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HomeMy WebLinkAboutSD-94-0001 - Decision - 0271 Meadowland DriveFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN 57p - CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Green Acres, Inc., c/o Ralph Goodrich, to amend a previously approved subdivision of 116.7 acres of land into twelve (12) lots, Hinesburg Road. The amendment consists of resubdividing the 116.7 acres of land into ten (10) lots ranging in size from 3.06 acres to 40.94 acres, Hinesburg Road. On the 15th of November, 1994, the South Burlington Planning Commission approved the request of Green Acres, Inc., c/o Ralph Goodrich for 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 12 lot subdivision by resubdividing six (6) lots into three (3) lots and one (1) lot into two (2) lots resulting in two (2) fewer lots for a total of 10 lots, Hinesburg Road. This is the resubdivision of a 12 lot subdivision approved on 6/28/94. The preliminary plat was reviewed on 9/20/94. This project now consists of the subdivision of a 116.7 acre lot into 10 lots ranging in size from 3.06 acres to 40.94 acres. 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 10 lots ranging between 3.06 acres and 40.94 acres. The average lot size is 11.67 acres. 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 1 property onto Green Acres 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. (Vosburgh Lane) branches off to the north ending in a cul-de-sac at the north boundary. This road would serve lots #4-8 and could eventually be used to serve the parcel to the north. Lot #10 will be served by a 50 foot r.o.w. crossing lot #1 and connecting with Swift Street Extension. The applicant will be granting the City an 80 foot wide floating r.o.w. across the 146 acre parcel to connect this project with the Williston Town line. 6. The 50' r.o.w. serving lot #10 was revised since preliminary plat approval so that it can accommodate a minimum 24' wide driveway with proper radii for trucks and emergency vehicles. 7. Wetlands: Most of the wetlands on the property have been identified and are shown on sheet SP3A. Some of the wetlands on lot #3 have not been identified. These wetlands should be identified at the time this lot is developed. 8. Conservation & Open Space District: The eastern portion of lot #9 and the western portions of lots #7 and #8 will be unusable because of the Potash Brook C.O. zone. Deeds for these lots should reflect this restriction. 9. Recreation paths: Recreation paths are being proposed by the applicant. These paths have been approved by the Recreation Path Committee. The only path to be constructed by the applicant is the one along Swift Street. No changes proposed to the recreation paths. 10. Traffic: This project was previously approved for a maximum of 777 A.M. peak hour trip ends and 743 P.M. peak hour trip ends. The applicant is responsible for the following: 1) install the necessary lane and taper improvements at the Route 116/Swift Street intersection, 2) update signal warrant analysis prior to development of each lot and install signal if warranted, 3) contribute to the Hinesburg Road/Kennedy Drive impact fee based on trip ends generated by each use and 4) contribute to the Williston Road Area 1 impact fee. 11. Airport Approach Cone: Lots #2-9 are located within the Airport Approach Cone. Applicant will be subject to the limitations provided in Section 26.45 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 value of the landscaping along the stream including plant material and installation is estimated to be $14,710. 2 13. Sewer:; A sewer allocation of 30,345 gpd was allocated at preliminary plat 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. No changes proposed. 14. Sidewalk: The applicant is required to contribute $26,738 to the Hinesburg Road sidewalk fund. No changes proposed. 15. Landscaping: The applicant was previously required to post a landscaping bond for the street trees and berm landscaping. The elimination of Malcolm Lane has reduced the value of street trees to $29,050. The berm landscaping remains at $14,716 for a combined total of $43,766. 16. Buffer strip: Section 16.303 of the zoning regulations establishes an open space buffer strip, 200 feet in width, along Hinesburg Road. This buffer strip must be kept free of buildings, structures, parking facilities and access drives. Approximately one half of lot #10 lies within this buffer strip. This lot has multiple detached farm buildings, some of which lie either partially or entirely within the buffer strip. The applicant represented at the sketch plan meeting that he will be able to develop lot #10 in accordance with the buffer zone requirement and other standards of the zoning regulations. Access to lot #10 will not be allowed from Hinesburg Road and must be provided from Swift Street Extension. Since preliminary plat approval, lot #10 has increased in size from 3.97 acres to 8.56 acres. 17. View protection zone: Portions of proposed lots #1 and #10 are located within the Hinesburg Road - North View Protection Zone. 18. Other: --- all plans were revised to reflect that the current owner of this property is now Marble Bank. --- note #2 on sheet SP3A was revised to indicate the revised lot numbers. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the revised final plat application of Green Acres, Inc., c/o Ralph Goodrich, to amend a previously approved subdivision of 116.7 acres of land into twelve (12) lots, Hinesburg Road. The amendment consists of resubdividing the 116.7 acres of land into ten (10) lots ranging in size from 3.06 acres to 40.94 acres, as depicted on a five (5) page set of plans, page one entitled "Green Acres Industrial Park, Hinesburg Road, So. Burlington, Vermont", prepared by Trudell Consulting Engineers and dated last revised 10/3/94 with the following stipulations: 3 1. Any previous approvals 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 $43,766 landscape bond to cover the installation cost and value of proposed street trees and berm landscaping. The bond shall remain in effect for three years from the 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 highway, the applicant shall be responsible for the following: a. This project is approved for a maximum of 777 A.M. peak hour trip ends and 743 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 and approval of the Planning Commission. 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 Route 116/Swift Street Extension, applicant shall install signal at specifications approved by the City. d) Each building lot shall be required to contribute to the Hinesburg Road/Kennedy Drive improvement fund or subsequent impact fee program then in effect, based on the P.M. peak hour trip ends to be generated by each use. Assuming a light manufacturing use with an average building size of 72,000 square feet, each lot would be required to contribute approximately $13,000 to the fund based on the current contribution formula. e) Additionally, since a significant amount of project traffic will be going through the Williston Road/Route 116 intersection ( 43%) , each new building lot shall be required to contribute to the Williston Road Area 1 impact fee, or subsequent impact fee program then in effect, based on 43% of the P.M. peak hour trip ends. Under the current formula, each lot would be required to contribute approximately $4,000. 4. Prior to issuance of a zoning/building permit or start of H roadway or utility construction, all appropriate legal documents including 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/building permit for any lot. 6. Prior to issuance of a zoning/building 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. The bonds shall remain in effect for two (2) years beyond the date of completion of said roadway, utilities and sidewalks. The roadways, utilities and sidewalks, or portions thereof, shall be completed within four (4) years of the of date of posting said bonds. 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/building 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 within 10 years of the final plat approval granted on 6/28/94. The sewer allocation for any lots served by a roadway or portion of roadway which is not completed within this ten year time limit 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 Engineer "as -built" construction drawings certified by a registered engineer. 11. As expressly represented by the applicant, the applicant will dedicate to the City a recreation path easement and 80 foot floating right-of-way over the 146.6 acre parcel adjoining to the east as shown on sheet SP2. The recreation path easement shall be located outside of the wetland and wetland buffer along Muddy Brook. These legal documents shall be recorded prior to issuance of a zoning/building permit for any lot. 5 12. As expressly represented by the applicant, there will be no quarry generated traffic travelling through this subdivision. 13. Deeds for lots #7 and #8 shall reflect the fact that the western portions of these lots and the eastern portion of lot #9 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, 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 one and two shall be filled in contemporaneously with construction of the new drainageway as shown on sheets SP10 and SP11. 17. 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 Date M