HomeMy WebLinkAboutSD-04-67 SD-04-68 - Decision - 1600 Hinesburg RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
MIKE ANDERSON- 3 LOT SUBDIVISION
PRELIMINARY PLAT APPLICATION #SD-04-67
FINAL PLAT APPLICATION #SD-04-68
FINDINGS of FACT AND DECISION
Mike Anderson, hereinafter referred to as the applicant, is requesting preliminary plat
approval and final plat approval for a planned unit development consisting of: 1)
subdividing a 14.12 acre parcel into three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot
#2), and 1.36 acres (lot #3), 1600 Hinesburg Road. The subject property is located in the
Southeast Quadrant (SEQ) Zoning District. The Development Review Board held a
public hearing on October 19, 2004. Skip McClellan 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
1. The applicant is requesting preliminary plat approval and final plat approval for a
planned unit development consisting of: 1) subdividing a 14.12 acre parcel into
three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot #2), and 1.36 acres (lot #3), at
1600 Hinesburg Road.
2. The owner of record is Mike Anderson.
3. The subject property contains 14.12 acres and is located in the Southeast
Quadrant (SEQ) Zoning District.
4. The Development Review Board reviewed the sketch plan for the proposed
project on July 6, 2004.
5. The plans consist of a five (5) page set of plans, page one (1) entitled,
"Subdivision Plat of the Lands of Michael J. Anderson Route 116, Hinesburg
Road South Burlington, Vermont", prepared by Button Professional Land
Surveyors, PC, dated 9/7/04, last revised on 10/18/04.
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No Text
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Zonin District
Required
Proposed
Min. Lot Size
12,000 SF
1.36 acres
Max Density
17 units
3 units
♦ Max. Building Coverage
15%
n/a
♦ Max. Overall Coverage
30%
n/a
Min. Front Setback
20 ft.
>20 ft.
Min. Side Setback
10 ft.
> ]Oft.
Min. Rear Setback
30 ft.
> 30 ft.
zoning compliance
♦ n/a because no buildings are proposed at this time
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, Jay Nadeau,
reviewed the plans and provided comments in a letter dated September 20, 2004.
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 plans depict the location of proposed sewer lines and have been approved by the City
Engineer.
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.
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The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to the proposed lots is proposed via a private roadway off of Hinesburg Road.
Pursuant to Section 15.12(D) of the Land Development Regulations, the three (3) lots may
be served via a private roadway. However, pursuant to Section 15.12(E) of the Land
Development Regulations, this roadway should be constructed to a minimum width of 20'.
The proposed roadway will be predominantly located within a designated "restricted" area.
Pursuant to Section 9.06(B) of the Land Development Regulations, the construction of
access driveways, roads, and appurtenant improvements to serve approved development
or uses shall be allowed in the "restricted" areas.
In order the facilitate a potential future connection to Kendrick Drive, the applicant has
proposed to relocate the existing 60' wide right-of-way to the west, so that it aligns with the
existing right-of-way on the property to the north. This will create a continuous 60' wide
right-of-way extending from Kendrick Drive to the southerly property boundary of the
subject property.
Circulation and traffic management are not issues with the proposed project.
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 depict the wetlands and the wetland buffers on the
subject property. These were delineated by Cathy O'Brien. The building envelope on lot
#1 is located outside of any wetlands or their associated 50' wide buffer, the building
envelope on lot #2 encroaches into a Class III wetland and its associated 50' buffer, and
the building envelope on lot #3 encroaches very slightly into a Class III wetland buffer. In
addition, the proposed private roadway will encroach into the buffers of one (1) Class II
wetland and two (2) Class III wetlands, and will encroach into a Class III wetland. The
Natural Resource Committee reviewed and approved the proposed project on June 3,
2004, with the following recommended conditions:
a. prohibit application of pesticides/herbicides in wetlands and their buffers;
b. prohibit removal of wetland vegetation;
c. prohibit mowing in the wetland and their buffers, with the exception of brush hogging
once per year;
d. preserve the three (3) Maple trees in the northwesterly portion of the property.
In addition, the applicant is proposing to extend the utility lines serving the proposed lots
through the Class II wetland and its buffer along the northerly property line. This will require
a CUD from the State Vermont's Water Quality division.
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 seems to be visually compatible with the planned development
patterns in the SEQ. The proposed project layout will preserve the open character of the
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subject property and will preserve the easterly portion of the property, which contribute to
an open space corridor running southwest from the Muddy Brook. In addition, wetland
impacts on the subject property have been minimized.
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 project layout will preserve the open character of the subject property and
will preserve the easterly portion of the property, which contribute to an open space corridor
running southwest from the Muddy Brook. This is an important corridor, as it has been
identified as containing wetlands and woodland/wildlife habitat.
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.
The South Burlington Fire Chief reviewed the proposed plans and provided comments in a
memorandum dated September 29, 2004.
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 June 7, 2004. Their comments are provided in a letter
dated June 8, 2004.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the
proposed project at its meeting on June 7, 2004, 2004.
The City Engineer reviewed the proposed plans and provided comments in a memorandum
dated September 30, 2004.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the goals and objectives of the SEQ, as outlined in
the Comprehensive Plan.
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.
The Board feels the three (3) proposed lots meet the goals of this requirement
According to Section 9.06(A) of the Land Development Regulations, land located within a
designated "restricted" area shall not be included in any lot created for residential
development after June 22, 1992. As a condition of approving a subdivision of land that
results in the creation of a lot located entirely or partially within a "restricted" area, the
Development Review Board may require the recording of a notice of appropriate
restrictions regarding such remaining lot in the land records.
SEQ Restricted Areas
The Southeast Quadrant Official Zoning Map indicates that the subject property contains
two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg
Road. The other is a "restricted area" that falls in the middle of the property that the
Southeast Quadrant Official Zoning Map identifies as a wetland. Pursuant to Section
9.08(B) of the Land Development Regulations, the DRB may approve development
activities to occur within the "restricted" areas or allow lots or portions of lots to be located
within the "restricted" areas, provided that they find such development activities are
consistent with the purpose of the SEQ.
The applicant is proposing three (3) single-family lots and building envelopes in the
"restricted" area. One (1) of these is located in a "restricted" area that was designated to
protect wetlands. However, Cathy O'Brien's wetland delineation on the property indicates
that the location of the proposed dwelling units do not encroach into any wetlands or their
buffers. Thus, the Board and the NRC are comfortable with the location of this lot and
building envelope. Two (2) of the lots and building envelopes are proposed in a "restricted"
area that was designated as a view protection zone. The location of the proposed building
envelopes are at the bottom of a steep slope grading down from Hinesburg Road. Thus,
buildings in the proposed building envelopes should not obstruct any scenic views from
Hinesburg Road.
Other
All of the additional standards outlined in Section 15.18(B) of the Land Development
Regulations are being met through the proposed project.
DECISION
Motion by CA L t Qu 10 b _ seconded by G
to approve Prar Plat A licati n #SD-04-67 and Final Plat Application #SD-04-68
pp Y pp pp
of Mike Anderson, subject to the following conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) 23his 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 & Zoning.
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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 site plan shall be revised to include the name of the proposed private
roadway, approved by the South Burlington Planning Commission.
4) The applicant shall comply with the requests of the South Burlington Water
Department, as outlined in the letter from Jay Nadeau dated September 20, 2004.
5) The applicant shall comply with the requests of the South Burlington Fire Chief, as
outlined in his comments dated September 29, 2004.
6) The three (3) houses within the development shall include residential sprinkler systems.
7) The applicant shall comply with the requests of the City Engineer, as outlined in his
memorandum dated September 30, 2004, prior to issuance of a zoning permit.
8) Water sewer lines and sewer pumping station shall remain private.
9) Pursuant to Section 15.13 (E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
10) 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.
11) The applicant shall comply with the recommendations of the Natural Resources
Committee as follows:
a) There shall be application of pesticides/herbicides in wetlands and their buffers;
b) There shall be no removal of wetland vegetation;
c) There shall be no mowing in the wetland and their buffers, with the exception of
brush hogging once per year;
d) The three (3) Maple trees in the northwesterly portion of the property shall be
preserved.
12) The applicant shall submit for approval by the City Attorney a Certificate of Title for
the property prior to recording of the final plat plans.
13) Prior to recording the final plat plan, the applicant shall submit for approval by the
City Attorney the legal documents (irrevocable offer of dedication, deed, etc) for the
proposed extension of Kendrick Drive.
14) Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
M
15) The final plat plans (the survey plat) 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 plans, 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 & Zoning.
Chuck Bolton — e nay/abstain/not present
Mark Boucher — nay/abstain/not present
John Dinklage — nay/abstain/not present
Roger Farley — e nay/abstain/not present
Michele Kupersmith —'nay/abstain/not
ea/nay/abstain o presen
Larry Kupferman — enay/abstain/not present
Gayle Quimby — e present
Motion carried by a vote of (a - G - o
Signed this Z day of October, 2004 by
ohn Dinklage, hair
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).
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