HomeMy WebLinkAboutSD-02-18 - Decision - 0200 Old Farm Road#SD-02-18
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-02-18 of Daniel and Leo O'Brien Jr., DBA
Forest Park Realty Corp. and the O'Brien Family Limited Partnership for a 107 unit planned
residential development consisting of 18 buildings and a five (5) lot subdivision, Hinesburg
Road and Kennedy Drive.
On the 14th of May 2002, the South Burlington Development Review Board approved
the request of Daniel and Leo O'Brien Jr., dba Forest Park Realty Corp. and the O'Brien
Family Limited Partnership for final plat approval under Sections 204 of the South
Burlington Subdivision Regulations based on the following findings:
1) This project consists of a 107 unit planned residential development consisting of 18
buildings and a five (5) lot subdivision, Hinesburg Road and Kennedy Drive.
Preliminary plat approval was granted on 21 August, 2001. 103 units were approved at
preliminary plat. The applicant is now requesting approval for a total of 107 units.
2) This property located between Old Farm Road, Hinesburg Road, and Kennedy Drive
lies within the R7, R1 and C. O. Districts. It is bounded on the east by Old Farm
Road, on the north by Kennedy Drive, on the west by residences, and on the south by
Hinesburg Road.
3) The owners of record are Daniel O'Brien, Leo O'Brien Jr., and Forest Park Realty
Corp.
4) Lot size /Frontage: All proposed lots meet frontage requirements and minimum lot
size.
5) Density: The base maximum density for this development is 104 units (14.98 acres x
7 units/ acre =104 units). The normal maximum is 128 units (18.4 acres x 7 units/
acre = 128 units). The applicant is proposing 107 units.
6) Access/Circulation: The applicant is proposing a City street (60 ft. r.o.w. and 30 ft.
pavement) to traverse the development from Hinesburg Road to Kennedy Drive.
Also proposed are private streets (24 ft. of pavement) to serve the multi -family
dwellings. The private street to be known as "Stonington Circle" has two (2) access
points to the new city street. This private street will serve 47 units. The other private
street to be known as "Lancaster Lane" has two (2) access points to the new City
street, and will serve 60 units. Section 401.1(k)(b)(2) of the subdivision regulations
requires that these streets serve no more than 20 units. Section 401.1(k)(b)(3) of the
subdivision regulations allows the Board to exceed the 20 units when it "determines
such a road would improve traffic safety conditions and not adversely affect the
public good and welfare of the community". Preliminary plat condition # 10 granted a
waiver from this requirement. Bruce Hoar, Director of Public Works is no longer
requiring a median on Kennedy Drive at the intersection of this development.
7) Parking: Parking requirements for lot # 1 are 106 spaces and 126 spaces are provided.
47 of these spaces are covered spaces. Parking requirements for lot #2 are 135 spaces
and 138 spaces are provided. Of these 138 spaces, 64 are covered spaces contained in
four parking garages located under each building. The applicant supplied a letter
requesting a waiver of the recreational vehicle parking requirement. The covered
spaces on lot #1 are adequate to serve as accessible spaces. Lot #2 shows 8 total
accessible spaces, meeting the requirement.
8) School Impact: The applicant has submitted correspondence from the South
Burlington School District evaluating the potential impact this project will have on
the school system. Approximately 51 additional students are expected as a result of
this project. The South Burlington Schools Business Manager has stated that the
schools have capacity to accept the additional students expected.
9) Utilities: The plans submitted include sewer & water main details as well as details of
all proposed storm water facilities and sediment control. A stormwater runoff
analysis was included in the preliminary plat application. The applicant in a letter
summarized the results and proposed mediation measures. The City Engineer has
reviewed the proposed stormwater controls. The homeowners' association
documents should note that the association is responsible for the maintenance of the
stormwater retention pond on the 15.6 acre parcel. The applicant/developer should
be responsible for the maintenance of stormwater retention ponds on lot #2.
10) Conservation/Open Space District: The plans illustrate the Conservation & Open
Space District and the wetland buffers. No encroachment is proposed.
11) Height Waiver: A height waiver has been requested for buildings 20, 39, 40, and 60
on lot #2. The applicant submitted elevations indicating the average pre -construction
grade for buildings 20 and 39. Building # 20 will be 4.82 feet above the 40 foot
maximum height, and building #39 will be 4.69 feet above the maximum. Staff did
not receive average pre -construction grade information for buildings 40 and 60.
Under Section 25.113 (b) of the zoning regulations, the Board may approve an
increase in height for residential structure up to 45 feet if the Board determines that a
taller structure:
(i) Will utilize topography and will relate to other existing and
proposed structures so as to be aesthetically compatible with the
neighborhood;
(ii) will not detract from scenic views of adjacent properties or public
streets and walkways; and
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(iii) will allow retention of additional green space that will enhance the
appearance of the developed property.
Under Section 25.113 (d) of the zoning regulations for every foot of additional height
above the normal 40 foot maximum for pitched -roof structures... front and rear yard
setbacks shall be increased by 1 foot. For taller structures as part of a PRD the Board
may waive the requirements of this section as long as the general objectives of the PRD
and applicable zoning district are met.
Under Section 25.113 (e) the zoning regulations a request for approval of a taller
structure as provided in (b) above shall include the submittal of plans showing the
elevations and the architectural design of the structures, the existing grade, post -
construction grade, and height of structures. The applicant should be prepared to address
the above criteria.
12) Coverage/Setbacks: The maximum coverages for the Residential Seven District are
20% building coverage, 40% overall coverage. Total building coverage will be
11.9% and overall coverage will be 34.3% for the planned residential development.
All setback requirements are not being met. The applicant has requested setback
waivers for units #131, 133, 135, 137, and 139 on Stonington Circle. The proposed
setbacks vary from 14 feet to 27 feet from the public ROW (minimum requirement is
30 feet). On Lancaster Lane buildings #20 and #39 require a setback waiver. These
proposed setbacks range from 23 feet to 32 feet (minimum requirement is 35 feet).
13) Lighting: All lights must be downcasting and shielded. The applicant proposed:
8-V2701 70 watt metal halide lamp, pole mounted street lights, mounted at a height of
13.5 feet to serve the proposed public street.
26-150 watt metal halide lamp, pole mounted lights mounted at a height of 20 feet to
serve the private streets.
The quantities on sheet L5 are not consistent with what is shown on landscape and
lighting sheets L1, and L4. The plans should be revised so the light fixtures numbers
reflect what is called out on sheet L5.
The locations of all wall mounted light fixtures for the development, and details of
the light fixtures including wattage and type (i.e. metal halide, sulfur, etc.) should be
submitted prior to issuance of any permits.
14) Traffic: The traffic study submitted by the applicant had been forwarded to the
Metropolitan Planning Organization for comment. Staff recommended that the
applicant comply with the recommendations of the report: 1) construct left -turn lanes
on Hinesburg Road at Magalloway Street to serve the project, and 2) the Kennedy
Drive access be configured for right -turn movements only.
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Further analysis by Michael Oman showed that traffic at the Kennedy Drive and
Hinesburg intersection is an issue.
15) Landscaping: The Board at preliminary plat approved the applicant's proposal to
plant 2" caliper to 2.5" caliper street trees in place of the required 2.5" to 3" caliper
trees and the applicant's proposal to plant these trees every 35 feet in place of the 60
foot minimum requirement. The Board at preliminary plat felt the additional number
of trees planted would offset the slight reduction in the size of the trees.
The minimum landscaping requirement for Lot #1 is $48,000 and Lot #2 is $31,460
and these are being met. Staff suggested that three separate landscape bonds be
issued, one for the street trees, one for lot #1, and one for lot #2. The street tree value
is $64,520. The plans should be revised to include the city arborist's comments
regarding the species selection.
16) Impact Fees: The applicant was made aware at preliminary plat that all impact fees
will be applicable to the proposed new residences.
17) Dumpsters: No dumpsters proposed.
18) Proposed Park: The City is working with the applicant to acquire lot #3 to retain the
land as open space.
19) South Burlington Water Department: The applicant was made aware that they must
be in compliance with all South Burlington Water Department recommendation prior
to obtaining a zoning permit.
20) Recreation Path: The applicant is proposing a recreation path along the collector road
connecting Kennedy Drive with Hinesburg Road. The Recreation Path Committee
(RPC) reviewed the plans at their meeting on April I". A representative from the
RPC was present at the 4/2/02 meeting and expressed concern about pedestrians
safely crossing at the Hinesburg Road/ Magalloway intersection.
21) Official May: The Official Map shows a proposed City street connecting Old Farm
Road and Hinesburg Road. This road should be shown on the final plat plans.
22) Other:
a) E911 street addresses have been established.
b) Signage for the PRD is not part of this application.
c) The three different street names should be changed to a single street name.
d) The homeowners document should include language that the garages will not be
turned into living spaces.
e) The plan should be revised to indicate the size of the dwelling units.
f) The remaining two lots should be numbered lot#4 and #5.
DECISION AND CONDITIONS
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Based on the above Findings of Fact, South Burlington Development Review Board
approves approve final plat application #SD-02-18 of Daniel and Leo O'Brien Jr., dba
Forest Park Realty Corp. and the O'Brien Family Limited Partnership for a 107 unit
planned residential development consisting of 18 buildings and a five (5) lot subdivision,
as depicted on 29 page set of plans, page three (3) entitled, "O'Brien Home Farm Old
Farm Road South Burlington, Vermont", prepared by Krebs & Lansing Consulting
Engineers, dated May 1, 2001, last revised on 2/25/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2) Prior to issuance of a zoning permit for the first lot or start of utility or road
construction, all appropriate legal documents including easements (e.g., irrevocable
offer of dedication and warranty deed for the proposed public roads, utility, sewer,
drainage, water and recreation path, etc.) shall be submitted to the City Attorney for
approval and recorded in the South Burlington land records.
3) Prior to start of construction of the improvements described in condition #2 above,
the applicant shall post a bond which covers the cost of said improvements.
4) In accordance with Section 301.5 of the subdivision regulations, within 14 days of
completion of required improvements (e.g., roads, water mains, sanitary sewers,
storm drains, etc.) the developer shall submit to the City Engineer, "as -built"
construction drawings certified by a licensed engineer.
5) The plat plans shall be revised to show the changes listed below and shall require
approval by the Director of Planning and Zoning (hereinafter Director). Four copies of
the approved revised plat plans shall be submitted to the Director prior to recording.
a) The final plat plans shall be revised to show the location of all proposed lighting and
reflect the quantities on sheet L5.
b) The final plat plans shall be revised to show mailbox clusters if proposed. These
clusters shall be located outside of the proposed city street right-of-way.
c) The final plat plans shall be revised to reflect the comments of the city arborist.
d) The final plat plans shall be revised to show the proposed street on the Official Map
connecting Old Farm Road and Hinesburg Road.
e) The final plat plans shall be revised to eliminate the three different street names and
shall be changed to a single street name.
f) The final plat plans shall be revised to indicate the size of the dwelling units.
g) The final plat plans shall be revised to show the remaining two lots numbered as lots
#4 and #5.
h) The final plat plans shall be revised to show underground power, telephone, and
T.V. lines placed outside of the street R.O.W.
i) The final plat plans shall be revised to include plans of the gas main.
j) The final plat plans shall be revised so the traffic island at intersection of Eldredge
Street and Kennedy Drive is set back two (2) feet from edge of Kennedy Drive.
k) The final plat plans shall be revised to note the type of fence to be located adjacent
to Georgetown Condominiums as mutually agreed upon by the Georgetown
Condominium Association, the appellant, and staff.
1) The final plat plans shall be revised to identify the correct zoning districts contained
on the parcel.
m) The final plat plans shall be revised to show an additional $2,500 worth of plantings
and/or a fence up to 6 feet high adjacent to the Wellesley Grove property.
6) The stormwater retention facilities on the 15.6-acre lot shall be privately owned and
maintained by the homeowners association for lot # 1 and by the developer/applicant for
lot #2.
7) Prior to issuance of a zoning permit for any construction on lot # 1 the applicant shall
post a $48,000 bond, and before any construction on lot #2, the applicant shall post a
$31,460 bond. Prior to the start of construction of the public street, the applicant shall
post a $64,520 bond for the street trees. These bonds shall remain in effect for three (3)
years to assure the landscaping takes root and has a good chance of surviving.
8) Prior to zoning permit issuance, the applicant shall submit exterior lighting details (cut
sheets) for all proposed exterior lighting for the buildings.
9) The developer shall be responsible for purchase and installation of all traffic signs.
10) All the residential buildings on lot #2 shall be sprinklered and alarmed, and the
residential buildings on lot # 1 shall be alarmed.
11) No structures shall be permitted in the PUD setback area provided in Section 26.154
(d) of the zoning regulations unless approved as part of this development and shown
on the approved plans.
12) Pursuant to Section 40 1. 1 (k) (b) (3) of the subdivision regulations, the Board waives
Section 40 L I (k) (b) (2) of the subdivision regulations and allows the two (2) private
streets to have more than 20 units. It is the Board's opinion that these streets would
improve traffic safety conditions and not adversely affect the public good and welfare
of the community.
13) Pursuant to Section 10.404 of the zoning regulations, the Board modifies the front
yard setback requirements for buildings #20 and #39 on Lancaster Lane as shown on
the plan.
14) Pursuant to Section 25.113 (b) of the Zoning Regulations, the Board approves a 5 foot
increase in height for buildings at #20, 39, 40 and 60 Lancaster Lane to maximum of
45 feet from the average pre -construction grade. It is the Board's opinion that the
criteria under Section 25.113 (b) (1) (iii) of the zoning regulations are being met.
Gl
15) Prior to occupancy of the first dwelling unit, the applicant shall construct left -turn
lanes on Hinesburg Road at Magalloway Street to serve the project.
16) Prior to issuance of a zoning permit, the applicant shall submit homeowners
documents which include language that: 1) the garages will not be turned into living
spaces, and 2) no recreational vehicles shall be kept on the premises.
17) The final plat plan (survey plat and sheets 3, and 5) shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant
shall submit a copy of the survey plat and sheets 3, and 5 in digital format. The format
of the digital information shall require approval of the Director of Planning and Zoning.
Chair of t4e&.-
South Burlington Development Review Board
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Date
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d)
(exclusivity of remedy; finality).
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