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Home My WebLink AboutSD-17-08 - Decision - 0255 Kennedy Drive (2)#SD-17-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING O'BRIEN FAMILY LIMITED PARTNERSHIP & O'BRIEN HOME FARM, LLC — 255 KENNEDY DRIVE FINAL PLAT APPLICATION #SD-17-08 FINDINGS OF FACT AND DECISION Final plat application #SD-17-08 of O'Brien Family Limited Partnership & O'Brien Home Farm, LLC to subdivide a 49.58 acre parcel into eleven (11) lots ranging in size from 1.23 acres to 9.74 acres, 255 Kennedy Drive. The Development Review Board held a public hearing on April 4, 2017. The applicant was represented by Andrew Gill. Based on the plans and 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, O'Brien Family Limited Partnership & O'Brien Home Farm, LLC, seeks to subdivide a 49.58 acre parcel into eleven (11) lots ranging in size from 1.23 acres to 9.74 acres, 255 Kennedy Drive. 2. The owners of record of the subject properties are O'Brien Family Limited Partnership & O'Brien Home Farm, LLC. 3. The application was received on March 3, 2017. 4. The property lies within the Residential 12, Commercial 1 — Limited Retail, & Residential 1— PRD Zoning Districts. 5. The plan submitted consists of one (1) page titled "Final Plat O'Brien Family, LLC & O'Brien Home Farm, LLC".prepared by Krebs & Lansing Consulting Engineers, Inc., and dated 2/17/2017. 6. The subdivision creates eleven (11) new lots as follows: Lot 4, O'Brien Home Farm, LLC, 1.42 acres Lot 5, O'Brien Home Farm, LLC, 1.23 acres Lot 6, O'Brien Home Farm, LLC, 5.75 acres Lot 7, O'Brien Home Farm, LLC, 4.53 acres Lot 8, O'Brien Home Farm, LLC, 4.33 acres Lot 9, O'Brien Family, LLC, 3.27 acres Lot 10, O'Brien Family, LLC, 3.67 acres Lot 11, O'Brien Family, LLC, 5.53 acres Lot 12, O'Brien Home Farm, LLC, 7.11 acres Lot 13, O'Brien Home Farm, LLC, 9.74 acres Lot 14, O'Brien Family, LLC, 3.0 acres #SD-17-08 Zoning District Density Allowances and Dimensional Standards Minimum lot size requirements (which vary depending upon the proposed use) are met for all eleven (11) proposed lots. The applicant is seeking an approval such that all the lots would be treated as one (1) lot under the Land Development Regulations, which will necessitate a Notice of Condition to that effect. Subdivision Standards 15.10 Lot Layout . A. Lots shall be laid out in such a way that they can be developed in full compliance with these land development regulations, and giving consideration to topography, soils, and drainage conditions. B. Except within the City Center FBC District, the following standards shall apply: Corner lots shall have extra width to conform to setbacks on each street. No subdivision showing any reserved strips shall be approved. A 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. Developments consisting predominantly of square or roughly square lots or lot with an excessive length to width ratio (i.e. spaghetti lots) shall not be approved. The lots would be treated as one (1) lot under the Land Development Regulations, therefore the lot layout standards do not apply. Access In accordance with Section 3.05(B): (2) The Development Review Board may approve subdivision or development of lots with no frontage on a public street, as long as access to such a street by a permanent easement or right- of-way at least twenty (20) feet in width is provided, according to the following procedures: (a) ... (b) ... The lots would be treated as one (1) lot under the Land Development Regulations, therefore the access standards do not apply. nrricinti Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-17-08 of O'Brien Family Limited Partnership & O'Brien Home Farm, LLC, 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. 2 #SD-17-08 3. The plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. 4. For purposes of the LDRs, all lots included in this subdivision shall be considered one (1) lot. The applicant shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 5. The mylar must be recorded prior to any zoning permit issuance. 6. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital pdf format. 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 plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit a copy 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 David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5— 1— 0. Signed this 5th day of April 2017, 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://vermontjudiciary.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.