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HomeMy WebLinkAboutSD-95-0000 - Decision - 0360 Spear StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Cupola Golf Course, Inc., d.b.a. Quarry Hill Club, for a boundary line adjustment involving 3.2 acres of land between two (2) existing parcels of 27.75 acres and 6.7 acres thereby creating two (2) reconfigured lots of 24.55 acres and 9.9 acres, 360 Spear Street and 861 Williston Road. On the 12th day of September, 1995, the South Burlington Planning Commission approved the request of Cupola Golf Course, Inc., d.b.a. Quarry Hill Club for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of a boundary line adjustment involving 3.2 acres of land between two (2) existing parcels of 27.75 acres and 6.7 acres, thereby creating two (2) reconfigured lots of 24.55 acres and 9.9 acres. The sketch plan was reviewed on August 22, 1995. 2. These properties located at 360 Spear Street and 861 Williston Road lie within the R4, R7, Cl and CO Districts. They are bounded on the north by Williston Road, on the east by I-89, on the south by the Horizon Heights residential development and on the west by residences along East Terrace. 3. Access: Access to the 360 Spear Street property is provided by a private road (Quarry Hill Road) from Spear Street. This road provides access to a couple of residences, the Horizon Heights development with 77 units and the Quarry Hill Club. One of the conditions of approval for Horizon Heights required that the Quarry Hill Road "be fully upgraded to city design and construction standards in the event of: a) additional subdivision, or b) substantial further development". Another condition of this project was "that further development of the 28 acres zoned commercial shall not have access through the residential neighborhood". The lot for Horizon Heights was subdivided from the property which is the subject of this application. Access is also available from a 50 foot r.o.w. to East Terrace. Access to the 861 Williston Road property is via two (2) curb cuts on Williston Road. 4. At the sketch review, the Planning Commission decided that since this application involves only a boundary line adjustment, the Commission would not require the upgrade of Quarry Hill Road to City standard at this time. 5. Lot size/frontage: The two (2) reconfigured lots will meet the lot size requirements. The 861 Williston Road property meets the 1 frontage requirement along Williston Road and the 360 Spear Street property does not meet the minimum frontage requirement on Spear Street. This is an existing situation which will not be made worse by the boundary adjustment. 6. C.O. District: The plat does not correctly depict the C.O. District as interpreted by staff and as shown on the zoning map. The Planning Commission did apparently approve the boundary as shown on this plat in 1988. 7. Recreation path: The revised final plat does not show a recreation path easement as recommended by the Recreation Path Committee. The plan should be revised to incorporate a recreation path easement as recommended. The legal documents for the easement should be approved by the City Attorney and recorded prior to recording the final plat. 8. Other: --- the plat should be revised to show the Quarry Hill Road r.o.w. since this land is part of the lot being subdivided. --- the note regarding town zoning districts should be revised to read City zoning districts. --- the zoning district boundary line between the R4 and R7 districts is not correctly shown. --- plat should show the location of 12" water line. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final Plat application of Cupola Golf Course, Inc., d.b.a. Quarry Hill Club, for a boundary line adjustment involving 3.2 acres of land between two (2) existing parcels of 27.75 acres and 6.7 acres thereby creating two (2) reconfigured lots of 24.55 acres and 9.9 acres, Quarry Hill Club and Staples Plaza, as depicted on a plan entitled "Boundary Line Adjustment Between 89-2 Realty Company & Cupola Golf Course, Inc. South Burlington, VT", prepared by T. Bass Land Surveys, dated August, 1995, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat shall be revised prior to recording as follows: a) The plat shall be revised to show the Quarry Hill Road right-of-way which is part of the Cupola Golf Course, Inc. property. b) The plat shall be revised to show the location of the 12" water main crossing the Cupola Golf Course, Inc. property. 2 c) The plat shall be revised to accurately show the zoning boundary between the R4 and R7 Districts. d) The plat shall be revised to correct the note referring to "town" zoning districts. The note shall read "City" zoning districts. e) The plat shall be revised to show a 20 foot recreation path easement along the I-89 row and ramp row for a distance of 500 feet from the Horizon Heights property. Also, an easement shall be provided along the Quarry Hill Road. Final location shall be approved by the Recreation Path Committee. f) The plat shall be revised to not show the CO District boundary. 3. The legal documents for the recreation path easement shall be approved by the City Attorney and recorded in the land records prior to recording the final plat. 4. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chairman or Clerk prior to recording. Chairm n or South Burlington Planning Commission A/�S--- / Date 3