HomeMy WebLinkAboutSD-06-09 SD-06-10 - Decision - 0250 Autumn Hill RoadJ
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHARLES & JUDITH SCOTT - 3-LOT SUBDIVISION
250 AUTUMN HILL ROAD
PRELIMINARY PLAT APPLICATION #SD-06-09
FINAL PLAT APPLICATION #SD-06-10
FINDINGS OF FACT AND DECISION
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Charles & Judith Scott, hereinafter referred to as the applicants, are seeking to subdivide
a 46.31 acre developed with a single family dwelling into three (3) lots of 3.0 acres (lot
#5a), 3.0 acres (lot #5b), and 40.2 acres (lot 5c), 250 Autumn Hill Road. The
Development Review Board held public hearings on March 7, 2006 and March 21,2006.
Charles Scott was present at the meetings.
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 applicants are seeking to subdivide a 46.31 acre developed with a single
family dwelling into three (3) lots of 3.0 acres (lot #5a), 3.0 acres (lot #5b), and
40.2 acres (lot 5c), 250 Autumn Hill Road.
2. In 2004, the City of South Burlington purchased a permanent conservation
easement from the applicants. This permanent easement restricts lot 5c (40.2
acres) to open space uses and created a 200 foot wide recreation area at the
eastern boundary of the lot. The permanent conservation easement also
stipulated that the applicants were entitled to apply for subdivision of the property
to create two separate single-family lots of 3.0 acres each, one around the
existing home and a new lot in the location identified on the subdivision plat.
3. It was anticipated by City Council that this subdivision would occur pursuant to
the conservation easement. To the very best of the Board's knowledge, this
application is consistent with the relevant terms of the conservation easement.
4. The applicant appeared before the Development Review Board on December 20,
2005 for sketch plan review.
5. The owners of record of the subject property are Charles L. Scott II & Judith S.
Scott, Trustees of the Charles L. Scott, II Revocable Trust and the Judith S. Scott
Revocable Trust.
6. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
7. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Proposed Subdivision of Land of Judith Stultz Scott and Charles Lewis Scott, II,
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Trustees Autumn Hill Road, South Burlington, VT", prepared by Harris Surveying
& Land Dispute Resolution, dated December 5, 2005.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Zoning
District
Required
Proposed
Lot 5a
Lot 5b
Lot 5c
Min. Lot Size
12,000 SF
3.0 acres
3.0 acres
40.2 acres
4 zoning compliance
** No buildings are proposed for this property as part of this application. A single family
home exists on Lot 5a and will remain; a single-family residence may be constructed in
the future pursuant to an approved subdivision on lot 5b; and no buildings of any kind
may be built on Lot 5c (40.2 acres) as a result of the conservation easement.
SUBDIVISION CRITERIA
Per Section 3.05(B) of the South Burlington Land Use Regulations, concerning lots with
no public road frontage, this subdivision shall be considered a major subdivision and is
subject to the requirements and major subdivision criteria of Article 15 of the South
Burlington Land Development Regulations.
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.
There are no new buildings or associated infrastructure proposed for this property as part of
this application. Areas for a septic system and replacement field, as well as wells, have
been identified in appropriate locations to service a future house on Lot 5b. These will be
subject to State and local wastewater and water supply approvals.
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.
On site septic is proposed to continue on Lot 5a and to be installed on Lot 5b in the future
when a house is built.
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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.
The applicant should take reasonable erosion control precautions in the construction of a
house and associated infrastructure on Lot 5b. At such time that any development occurs,
either for the building of residential units or the road, the applicant shall submit grading and
erosion control plans that shall be in compliance with the standards for erosion control as
set forth in Section 16.03 of the South Burlington Land Development Regulations. In
addition, the grading plan shall meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
At this time, the applicant is unsure which roadway will be used to access lot 5b. A right-of-
way exists for access through the property to the west, owned by Vincent and Allyson
Bolduc, which connects to Dorset Street. This is noted as Jennie Blair Lane on the final
plat. This right-of-way does provide sufficient access for a single-family residence.
However, the road will need to be upgraded to city standards if this route is chosen.
At such time in the future as lot 5b is proposed to have a house constructed on it, the
applicant should finalize the access to the property understanding that upgrades will be
needed.
Lot 5c will not have vehicular access per the conservation easement.
Lot 5a will continue to use Autumn Hill Road for access.
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 submitted depict a class III wetland on lot 5b. It is unclear if these are existing
wetlands or wetlands that will result from the proposed fire pond. The wetlands depicted by
the applicant do not appear to match those shown on the state's wetland maps. The
applicant should address this issue with a clear and complete wetlands map, including
appropriate buffers. Wetland impacts cannot be assesed without a clear delineation of the
site's wetlands.
Aside from any wetland issues, the applicant depicts a 50 foot buffer from the pond.
However, the proposed building envelope encroaches upon the buffer. The applicant
should address this issue and has two options. The applicant can: 1) revise the building
envelope to stay out of the buffer or 2) appear before the South Burlington Natural
Resources to discuss the buffer encroachment. Even if the NRC recommends allowing the
encroachment, the DRB will need to issue a final finding on the matter.
Furthermore, the right-of-way being proposed as the access for lot 5b crosses a wetland
area. This wetland and associated buffer should be shown on the plats.
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It is possible that at such time as a house is built on Lot 5b, the applicant may be able to
use the existing Autumn Hill Road to access the lot rather than Jennie Blair Lane. This
would prevent wetland impacts and a new curb cut on Dorset Street. Prior to the issuance
of a zoning permit, the Natural Resources Committee review and sign -off shall be required
to evaluate wetland issues if Jennie Blair Lane is to be utilized for access.
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 applicant has noted that the newly created lot will be targeted for residential
development. The proposed subdivision is compatible with the planned development
patterns of the SEQ Zoning District, as outlined in Section 9.01 of the Land Development
Regulations, and with the terms of the conservation easement purchased by the City.
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 lot layouts and configuration of conserved open space are consistent with the SEQ
plan and with the conservation easement on the property.
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.
The Fire Chief has reviewed the plans and provided comments in a letter dated December
20, 2005.
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.
The use of on -site wells and wastewater and minimization of new roadways are appropriate
in this case.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
There are no new buildings or associated infrastructure proposed for this property as part of
this application. It has been noted above regarding the choice of access roads for this
property.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision is in conformance with the South Burlington Comprehensive
Plan, particularly in light of the conservation easement for the property.
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Lot Layout
Lot layout is acceptable. Lot #5a is developed with an existing single family dwelling with
a proposed building envelope. A building envelope is also proposed for lot #5b.
RECREATION PATH
Explore the possibility of a recreation path along the southern boundary of the
property, whether permitted in the conservation agreement.
The conservation agreement relating to this property has been examined. It is known as
the Grant of Development Rights and Conservation Restrictions, recreation Path
Easements, Option, and Right of First Refusal, and found that Section VI (5) specifies
that "the City shall not construct or maintain any improvement, including but not limited
to any recreation path or facility, on the Protected Property within two hundred feet (200')
of the Current or Future Home Sites..."
No further review by the Recreation Path Committee will be needed as no recreation
path may be legally built.
ACCESS TO CONSERVED LOT
Explore the methods and modes of access to the conserved lot (referred to in
hearing as Lot C).
The conservation easement agreement relating to this property has been examined. It
specifies that "no motorized traffic.... shall be allowed to use the pathway, except for
emergency vehicles for the purpose of maintaining, including snowplowing in the City's
discretion or patrolling the pathway." There shall be no vehicular access to this site
except as noted here. Access to the property shall be via a pedestrian easement only.
OTHER
This request includes the elimination of a 60 foot right-of-way along the south boundary
previously approved "for a potential future city street".
DECISION by� 1
Motion by �� Q� ��� seconded bye+ X kp kxkA N to
approve Preliminary Plat Applicati n #SD-06-09 and Final Plah Application #SD-06-10 of
Charles & Judith Scott, 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.
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3) The plat plans 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 recording:
a) The plans shall be revised to modify the building envelope to respect the
pond/wetland buffer.
b) The plans shall be revised to show a complete wetlands delineation for lot 5b.
4) The applicant shall comply with the requests of the South Burlington Fire Chief as
outlined in his letter dated December 20, 2005.
5) On -site wastewater systems and wells shall be subject to state and local regulations; all
permits shall be demonstrated to be in place prior to issuance of a zoning permit for a
house on lot 5b.
6) The applicant shall address erosion control measures when they apply for development
of the roads or residential buildings. The applicant shall at that time submit grading and
erosion control plans that shall meet the standards set forth in Section 16.03 and 16.04
of the South Burlington Land Development Regulations.
7) Prior to the issuance of a zoning permit for a house to be constructed on lot 5b, the
owner shall obtain approval from the Development Review Board as an amendment
to this subdivision that access will be provided to the lot over either:
i) Jenny Blair Lane: in which event the owner will provide any State and Army
Corps permits which may be required to cross the wet area which is being
traversed by the proposed road. Such road will meet the then required City
standards for roads providing access to fewer than 4 homes.
ii) Autumn Hill Road: in which event the owner will improve the road to the then
required City standards for roads providing access to 4 or more houses.
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iii) Other means as approved by the Development Review Board.
8) If Jennie Blair Lane is to be constructed at any time in the future, the Natural Resources
Committee (NRC) shall be consulted regarding impacts from the crossing prior to
issuance of a zoning permit for the lot.
9) The residence constructed on lot 5b shall include a residential sprinkler system.
10) Access to conserved lot shall be by pedestrian traffic only.
11) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
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12) 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 in digital format. The format of the digital information
shall require approval of the Director of Planning and Zoning.
Mark Behr —&nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/ of resent
Chuck Bolton — yea/nay/abstain of presen
John Dinklage nay/abstain/no present
Roger Farley — 5enay/abstain/not
/abstain/not present
Larry Kupferman nay/abstain/not present
Gayle Quimby — present
Motion carried by a vote of 5-- d - C)
Signed this 2j day of 2006, by
/ John Dinkl ge, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
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