HomeMy WebLinkAboutSD-98-0000 - Decision - 1600 Spear Street (2)FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of L&M Partnership to amend a previously approved plan for a 73
planned residential development, Spear Street (Pinnacle @Spear). The amendment consists of: 1)
adding seven (7) lots for a total of 80 lots, and 2) resubdividing twenty two (22) lots along proposed
Vale Drive.
On the lat day of September, 1998, the South Burlington Planning Commission approved the request
of L&M Partnership for revised final plat approval under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
1. This application was continued from the July 21, 1998 meeting to provide the applicant an
opportunity to revise the plan in response to comments made by area residents. This project consists
of amending a plan previously approved on 8/ 10/93 for a 73 lot planned residential development.
The amendment consists of. 1) adding seven (7) lots for a total of 80 lots, and 2) the resubdivision
of twenty two (22) lots. The sketch plan was reviewed on 3/10/98 .
2. This property known as "Pinnacle at Spear" is located on the easterly side of Spear Street. It is
bounded on the west by Spear Street and several single family residences, on the north and south by
undeveloped property, and on the east by a residential portion of the golf course.
3. Access: Access to the additional seven (7) lots would be via an approved 1,100 foot long cul-de-
sac street known as Vale Drive. This cul-se-sac street would be extended an additional 600 feet. The
maximum length allowed under Section 401.1(g) of the subdivision regulations is 850 feet. The
Planning Commission as part of the 8/10/93 approval granted a waiver for the additional length. This
request would lengthen the cul-de-sac street to 1700 feet. This street would now serve 29 lots. This
cul-de-sac street would no longer be a cul-de-sac street when the adjacent residential development
on the golf course is constructed. The reserved r.o.w. for future street extension to the north would
remain.
4. The applicant should be responsible for building the portion of the connector road (Dorey Road)
that lies on his property. Staff suggested that permits for the seven (7) additional lots not be issued
until Dorey Road is constructed. The golf course developer will be responsible for building the
portion of the road that lies on his land.
5. Similarly, the applicant should be required to construct Nowland Farm Road to his easternmost
property line since this will eventually be connected to a part of the golf course development.
6. Density: The maximum density allowed under Section 26.152(b) of the zoning regulations is 80
units (66.7 acres x 1.2 units/acre = 80 units) and 80 units are proposed.
7. Sewer: The additional sewer allocation requested is 3619 gpd (this includes the 20% reduction
allowed by the State). The applicant will be required to pay the per gallon fee prior to permit
issuance. On 7/8/97 the condition regarding sewer allocation was amended to read as follows: "The
Commission approves a total sewer allocation of 46,957 gpd for this development. The length of
time that this sewer allocation approval shall remain in effect shall be tied to roadway construction.
The roadway serving this development shall be completed by December 21, 1998. The sewer
allocation for any lots served by roadways which are not completed by 12/21/98 shall be lost unless
reapproved by the Planning Commission." The additional allocation now brings the total sewer
allocation for the development to 50,576 gpd.
8. Street lights: Five (5) 150 watt high pressure sodium lamps mounted on 20 foot poles with
downcasting shielded fixtures are proposed along Vale Drive.
9. Landscaping: The additional landscaping proposed has an estimated value of $32,460. This
landscaping includes street trees and site landscaping. The landscaping plan for the entire
development has been revised to show all existing landscaping "as -built" in addition to the proposed
landscaping.
10. Impact fees: The applicant was made aware that these additional lots will be subject to school,
recreation and road impact fees. Since the Recreation Path Committee is no longer recommending
that the path be constructed by this developer, there should no longer be a $300 credit per lot applied
to the recreation impact fee for any lot in the entire development.
11. Recreation Path: Condition #21 of the 8/10/93 approval required that the recreation path
between Vale Drive and Pinnacle Drive be constructed when either of these streets was constructed.
This recreation path has not been constructed as required. As indicated above, the Recreation Path
Committee is no longer recommending that this path be constructed. Staff suggested that the
easement be shifted to the west so that it doesn't directly abut house lots in the golf course
development.
12. Non -buildable area: All or portions of new lots #63 - 67 and 69 are located within the restricted
area as shown on the SEQ zoning map. Section 6.606 of the zoning regulations requires the Planning
Commission to review proposed development activity or the location of residential development lots
in a restricted area according to criteria contained in this section. The applicant submitted a statement
addressing these criteria .
13. Wetlands: The plan shows the wetland boundary located west of Vale Drive including the C.O.
District/wetland buffer. No portion of any lot will extend into this C.O. District.
14. View protection zone: The plan shows the boundaries of the Dorset Park Scenic View Protection
Overlay District. The applicant submitted an updated matrix to include the new lots which indicates
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the height limit on each lot. This revised document should be recorded in the land records. This
matrix should be revised to include all 80 lots within the development, since the zoning has changed
since the original matrix was developed.
15. Lot size/frontage: The minimum lot size requirement is 12,000 square feet. All the resubdivided
lots in addition to the new lots will meet the minimum lot size requirement.
The minimum frontage requirement is 80 feet. All the resubdivided lots in addition to the new lots
will meet the minimum frontage requirement.
16. School impact: A letter from the School Superintendent addressing the school impact was
submitted .
17. PRD/PUD report: The applicant submitted a statement addressing the PRD/PUD criteria in
Section 26.151 of the zoning regulations.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the final
plat application of L&M Partnership to amend a previously approved plan for a 73 lot planned
residential development, Spear Street (Pinnacle @Spear). The amendment consists of: 1) adding
seven (7) lots for a total of 80 lots, and 2) resubdividing 22 lots, Spear Street, as depicted on a 23
page set of plans page one (1) entitled, "Final Plat for Subdivision of Property of Gerald Milot and
John Larkin Pinnacle @Spear (Formerly Nowland Two) Spear Street South Burlington, Vermont"
prepared by Button Associates, dated 8/21/98, last revised August, 1998 with the following
stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. In accordance with Section 6.602 of the South Burlington Zoning Regulations, the Planning
Commission approves the creation of lots for development upon land designated as "restricted area"
on the Southeast Quadrant Official Zoning Map. It is the Commission's opinion that based on
information submitted by the applicant the proposed development will not adversely affect wetlands
on the property.
3. Pursuant to Section 513 of the subdivision regulations, the Planning Commission waives the 850
foot cul-de-sac street limit provided in Section 401.1(g) of the subdivision regulations and approves
extending the length of the cul-de-sac street to 1700 feet.
4. The applicant shall be responsible for constructing that portion of the connector road (Dorey
Road) which lies on his property. Zoning permits for the seven (7) additional lots (lots #63 - 69) shall
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not be issued until Dorey Road is constructed through to Four Sisters Road.
5. The applicant shall be responsible for constructing Nowland Farm Road to his easternmost
property line. In the vicinity of the easternmost property line, the roadway shall be constructed in
accordance with the plans approved on 7/14/98 for the JAM GOLF LLC (see Sheets C24 and C-
18). The road shall be constructed to the easternmost property line prior to the occupancy of any
residential structures on Vale Drive.
6. The Commission approves a total sewer allocation of 50,576 gpd for this development. The
length of time that this sewer allocation approval shall remain in effect shall be tied to roadway
construction. The sewer allocation for any lots served by roadways which are not completed by
12/21 /98 shall be lost unless reapproved by the Planning Commission.
7. The applicant shall no longer be required to construct that portion of the recreation path located
outside of any public street right-of-way. The $300 credit per lot previously approved is hereby
eliminated.
8. Prior to the issuance of a zoning permit for any lots on Vale Drive, the applicant shall post a
$32,460 landscape bond for proposed street trees. The bonds shall remain in effect for three (3) years
to assure that the proposed landscaping has taken root and has a good chance of surviving.
9. Legal documents for the revised Vale Drive and Dorey Road (i.e., irrevocable offer of dedication)
and easements (e.g., utility easements and recreation path easement) shall be submitted to the City
Attorney for approval and shall be recorded in the South Burlington Land Records prior to issuance
of any zoning permits.
10. A "Notice of Condition' addressing the height limitations for structures and landscaping on all
80 lots shall be submitted to the City Attorney for approval and shall be recorded in the South
Burlington land records prior to recording the final plat plans.
11. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion
of required improvements (e.g., streets, water mains, sanitary sewers, storm drains, etc.), the
developer shall submit to the City Engineer "as -built" construction drawings certified by a registered
engineer.
12. The plat plans shall be revised to show the changes listed below and shall require approval of the
City Planner. Three (3) copies of the approved revised plat plans shall be submitted to the City
Planner prior to recording.
1. The recreation path easement shall be shifted so as to meander through the center of
common land D.
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2. The survey plat shall be amended to show the recreation path easement as an easement,
not part of the public r.o.w.
13. A bond for streets, sidewalks, sewer and water shall be posted prior to issuance of a zoning
permit. The amount of the bond shall be approved by the City Engineer.
14. No zoning permit will be issued for a lot until the street serving that lot has a gravel sub -base
installed in conformance with City specifications.
15. The seven (7) additional lots (lots #63 - 69) shall be subject to school, recreation and road impact
fees.
16. Any change to the final plat plans shall require approval by the South Burlington Planning
Commission.
17. The final plat plans (sheets # 1 of 9, 2 of 9 and the survey plats) 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 Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant
shall submit a copy of the survey plat in digital format. The format of the digital information shall
require approval of the City Planner.
Chairman or Clerk
South Burlington Pl nnin g Commission
ate