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Home My WebLink AboutSD-09-24 - Decision - 0140 0150 Kennedy Drive#SD-09-24 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STEVE HACKETT — 140 AND 150 KENNEDY DRIVE FINAL PLAT APPLICATION #SD-09-24 FINDINGS OF FACT AND DECISION Steve Hackett, hereafter referred to as the applicant, requests final plat approval for a re - subdivision (boundary line adjustment) of two (2) lots, 140 and 150 Kennedy Drive. The Development Review Board held a public hearing on June 2, 2009. The applicant represented himself. 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 requests final plat approval for a re -subdivision (boundary line adjustment) of two (2) lots, 140 and 150 Kennedy Drive. 3. The owner of record of the subject property is the HVM Corporation. 3. The application was received on 5/11/2009 4. The subject property is located in the Residential 7 Zoning District. 5. The plan submitted is entitled, "Final Resubdivision Plat Properties of H.V.M. Corporation 140 and 150 Kennedy Drive South Burlington Vermont," prepared by Stuart J. Morrow, dated May, 2009. The applicant has provided a table including dimensional information about the proposed lots. Both meet the standards for the district, as the land exchanged is relatively small in comparison to the size of the lots. The property at 140 Kennedy Drive will increase from 2.10 acres to 2.25 acres. The property at 150 Kennedy Drive will decrease from 1.42 acres to 1.27 acres. The total land involved in exchange is 0.15 acres. 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. I:\Development Review Boa rd\Findings_Decisions\2009\hackett_SD0924_ffd.doc #SD-09-24 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. 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. No new buildings or infrastructure is proposed. Therefore, review by the Water Department or Water Quality Control department is not necessary. 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. No new construction or alterations to grade are proposed. Therefore, an erosion control plan is not necessary as part of this application. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The existing access will not change. An access easement is proposed. 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 do not depict Class II wetlands on the subject property. 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 is in keeping with the planned development patterns of the Zoning District. 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. There are no changes to the layout of the site. 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. As no new infrastructure or buildings are proposed, there is no need for review by the Fire Department. 2 I:\Development Review Boa rd\Findings_Decisions\2009\hackett_SD0924_ffd.doc #SD-09-24 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. There are no changes necessary with respect to this criterion. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. As there are no changes to the road network and no new buildings are proposed, there is no need for review by the City Engineer. 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. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The Board finds the access and circulation on site to be appropriate and acceptable. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Changes to this criterion are not necessary as a result of this application. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. No new buildings are proposed at this time. Existing buildings are within the limitations of the district. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. I:\Development Review Boa rd\Findings_Decisions\2009\hackett_SD0924_ffd.doc #SD-09-24 The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No new buildings or infrastructure is proposed. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No new buildings or infrastructure is proposed. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. At this time, there is no need for any additional access easements Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. Landscaping No new construction is proposed; there are no minimum landscaping requirements. DECISION Motion by fl��C ��(I �? �� seconded by 46 ex to approve Final Plat Application #SD-09-24 of Steve Hackett, subject to the following 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 final plat shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. 4 11Development Review Boa rd\Findings_Decisions\2009\hackett_SD0924_ffd.doc #SD-09-24 a. The survey plat shall be revised to include the seal and signature of the land surveyor. 4. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 5. The final plat plan (survey plat) shall be recorded in the land records within 180 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 South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/nof present John Dinklage — yea/nay/abstain/not present Roger Farley —�lnay/abstain/not present Eric Knudsen — yea/nay/abstain not pren psGayle Quimby —&nay/abstain noreent Motion carried by a vote of - d Signed this day of 2009, by John Dinklage, Chairman v� Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). 5 I:\Development Review Boa rd\Findings_Decisions\2009\hackett_SD0924_ffd.doc