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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 2 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 91 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. 4 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