HomeMy WebLinkAboutSD-10-21 - Decision - 0005 Green Mountain Drive#SD-10-21
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
THOMAS RACINE - 2 LOT SUBDIVISION
5 & 9 GREEN MOUNTAIN DRIVE
FINAL PLAT APPLICATION #SD-10-21
FINDINGS OF FACT AND DECISION
Thomas Racine, hereafter referred to as the applicant, is requesting final plat plan
review to subdivide a 2.06 acre parcel developed with two (2) commercial buildings into
two (2) lots of 1.14 acres (Lot #1) and 0.92 acres (Lot #2), 5 and 9 Green Mountain
Drive. The Development Review Board held a public hearing on Tuesday, July 6, 2010.
The applicant was present at the hearing.
Based on testimony 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
1. The applicant is requesting final plat plan review to subdivide a 2.06 acre parcel
developed with two (2) commercial buildings into two (2) lots of 1.14 acres (Lot #1) and
0.92 acres (Lot #2), 5 and 9 Green Mountain Drive.
2. The owner of record of the subject property is MDT Partnership, LLP.
3. The subject property is located in the Commercial 2 (C2) Zoning District.
4. The plan submitted is entitled, "Boundary Retracement Survey and Two Lot
Subdivision of Lot 6, Slide 101 MDT Partnership, LLP Volume 468, Page 168 5 Green
Mountain Drive South Burlington, Vermont.", prepared by Button Professional Land
Surveyors, PC, dated May 2, 2010.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements Lot
IC Zoning District
Required
Proposed Lot 1
Proposed Lot 2
Min. Lot Size
40,000 SF
49,840 SF
40,126 SF
�l Max. Building Coverage
; 40%
22.8%
30%
�l Max. Overall Coverage
', 70%
67.1 %
63.1 %
�I Front Yard Coverage
30%
26.1 %
17.7%
�l Min. Front Setback
50 ft.
n/a
n/a
Min. Side Setback
35 ft.
n/a
n/a
Min. Rear Setback
50 ft.
n/a
n/a
�I Zoning Compliance
The applicant is proposing to remove 1026 square feet of impervious surfaces, including
718 square feet in the front yard setback for proposed Lot #1, to bring the site into
compliance with the Land Development Regulations.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity
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of water, at acceptable pressure.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
No new buildings or infrastructure is proposed. Therefore, review by the Water
Department or Water Quality Control department is not necessary.
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.
No new construction or alterations to grade are proposed. Therefore, an erosion control
plan is not necessary as part of this application.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
There are no changes to the access, circulation, or estimated traffic generation as a
result of this proposal. Both lots have had individual access points from Green Mountain
Drive and will continue to do so. This is acceptable.
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 plans that the applicant submitted does not depict any wetlands on the subject
property, nor does the Board have any reason to believe there are any on site. There is
no proposed construction or land development as part of this application.
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.
The proposed project is in keeping with the planned development patterns of the C2
Zoning District.
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.
With the exception of the removal of some pavement, there are no changes to the layout
of the site.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or
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(designee) to ensure that adequate fire protection can be provided.
As no new infrastructure or buildings are proposed, there is no need for review by the
Fire Department.
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.
No changes are necessary with respect to this criterion.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a
manner that is consistent with City utility and roadway plans and maintenance
standards.
As there are no changes to the road network and no new buildings are proposed, there
is no need for review by the City Engineer.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require_ site plan approval. Section 14.06 establishes the following general review
standards for all site Dlan aDDlications:
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.
The access and circulation on site is appropriate and acceptable.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking for Lot 2 is entirely to the side of the building; the parking for lot 1 is
predominantly to the side of the building, with 9 spaces to the front. Given the minor
nature of this application, the fact that no new construction is proposed, and the
applicant's plan to remove more than 700 square feet of impervious surface from the
front yard, no changes are needed to the site plan with respect to this criterion.
Without restricting the permissible limits of the applicable zoning district, the
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height and scale of each building shall be compatible with its site and existing or
adjoining buildings.
No new buildings are proposed at this time. Existing buildings are within the limitations of
the district.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
No new buildings or infrastructure is proposed.
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.
No new buildings or infrastructure is proposed.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the Land Development
Regulations:
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 of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation in the
area.
At this time, there is no need for any additional access easements.
Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall be
located so as to have a harmonious relation to neighboring properties and to the
site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
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screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
The site plan includes a fenced and screened dumpster associated with the larger lot
which has an existing building on site.
Landscaping
No new construction is proposed; there are no minimum landscaping requirements.
DECISION
Motion byZO , seconded by �6'�ft � �C to approve Final
Plat Application #SD-10-21 of Thomas Racine to sub06 acre parcel developed
with two (2) commercial buildings into two (2) lots of 1.14 acres (Lot #1) and 0.92 acres
(Lot #2), 5 and 9 Green Mountain Drive, subject to the following conditions:
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 plat submitted by the applicant 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 (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.
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Mark Behr — ee nay/abstain/not present f
Matthew Birmingham — yea/nay/abstain of resent
John Dinklage nay/abstain/not present
Roger Farley - e nay/abstain/not present
Eric Knudsen — ay/abstain/not present
Gayle Quimby,- a nay/abstain/not present
Bill Stuono — e nay/abstain/not present
Motion carried by a vote of (P - b - v
Sigrn
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $250.00. 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).
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