HomeMy WebLinkAboutSD-03-68 - Decision - 0000 Quarry Hill RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
HORIZON HEIGHTS — 77 RESIDENTIAL UNITS
FINAL PLAT APPLICATION #SD-03-68
FINDINGS of FACT AND DECISION
Horizon Heights Condominium Association, hereafter referred to as the applicant, is
requesting final plat plan reapproval for a previously approved manager's apartment unit
(Unit 38-B) at the Horizon Heights Condominium development. The subject property
contains approximately 11.03 acres and is located in the Residential 7 (R7) District. The
South Burlington Development Review Board (DRB) held a public hearing on October
21, 2003. Bill Marks represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat plan reapproval for a previously approved
manager's apartment unit (Unit 38-B) at the Horizon Heights Condominium
development. The property is located at Quarry Hill Road.
2. The owner of record is the Horizon Heights Condominium Association.
3. The subject property contains approximately 11.03 acres and is located in the
Residential 7 (R7) District.
4. The plans consist of one (1) sheet entitled "Horizon Heights Condominiums — Quarry
Hill Road — South Burlington, VT", prepared by Trudell Consulting Engineers, Inc.,
dated December 9, 1981, last revised August 8, 2003.
The original approval was granted for a 76-unit condominium development by the South
Burlington Planning Commission on March 22, 1977. On April 24, 1979, the Planning
Commission approved a change to the original approval to allow an additional manager's
apartment unit, subject to 5 conditions. The conditions of approval were not met, and a
final plat was never endorsed by the Planning Commission prior to recording.
Furthermore, it was not recorded within 90 days of the Planning Commission approval.
The original plat recorded in Map Volume 105, Page 73 includes a reference to "future
bikeways and pedestrian trails" within 150 ft. of the Interstate 89 corridor along the
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easterly portion of the subject property. The second plat recorded in Volume 173, Page
37 does not include this reference.
Although the applicant applied for Sketch plan approval in 1999 to correct the above
described discrepancies, the application did not proceed to final review. During sketch
plan review on May 25, 1999, the Planning Commission investigated the status of
compliance with the 5 conditions of the April 24, 1979 approval. The conditions were as
follows: (1) that an outstanding recreation fee of $891 be paid to the city; (2) that a final
inspection occur, as -built drawings be submitted, and easement deeds for sewer and water
lines be executed; (3) that an offer of dedication for the required pedestrian easement be
executed; (4) that the emergency access be chained as approved by the Fire Chief; and (5)
that a revised final plat be recorded.
At the May 25, 1999 hearing it was determined that the recreation fee still needed to be
paid; as -built drawings did not exist and could not be prepared; an easement deed for a
pedestrian path was never executed; the Fire Chief was satisfied with the emergency
access; and a plat was recorded without Planning Commission endorsement. Subsequent
to the Planning Commission meeting, the applicant's attorney drafted an easement deed
for the pedestrian pathway and forwarded it to City Attorney Tim Eustace. Mr. Eustace
responded with a revised draft recreation path easement deed. This appears to be the last
correspondence regarding the Horizon Heights easement.
Department of Planning and Zoning files include a drawing originally submitted in 1979
showing the manager apartment unit and relocated water and sewer lines. The final plat
plan depicts the sewer and water lines on the property and the utility easements on the
property.
The Recreation Path Committee met on March 4, 2003 to discuss their previous request
to include a 20' floating recreation path easement on the property. The final plat plan
submitted does depict the 20' floating recreation path easement. The location of this
easement is to be approved by City of South Burlington.
DECISION
Motion by Gayle Quimby, seconded by Mark Boucher, to approve Final Plat Application
#SD-03-68, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. The applicant shall record legal documents establishing a 20' wide floating recreation
path easement, approved by the City Attorney, prior to final plat recording.
4. The applicant shall provide evidence that the $891 recreation fee has been paid to the City
of South Burlington. If the recreation fee has not been paid, the applicant shall submit $891
to the City of South Burlington, prior to final plat recording.
5. The plans shall be revised to correctly label the Interstate Highway Overlay District
boundary (old C.O. District), prior to final plat recording.
6. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7. The final plat plan shall be recorded in the land records within 90 days of the date of
this motion, or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording. The applicant shall submit a final plat plan in digital
format.
Chuck Bolton -nay/abstain/not present
Mark Boucher 11e nay/abstain/not present
John Dinklage a nay/abstain/not present
Roger Farley -de nay/abstain/not present
Michele Kupersmith -nay/abstain/not present
Larry Kupferman -►/nay/abstain/not present
Gayle Quimby (flay/abstain/not present
Motion Carried by a vote of 7 - G - v
Signed this -�2 -2, day of October, 2003, by
�ohnnklage, Chair