HomeMy WebLinkAboutSD-96-0000 - Decision - 0271 Meadowland Drive (2)FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN SD - l ` Cobb
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Summer Ice Joint Venture to
amend a previously approved subdivision of 116.7 acres of land into
ten (10) lots ranging in size from 3.06 acres to 40.94 acres,
Hinesburg Road. The amendment consists of resubdividing the 116.7
acres of land into twelve (12) lots ranging in size from 3.06 to
49.5 acres.
On the 30th day of July, 1996, the South Burlington Planning
Commission approved the request of Summer Ice Joint Venture for
revised final plat approval under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This project consists of amending a previously approved
subdivision of 116.7 acres of land into ten (10) lots ranging in
size from 3.06 acres to 40.94 acres approved on 11/15/94 (minutes
enclosed). The amendment consists of resubdividing the 116.7 acres
of land into twelve ( 12 ) lots ranging in size from 3.06 to 49.5
acres which was approved on 6/28/94.
2. This property located on the east side of Hinesburg Road lies
within the Industrial and Open Space District. The property is
bounded on the north by Dynapower, to the east by a large
undeveloped parcel owned by the applicant, on the south by
residences in the Ledgeknoll development and on the west by
Hinesburg Road and several single family residences.
3. The site slopes downward from Hinesburg Road. Most of the site
is open with fields with a wooded portion located in the southeast
corner on lot #3. A stream (beginnings of Potash Brook) runs
north -south in the center of the property. Two small tributaries
lead into this stream.
4. Minimum lot size/frontage: The zoning ordinance requires a
three (3) acre minimum lot size, however, the average size of all
the lots must equal a minimum of 8 acres. The plans show 12 lots
ranging between 3.06 acres and 49.5 acres. The average lot size is
8.44 acres (based on a total of 116.73 acres in the I-0 zone). All
lots meet the minimum frontage requirement of 200 feet.
5. 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 the applicant's property and then extending eastward
through the middle of the property and ending in a cul-de-sac at
the easterly boundary. A 733 foot long road with a 60 foot r.o.w.
(Bowdoin Street) branches off to the north ending in a cul-de-sac
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at the north boundary. This road would serve lots 4-9 and could
eventually be used to serve the parcel to the north. Another road
710 feet long (Thompson Street) also branches off to the north and
will serve lots 10 and 11.
6. Wetlands: Wetlands have been delineated on the property with
the exception of portions of lot #3. Wetlands should be delineated
on this lot prior to development.
7. Conservation & Open Space Zone: The western portions of lots
7, 8 and 9 will be unusable because of the Potash Brook CO zone.
Deeds for these lots should reflect this restriction.
8. The center of the relocated stream on lot 1 will be less than
50 feet from the adjoining Toutant property resulting in a CO zone
extending onto the Toutant property. The abutting landowner,
Arthur Toutant, submitted a letter agreeing to the CO zone
encroachment.
9. Recreation paths: The plans show recreation/pedestrian paths
as originally approved. The recreation paths will not be
constructed by the applicant with the exception of the recreation
path located within the 80 foot r.o.w.
10. Traffic: The applicant submitted an updated traffic impact
analysis. The applicant assumed 673 P.M. peak hour trip ends at
full build. The following intersections were analyzed: Williston
Rd/Rte 116; Kennedy Drive/Rte 116; Rte 116/Project Access;
Williston Rd/Dorset Street; and Kennedy Dr/Dorset Street. The
analysis indicates that all intersections will operate at an
acceptable LOS in the design year of 2002 with the project. LOS D
will result at Williston Rd/Rte. 116 and Williston Rd/Dorset
Street. All other intersections will operate at LOS C. A traffic
signal will be warranted for the Rte. 116/Project Access
intersection with 20% build -out of the project. Staff recommended
similar conditions to those attached to the 6/24/94 approval:
a) The project is approved for a maximum of 830 A.M. peak
hour trip ends and 673 P.M. peak hour trip ends. Any
subsequent development of a lot or lots which exceeds this
limit shall require an updated traffic impact analysis.
b) Applicant shall install, prior to occupancy of first
building, the necessary lane and taper improvements at the
Route 116/Swift Street Extension intersection (shown on sheet
SP15). VAOT shall approve the design prior to issuance of a
zoning/building permit.
c) Prior to site plan approval for each lot, the signal
warrant analysis shall be updated. When the signal is shown
to be warranted at Rte 116/Swift Street Extension, applicant
shall install signal at specifications approved by the City.
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d) Each building lot shall be required to pay the
appropriate road impact fee as defined in the South
Burlington Impact Fee Ordinance.
11. Airport Approach Cone: Lots 2-11 are located within the
Airport Approach Cone. Applicant will be subject to the
limitations provided in Section 19.45 of the zoning regulations.
12. "Natural" Stream: The applicant will be constructing a
"natural" stream with berms and landscaping along the southerly
boundary to replace an adjacent drainage way illegally constructed
a couple of years ago. The Natural Resources Committee reviewed
the details of this stream and found it acceptable. The value of
the landscaping along the stream including plant material and
installation is estimated to be $14,710. Plantings will include
Redstem Dogwood, Inkberry, White Pine and Weeping Willow. The
6/28/94 approval required the berm to be constructed at the same
time the road is constructed.
13. Sewer: A sewer allocation of 30,345 gpd was approved as part
of the 6/28/94 approval. The length of time that this sewer
allocation will remain in effect is tied to roadway construction.
The roadways in the development must be completed within 10 years
of final plat approval (i.e., by 6/28/04).
14. Sidewalk: Condition #5 of the 6/28/94 approval required the
applicant to contribute $26,738 to the Hinesburg Road sidewalk
fund. The Commission waived the requirement for a sidewalk on the
south side of the main roadway (i.e., 80 foot r.o.w.). due to the
provision of a number of pedestrian/recreation path easements over
the property.
15. Landscaping: Condition #2 of the 6/28/94 approval required
the applicant to post a landscape bond for the street trees and
berm landscaping. The combined values of the proposed landscaping
is $47,400 ($14,710 for berm landscaping and $43,690 for street
trees).
16. Legal documents: Condition #4 of the 6/28/94 approval
required that the legal documents for the easements and the roadway
be submitted to the City Attorney for approval and recording in the
land records prior to issuance of a zoning permit or start of
roadway or utility construction.
17. Other:
--- on sheet P2 the proposed street trees should be increased in
size to a minimum of 21 inches to meet the requirement of
Section 412.4 of the subdivision regulations.
--- the note on sheet P7 referring to Thompson Street being a
private road serving lot 12 should be changed to refer to lot
11.
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DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of Summer
Ice Joint Venture to amend a previously approved subdivision of
116.7 acres of land into ten (10) lots ranging in size from 3.06
acres to 40.94 acres, Hinesburg Road. The amendment consists of
resubdividing the 116.7 acres of land into twelve (12) lots ranging
in size from 3.06 to 49.5 acres, as depicted on a 25 page set of
plans, page 1 entitled, "Meadowland Business Park, South
Burlington, Vermont," prepared by Trudell Consulting Engineers,
Inc, dated 6/4/96 with the following stipulations:
1. Any previous approval and stipulations affecting the subject
property which are not superseded by this approval shall remain in
effect.
2. Prior to start of construction, the applicant shall post a
$47,400 landscape bond to cover the installation cost and value of
proposed street trees and berm landscaping. The bond shall remain
in effect for three (3) years from date of planting to assure that
the planted landscaping has taken root and has a good chance of
surviving. The berm installation and planting shall take place
contemporaneously with the road construction.
3. In order for the Commission to find that the proposed
development will not cause unreasonable highway congestion or
unsafe conditions with respect to use of the highways, the
applicant shall be responsible for the following:
a) The project is approved for a maximum of 830 A.M. peak
hour trip ends and 673 P.M. peak hour trip ends. Any
subsequent development of a lot or lots which exceeds this
limit shall require an updated traffic impact analysis.
b) Applicant shall install, prior to occupancy of first
building, the necessary lane and taper improvements at the
Route 116/Swift Street Extension intersection (shown on sheet
SP15). VAOT shall approve the design prior to issuance of a
zoning permit.
c) Prior to site plan approval for each lot, the signal
warrant analysis shall be updated. When the signal is shown
to be warranted at Rte 116/Swift Street Extension, applicant
shall install signal at specifications approved by the City.
d) Each building lot shall be required to pay the
appropriate road impact fee as defined in the South
Burlington Impact Fee Ordinance.
4. Prior to issuance of a zoning permit or start of roadway or
utility construction, all appropriate legal documents including
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easements (e.g., utility, sewer, drainage, water, recreation path,
etc) and roadway r.o.w.'s (irrevocable offer of dedication) shall
be submitted to the City Attorney for approval and recorded in the
South Burlington land records.
5. The applicant shall contribute $26,738 to the Hinesburg Road
sidewalk fund based on 1,260 feet of frontage along Hinesburg Road.
The contribution shall be made prior to issuance of a zoning permit
for any lot.
6. Prior to issuance of a zoning permit or start of roadway or
utility construction, bonds to cover the costs of roadway, utility,
and sidewalk construction shall be posted. The amount of the bond
shall be approved by the City Engineer.
7. The applicant shall be responsible for maintaining the new
street until such time as the street and r.o.w. is accepted and
taken over by the City.
8. The Commission approves a sewer allocation of 30,345 gpd. The
applicant shall pay the required sewer allocation fee prior to
issuance of a zoning permit. 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 by 6/28/04. The sewer allocation for any lots served by
a roadway or portion of roadway which is not completed by 6/28/04
shall be lost unless reapproved by the Planning Commission.
9. The developer shall furnish to the City, at least 7 days prior
to beginning of road construction, the name of the contractors
doing the street and utility work and the architect and/or engineer
who will stake out and supervise the work.
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 Engineers "as -built"
construction drawings certified by a registered engineer.
11. The plans shall be revised to show the changes listed below
and shall require approval of the City Planner . Three (3) copies
of the approved revised plans shall be submitted to the City
Planner prior to recording.
a) Sheet P2 shall be revised to increase the size of the
proposed street trees to a minimum of 2.5 inches.
b) The note on sheet P7 referring to Thompson Street being
a private road serving lot 12 shall be changed to refer to
lot 11.
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c) Sheets SP3 and P7 shall be revised to show a fire hydrant
in a location approved by the Fire Chief.
12. Wetlands shall be delineated on lot 3 prior to development.
13. Deeds for lots 7, 8 and 9 shall reflect the fact that the
western portions of these lots will be unusable because of the
Potash Brook CO zone.
14. As provided in Section 605 of the Subdivision Regulations, if
substantial construction of the project has not started within
three (3) years (i.e., by 7/30/99), this approval shall be null and
void.
15. The Planning Commission waives the requirement for a sidewalk
on the south side of the main roadway (i.e., 80' r.o.w.) due to the
provision of a number of pedestrian/recreation path easements over
the property.
16. The existing drainage ditch along the south side of lots 1 and
2 shall be filled in contemporaneously with construction of the new
drainageway as shown on sheets SP10 and SP11.
17. Access (i.e., driveways) to lots 4-11 shall be from the side
streets, not from Swift Street Extension.
18. 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 Chair or Clerk prior to
recording.
Chairman or Clerk'
South Burlington Planning Commission
C/ I'lle
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