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HomeMy WebLinkAboutSD-01-34 - Decision - 0200 Old Farm Road#SD-01-34 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary plat application #SD-01-34 of Daniel & Leo O'Brien, DBA Forest Park Realty Corp. and The O'Brien Family Limited Partnership for a 103 unit planned residential development and a six(6) lot subdivision, Hinesburg Road and Kennedy Drive. On the 21 st of August, 2001, the South Burlington Development Review Board approved the preliminary plat application of Daniel & Leo O'Brien, DBA Forest Park Realty Corp. and The O'Brien Family Limited Partnership under Section 203 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of a preliminary plat application for a 103 unit planned residential development and a six(6) lot subdivision. 2. The owners of record are Daniel O'Brien, Leo O'Brien, Jr. and Forest Park Realty Corp. 3. This property is located between Old Farm Road, Kennedy Drive, and Hinesburg Road within the Residential Seven and Residential One 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 and residences. 4. Lot size/Frontage: The proposed lots meet frontage requirements as well as minimum lot size. 5. Densi : The base maximum density for this development is 106 units (15.24 acres x 7 units/acre = 106.68). The normal maximum is 130 units (18.66 acres x 7 unite/acre). The applicant is proposing 103 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. This private street will serve 56 units. Section 401.1(k)(b)(2) requires'that these streets serve no more than 20 units. Section 40 1. 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". 7. 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. 8. Street Lights: The applicant should provide streetlights along all public streets. 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 has summarized the results and proposed mediation measures. The proposed stormwater controls have been reviewed by the City Engineer The homeowners' association documents should note that the association is responsible for the maintenance of the stormwater retention ponds. 10. Conservation/Open Space District: The plans illustrate the Conservation & Open Space District and the wetland buffers. No encroachment is proposed. 11. Coverage/Setbacks: The maximum coverages for the Residential Seven District are 20% building coverage, 40% total coverage. Lot one has proposed building coverage of 16.3% and a total coverage of 31.9%. Lot two has a proposed building coverage of 17.2% and a total coverage of 39.1%. Lot three will have a building coverage of 0% and a total coverage of 3.4%. Lot four will have a building coverage of 0% and a total coverage of 0%. Total building coverage will be 12.3% and total overall coverage will be 35.1% for the planned residential development. All setback requirements are not being met. The applicant must formally request setback waivers prior to final plat review. Unit #1, 20, 39, 40, 41, 42, 43, & 47 on Stonington Circle and 19, 79, & 80 Lancaster Lane do not meet the 30 foot front yard setback requirement. 12. Sewer: The sewer allocation requested is 32,493 g.p.d. It has been the Board's policy to approve sewer allocation for ten (10) years from the date of final plat approval. Any buildings for which a zoning permit has not been issued shall lose their allocation unless reapproved by the Board. The applicant will be required to pay the per gallon for prior to permit issuance. 13. Lighting_ All lights must be downcasting and shielded. The applicant has proposed: - 19 M-250A2 pole mounted street lights mounted at a height of 24 feet to serve the proposed public street - 2 Wallighter 250 wall mounted lights - 38 70 watt metal halide pole mounted lights mounted at a height of 20 feet to serve the private streets Cut sheets should be revised to clearly note wattage and type (i.e. Sulfur, metal halide, etc.). The proposed sign light should be screened in such a manner that it does not produce light spill into Hinesburg Road or otherwise interfere with traffic. In addition, the applicant should consult with Green Mountain Power to make sure that the proposed pole mounted lights within the public street right-of- way are acceptable. 14. Traffic: The traffic study submitted by the applicant has 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 Hayes Avenue to serve the project, 2) the Kennedy Drive access be configured for right -turn movements only, and 3) a median be provided on Kennedy Drive to prevent unauthorized left -turn movements. 15. Landscaping: The applicant is proposing to plant 2" caliper to 2.5" caliper street trees in place of the required 2.5" to 3" caliper trees. The applicant is also proposing to plant these trees every 35 feet in place of the 60 foot minimum requirement. The Board felt the additional number of trees planted would offset the slight reduction in the size of the trees. The site planting should be separated from the street trees. The minimum landscaping requirements for Lot One and Lot Two, based on building costs, are being met. 16. Impact Fees: The applicant was made aware that all impact fees will be applicable to the proposed new residences. 17. Dumpsters: No dumpsters proposed. 18. Parking_ Parking requirements for lot # 1 are 106 spaces and 126 spaces are provided. Information on the covered parking on lot #2 should be provided. 19. Proposed Park: The Planning Commission conducted a site visit on the property and will prepare their recommendations for the final plat application. 20. Recreation Path: The applicant is proposing a recreation path along the collector road connecting Kennedy Drive with Hinesburg Road. The Recreation Path Committee has reviewed the plans and submitted comments. 21.Official Man: The Official Map shows a proposed City street connecting Old Farm Road and Hinesburg Road. This road is shown on sheet two of the plans. The City Engineer has reviewed the proposed plans. 22.Other: The final plat submittal should indicate the E911 street addresses. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-01-34 of Daniel & Leo O'Brien, DBA Forest Park Realty Corp. and The O'Brien Family Limited Partnership for a 103 unit planned residential development and a six (6) lot subdivision, Hinesburg Road and Kennedy Drive, as depicted on a 22 page set of plans, page #2 entitled, "Boundary Survey O'Brien Home Farm O'Brien Family Partnership and Forest Park Realty Corp. Old Farm Road South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 20, 2001, 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 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, city park, and 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 plans shall be revised prior to final plat submittal as follows: a. The plat plans shall be revised to include a different name for the proposed "Hayes Avenue" street name. b. The plat plans shall include information on the base flood elevation for this property. c. The plat plans shall be revised to provide bike racks throughout the project. d. The plat plans shall be revised to provide three (3) additional handicapped spaces. e. The plat plans shall be revised to illustrate the parking spaces for all covered parking areas. f. The plat plans shall be revised to note the size of the dwelling units and the height of the buildings from average pre -construction grade. 4 g. The 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. h. The plat plans shall be revised to incorporate the recommendations of the City Arborist. i. The plat plans shall be revised to show drains to the basements, if basements are proposed. j. The plat plans shall include E911 street addresses for the entire development. 6. The Development Review Board approves a sewer allocation of 32,493 g.p.d. The sewer allocation shall remain in effect for ten (10) years from the date of the final plat approval. Any buildings which have not been permitted within ten (10) years shall lose their allocation unless reapproved by the Development Review Board. The applicant shall be required to pay the per gallon fee prior to permit issuance. 7. All the multi -family residential buildings shall be sprinklered, unless another agreement can be reached with the Fire Chief. 8. 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. 9. The developer/homeowner's association shall be responsible for maintenance of the retention basins. 10. Pursuant to Section 401.1 (k) (b) (3) of the subdivision regulations, the Board waives Section 401.1 (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. 11. Pursuant to Section 10.404 of the zoning regulations, the Board modifies the front yard setback requirements for units# 1,20,39,40,41,42,43,47 and at 19, 79 and 80 Lancaster Lane as shown on the approved plan. 12.The final plat submittal shall include the wattage and type for all proposed exterior lighting. 13.The applicant shall complete the following traffic mitigation improvements prior to occupancy of the first dwelling unit: 1) construct left -turn lanes on Hinesburg Road at Hayes Avenue to serve the project, 2) the Kennedy Drive access be configured for right - turn movements only, and 3) a median be provided on Kennedy Drive to prevent unauthorized left -turn movements. 14.Pursuant to Section 26.256 (b) of the zoning regulations, the Board approves 125 spaces on the lot #2 which is a 1 space or 0.8% shortfall. 15.The homeowner's association documents shall prohibit the conversion of garage spaces to living spaces. 16.The final plat application shall be submitted within 12 months. 17.Pursuant to Section 25.113 (b) of the Zoning Regulations, the Board approves a 5 foot increase in height for buildings at 42 & 44 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. Chair or Clerk Date South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.C.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).