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HomeMy WebLinkAboutSD-18-15 - Decision - 1731 Hinesburg Road#SD-18-15 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ERNEST N. AUCLAIR FAMILY TRUST 1731 HINESBURG ROAD FINAL PLAT APPLICATION #SD-18-15 FINDINGS OF FACT AND DECISION Final plat application #SD-18-15 of Ernest N. Auclair Family Trust to subdivide an existing parcel developed with a single family dwelling into two lots of 15 acres (Lot #1) and 117 acres (Lot #2), 1731 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, June 5, 2018. The applicant was represented by Jennifer Desautels. 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 project consists of Final plat application #SD-18-15 of Ernest N. Auclair Family Trust to subdivide an existing parcel developed with a single family dwelling into two lots of 15 acres (Lot #1) and 117 acres (Lot #2), 1731 Hinesburg Road. 2. The owner of record of the subject property is Ernest N. Auclair Family Trust. 3. The application was received on April 16, 2018. 4. The subject property is located in the Southeast Quadrant Neighborhood Residential (SEQ-NR) and Natural Resource Protection (SEQ-NRP) Zoning subdistrict. 5. The submitted plans consist of a two (2) page set. The first page is entitled "Site Plan", prepared by TCE, dated March 30, 2018. 6. The Development Review Board reviewed a sketch plan application on May 6, 2018 (#SD-18-14). 7. The project consists of subdividing off a 15 ac. parcel (referred to on the plans as "New Lot 3") from the larger 117+/- ac. parcel (referred to on the plans as "Remainder of Auclair Trust Parcel, Lot 2"). The new 15 ac. parcel will include the existing 8-bedroom farmhouse and one existing barn. There is no new construction proposed. 8. The State requires the applicant to provide a location for a future replacement wastewater system should the existing system fail. There is also a future replacement well site shown as required by the State. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The 15 acre parcel is located entirely within the SEQ-NR district. The remaining 117 acre parcel is located south' 1 PLANN�Nr, & 1.0Ni NG 1of5 #SD-18-15 partially within the SEQ-NR district and partially within the SEQ-NRP district. Dimensional standards described in Appendix C are the same for both districts. Existing development on the 15 acre parcel consists of a single-family farmhouse and a barn. Existing development on the 117 acre parcel consists of a dairy barn and farm roads, which are eligible for agricultural exemption and not subject to DRB review. SEQ-NR & SEQ- Required 15 Acre Parcel 117 Acre NRP Parcel ✓Min. Lot Size 40,000 sq. ft. >40,000 sq. ft. >40,000 sq. ft. ✓Max. Building 15% 1.69% N/A Coverage' ✓Max. Overall 30% 2.64 % N/A Coverage' ✓Min. Front 20 ft. >20 ft. N/A Setback ,,'Min. Side 10 ft. > 10 ft. N/A Setback ✓Min. Rear 30 ft. > 30 ft. N/A Setback Building Height 28 ft. Unknown, no N/A (pitched roof) change proposed ✓Proposed to be in compliance 1. Includes non-agricultural exempt elements only This subdivision meets the density and minimum lot standards for the district. The Board finds that the density requirements will be met. SUBDIVISION STANDARDS Section 15.18A of the South Burlington Land Development Regulations establishes the following general standards for all subdivisions. (1) Sufficient water supply and wastewater disposal capacity is available to 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. No new buildings or expansion in use are proposed. The Board finds this criterion to be met. (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. No construction is proposed. The Board finds this criterion to be met. (3) The project incorporates access, circulation and traffic management strategies sufficient to t unreassznabj_e_congesSion of adjacent roads. In m i southhu rl hwt c a°L.ANNING 2. aNPN6 2of5 #SD-18-15 on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The access will remain unchanged for the 15-acre parcel, via a driveway north of the existing home. Access to the 117-acre parcel is via two (2) existing curb cuts south of the existing barn on VT116. In addition to this standard, the Vermont Agency of Transportation (VTrans) has reviewed the plan and notes that 19 VSA Section 1111(k) states the following. No deed purporting to subdivide land abutting a State highway or a class 1 town highway can be recorded unless all the abutting lots so created are in accord with the standards of this section, including the requirement to provide a frontage road or roads. They further note that the standards of Section 1111 require an access plan be provided for the current use. The Board finds that access has been provided. (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. 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. The 117 acre lot contains a large area of wetlands at the southeast corner according to State wetland mapping. The Board finds that there is sufficient area available on the lot available to allow future development without necessitating wetland impacts. The applicant has supplied a site plan indicating shallow ledge over a portion of the 15 acre lot. The Board has no concerns about the ability of the subdivision to protect these natural resource areas, and finds this criterion met. (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. The purpose of the SEQ district is to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well - planned residential use. The Board finds this criterion met. (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. No construction is proposed. The Board finds this criterion to be met. (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, so-ti h1. ! 1A1k q �� 1 coo: P1ANNINr ZONING 3of5 #SD-18-15 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. No changes affecting the ability to provide fire protection are proposed. The Board finds this criterion met. (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 properties. No changes affecting this criterion are proposed. The Board finds this criterion met. (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. The Board finds that the subject property is served by private water and wastewater systems, and electric accessed via Hinesburg Road. The 117 acre lot draws electricity via a line which crosses the 15 acre lot. The Board finds that a utility easement on the 15 acre lot is needed. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds this criterion met. (11) The project's design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. No construction is proposed. The Board finds this criterion to be met. DECISION Motion by John Wilking, seconded by Brian Sullivan, to approve final plat application #SD-18-15 of Ernest N. Auclair Family Trust, 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. The plat plan must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat must be submitted to the Administrative Officer prior to recording the plat. a. Include the signature and seal of the land surveyor. b. Show a utility easement on the 15-acre lot to serve the 117-acre lot south 1;at PiP,N N I N G Z0NN G 4of5 #SD-18-15 4. A digital PDF version of the full set of approved final plat must be delivered to the Administrative Officer before recording the final plat plan. 5. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. 6. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) must be recorded in the land records within 180 days or this approval is null and void. The plat plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit copies of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. 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 Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5 — 0 — 0. Signed this 8th day of June 2018, by Bill Miller, 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://vermontoudiciary.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. southburlin PlANNING x ZONING 5of5