The URL can be used to link to this page

Home My WebLink AboutSD-04-76 - Decision - 0700 Hinesburg RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING BARBARA NEFF - 2 LOT SUBDIVISION-700 HINESBURG ROAD FINAL PLAT APPLICATION #SD-04-76 FINDINGS of FACT AND DECISION Barbara Neff, hereafter referred to as the applicant, is requesting final plat approval of a project to subdivide a 17.09 acre parcel into two (2) lots of 0.92 acres (Lot A) and 16.17 (Lot B), 700 Hinesburg Road. The applicant received approval for the proposed project from the Development Review Board on June 1, 2004. However, the applicant neglected to record the final plat plans within the required 90-day period, so the approval became null and void. This application is for re -approval of the same project. The Development Review Board held a public hearing on December 7, 2004. Tim Downey 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 of a project to subdivide a 17.09 acre parcel into two (2) lots of 0.92 acres (Lot A) and 16.17 (Lot B), 700 Hinesburg Road. 2. The applicant received approval for the proposed project from the Development Review Board on June 1, 2004. However, the applicant neglected to record the final plat plans within the required 90-day period, so the approval became null and void. This application is for re -approval of the same project. 3. The owner of record is the Estate of Russell Tilley. 4. The subject property is located in the Residential 1 (R1) Zoning District. 5. The subject property contains 17.09 acres. 6. The plans consist of two (2) sheets, sheet one (1) entitled, "Subdivision Plat Estate of Russell T. Tilley 700 Hinesburg Road South Burlington, Vermont", prepared by Button Professional Land Surveyors, PC, dated 4/1/04. - 1 - Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R1 Zoning District Required; Proposed A Min. Lot Size 40,000 SF 40,104 SF ♦ Max. Density 1 unit/acre 2 units/acre Max. Building Coverage 15% Lot A: 3.83% Lot B: 1.12% Max. Overall Coverage 25% Lot A: 15.05% Lot B: 1.97% 4 Min. Front Setback 50 ft. Lot A: 22 ft. Lot B: 98 ft. ♦ Min. Side Setback 25 ft. Lot A: 38 ft. Lot B: 5 ft. Min. Rear Setback 30 ft. Lot A: >30 ft. Lot B: >30 ft. A Max. Building Height 40 ft. n/a �l zoning compliance ♦ zoning non-compliance 416 preexisting zoning non-compliance The maximum density of one (1) unit/acre is being exceeded on Lot A. To address this issue, staff recommends that a condition be imposed on Lot B that when it is developed, the acreage and the residence on Lot A be included in the density calculations. Thus, the density for the entire parcel will not exceed one (1) unit/acre, or four (4) units/acre through the PUD provision. 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 of water, at acceptable pressure. The Superintendent of the City of South Burlington Water Department reviewed the plans for the proposed project. Since there is no additional development proposed for the subject property, he did not have any issues with the plan. 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. The subject property is served by an on -site septic system. -2- The plans depict the location of the on -site septic system serving the existing single-family dwelling. 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 project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to Lots A and B will remain via the existing curb -cut serving the single-family dwelling. This is a sufficient for access to these lots for the time being. However, when development is proposed on Lot B, the applicant shall access that development off of Tilley Drive, which runs directly south of the subject property. In addition, at the time development is proposed on Lot B, Lot A shall also be accessed from Tilley Drive. The plans depict a 20' access easement extending from Tilley Drive to Lot A, which will facilitate this future access. Thus, when the subject property is fully developed, the curb -cut on Hinesburg Road will be eliminated. It is the City's desire that Tilley Drive be a collector street with an 80' wide right-of-way. The right-of-way is currently 60' wide. The Board recommends that the plans be revised to show an additional 20' added to the width of the existing right-of-way. 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 South Burlington Wetland Map indicates that there is a wetland on the subject property. No development is proposed on the subject property at this time, so staff does not feel this project requires review by the Natural Resources Committee. 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. According to Section 4.01 of the Land Development Regulations, the R1 Zoning District is formed to encourage low -density single-family residential uses. The proposed subdivision includes one (1) existing single-family dwelling and associated structures (3 barns and a greenhouse), so staff feels the project is in compliance with this requirement. 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. W11 There is no additional development proposed through this project, so open space considerations are not an issue at this time. However, if and when the applicant submits plans for additional development on the subject property, open space issues should be addressed. 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. There is no additional development proposed at this time. The project does not need to be reviewed by the Fire Chief at this time. However, the Fire Chief shall review any plans for additional development on the subject property. 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 South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on Monday February 2, 2004. They requested that a 20' wide recreation path easement be established along the northerly side of Tilley Drive to facilitate a recreation path. However, this recreation path was already established during the approval of the subdivision that created Tilley Drive. So, a recreation path with be constructed along Tilley drive in place of a sidewalk. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines services, and service modifications shall be underground. 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. Landscaping. No development is proposed through this project and therefore no additional landscaping will be required. Lot Layout. According to Section 15.10 of the South Burlington Land Development Regulations, a minimum 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. Square or roughly square lots shall not be approved With regard to this requirement, the Board has a minor concern with Lot A, as it appears to be a roughly square lot. However, this requirement is intended to regulate the layout of lots comprising larger subdivisions. Therefore, the Board feels the proposed plan is fine, but M that this requirement shall be complied with when further development of the property is proposed. Other The City Engineer reviewed and approved the final plat plans. He provided comments dated May 20, 2004. Planned Unit Development As the subject lot is over 5 acres and is designated "R1-PRD", the applicant could apply for a planned unit development. This would allow the applicant to develop a maximum of four (4) units per acre, subject to the applicable provisions of Article 15 in the Land Development Regulations. �n /� / ? DECISION ; Motion by N ARK KJ geWf�A , seconded by ( aa; to approve Final Plat Application #SD-04-76 of Barbara Neff, subject to the foll wing 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) The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording. a) The plans shall be revised to show an additional 20' added to the width of the existing right-of-way on Lot B. 4) The applicant shall comply with the requests of the City Engineer, as outlined in his comments dated May 20, 2004. 5) 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. 6) Prior to recording the final plat plans, the applicant shall record the appropriate legal documents, approved by the City Attorney, for this 20' wide addition to the existing right-of-way. 7) At the time that development is proposed for Lot B, the acreage and the residence on Lot A shall be included in the density calculations for the entire parcel. -5- 8) At the time that Lot B is developed, the existing access to Lot A off Hinesburg Road shall be eliminated (closed and seeded). 9) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 10) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 11) The final plat plan (survey plat) shall be recorded in the land records within 90 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 Director of Planning and Zoning. Chuck Bolton ye /nay/abstain/not present Mark Boucher ye nay/abstain/not present John Dinklage nay/abstain/not present Roger Farley — e a ! bstain/not present Michele Kupersmith - e /nay/abstain/not present Larry Kupferman nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote off'3 - 0 -,f)- Signed this day of December, 2004 by +John Dinklage, Chai 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). M