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
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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.
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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:
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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
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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.
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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
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