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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. l 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. Oa 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 :; X , G / � � bat 3