HomeMy WebLinkAboutSD-03-78 - Decision - 0000 Quarry Hill RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
QUARRY HILL — 3-LOT SUBDIVISION
FINAL PLAT APPLICATION #SD-03-78
FINDINGS of FACT AND DECISION
John Larkin, hereafter referred to as the applicant, is requesting final plat plan approval for a
project consisting of subdividing a 25.67 acre lot into three (3) lots of 3.62 acres (Lot #1),
6.38 acres (Lot #2), and 15.67 acres (Lot #3), Quarry Hill Road. The South Burlington
Development Review Board held a public hearing on November 18, 2003. Greg Rabideau,
Lance Llewellyn, and Sharat Kalluri 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
1. The applicant is requesting final approval to subdivide a 25.67 acre lot into three (3) lots of
3.62 acres (Lot #1), 6.38 acres (Lot #2), and 15.67 acres (Lot #3).
2. The owners of record are John Larkin and Cupola Golf Course, Inc.
3. The subject property contains 25.67 acres and is located in the Residential 12 District,
Residential 7 District, and the Interstate Highway Overlay District.
4. The plans consist of eleven (11) sheets entitled "Quarry Hill Subdivision — South
Burlington - Vermont", prepared by Llewellyn and Howley, Inc. on June 23, 2003, last
revised on November 13, 2003; one (1) sheet entitled "Street Tree Master Plan — Quarry Hill
Community — South Burlington, Vermont", prepared by Green Mountain Earth Care on
November 13, 2003; and one (1) final plat sheet entitled "Final Plat Showing Retracement
Perimeter Survey — Quarry Hill Community — 360 Spear Street — South Burlington, VT",
prepared by Button Professional Land Surveyors, PC on February 25, 2003.
5. The South Burlington Development Review Board reviewed the sketch plan of this project
on February 18, 2003.
6. The South Burlington Development Review Board granted preliminary plat plan approval
for the proposed subdivision on July 29, 2003.
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.
The Development Review Board feels the layout of the proposed lots is sufficient to meet this
requirement.
The minimum lot size in the proposed subdivision is 3.62 acres, which meets the minimum
requirements for minimum lot size in the R7 and RI Districts.
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 Development
Review Board notes that any development on the three (3) 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 I-89 and connects to the sewer
main on Dorset Street. 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 three (3) lots.
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 properly and adjacent properties
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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.
The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
Access to the three (3) lots is proposed via a proposed public street built to City standards,
extending from Spear Street to East Terrace. The connection to East Terrace will be limited
to emergency access, which will be 12' wide and regulated through signage.
The applicant has submitted a traffic impact study performed by Wilbur Smith Associates in
October, 2003. 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. Fuss & O'Neill Inc. was contracted to perform a technical review of the traffic
impact study for the City.
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. The applicant has
submitted a plan, dated October 20, 2003, which delineates 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 states that the wetlands on the property are
Class 1II, 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 4.04 of the Land Development Regulations, the purpose of the R7 District
is to encourage high -density residential use. According to Section 4.05 of the Land
Development Regulations, the purpose of the RI District is to encourage high -density
residential use and planned unit developments shall be required.
The Development Review Board feels the proposed subdivision conforms to the planned
development patterns in the area and the stated purposes of the R7 and R12 Districts.
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
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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 Development Review Board does not feel the layout of the proposed subdivision requires
approval by the Fire Chief. However, any development on the three (3) 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
The Development Review Board feels the proposed roads, sidewalks, and landscaping are
compatible with the extension of such services and infrastructure to adjacent landowners.
The City Engineer has reviewed the stormwater and utility plans, and did not raise any concern
with regard to this requirement.
The Recreation Path Committee discussed the proposed subdivision at their February 3, 2003
meeting. Their recommendations, as outlined in a letter from the Recreation Department
Director, dated November 14, 2003, are as follows:
a. The applicant should provide a 20' wide recreation easement along the easterly side of the
property, extending from the recreation easement along the easterly side of the Horizon Heights
property. This could eventually facilitate the construction of a bridge over I-89.
b. The applicant should provide a recreation path easement between the proposed public street
and the Staples Plaza property to the north.
c. The applicant should provide a 10' wide recreation path alongside the proposed public street
between Spear Street and East Terrace.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards
The plans show sidewalks along both sides of the potion of the proposed public street where
most of the residential development will take place. The other portions of the street have a
sidewalk proposed on only one side of the street. The proposed sidewalks are consistent with
City standards.
The proposed street lighting and associated lighting details (cut -sheets) submitted by the
applicant are in compliance with the Land Development Regulations.
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The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Development Review Board feels the proposed project is consistent with the South
Burlington Land Development Regulations.
Landscaping and Screening Requirements
According to Section 13.06(F)(3) of the South Burlington Land Development Regulations the
Development Review Board shall require street trees to be planted sixty feet on center on both
sides of the street, on average and there should be a minimum of two (2) street trees per lot.
Also, the Land Development Regulations state the applicant shall submit a landscaping phasing
plan with the subdivision application.
The applicant has submitted a landscape plan for the proposed public street that was prepared by
Green Mountain Earth Care, dated November 13, 2003. This plan meets the requirements of
Section 13.06(F)(3) of the Land Development Regulations. The landscape budget submitted by
the applicant indicates that the landscaping for the proposed public street has a value of
approximately $56,000.
DECISION
Motion by Mark Boucher, seconded by Gayle Quimby, to approve Final Plat Application
#SD-03-78, 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. Any development on the three (3) lots shall not take place without approval of the South
Burlington Water Department.
4. Any proposed development on the three (3) lots shall include a grading and erosion control
plan that complies with Sections 16.03 and 16.04 of the Land Development Regulations.
5. Any development on the three (3) lots is subject to review under Section 12.02(E) of the Land
Development Regulations.
6.Open space areas shall be considered during the review process of any proposed development
on the three (3) lots.
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7. The plat plans shall be revised to show the following changes and shall require approval from
the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted
to the Administrative Officer prior to recording:
a. The sheet entitled "Quarry Hill Subdivision — South Burlington — Vermont — Wetland
Delineation Plan" shall be revised to eliminate the word "DRAFT".
b. The plans shall be revised to include all of the Recreation Path Committee's
recommendations.
c. The plans shall be revised to include proposed street lighting and associated lighting details
(cut -sheets), to be reviewed and approved by the City Engineer.
d. The plans shall be revised to show the appropriate zoning district boundary lines.
e. The plans shall be revised to comply with the requests of the City Arborist, as outlined in his
letter dates November 17, 2003.
f. The plans shall be revised to comply with the requests of the City Engineer, as outlined in his
letter dated November 13, 2003.
g. The survey plat shall be revised to correctly label the three (3) lots, so that they are consistent
with the rest of the plans.
h. The survey plat shall be revised to indicate the size of each of the three (3) lots.
i. The plans shall be revised to depict the public street connection to East Terrace as an
emergency access built to City Standards (12' wide) with signage regulating both ingress and
egress.
j. The plans shall be revised to replace the proposed 5' wide sidewalk along the easterly side of
the public street with a 10' wide recreation path.
8. The recommendations of the Quarry Hill Traffic Impact Study and any subsequent revisions
shall be incorporated into any approvals for development on the three (3) lots.
9. The proposed public roadway shall be constructed to the City's Street Design Standards, as
outlined in Table 15-1 of the South Burlington Land Development Regulations.
10. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
11. The applicant shall post a $56,000 landscape bond for street trees prior to the start of road
construction. 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.
C.
12. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior
to recording of the final plat plans, the applicant shall submit all appropriate legal documents
including easements (e.g. irrevocable offer of dedication and warranty deed for proposed
public roads, utility, sewer, drainage, water, and pedestrian paths, etc.) to the City Attorney
for approval and recorded in the South Burlington Land Records.
13. Prior to the start of construction of the improvements described in condition # 12 above,
the applicant shall post a bond which covers the cost of said improvements.
14. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations,
within 14 days of the 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.
15. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit a Certificate of Title, prior to recording the final plat plans, showing the
ownership of all property and easements to be dedicated or acquired by the City, and said
Certificate of Title shall be approved by the City Attorney.
16. The applicant shall comply with the requests of the City Engineer, as outlined in his
comments dated November 13, 2003.
17. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
18. The final plat plan (survey plat) shall be recorded in the land records within 90 days of the
date of this decision, 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 - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/M/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-1-0.
Signed this 2, day of December, 2003, by
P
hn Dinklage, Chair 10/
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