HomeMy WebLinkAboutSD-93-0000 - Decision - 0271 Meadowland DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT S 5" O a a D
COUNTY OF CHITTENDEN /7 l
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Green Acres, Inc. for
subdivision of 116.7 acres of land into 13 lots ranging in size
from 3.06 to 49.5 acres, Hinesburg Road.
On the llth of May, 1993 the South Burlington Planning Commission
approved the request of Green Acres, Inc. for preliminary plat
approval under Section 203 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the subdivision of a 116.7 acre lot
into 13 lots. The sketch plan for this project was reviewed on
12/29/92. At that time a 250,000 square foot office complex was
proposed for lot #1. It is no longer part of this application and
may be submitted at a later date under a separate application.
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 #4. 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 13 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 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 735 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 5-10 and could
eventually be used to serve the parcel to the north. Another road
710 feet long (Green Acres Lane) also branches off to the north and
will serve lots 11 and 12.
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6. Wetlands: The wetlands report submitted by the applicant was
provided to the Planning Commission at the 12/29/92 sketch plan
meeting. Plans do not show the entire delineated boundary of the
forested wetland on lots 2 and 3. A portion is shown on sheet P3
and another portion is shown on sheet SP11. Also, sheet P7 shows
only a portion of a wetland protection area. Plans should show all
wetland protection areas. Sheet SP2 under the Legend has a
designation for "Wetlands (NWI)" but no symbol is provided for this
designation.
7. Staff recommended that a plan be submitted that shows
delineation of all wetlands and wetland protection areas.
8. _Conservation Zone:
will
these
The western portions
be unusable because of the Potash Brook
lots should reflect this restriction.
of lots 8, 9 and 10
CO zone. Deeds for
9. Staff requested that applicant show the 50 foot CO zone on
either side of the stream flowing north on lots 4-7. Applicant
indicated that he has no intention of showing this CO zone because
the stream will be discontinued.
10. The center of the relocated stream on lot 2 will be less than
50 feet from the adjoining Dubois property resulting in a CO zone
extending onto the Dubois property. Unless the property owner
agrees to the encroachment, the stream should be moved farther to
the north to avoid extending a CO zone onto their property.
11. Recreation path: The Recreation Path Committee reviewed these
plans at their 5/3/93 meeting and submitted a memo dated 5/4/93.
The applicant has indicated that he will not design or construct
any recreation path. Staff recommended that the recreation path
which runs along the relocated stream along the southern boundary
be constructed by the applicant at the same time that the "natural"
stream is constructed. Applicant should provide information on how
the recreation path will connect and cross Hinesburg Road.
12. Applicant should provide a 20 foot easement between the 60
foot r.o.w. off Knoll Circle and proposed recreation path.
13. Traffic: The applicant proposed to "build" from the traffic
study which was originally conducted in 1991 for the proposed 11
lot industrial subdivision. The preliminary plat for the 11-lot
subdivision was approved by the Planning Commission on 10/8/93.
The original traffic study estimated that the future development
would generate 777 A.M. peak hour trips and 743 P.M. peak hour
trips. The results of the analysis were as follows:
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1997 build
1997
1992
1997
without
build with
Intersection
Base
No build
improvements
improvements
Kennedy/Rte. 116
F
F
F
C
Williston/Rte. 116
F
F
F
C
Williston/Dorset
F
F
F
Kennedy/Dorset
F
F
F
The traffic impact analysis submitted by the applicant indicated
that critical intersections are currently operating at an
unacceptable LOS and are expected to continue operating at
unacceptable 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
signal optimization, adding a northbound on -ramp at Exit 13 and
connecting Corporate Way through to Route 116.
Prior to the preliminary plat hearing for the original 11 lot
industrial subdivision, staff and the applicant met and agreed to
propose to the Commission the following traffic impact mitigation
package:
o Applicant 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 design prior to issuance of zoning/building
permit.
o 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.
o Each building shall be required to contribute to the Hinesburg
Road/Kennedy Drive impact fee based on P.M. peak hour trip
ends to be generated by each use. Assuming 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.
o Additionally, since a significant amount of project traffic
will be going through the Williston Road/Route 116
intersection (43%), each new building should be required to
contribute to the Williston Road Area 1 impact fee based on
43% of the P.M. peak hour trip ends. Under current formula,
each lot would be required to contribute approximately $4,000.
At the preliminary plat hearing held on October 8, 1991, the
Commission expressed concern over the timing of development and
intersection improvements. The Commission subsequently approved
the preliminary plat application but with the following stipulation
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regarding traffic:
"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 Council on timing and
funding of necessary intersection improvements at Route 116/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
recommendations(s) to Planning Commission at Final Plat".
Provided below is an update of what has occurred since the 10/8/91
Preliminary Plat hearing:
Kennedy Drive/Hinesburg Road: The VAOT improved this intersection
last year which included restriping to provide left -turn only lanes
on each approach, and installing a new controller. The City and
State feel that further improvements are needed at this
intersection. The City is planning to add this summer, a third
right -turn only lane to each approach. These improvements will be
funded by developer fees and the general fund.
The applicant submitted an updated traffic impact analysis dated
2/16/93 which analyzes the impact of the project on this recently
improved intersection. The results of the analysis indicate that
the intersection will operate at LOS "C" with the project. These
results seem to differ from earlier analyses which estimated LOS
"E" for current conditions. The results also seem to contradict
existing conditions where traffic is significantly backed -up during
peak periods.
Williston Road/Hinesburg Road: The improvement of this
intersection is planned to be done as part of the Williston Road
improvement project currently being designed by the VAOT. The
City's matching funds will be partially funded through developer
impact fees (i.e., Williston Road Area 1 Improvement Fund).
The City's 5-year construction plan has this improvements scheduled
for 1995/96. However, this is dependent on the State's
construction plan. The State has not yet included this project in
this 5-year plan.
Other: The City will be upgrading the Williston Road/Kennedy Drive
intersection this summer. Also, the Dorset Street project will be
complete by fall, 1993.
Staff Comments/Recommendations:
o Any approval should include a condition that this development
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
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updated traffic impact analysis.
o Any approval should include the mitigation package agreed to
and proposed earlier by staff and the applicant.
14. Airport Approach Cone: Lots 2-12 are located within the
Airport Approach Cone. Applicant will be subject to the
limitations provided in Section 19.45 of the zoning regulations.
15. "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 find it acceptable. The value of
the landscaping along the stream including plant material and
installation is estimated to be $14,660. Plantings will include
Redstem Dogwood, Inkberry, White Pine and Weeping Willow.
16. Sewer: The sewer allocation being requested is 30,345 gpd.
The applicant will be required to pay the per gallon fee prior to
permit. Planning Commission should consider a time limit on the
sewer allocation.
17. Street trees: The applicant is proposing approximately 170
street trees which will have a value, including installation, of
$44,200.
This property is located in the Hinesburg Road - North View
Protection Zone and the trees proposed along the street between
stations 14 + 00 and 20 + 00 will exceed the height limits. Street
trees proposed between stations 14 + 00 and 20 + 00 should be
changed to a species which will not exceed the height limit. Some
acceptable species include:; Ruby Red Horsechestnut; European, Hop
or American Hornbeam and Hedge Maple.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the Preliminary Plat application of Green
Acres, Inc. for subdivision of 116.7 acres of land zoned Industrial
and Open Space into thirteen (13) lots ranging in size from 3.06 to
49.5 acres as depicted on a 25 page set of plans, page one entitled
"Green Acres Industrial Park, South Burlington, Vermont", prepared
by Trudell Consulting Engineers and dated last revised 3/2/93 with
the following stipulations:
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
landscape bond to cover the installation cost and value of proposed
street trees and berm landscaping, and the berm installation and
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planting shall take place contemporaneously with the road
construction. The bond shall remain in effect for three (3) years
from the date of planting to assure that the planted landscaping
has taken root and has a good chance of surviving.
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) This project is approved for a maximum of 777 AM peak hour
trip ends and 743 PM 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 design prior to issuance of 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 shall be required to contribute to the
Hinesburg Road/Kennedy Drive impact fee based on P.M. peak
hour trip ends to be generated by each use. Assuming 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 shall be required to
contribute to the Williston Road Area 1 impact fee 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
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 plans shall be revised prior to final plat to clearly
indicate that a 20 foot wide recreation path easement only will be
provided and that recreation paths will not be constructed by
applicant (except the recreation path along swift Street Extension.
N.
6. Prior to final plat submittal, the plans shall be revised to
show the following:
a) Limits of all wetlands and CO Zones on the property.
b) 20' recreation path easement connecting to the 60' r.o.w.
serving Ledge Knoll.
c) The species of street trees between stations 14+00 and
20+00 changed to a species that will not exceed 40 feet at
maturity.
d) Easement for shared driveway between lots 3 and 4 on
survey plat.
e) Width of Green Acres Lane r.o.w. on survey plat.
f) New zoning designation "Industrial and Open Space".
g) Different name for street currently proposed to be called
"Green Acres Lane".
h) Sidewalk located one foot away from r.o.w. line.
i) Proposed street lighting.
j) Relocated stream at least 50' from the southern property
line unless adjoining property owners agree to less than 50
foot distance.
k) 8 foot wide asphalt bike path on north side of Swift
Street Extension from Route 116 to Vosburg Lane instead of a
concrete sidewalk.
7. Prior to final plat, the applicant shall evaluate the capacity
and emergency storage of the existing pumping station and provide
evaluation results to the City Engineer.
8. Prior to final plat, the applicant shall submit a report
addressing each of the criteria contained in Section 417 of the
subdivision regulations.
9. 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.
10. 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.
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11. 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.
12. 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 final plat approval. 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.
13. 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 .
14. 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.
15. 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. These legal documents shall be
recorded prior to issuance of a zoning/building permit for any lot.
16. Prior to final plat, the applicant shall conduct the
appropriate studies to determine whether or not there is a wetland
on lot #4.
17. As expressly represented by the applicant, there will be no
quarry generated traffic travelling through this subdivision.
18. The final plat plans, including survey plat, shall be
submitted within 12 months or this approval is null and void.
hairm n- r Clerk
South Burlington Planning Commission
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