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HomeMy WebLinkAboutSD-05-09 SD-05-10 - Decision - 0000 Quarry Hill RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RALPH DESLAURIERS, JR. - 4-LOT SUBDIVISION PRELIMINARY PLAT APPLICATION #SD-05-09 FINAL PLAT APPLICATION #SD-05-10 FINDINGS OF FACT AND DECISION Ralph DesLauriers, Jr., hereafter referred to as the applicant, is requesting preliminary plat and final plat approval to amend a planned unit development consisting of three (3) lots and 96 multi -family dwelling units in three (3) buildings. The amendment consists of subdividing a 15.67 acre lot into four (4) lots ranging in size from 1.85 acres to 4.53 acres, 360 Spear Street. An additional 3.7 acres has been allocated to the right-of-way serving the existing and proposed lots. The Development Review Board held a public hearing on March 15, 2005. Skip McClellan 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 Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT The applicant is requesting preliminary plat and final plat approval to amend a planned unit development consisting of three (3) lots and 96 multi -family dwelling units in three (3) buildings. The amendment consists of subdividing a 15.67 acre lot into four (4) lots ranging in size from 1.85 acres to 4.53 acres, 360 Spear Street. An additional 3.7 acres has been allocated to the right-of-way serving the existing and proposed lots. 2. The record owner of the subject property is Cupola Golf Course, Inc. 3. The subject property is located in the Residential 12 (R12) and Interstate Highway Overlay (IHO) Zoning Districts. 4. The plans submitted consists of a two (2) page set of plans, page one (1) entitled, "Quarry Hill Community 360 Spear Street South Burlington, VT Remaining Lands of Cupola Golf Course 4 Lot Subdivision", prepared by Button Professional Land Surveyors, PC, dated 1/5/05, last revised on 1/7/0.5. Lot layout and Lot Size According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. - 1 - The layout of the proposed lots is sufficient to meet this requirement. The minimum lot size in the proposed subdivision is 1.85 acres, which meets the minimum requirements for minimum lot size in the R12 Zoning District. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water to the proposed project. According to Jay Nadeau, the Superintendent of the South Burlington Water Department, the City does not have sufficient water storage for any new project requiring more than 1,000 GPD in this service area. While the actual subdivision of this property does not require any water supply, the Board notes that any development on the four (4) lots shall not take place without approval of the South Burlington Water Department. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The proposed subdivision will connect to the sewer that crosses 1-89 and connects to the sewer main on Dorset Street. During the original subdivision review property, of which the subject property was lot #3, the applicant submitted a sewer capacity study, at the request of the City Engineer, for the applicable sewer pipes. This study was performed by Heindel and Noyes and suggests that the sewer pipes that the proposed subdivision will connect to have sufficient capacity to serve the subject property. The further subdivision of this property will not affect the required sewer capacity. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. -2- Any proposed development on the four (4) lots should include a grading and erosion control plan that complies with Sections 16.03 and 16.04 of the Land Development Regulations. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the four (4) lots is proposed via a proposed public street built to City standards, extending from Spear Street to East Terrace. The applicant submitted a traffic impact study performed by Wilbur Smith Associates in October, 2003 with the original subdivision, of which the subject property was part of. This traffic study analyzes the traffic impacts of 281 units, which is the maximum number of units allowed under the density requirement of the Land Development Regulations for the entire property, which as proposed, will include a total of six (6) lots. Fuss & O'Neill Inc. was contracted to perform technical review of the traffic impact study for the City. The traffic mitigation measures for the entire property were established during the original subdivision approval, of which the subject property was lot #3. The further subdivision of the subject property will not affect the required traffic mitigation measures. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. According to the City's Wetland Map the site does contain wetlands. With the application for the original subdivision of the subject property, of which the subject property was lot #3, the applicant submitted a plan, dated October 20, 2003, delineating the existing wetlands on the property. These wetland delineations were performed by Cathy O'Brien. In addition, the applicant has submitted a letter from Errol Briggs, dated September 5, 2003, which describes the wetlands on the property and their primary functions. This letter stated that the wetlands on the property are Class III, and are therefore regulated through the City's wetland regulations. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. According to Section 4.05 of the Land Development Regulations, the purpose of the R 12 District is to encourage high -density residential use and planned unit developments shall be required. The proposed subdivision conforms to the planned development patterns in the area and the stated purpose of the R12 District. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. -3- As the subject property falls within the IHO District. a 150' wide open space corridor will be maintained along the interstate. Also, existing wetlands and their associated buffers on the property will create additional open space areas. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The layout of the proposed subdivision does not require approval by the Fire Chief. However, any development on the four (4) proposed lots will be subject to review and approval of the Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Issues associated with the roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines, and lighting were dealt with during the original subdivision of this property, of which the subject property was lot #3. The further subdivision of the subject property will not require any changes to the infrastructure or utilities approved with the original subdivision. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the South Burlington Land Development Regulations. Landscaping and Screening Requirements The proposed subdivision will not require any additional landscaping. The street tree plantings for the roadway serving the existing and proposed lots shall be implemented as shown on the plans approved by the Development Review Board on November 18, 2003. ��""� DECISION Motion by 1�1/'1�(1y� C�7' seconded by �An wr*-XhIdV to approve Preliminary Plat application #SD-05-09 and Final Plat application #SD-05-10 of Ralph DesLauriers, Jr. subject to the following conditions: 1. All previous approvals and stipulations shall remain in effect, except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall comply with the requests of the City Engineer, as outlined in his memorandum dated February 24, 2005. 4. Any development on the four (4) lots shall not take place without approval of the South Burlington Water Department. 5. Any proposed development on the four (4) lots shall include a grading and erosion control plan that complies with Sections 16.03 and 16.04 of the Land Development Regulations. 6. Any development on the three (4) proposed lots is subject to review under Section 12.02(E) of the Land Development Regulations. 7. Open space areas shall be considered during the review process of any proposed development on the four (4) proposed lots. 8. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 9. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 10. The final plat plan (survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. -5- Chuck Bolton —yea/nay/abstai not prese Mark Boucher ye ay/abstain/no present John Dinklage _eyeay/abstain/no nay/abstain/not esent Roger Farley — yea/nay/abstain of present Michele Kupersmith — ea/nay/abs ai no presen Larry Kupferman — nay/abstain/not presen Gayle Quimby — e ay/abstain/not present Motion carried by a vote of ? - 0 - o Signed this 3 day of March, 2005 by Gay Quimby, Clerk Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy; finality).