HomeMy WebLinkAboutSP-91-0000 - Decision - 0000 Meadowland DriveFINDING OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CH I TTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact application of Green Acres, Inc. for pre-
liminary plat approval for the subdivision of 263 acres off
Hinesburg Road into eleven (11) lots.
On the 8th of October, 1991 the South Burlington Planning Commis-
sion approved the request of Green Acres, Inc. for preliminary
plat approval under Section 203 of the South Burlington Subdivi-
sion Regulations based on the following findings:
1. This project consists of the subdivision of a 262.53 acre
parcel into eleven (11) lots as a Planned Industrial Development
(PID) located on Hinesburg Road south of Lane Press and north of
the Ledgeknoll residential development.
2. The property is zoned Industrial and Agricultural (I -A) and
in an interim zoning district adopted by the City Council on June
25, 1990 which has a minimum lot size of 10 acres. The applicant
proposes to do a Planned Industrial Development which is allowed
in this zone on a parcel containing 80 acres or more.
3. The property is bounded by Dynapower to the north, Muddy
Brook and the Town of Williston to the east, residences to the
south, and Hinesburg Road and several single-family residences to
the west.
4. The site slopes downward from Hinesburg Road. The western
half of the property is primarily open with fields while the
eastern half is primarily wooded. An old quarry exists on the
site as well as a small pond. A stream (beginnings of Potash
Brook) runs north -south in the center of the property. Two small
tributaries lead into this stream.
5. Minimum lot size/frontage: The zoning ordinance requires a
10• acre minimum lot size, however, the average size of all the
lots must equal a minimum of 20 acres. The plan showed 10 lots
each between 10 and 12.5 acres, and one 145.8 acre lot.. The
average lot size is 22 acres (based on total of 242.3 acres in
I -AG zone). All lots meet the minimum lot frontage except for
lots #2 and #3 which are located at the end of a cul-de-sac
(Vosburgh Lane). The Planning Commission may reduce frontage
requirements by 50% for lots on cul-de-sacs if it determines
reduction would improve lot layout. Both of these lots do meet
the 50% requirement.
6. Access: The plan shows an 80 foot wide r.o.w. with 32 foot
wide paved road extending south-easterly from the Lane
Press/Dynapower Road over the western portion of the Dynapower
property onto Green Acres property and then extending eastward
through the middle of the property ending in a cul-de-sac south
west of the quarry. A 900 foot long road branches off to the
south ending in a cul-de-sac near Ledgeknoll.
The applicant is proposing a 60 foot sewer r.o.w. between lots #6
and #8 which could be used as access between Swift Street Exten-
sion and the Pollack property to the north.
7. There are tremendous views of Mount. Mansfield and the Green
Mountains from Hinesburg Road. The plan includes a recommended
formula for establishing maximum building and landscaping
heights. The plan identifies an area of lot 1 where there would
be no height restriction. This area is located behind the small-
er developed properties along Route 16 and therefore would not
significantly obstruct the views of the Green Mountains and
foothills.
8. Pedestrian Path: Both the Natural Resources Committee and
the Recreation Path Commitee provided comment on the path that is
proposed by the applicant and would loop around the proposed
natural stream along the southern boundary of the project. The
Recreation Path Committee recommends a 20 foot generic easement
which could be converted to a recreation path in the future.
They suggest an easement around the perimeter of the property
with a north -south easement running along one of the subdivision
lot lines. The Natural Resource Committee recommends an unpaved
recreational path along both sides of the proposed relocated
stream forming a loop trail. The applicant favors no particular
design.
9. Wetlands: The applicant had a wetlands report prepared.
This report concludes that none of the sides of the farm are
wetland and that all of the farmed land, other than the main
drainage running north -south through the farm, is prior convert-
ed. The term "Prior converted" is defined in the report. The
applicant will be seeking a permit from the Corps of Engineers to
cross the only wetland within their jurisdiction which is the
main drainageway.
10. Traffic: The following is a summary of LOS impacts at area
intersections. The traffic analysis did not assume any develop-
ment on lot 11.
1997 build 1997
1992 1997 without build with
Intersection Base No build improvments improvements
Kennedy/Rt. 116 F F F C
Williston/Rt. 116 F F F C
Williston/Dorset E F F
Kennedy/Dorset F F F
The traffic impact analysis submitted by the applicant indicates
that critical intersections are currently operating at an unac-
ceptable LOS and are expected to continue operating at unaccept-
able LOS in 1997 under both build and no -build conditions.
Substantial improvements (additional approach lanes) are needed
at the Route 116/Kennedy Drive and Route 116/Williston Road
intersections in order to improve the LOS to C. Improvements
which have been identified as beneficial for the Dorset Street
intersection, but not incorporated into this analysis, include
adding a northbound on -ramp at Exit 13 and connecting Corporate
Way through to Route 116.
11. Sewer: Estimates indicate that this subdivision will re-
quire 15,000 gpd of sewer allocation. This is based on an aver-
age of 100 employees per lot with each employee requiring 15 gpd
(this does not include lot 11).
12. ' Berm/Drainageway: The applicant has submitted plans for a
"natural" type stream with berms and plantings along the souther-
ly boundary adjacent to the Ledge Knoll residential project.
Details of the stream, berms and plantings have not been submit-
ted.
13. Sidewalk: The applicant would be required to contribute
$26,738 to the Hinesburg Road Sidewalk Fund based on the City's
sidewalk policy - Hinesburg Road. If the applicant chooses to
install the sidewalk, he would be required to install 1,783
linear feet.
DECISION & CONDITIONS
Based on the above Findings of Fact, the
ning Commission approves the Preliminai
Green Acres, Inc. for subdivision of 263
into eleven (11) lots as depicted on a 12
title page entitled " Subdivision Plat,
Park, Hinesburg Road, South Burlington,
Trudell Consulting Engineers, Inc. and
following stipulations:
South Burlington Plan-
y Plat application of
acres off Hinesburg Road
page set of plans, the
Green Acres Industrial
Vermont", prepared by
dated 9/24/91 with the
1. In an effort to preserve the spectacular views of the Green
Mountains from Route 116 as recommended in the South Burlington
Comprehensive Plan, the following conditions shall apply:
a) Structures and landscaping on all lots and within the
public r.o.w. shall be limited to a height above sea
level of 393.5 feet plus 5.8 feet for every 1000 feet
east of the eastern edge of pavement of Route 116.
This restriction shall be attached through proper legal
documents to lots created by this subdivision.
b) The above restriction does not apply to the area of lot
#1 which is identified on Sheet SP3 as "No Height
Restrictions".
c) The restriction specified in (a) above does not apply
to the area of lot #4 which is identified on Sheet SP3
as having a building height restriction of 378.0 eleva-
tion.
d) The above restriction does not apply to the 100 foot
wide strip along the southern boundary of the property
from Route 116 east to the northeastern corner of the
property located at 26 Knoll Circle.
e) Sheets P1 through P5 shall be revised prior to Final
Plat to indicate a species or variety of species of
street trees which at mature height will meet the
height limitations described in (a) above.
2. Prior to issuance of a zoning/building permit or start of
roadway or utility construction, the applicant shall post a 3-
year landscaping bond in an amount equal to the value of the
proposed street trees and proposed berm plantings. The amount
shall be finalized prior to Final Plat review.
3. Prior to issuance of a zoning permit for any lot, or start of
roadway or utility construction, all appropriate legal documents
including easements (i.e., utility, sewer, drainage, sight -view,
recreation path) and roadway r.o.w.'s (i.e., irrevocable offers
of dedications) shall be submitted to the City Attorney for
approval and recorded in the South Burlington land records.
4. Prior to issuance of a zoning/building permit for any lot, or
start of roadway or utility construction, bonds to cover the
costs of roadway, utility, sidewalk, and relocated stream and
berm construction shall be posted. The amount of bonds shall be
approved by the City Engineer.
5. Access to lots 1,2,3 and 4 shall be via Vosburgh Lane.
Access to lot 6 shall be from the proposed 60 foot sewer/roadway
r.o.w. to the east. Access to lots 8 and 10 shall be provided by
one shared curb cut on Swift Street Extension. Access to lots 7
and 9 shall be provided by one shared curb cut on Swift Street.
The plans shall be revised prior to Final Plat to indicate this.
6. The developer shall furnish the City with the name of the
contractors doing the street work and the architect and/or engi-
neer who will stake out and supervise the work at least 7 days
prior to beginning of road construction. Upon completion of the
work, the architect and/or engineer shall certify that the work
is in conformance with the approved plan, stipulations and any
other requirements and/or change that the City requests.
r
7. The applicant shall contribute $26,738 to the Hinesburg Road
sidewalk fund based on 1,260 feet of frontage along Hinesburg
Road.
8. As expressly represented by the applicant, it is proposed to
relocate the stream over lots 1,2,3 and 6 to a newly constructed
stream along the southern property line. The stream shall be
designed to meander and both appear and function as a "natural
stream". The stream shall be located at least 50 feet north of
the south property line. It shall be located at least 50 feet
from the edge of wetland on lot 5. Detailed engineering drawings
for the new stream shall be submitted prior to final plat review.
The new stream shall be constructed prior to the issuance of an
occupancy permit for any lot and within a reasonable time period
after start of utility or roadway construction.
9) The Planning Commission grants a sewer allocation of 15,000
gpd for the development and shall approve a phasing schedule
prior to Final Plat. Each new building shall be required to pay
the sewer allocation fee in effect based on the estimate of
sewage treatment demand generated by the new building.
10) The final plat submission shall include a full set of plans
including typical details and improvement plans for the Route
116/Swift Street Extension intersection.
11) As expressly represented by the applicant, the applicant is
willing to dedicate to the City a pedestrian/recreation path
easement around the Quarry on lot 11 at some unspecified date in
the future. This issue shall be addressed at the time further
subdivision or development is proposed for lot 11.
12) Manhole and drainage inlets shall be adjusted to grade using
precast risers instead of bricks and mortar.
13) Sidewalk thickness at driveways shall be 8 inches.
14) The plans shall be revised prior to Final Plat submission to
address the following:
a) The note identifying the height restrictions on lot #4
on page SP3 shall indicate that the restriction applies
to all structures and landscaping.
b) The legend on page SP3 should include a symbol for
street lights.
c) Plan should show recreation path easement on both the
south and north side of the relocated stream with
connection to 60 foot r.o.w. off Knoll Circle and to
Hinesburg Road. The issue of the applicant funding the
construction of a portion of the recreation path shall
be finalized at Final Plat.
15) Legal documents (irrecoverable offer of dedication) for the
80 foot r.o.w. future road connection over lot 11 shall be sub-
mitted to the City Attorney for approval and shall be recorded in
the South Burlington land records prior to recording the final
plat.
16) A "Notice of Condition" shall be recorded in the South
Burlington land records prior to recording which states that all
eleven lots were created as part of a planned industrial develop-
ment (PID) and that any subsequent development or subdivision
will be reviewed as an amendment to the original eleven lot PID.
This notice of condition shall be approved by the City Attorney.
17) The applicant shall pursue prior to final plat the option of
constructing a bridge for a future recreation/pedestrian path
over the wetland on lots 5 and 7. The applicant and City Planner
shall meet with the Natural Resources Committee prior to final
plat to explain the concept and obtain comments and a recommenda-
tion from the Natural Resources Committee.
18) The traffic issue and appropriate mitigation is unresolved
at this time. This issue shall be finalized at final plat.
Prior to final plat, staff shall obtain an indication from Coun-
cil on timing and funding of necessary intersection improvments
at Route 11.6/Kennedy Drive and Route 116/Williston Road. In
addition, staff and applicant shall consider a phasing plan tied
to specific intersection improvements and/or level of service and
present recommendation(s) to Planning Commission at Final Plat.
19) The final plat application shall be submitted within 12
months or this approval is null and void
Chiairiy(an oi@ Clerk
South Burlington Planning Commission