no development is proposed, these criteria are not applicable.
Access
Parcel F has 828 feet of frontage on a City of South Burlington right-of-way along the south edge of the
lot. Parcel F1 has 271 feet of frontage on a City of South Burlington right-of-way along the south edge of
the lot. The standards for access are met.
SITE PLAN REVIEW
14.06 General Review Standards
A. Relationship of Proposed Development to the City of South Burlington Comprehensive
Plan.
The Board finds that the applicant's proposal is consistent with the goals, objectives and stated land use
policies in the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
Not applicable.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
Not applicable.
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated adjoining
buildings.
Not applicable.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
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Not applicable.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
Not applicable.
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial or collector street, to provide additional access for emergency or other
purposes, or to improve general access and circulation in the area.
The reservation of land is not required.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
Not applicable.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible, secure and properly screened
with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles
intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required
to be fenced or screened.
Not applicable.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Not applicable.
E. Modification of Standards. Where the limitations of a site may cause unusual hardship in
complying with any of the standards above and waiver therefrom will not endanger the public health,
safety or welfare, the Development Review Board may modify such standards as long as the general
objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of
side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new
structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
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Not applicable.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the followinE standards and conditions:
(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
Not applicable
(A)(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 control methods proposed during construction are adequate. The plans were reviewed
by the Department of Public Works and in an email dated 7/13/17 Dave Wheeler indicated that
they have no comments. The Board finds this criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Not applicable.
(A)(4)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.
Parcel F1 will remain undeveloped and provide wildlife habitat protection. The Board finds this
criterion to be met.
(A)(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.
As no new development is proposed, this criterion is not applicable.
(A)(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 buffer areas.
Parcel F1 adjoins an existing conserved parcel. The Board finds this criterion to be met.
(A)(7)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 no development is proposed, this criterion is not applicable.
(A)(8)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.
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The existing recreation path is proposed to be moved approximately 50 feet to the east to
relocate it from Parcel F to Parcel F1, which will be transferred to the City of South Burlington.
Additionally, a 20' storm drainage easement will remain on Parcel F to serve the City of South
Burlington, and a 2.4 acre easement will remain on Parcel F1, which includes a stormwater pond
and a storm drainage easement that will serve JAM Golf, LLC.
With regards to stormwater, the Department of Public Works indicated in an email dated
7/13/17 that they had no comments.
The Board finds this criterion to be met.
(A)(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.
The relocated recreation path will be constructed to City standards. The Board finds this
criterion to be met.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the project, as currently proposed, is consistent with the Comprehensive Plan.
TRAFFIC
As no development is proposed, this criterion is not applicable.
DECISION
Moved by Matt Cota, seconded by Jennifer Smith, to approve final plat application #SD-17-16 of JAM
Golf, LLC, subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital
(PDF) format.
4. The final plat plan (Subdivision Plat) must be recorded in the land records within 180 days or this
approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital
format. The format of the digital information will require approval of the South Burlington GIS
Coordinator.
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Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
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.
Signed this 19 day of
I/ V
Bill Miller, Chair
2017, by
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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist.
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