HomeMy WebLinkAboutSD-96-0000 - Decision - 0201 Patchen Road (2)FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of South Burlington Realty
Company for construction of a planned residential development
consisting of 92 multi -family units in 23 buildings on 27.76 acres
of land, 201 Patchen Road.
On the 16th day of April, 1996, the South Burlington Planning
Commission approved the request of South Burlington Realty Company
for final plat approval under Section 204 of the South Burlington
Subdivision Regualtions based on the following findings:
1. This project consists of the construction of 92 multi -family
units in 23 buildings on 27.76 acres. The preliminary plat
approved on 12/12/95 was for 100 units in 25 buildings.
2. This property located at 201 Patchen Road lies within the R4
and C.O. Districts. It is bounded on the south by a single family
residence and the Summer Woods residential development, on the
north by the Patchen Place residential development and a cemetery,
on the west by undeveloped property and on the east by single
family residences and Patchen Road.
3. Access: Access will be via a new 30 foot paved street off
Patchen Road and a connection to Arbor Road. The portion of the
street from Patchen Road to and including the Arbor Road connection
will be constructed to City standards and will become a City
street. The portion of the road which lies westerly of the
intersection with Arbor Road is a "loop road" cul-de-sac and will
remain a private street. The cul-de-sac portion provides access
to 80 units which is 30 units more than permitted under Section
401.1(g) of the subdivision regulations. The applicant is
proposing a median for the first 100 feet of the private street as
a safety measure since this is the only portion of the street that
will have only one (1) access. This concept was approved by the
Commission for the residential portion of the L&M Park project on
Shelburne Road.
4. Coverage/setbacks: Building coverage is 9.0% (maximum allowed
is 20%). Overall coverage is 17.21% (maximum allowed is 40%).
Buildings #1,2 and 3 do not meet the 30 foot front yard setback
from the proposed street r.o.w. The Commission modified the front
yard setback for these buildings at preliminary plat.
5. Density: Staff determined that 76 units is the base maximum
density as calculated under Section 26.152(a) of the zoning
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regulations. The proposal is for 92 units which is 16 units or 21%
more than the base maximum. Section 26.152(b) of the zoning
regulations allows the Planning Commission to permit density
increases up to the normal maximum per district according to the
degree to which the development satisfies the general standards
listed in Section 26.151 and the specific standards for a PUD or
PRD in a given district. The normal maximum for this project is
111 units (i.e., 27.76 acres x 4 units/acre = 111 units). The
applicant submitted a report addressing the criteria in 26.151. It
was staff's opinion that the project as designed promotes the
P.U.D. criteria to a high degree. The Commission approved 100
units as part of preliminary plat approval.
6. Wetlands: A significant portion of the site is wetland and
wetland buffer area. These areas constitute the C.O. District on
the property. The only encroachment shown on the preliminary plat
was some cutting at the rear of building #5. This encroachment was
approved by the Planning Commission as part of preliminary plat
approval. The final plat plan proposes additional encroachment
into the C.O. District behind buildings #1, 2, 8 and 9 in the form
of cutting. This encroachment is permitted by the Planning
Commission if the encroachment will not significantly adversely
affect the attributes provided in Section 3.503 (a) - (e) of the
zoning regulations.
7. Sewer: The sewer allocation requested is 35,225 gpd. The
applicant was made aware that the policy of the Commission has been
to grant allocation for a 10 year period. Any portion of the
project not developed within this time period would require
reapproval for sewer allocation.
8. Traffic: The applicant submitted a traffic impact analysis
which concludes that this project will have a negligible impact at
the study intersections except for the White Street/Patchen Road
intersection. The study recommended that the LOS be checked at the
White Street/Patchen Road intersection and this was made a
condition of preliminary plat approval. The applicant submitted
this study which indicates a LOS of "B" for the Patchen Road/White
Street intersection, both before and after the addition of the
project traffic.
9. Pedestrian path: A pedestrian path is proposed which would
connect this property with the Summer Woods project on the south
and with the Patchen Place project to the north. The Recreation
Path Committee reviewed these plans and submitted comments. The
final plat shows the pedestrian trail within a 20 foot wide
easement. A note has been added that the final location of the
easement will be determined in the future when the trail is
constructed. This trail connects with the existing trail on the
Summer Woods property and a pedestrian trail connection to the
Lamplough property. Legal documents will need to be recorded prior
to issuance of a permit.
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10. Parking: This project requires 207 parking spaces and 215
spaces and two (2) bike racks are being provided. Section
26.253(c) of the zoning regulations requires that parking or
storage of recreational vehicles be provided. The applicant
indicated that the Homeowners Association documents will prohibit
the on -site storage and parking of these vehicles. As has been
done in the past, the Homeowners Association documents should
include a provision that prohibits garages from being converted to
living space. These should be reviewed by the City Attorney prior
to recording.
11. Landscaping: The minimum landscaping requirement, based on
building costs, is $46,140 which is being met. Plantings will
include Sugar Maple, Serviceberry, Burning Bush, Crabapple, Mugo
Pine, Yew, Arborvitae and Viburnum. The street trees have an
estimated value of $17,415. The combined landscaping value for
site and street trees is $63,555. Staff recommends that the street
trees along the north side of the new City street be relocated
further from the sidewalk because the type of tree proposed has a
tendency to heave sidewalks.
12. Building height: The applicant submitted a typical building
elevation for the "worst case" situation which indicates that the
maximum building height will be 31.5' above average pre -
construction grade. The maximum height allowed is 40 feet. The
applicant should submit, prior to permit issuance for each
building, a building elevation which includes the pre-existing
grade, the proposed grade and the proposed building height.
13. Sidewalk: Sidewalks will be provided along the proposed
streets (public and private) and along the property's frontage with
Patchen Road. The sidewalk along the proposed City street will be
placed one (1) foot from the r.o.w. line as required under Exhibit
A-1 of the subdivision regulations. The final plat plan is in
conformance with a preliminary plat condition that in lieu of the
applicant constructing 283 feet of sidewalk along the property's
frontage with Patchen Road (between #223 Patchen Road and the
cemetery) that 283 feet of sidewalk be constructed along the front
of #209, 211, 215 and 219 Patchen Road.
14. Lighting: Exterior lighting will consist of the following:
--- one (1) 60 watt incandescent lamp with lantern style fixture
located on each porch.
--- three (3) street lights (two (2) in the City street and one
(1) in the private street).
15. Size of Dwelling Units: The size
be 1090 square feet, 1140 square feet
is in compliance with Section 25.114
which requires a minimum of 425 square
family structure.
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of the dwelling units will
and 1300 square feet. This
of the zoning regulations
feet per unit for a multi-
16. Mailbox cluster: The mailbox cluster has been relocated
outside of the City r.o.w. as stipulated under preliminary plat
approval. Homeowner's Association will be responsible for
maintaining the mailbox cluster.
17. Legal documents: The applicant should submit for review and
approval by the City Attorney all appropriate legal documents
including easements (e.g., irrevocable offer of dedication and
warranty deed for proposed public road, and pedestrian trail
easement).
18. Other:
--- no dumpsters will be used
--- the lot for the mailbox cluster and the lot which will be
developed with buildings should each be numbered and acreage
for each lot indicated on the plat.
--- the plat should be revised to include a note which clearly
indicates that the mailbox cluster lot and the lot to be
developed are to be treated as one (1) lot and that the
mailbox cluster lot can not be sold off for development.
--- correct the spelling of Queensbury Road on all plans.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of South Burlington
Realty Company for construction of a planned residential
development consisting of 92 multi -family units in 23 buildings on
27.76 acres of land, 201 Patchen Road, as depicted on a 13 page set
of plans, page 1 entitled "Centennial Heights, Patchen Rd., So.
Burlington, VT, Subdivision Plat," prepared by Trudell Consulting
Engineers, dated 1/25/96, subject to 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 building 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 road, and
utility, sewer, drainage, water and pedestrian 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
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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 registered engineer.
5. The final plat plans shall be revised to show the changes
listed below and shall require approval of the City Planner. Three
(3) copies of the approved revised plat shall be submitted to the
City Planner prior to recording.
a) The subdivision plat and sheet SP1 shall be revised to
show the pedestrian easement/trail connecting with the
existing pedestrian easement on the adjoining Patchen Place
property.
b) Sheet SP2 shall be revised to show the street trees along
the north side of the new City street relocated further from
the sidewalk to ensure that these trees will not heave the
sidewalk.
c) The subdivision plat shall be revised to include lot
numbers and acreages for the mailbox cluster lot and the lot
to be developed with dwelling units.
d) The subdivision plat shall be revised to include a note
which clearly indicates that the mailbox cluster lot can not
be sold off for development.
e) All appropriate plans shall be revised to correct the
spelling of Queensbury Road.
f) Sheets SP1, SP2 and SP3 shall be revised to provide a five
( 5 ) foot grassed strip between the sidewalk and curb along the
extension to Arbor Road unless otherwise approved by the City
Engineer.
g) The plans shall clearly indicate that the width of the
private road shall be 24 feet.
h) The median shall be moved out of the proposed city right-
of-way.
i) The plan shall be revised to allow adequate space for U-
turns around the median.
j) More landscaping shall be added along the southern
property line behind buildings 18-20.
6. The Planning Commission approves a sewer allocation of 35,225
g.p.d. The sewer allocation approval shall remain in effect for
ten (10) years from the date of final plat approval. Any buildings
which have not been constructed within 10 years shall lose their
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allocation unless reapproved by the Planning Commission. The
applicant shall be required to pay the per gallon fee prior to
permit issuance.
7. Pursuant to Section 9.404 of the zoning regulations, the
Planning Commission modifies the front yard setback requirement for
buildings #1,2 and 3 as shown on the approved plans.
8. Pursuant to Section 26.152(b) of the zoning regulations, the
Planning Commission approves a residential density of 92 units
which is 16 units or 21% more than the base maximum of 76 units.
It is the Planning Commission's opinion that this development
satisfies the general standards listed in Section 26.151 of the
zoning regulations and the specific standards for a PRD in the R4
District.
9. The Planning Commission approves the encroachment in the C. O.
District behind buildings #1,2,4,5,8 and 9 as provided under
Section 3.50 of the zoning regulations. It is the Planning
Commission's opinion that this encroachment will not significantly
affect adversely the attributes provided in Section 3.503(a) - (e)
of the zoning regulations.
10. The applicant shall construct the concrete retaining walls
along the C.O. District boundary lines in such a manner that there
is no disturbance of soil or vegetation within the C.O. District.
11. Prior to the issuance of a zoning permit for each building,
the applicant shall submit a building elevation showing proposed
grading, pre-existing grade and proposed building height.
12. As expressly represented by the applicant, the Homeowners
Association documents shall prohibit the on -site storage and
parking of recreational vehicles. In addition, the Homeowners
Association documents shall prohibit garages from being converted
to living space. The wording of these provisions shall be approved
by the City Planner prior to issuance of the first zoning permit.
No garages shall be converted to living space.
13. The applicant shall post a landscape bond in the amount of
$63,555 ($46,140 for site landscaping and $17,415 for street
trees). This bond shall remain in effect for three (3) years to
assure that the landscaping has taken root and has a good chance of
surviving.
14. Snow removal and maintenance of the mailbox cluster shall be
the responsibility of the Homeowners Association. This requirement
shall also be reflected in the Homeowners Association documents.
15. The sewage pumping station and force main shall remain
private.
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16. Shop drawings of the sewage pumping station shall be reviewed
and approved by the design engineer. This pumping station shall be
maintained by the Homeowners Association.
17. The sanitary sewer lines shall be bedded in crushed stone
only.
18. Any new exterior lighting or change in exterior lighting shall
be approved by the City Planner prior to installation.
19. Any change to the plat shall require approval by the South
Burlington Planning Commission.
20. The final plat plans shall be recorded in the land records
within 90 days or this approval is null and void. The plan shall
be signed by the Planning Commission Chairman or Clerk prior to
recording.
21. The developer shall be responsible for posting "No Parking"
signs along both sides of the private road.
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Chairman_ or Cleiik
South Burlington lanning Commission
to
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