HomeMy WebLinkAboutSD-95-0000 - Decision - 0360 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Cupola Golf Course, Inc.,
d.b.a. Quarry Hill Club, for a boundary line adjustment involving
3.2 acres of land between two (2) existing parcels of 27.75 acres
and 6.7 acres thereby creating two (2) reconfigured lots of 24.55
acres and 9.9 acres, 360 Spear Street and 861 Williston Road.
On the 12th day of September, 1995, the South Burlington Planning
Commission approved the request of Cupola Golf Course, Inc., d.b.a.
Quarry Hill Club for final plat approval under Section 204 of the
South Burlington Subdivision Regulations based on the following
findings:
1. This project consists of a boundary line adjustment involving
3.2 acres of land between two (2) existing parcels of 27.75 acres
and 6.7 acres, thereby creating two (2) reconfigured lots of 24.55
acres and 9.9 acres. The sketch plan was reviewed on August 22,
1995.
2. These properties located at 360 Spear Street and 861 Williston
Road lie within the R4, R7, Cl and CO Districts. They are bounded
on the north by Williston Road, on the east by I-89, on the south
by the Horizon Heights residential development and on the west by
residences along East Terrace.
3. Access: Access to the 360 Spear Street property is provided by
a private road (Quarry Hill Road) from Spear Street. This road
provides access to a couple of residences, the Horizon Heights
development with 77 units and the Quarry Hill Club. One of the
conditions of approval for Horizon Heights required that the Quarry
Hill Road "be fully upgraded to city design and construction
standards in the event of: a) additional subdivision, or b)
substantial further development". Another condition of this
project was "that further development of the 28 acres zoned
commercial shall not have access through the residential
neighborhood". The lot for Horizon Heights was subdivided from the
property which is the subject of this application. Access is also
available from a 50 foot r.o.w. to East Terrace. Access to the 861
Williston Road property is via two (2) curb cuts on Williston Road.
4. At the sketch review, the Planning Commission decided that
since this application involves only a boundary line adjustment,
the Commission would not require the upgrade of Quarry Hill Road to
City standard at this time.
5. Lot size/frontage: The two (2) reconfigured lots will meet the
lot size requirements. The 861 Williston Road property meets the
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frontage requirement along Williston Road and the 360 Spear Street
property does not meet the minimum frontage requirement on Spear
Street. This is an existing situation which will not be made worse
by the boundary adjustment.
6. C.O. District: The plat does not correctly depict the C.O.
District as interpreted by staff and as shown on the zoning map.
The Planning Commission did apparently approve the boundary as
shown on this plat in 1988.
7. Recreation path: The revised final plat does not show a
recreation path easement as recommended by the Recreation Path
Committee. The plan should be revised to incorporate a recreation
path easement as recommended. The legal documents for the easement
should be approved by the City Attorney and recorded prior to
recording the final plat.
8. Other:
--- the plat should be revised to show the Quarry Hill Road r.o.w.
since this land is part of the lot being subdivided.
--- the note regarding town zoning districts should be revised to
read City zoning districts.
--- the zoning district boundary line between the R4 and R7
districts is not correctly shown.
--- plat should show the location of 12" water line.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final Plat application of Cupola Golf
Course, Inc., d.b.a. Quarry Hill Club, for a boundary line
adjustment involving 3.2 acres of land between two (2) existing
parcels of 27.75 acres and 6.7 acres thereby creating two (2)
reconfigured lots of 24.55 acres and 9.9 acres, Quarry Hill Club
and Staples Plaza, as depicted on a plan entitled "Boundary Line
Adjustment Between 89-2 Realty Company & Cupola Golf Course, Inc.
South Burlington, VT", prepared by T. Bass Land Surveys, dated
August, 1995, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The plat shall be revised prior to recording as follows:
a) The plat shall be revised to show the Quarry Hill Road
right-of-way which is part of the Cupola Golf Course, Inc.
property.
b) The plat shall be revised to show the location of the 12"
water main crossing the Cupola Golf Course, Inc. property.
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c) The plat shall be revised to accurately show the zoning
boundary between the R4 and R7 Districts.
d) The plat shall be revised to correct the note referring to
"town" zoning districts. The note shall read "City" zoning
districts.
e) The plat shall be revised to show a 20 foot recreation
path easement along the I-89 row and ramp row for a distance
of 500 feet from the Horizon Heights property. Also, an
easement shall be provided along the Quarry Hill Road. Final
location shall be approved by the Recreation Path Committee.
f) The plat shall be revised to not show the CO District
boundary.
3. The legal documents for the recreation path easement shall be
approved by the City Attorney and recorded in the land records
prior to recording the final plat.
4. The final plat plans shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall
be signed by the Planning Commission Chairman or Clerk prior to
recording.
Chairm n or
South Burlington Planning Commission
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Date
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