HomeMy WebLinkAboutSD-93-0000 - Decision - 1600 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Larkin-Milot Partnership for
a planned residential development consisting of 73 single family
lots on 66.7 acres of land located on the east side of Spear Street
opposite Deerfield Drive.
On the loth of August, 1993, the South Burlington Planning
Commission approved the request of Larkin-Milot Partnership for
final plat approval under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of a planned residential development
consisting of 73 single family lots. Preliminary plat approval was
granted on 3/30/93.
2. This property is located on the easterly side of Spear Street
in the vicinity of Deerfield Drive. It is bounded on the west by
Spear Street and several single family residences, on the north,
south and east by undeveloped property. It is located within the
Southeast Quadrant District.
3. The applicant, since preliminary plat, has reduced the number
of lots located to the east of the Meredith, Gagnon, Chiu and IBIS
properties in order to increase the size of the lots in this area.
The number of lots were reduced from six (6) to four (4). The two
(2) lots were relocated to the end of the cul-de-sac and its length
increased by 100 feet to 1100 feet.
4. Access: The development is proposed to be served by two (2)
accesses, one at either end of the property along Spear Street.
The southerly access will be an extension of Deerfield Drive and is
part of the east -west arterial shown on the Official Map.
5. The northerly access was relocated approximately 150 feet to
the south to minimize the impact on the houses located on the west
side of Spear Street with headlight glare. This was a requirement
of the preliminary plat approval.
6. A cul-de-sac street is proposed on the easterly side of the
property running in a north -south direction. This street would
serve 20 lots and would provide future access to the Farrell
property to the north and the Economou property to the east via
reserved r.o.w.'s. This cul-de-sac is 1,100 feet in length and
would exceed the allowable limit of 850 feet (Section 401.1(7) of
the subdivision regulations). The Planning Commission approved the
length of the cul-de-sac as part of its preliminary plat approval.
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7. Density: The PRD provision in the Southeast Quadrant zoning
may allow this property to generate 73 units (maximum base density)
plus 25% or 92 units maximum for development. The applicant is
proposing the maximum base density of 73 units.
8. Nonbuildable are
lots are within the
zoning. Included in
(lots 5-8) for which
to keep the houses
envelopes are shown i
El: Either all or a portion of 45 individual
restricted area under the Southeast Quadrant.
this number are the lots along Spear Street:
the applicant is proposing building envelopes
away from Spear Street. These building
)n the plan.
9. Wetlands: The site contains approximately five (5) acres of
class 2 wetlands which are shown on the plans.
10. View protection: This property is located within the Dorset
Park View Protection Zone. The applicant has submitted detailed
information on the allowable height of each house within
development. Allowable heights for structures and landscaping will
range from 17.6 feet to 41 feet.
11. Recreation Path/Pedestrian Trail: The path/trail has been
relocated outside of the wetland area as recommended by the Natural
Resources Committee. A 20 foot easement is being provided for that
portion of the path/trail which is not located within a future
street r.o.w. The path/trail has been widened to eight (8) feet
for the entire length of Deerfield Drive as required under
preliminary plat approval.
12. The survey plat should be revised to provide survey data on
the location of the path/trail easement. This should include the
same type of information provided for a City street.
13. Traffic: A traffic impact analysis was conducted. The study
projects that at full build -out the project will generate 81 P.M.
peak our trip ends.
The following scenarios were evaluated:
o North and south project access with Spear Street:
--- 1993 A.M. and P.M. DHV with Phase I build (i.e., 37 units)
--- 1988 A.M. and P.M. DHV with full -build (i.e., 73 units)
o For Spear Street/Swift Street Intersection:
--- Existing 1993 and 1998 A.M. and P.M. DHV (no -build)
--- 1993 A.M. and P.M. DHV with Phase I
--- 1998 A.M. and P.M. DHV with full -build
14. The results of the analysis indicate the following: 1) both
project access intersections and the Spear Street/Swift Street
E
intersection will operate at acceptable levels of service during
both the 1993 and 1998 build scenarios, 2) traffic safety (e.g.,
sight distances) will not be a problem, and 3) upon the completion
of Phase I,southbound left turn lanes on Spear Street for traffic
entering both project accesses will be needed.
15. An addendum to the traffic impact analysis was prepared in
response to concerns expressed by staff. The applicant took new
traffic counts at the Spear/Swift Street intersection. The counts
were adjusted to the design hour and turned out to be slightly
higher than the counts used in the original analysis. The model
was rerun with the new numbers and the results were presented in
Table 3 in the addendum indicates that the Spear Street/Swift
Street intersection will operate at an acceptable LOS with the
project fully built.
16. The consultant also reran the analysis for existing conditions
using existing signal timings. The previous report had assumed
optimal signal timings for existing conditions. Table 2 in the
addendum presents the results of the model assuming existing signal
timings. The estimated LOS for the north bound approach during the
A.M. peak hour is "E". This better reflects existing conditions.
It is the consultant's opinion that the intersection LOS can be
greatly improved by simply adjusting the signal timings so that
less green time is given to Swift Street during the A.M. peak.
Signal timings have been adjusted and the intersection is working
much better than before.
17. The applicant has submitted a plan for proposed improvements
to the corner radius for northbound right -turns at the Spear
Street/Swift street intersection. This was a requirement for
preliminary plat approval.
18. Sewer: The Planning Commission at preliminary plat approval
granted a sewer allocation of 46,957 g.p.d. based on the following
conditions: "The length of time that this sewer allocation
approval shall remain in effect shall be tied to roadway
construction. The roadways serving this development shall be
completed within four years of final plat approval. The sewer
allocation for any lots served by roadways which are not completed
within this four year time limit shall be lost unless reapproved by
the Planning Commission. In addition, if at the end of three years
no more than 50% of the roads have been completed, 25% of the total
sewer allocation shall be lost unless reapproved by the Planning
Commission".
19. Historic sites: The applicant has received a letter from
State Division for Historic Preservation indicating that the
project will not have an adverse effect on any historic or
archeological properties.
20. Recreation_ A credit of $22,000 should be given the applicant
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for construction of the portion of the proposed recreation path
located outside of any public street r.o.w. This value is based on
$11 per linear foot for a distance of 2,000 feet. This translates
to $300 per lot. Based on the current recreation impact fee of
$200, the applicant would not pay a recreation fee since the credit
is more than the actual fee. If in the future the City adopts a
recreation fee of more than $300 per lot, then the applicant would
be required to pay the difference.
21. Landscaping/Street Trees: The landscaping plan has been
revised since preliminary plat to propose trees appropriate to the
tree height limits. The landscaping plan has also been revised to
add a note addressing the requirement for two ( 2 ) trees on each
lot. The total value of street trees and common areas is $130, 366
and the value for the two (2) trees per lot is $65,335.
22. School Impact: The Planning Commission as part of the
preliminary plat approval imposed a condition (#16) which prevents
a zoning/building permit from being issued until after the City
adopts an education impact fee ordinance or September 1, 1993,
whichever first occurs. This condition should also be made a part
of the final plat approval.
23. Lighting: The applicant is proposing street lighting similar
to what is in Butler Farms and Oak Creek. The lamps would be 70
watt high pressure sodium mounted on 20 foot poles with cut-off
luminaries. It appears the top of the fixtures will meet the
height limitation.
24. Water: Municipal water system will serve this development.
The applicant has received a letter from CWD indicating that the
demand of 43,800 g.p.d. can be met.
25. Leaal Documents:
o applicant should submit a "Notice of Condition"
addressing the requirement of two (2) trees on each lot,
addressing the height limitations for structures and
landscaping on each lot, and addressing the requirement
of the homeowner's association to maintain the community
mailbox area and all drainage ditches for review by the
City Attorney.
o the applicant should submit the legal documents for all
public streets and easements for review by the City
Attorney.
o applicant should submit a "Notice of Condition"
addressing the building envelopes on lots #5-8 and
purpose and restrictions thereof for review by the City
Attorney.
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26. Subdivision plat:
--- survey data for the recreation path/pedestrian trail easement
and the utility easement between lots 41-42 and 57-58 should
be provided.
27. Other:
--- lot numbers not correctly shown on sheet 2.
--- the plans should show a 20 foot drainage easement across the
Ratkus property for the drainage pipe. This easement should
be included in the legal documents.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the Final Plat application of Larkin-Milot
Partnership for a planned residential development consisting of 73
single-family lots on 66.7 acres of land located on the east side
of Spear Street opposite Deerfield Drive as depicted on a plat
entitled, "Nowland Two, Subdivision Plat, and last revised 7/28/93,
and a 28 page set of plans, page one entitled "Nowland Two, South
Burlington, Vermont", dated October, 1992 (stamped "received"
7/30/93), prepared by Fitzpatrick -Llewellyn, Inc. with the
following stipulations:
1. Any previous approvals and stipulations affecting the subject
property which are not superseded by this approval shall remain Ln
effect.
2. In accordance with section 26.602 of the South Burlington
Zoning Regulations, the Planning Commission approves the creation
of lots for development upon land designated as "restricted area"
on the Southeast Quadrant Official Zoning Map. It is the
commission's opinion that based on the information submitted by the
applicant the proposed development will not adversely affect
wetlands on the property. Also, it is the Commission's opinion
that the goals for maintaining an open space corridor along the
north -south arterial roadways in the Southeast Quadrant will be
promoted through the establishment of building envelopes on lots 5
through 8. The allowance of buildings in this manner is compatible
with adjacent development along Spear Street. Finally, the
Planning Commission supports moving the r.o.w. for a future north -
south collector road to the east as proposed so as not to impact
the wetland area.
3. The Commission approves the 1100 foot long cul-de-sac street
serving lots 52 - 73. It is the Commission's opinion that the 1100
foot length will not result in unsafe or inefficient traffic
conditions particularly since r.o.w.'s are being reserved for
roadway connections to future developments on adjoining parcels.
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4. In order for the Commission to find that the proposed
development will not cause unreasonable highway congestion or
unsafe conditions with respect of use of the highways, the
applicant shall be responsible for the following:
a) The applicant shall construct the southbound left turn
lanes at each project access on Spear Street (sheets 5 and 7)
prior to issuance of a zoning/building permit for the 38th
lot.
b) The applicant shall construct the improvements to the
Spear Street/Swift Street intersection as shown on the plan
entitled "Spear Street/Swift Street Intersection Improvements"
dated 5/93, prior to the issuance of a zoning/building permit
for the construction of any residential structures.
c) Prior to issuance of any zoning/building permits for this
development, the applicant shall post a bond to cover the
costs of constructing the improvements referenced in a) and c)
above. This bond or bonds shall remain in effect until such
time as the improvements are constructed.
d) Prior to issuance of any zoning/building permits for this
development, the applicant shall be responsible for retiming
the signal phasing at the Spear Street/Swift Street
intersection as recommended in the traffic analysis submitted
by the applicant.
5. The Planning Commission grants a credit of $300 per lot for
construction of the portion of the proposed recreation path located
outside of any public street right-of-way. This credit may be
applied toward required recreation fees. At time of application
for a zoning/building permit, the applicant shall pay the
difference between the recreation impact fee and the $300 per lot
credit.
6. The developer shall be required to install two ( 2 ) trees on
each lot as required in Section 19.104(a) of the South Burlington
Zoning Regulations. A "Notice of Condition" addressing this
requirement shall be recorded in the South Burlington land records
prior to recording the final plat plans.
7. Prior to issuance of any zoning/building permits, the applicant
shall post a $130,366 landscape bond for proposed street and common
area trees, and a $65,335 bond for proposed lot trees. The bonds
shall remain in effect for three (3) years to assure that the
planted landscaping has taken root and has a good chance of
surviving.
8. Legal documents for all public streets (i.e., irrevocable offer
of dedication) and easements (e.g., utility easements and
recreation path easements) shall be submitted to the City Attorney
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for approval and shall be recorded in the South Burlington Land
Records prior to issuance of any zoning/building permits.
9. A "Notice of Condition" addressing the height limitations for
structures and landscaping on each lot shall be submitted to the
City Attorney for approval and shall be recorded in the South
Burlington land records prior to recording the final plat plans.
10. In accordance with Section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
(e.g., streets, water mains, sanitary sewers, storm drains, etc.),
the developer shall submit to the City Engineer "as -built"
construction drawings certified by a registered engineer.
11. A "Notice of Condition" addressing the building envelopes on
lots #5 - 8 and purpose and restrictions thereof shall be submitted
to the City Attorney for approval and shall be recorded in the
South Burlington land records prior to recording the final plat
plans.
12. Prior to final plat submittal, the plans shall be revised to
show the following:
a) The survey plat shall show survey data for the recreation
path easement and the utility easement between lots 41-42 and
57-58.
b) Lot numbers shall be correctly shown on sheet 2.
c) The plans shall show a 20 foot drainage easement for the
proposed drainage pipe on the Ratkus property west of Spear
Street. This easement shall be included in the required legal
documents.
13. A bond for streets, sidewalks, recreation paths, sewer and
water shall be posted prior to issuance of a zoning/building
permit. The amount of the bond shall be approved by the City
Engineer.
14. No zoning/building permit will be issued for a lot until the
street serving that lot has a gravel sub -base installed in
conformance with City specifications.
15. The Commission approves a total sewer allocation of 46,957 gpd
for this development. The length of time that this sewer
allocation approval shall remain in effect shall be tied to roadway
construction. The roadways serving this development shall be
completed within four (4) years of final plat approval. The sewer
allocation for any lots served by roadways which are not completed
within this four (4) year time limit shall be lost unless
reapproved by the Planning Commission. In addition, if at the end
of three years no more than 50% of the roads have been completed,
25% of the total sewer allocation shall be lost unless reapproved
by the Planning Commission.
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16. No zoning/building permit will be issued for construction of
any dwelling unit within this development until after the City
adopts an education impact fee ordinance or September 1, 1993,
whichever first occurs. This condition is being imposed to provide
the school district a reasonable period of time to complete
development of an impact fee ordinance and present the ordinance to
the South Burlington City Council for adoption. No zoning/building
permits shall be issued after the adoption of such an impact fee
until that impact fee has been paid.
17. A "Notice of Condition" shall be recorded in the land records
prior to recording the final plat plans which addresses the
requirement of the homeowner's association to maintain the
community mailbox area and all drainage ditches.
18. The final plat plans, including survey plat, shall be recorded
in the South Burlington land records within 90 days or this
approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording.
19. As provided in Section 605 of the South Burlington Subdivision
Regulations, if no action is taken to construct substantially they
proposed subdivision within three years, said approval shall become
null and void.
20. The retention ponds shall be maintained by the homeowners'
association. The legal documents for the Association shall state
this responsibility. The legal documents shall be approved by the
City Attorney prior to permit issuance.
21. The recreation path shall be constructed by the completion of
Pinnacle Drive or during the construction of the cul-de-sac,
whichever first occurs.
Chairman 6r Clerk;
South Burlington Planning Commission
Date
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