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.
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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).