HomeMy WebLinkAboutSD-99-12 - Decision - 0200 Allen Roadl
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
#SD-99-12
Re: Final plat application of Frank Irish to subdivide a 39.96 acre parcel into three (3) lots of
28.21 acres, 5.5 acres, and 6.25 acres, 200 Allen Road.
On the 9' day of March, 1999, the South Burlington Planning Commission approved the request
of Frank Irish for final plat approval under Section 202 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of subdividing a 39.96 acre parcel into three (3) lots of 6.25 acres (lot
#1), 5.5 acres (lot #2), and 28.21 acres (lot #3). Lot #2 is developed with a farm stand and lot #1
is developed with a single family dwelling and barn. The sketch plan was reviewed on 1/12/99.
2. This property located at 200 Allen Road lies within the R2 District, Conservation and Open
Space District, and the Bartlett Brook Watershed Protection Overlay District. It is bounded on
the north by Harbor View Road, Harbor Ridge Road, a City Park and residences, on the west by
residences, on the south by Allen Road, and on the east by residences.
3. Access: Access to lot #2 is by a curb cut on Allen Road to the farm stand approved by the
Planning Commission on 2/22/94. Access to lot #1 is by two (2) existing curb cuts on Allen Road
and a 50 foot r.o.w. extending from Harbor Ridge Road to Allen Road. No access proposed for
lot #3 at this time. The Comprehensive Plan shows extending Bay Crest Drive and Harbor Ridge
Road to Allen Road.
4. Lot size/frontage: The minimum lot size requirement of 19,000 square feet (0.44 acres) and
the minimum frontage requirement of 100 feet is being met by all three (3) lots. If the applicant
wishes to use lot #2 for agriculture as defined in the zoning regulations, the lot must be a
minimum of 10 acres in size. The applicant is proposing to create a 5.5 acre lot for the farm
stand.
5. The applicant should be aware that under the City's zoning ordinance, a minimum of 10 acres
needs to be maintained in this district in order to perform any kind of agricultural use. This
includes a farm stand and even the growing of vegetables for sale at another farm stand such as
across the street. If the applicant has any intention to use lot #2 for any kind of agricultural use,
staff recommended that the lot be increased in size to at least 10 acres.
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6. C.O. District/Wetland Buffer: This property includes drainageways and wetlands. The final
plat plan shows the drainageways, delineated wetlands and the corresponding C.O.
District/wetland buffer.
7. Bartlett Brook Watershed Protection Overlay District (BBW) This property is located in the
BBW District and is subject to the provision of Article XXIII of the zoning regulations.
8. Recreation Paths/pedestrian Trails: The official map shows two (2) proposed recreation
paths/pedestrian trails on this property running north -south along the 60 foot r.o.w. from Harbor
Ridge Road to Allen Road and from Bay Crest Drive to Allen Road. The Recreation Path
Committee reviewed this plan and submitted comments. The committee is recommending the
applicant provide a 20 foot easement along the Allen Road frontage of lots 1, 2 and 3.
9. Neighborhood Park: The City's Comprehensive Plan calls for expanding the neighborhood
park (5 to 10 acres in size), which abuts lot #3 to the north, onto this property.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the
application of Frank Irish to subdivide a 39.96 acre parcel into three (3) lots of28.21 acres, 5.5 acres,
and 6.25 acres, 200 Allen Road, as depicted on a two (2) page set of plans, page one (1) entitled,
"Three Lot Subdivision for Frank B. Irish (Estate of Bernice S. Irish) 200 Allen Road South
Burlington, Vermont," prepared by Vermont Land Surveyors, dated January 26, 1999, with the
following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2. The plat plans shall be revised to show the changes listed below and shall require approval of the
Director of Planning & Zoning(hereinafter Director). Four (4) copies of the approved revised plat
plans shall be submitted to the Director prior to recording:
a) The final plat plan (survey plat ) shall be revised to show a 20 foot easement for a
recreation path/pedestrian trail along the Allen Road frontage of lots #1, 2 and 3.
3 Prior to recording the final plat plan, the applicant shall submit a legal document for the recreation
path easement/pedestrian trail which shall require approval of the City Attorney. The legal document
shall be recorded in the land records prior to recording the final plat.
4. Any change to the final plat plans shall require approval of the South Burlington Planning
Commission.
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5. 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 Planning Commission 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.
Chairman oT Clerk
South Burlington Planning Commission
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