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HomeMy WebLinkAboutSD-18-03 - Decision - 0012 Ledoux Terrace#SD-18-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BURLINGTON INTERNATIONAL AIRPORT 12 LEDOUX TERRACE FINAL PLAT APPLICATION #SD-18-03 FINDINGS OF FACT AND DECISION Final plat application #SD-18-03 of Burlington International Airport to subdivide a 16,596 sq. ft. lot developed with a single family dwelling into two (2) lots of 9,500 sq. ft. (lot #1) and 7,096 sq. ft. (lot #2), and to join lot #2 with the 7,273 sq. ft. lot located at 5 Maryland Street, 12 Ledoux Terrace. The Development Review Board held a public hearing on Tuesday, March 6, 2018. The applicant was represented by Chris Galipeau. 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-17-20 of Burlington International Airport to subdivide a 16,596 sq. ft. lot developed with a single family dwelling into two (2) lots of 9,500 sq. ft. (lot #1) and 7,096 sq. ft. (lot #2), and to join lot #2 with the 7,273 sq. ft. lot located at 5 Maryland Street, 12 Ledoux Terrace. 2. The owners of record of the subject properties are Clayton & Gail Holmes and City of Burlington. 3. The application was received on January 7, 2018. 4. The subject property is located in the Residential 4 Zoning subdistrict. 5. The plan submitted is entitled "Minor Subdivision Clayton & Gail Holmes 12 Ledoux Terrace South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated April 5, 2016, and last revised on 12/8/17. 6. The Project is located in the Residential 4 district. The Development Review Board reviewed a version of the application on August 23, 2017 (#SD-16-16). Board comments at that time were that the newly created lot must have frontage. This project was again reviewed under sketch plan review on November 21, 2017 under application #SD-17-27. This issue has been addressed in this application by proposing to join the newly created lot #2 to the existing lot located at 5 Maryland Street. 7. The current application is to subdivide an existing lot into two (2) lots. The first lot will retain the existing dwelling unit and accessory buildings, while the newly created vacant second lot is proposed to be joined to an existing lot fronting on Maryland Street. The lot fronting on Maryland Street, and all lots abutting the second lot, are owned by the City of Burlington. Ledoux Terrace and PLANNING a zaNiNG 1of5 #S D-18-03 Maryland Street comprise a loop connected to Airport Drive which likely sees little through traffic. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Density 8. The R4 district has a minimum lot size of 9,500 sq. ft. and a maximum density of four (4) units per acre. The proposed size of Lot #1 is 9,500 sq. ft. Lot #2 will be exceed the minimum lot size when combined with the 5 Maryland Street. The combined acreage of Lot #1, Lot #2 and 5 Maryland Street is 0.55 acres. With the combined development potential for two (2) units, this subdivision meets the density and minimum lot standards for the district. The Board finds that the density requirements will be met. Setbacks & Lot Dimensions 9. The existing dwelling unit is located within the front yard setback, and the existing garage and shed are located within the side yard setback. The degree of non -conformity will not be changed by the proposed subdivision. The existing building coverage is 10.6% and the proposed building coverage for Lot #1 is 18.6%. Both of these values are below the allowable maximum of 20% building coverage. The existing lot coverage is 14.8% and the proposed lot coverage for Lot #1 is 25.9%. Both of these values are below the allowable maximum of 40% lot coverage. The Board finds that the setback & lot dimensional requirements will be met. SUBDIVISION STANDARDS 10. 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 prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely 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 Lot 1, and access to Lot 2 will be via the parcel at 5 Maryland Street. The Board finds this criterion to be met. southInplim, ';ton PLANNING & Z0 I N 6 2of5 #5 D-18-03 (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. No natural resources areas are present on the subject property. The Board finds this criterion to be 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 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. The Board finds this criterion 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, 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 utilities located within the Ledoux Terrace right of way and therefore the subdivision will not affect compliance with this criterion. (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. south"' PLANNINr & ZDNiNG 3of5 #SD-18-03 (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 Matt Cota, seconded by Frank Kochman, to approve final plat application #SD-18-03 of Burlington International Airport, 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. 3. 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. The plat plan must be revised to include the signature and seal of the land surveyor. 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 6 — 0 — 0. sauth) l o �W Pt. .ANN1NG & LON MG 4of5 #SD-18-03 Signed this 7th day of March 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://vermontiudiciary.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. scut o IM_. PLAN N 'I"WC 0NING 5of5