HomeMy WebLinkAboutSD-95-0000 - Decision - 0201 Patchen RoadFINDINGS 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 100 multi -family units
on 27.76 acres of land, 201 Patchen Road.
On the 12th day of December, 1995, the South Burlington Planning Commission
approved the request of South Burlington Realty Company for preliminay plat
approval under Section 203 of the South Burlington Subdivision Regulations based
on the following findings:
1. This project consists of the construction of 100 multi -family residential units in
25 buildings on 27.76 acres. The sketch plan was reviewed on 5 / 9 / 95 .
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 88 units which is 38 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 9.8 % (maximum allowed is 20%) .
Overall coverage is 18.3 % (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.
5. Density: Staff determined that 76 units is the base maximum density as
calculated under Section 26.152(a) of the zoning regulations. The proposal is for
100 units which is 24 units or 31.6% 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 has
submitted a report addressing the criteria in 26.151. It was staffs opinion that the
project as designed promotes the P.U.D. criteria to a high degree.
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6. Wetlands: A significant portion of the site is wetland and wetland buffer area.
These areas constitute the C. 0. District on the property. Since sketch plan review,
plans have been revised to relocate all of the buildings which were encroaching into
the C . 0. zone outside of the C . 0. zone. The Natural Resources Committee reviewed
these plans and submitted comments. The only encroachment proposed is some filling
at the rear of building #5. 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 38,225 gpd. The applicant should be
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 recommends that the LOS be
checked at the White Street/Patchen Road intersection. Staff concured that a LOS
analysis be conducted for this intersection.
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 should show the pedestrian trail within a 20 foot
wide easement. A note should be added that the final location of the easement will
be determined in the future when the trail is constructed. This trail should connect
with the existing trail on the Summer Woods property. Applicant should show a
pedestrian trail connection to the Lamplough property.
10. Parking: This project requires 225 parking spaces and 226 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 has
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.
11. Landscaping: The minimum landscaping requirement, based on building costs,
is $47,500 which is not being met. Landscaping proposed is $7500 short of the
requirement. Plantings will include Sugar Maple, Serviceberry, Burning Bush,
Crabapple, Mugo Pine, Yew, Arborvitae and Viburnum. Staff suggested that a
$7,500 credit be granted since a number of trees will be left untouched. The street
trees have an estimated value of $17,415. The combined landscaping value for site
and street trees is $64, 915 .
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.
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
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the proposed City street should be placed one (1) foot from the r.o.w. line as
required under Exhibit A-1 of the subdivision regulations. The Public Works
Superintendent recommended 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. The area north of #223 Patchen Road has steep
banks making it difficult to construct a sidewalk along this portion of the road.
Staff concured with this recommendation.
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 of the dwelling units will be 1090 square feet,
1140 square feet and 1300 square feet. This is in compliance with Section 25.114 of
the zoning regulations which requires a minimum of 425 square feet per unit for a
multi -family structure.
16. Mailbox cluster: The mailbox cluster is proposed to be located within the r.o.w.
for the proposed public street. It is City policy to locate the mailbox cluster outside
of the City r . o . w . for liability reasons. Applicant should find another suitable
location for the mailbox cluster which is located outside the City r . o . w .
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
--- applicant should submit proposed street name
--- the final plat should include the metes and bounds information for the
proposed City street.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission
approves the preliminary plat application of South Burlington Realty Company for
construction of a planned residential development consisting of 100 multi -family units
on 27.76 acres of land, 201 Patchen Road, as depicted on a 13 page set of plans, page
1 entitled "Randall G. Munson, Patchen Rd., So. Burlington, VT, Boundary Plat",
prepared by Trudell Consulting Engineers, dated November 18, 1994, subject to the
following stipulations:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
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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 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 plans shall be revised prior to final plat submittal as follows:
a) The final plat shall show the pedestrian trail located within a 20 foot wide
easement. A note shall be added that the final location of the easement will be
determined in the future when the trail is constructed.
b) The final plat shall show a pedestrian trail connection to the Lamplough
property and shall show the pedestrian trail connecting with the existing trail
in the Summer Woods property.
c) Sheets SP1, SP2 and SP3 shall be revised to show the sidewalk along the
proposed City street located one (1) foot from the r . o . w. line as required
under Exhibit A-1 of the subdivision regulations.
d) Sheets SP1, SP2 and SP3 shall be revised to show 283 feet of sidewalk
along the front of #209, 211, 215 and 219 Patchen Road in lieu of constructing
a sidewalk along the project frontage between #223 Patchen Road and the
cemetery.
e) Sheets SP1, SP2 and SP3 shall show the mailbox cluster located outside of
the City r . o . w .
f) The plan shall show a street name for the proposed new street.
g) The boundary plat shall show metes and bounds information for the
proposed City street.
h) Sheet SP3 shall be revised to relocate the fire hydrant located at building
#14 to the front of building #17 and add one (1) additional hydrant in front of
building #10.
i) Sheet SP3 shall be revised to show the water main located within the grass
strip (between the curb and sidewalk) and the water shutoff's located between
the sidewalk and the r . o . w . line. This applies only to the proposed City
street.
6. The Planning Commission approves a sewer allocation of 38,225 g. p . d. The sewer
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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 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 100 units which is 24 units or 31.6 o 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 of fill into the C . 0.
District behind building #5 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. The final plat submittal shall include an LOS analysis of the White
Street/Patchen Road intersection.
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.
13. The applicant shall post a landscape bond in the amount of $64,915 ($47,500 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. The Planning Commission grants a landscaping credit of $7500 for the site trees
which will remain undisturbed.
15. 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.
16. Prior to final plat submittal, a flow test of the water main on Patchen Road shall
be taken to determine whether the water supply is adequate for fire protection. The
determination as to whether adequate water supply is available shall be made by the
City Engineer.
17. The sewage pumping station and force main shall remain private.
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18 . The final plat application shall be submitted within 12 months or this preliminary
plat approval is null and void.
Chairman o C er
South Burlington Planning Commission
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Date
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