HomeMy WebLinkAboutSD-93-0000 - Decision - 0008 Catkin DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT 3 J v 0
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of MBL Associates for a planned
residential development involving 202.2 acres of land and
consisting of 161 single family lots and 60 multi -family units,
Dorset Street.
On the 12th of October, 1993 the South Burlington Planning
Commission approved the request of MBL Associates for final plat
approval under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the subdivision of 161 single family
lots and the construction of 60 multi -family units in 15 buildings
for a total of 221 units. This development will take place on a
total of 202.2 acres, 156.72 acres on the westerly side of Dorset
Street and 45.48 acres on the easterly side. The entire developed
portion of the project is proposed for the westerly side.
Therefore, this application involves the transfer of density from
the parcel east of Dorset Street to the parcel west of Dorset
Street. Preliminary plat approval was granted on 3/30/93.
2. Access: Access to the development will be via an 80 foot
r.o.w. which will bisect the project and eventually continue
westerly to connect with Allen Road. Off from the main east -west
access road will be two (2) main loops, one to the north and one to
the south, each with a smaller loop within the larger one. These
loops will provide access to all the lots and multi -family units.
This project should be conditioned on the requirement that access
to all the lots be from the secondary access roads and not from the
main access road.
3. Since it is proposed that there be only one (1) access from
Dorset Street until Allen Road Extension is continued to connect to
Spear Street, the existing barn access road will be extended to
connect with Catkin Drive and will be used to provide emergency
access in the event the main access is blocked.
4. A note on the plan indicates that this emergency access road is
to be maintained by the homeowners association. This second access
and the requirement that the developer or homeowners association
maintain this road was a stipulation of the preliminary plat
approval.
5. The plan shows a 60 foot wide strip of land between lots 21 and
83 to provide a future connection with the Lang property to the
north.
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6. Density: The PRD provision in the proposed Southeast Quadrant
zoning may allow this property to generate 222 units (maximum base
density) plus 25% or 278 units maximum. The maximum number of
units allowed is based on the developable area as shown on the
Southeast Quadrant zoning map multiplied by 4. The developable
area in this project is 66.2 acres which results in a maximum of
264 units. The applicant is proposing 221 units.
7. Nonbuildable area: The applicant submitted a plan showing the
development and restricted areas as shown on the Southeast Quadrant
zoning map and how they relate to the development plan. Either all
or a portion of 42 lots and two (2) multi -family buildings are
located in the restricted area.
8. There are three ( 3 ) main restricted areas in which lots are
proposed. One is for the Allen Road Corridor which the applicant
is proposing to shift to the north. The second is a north -south
wetland following a stream. The applicant has determined that the
wetland is smaller than what appears in the Southeast Quadrant
zoning map. The third area is the scenic corridor setback along
Dorset Street. The applicant is proposing 13 lots in this area
behind the existing barn (lots 98-108 and 127 and 128).
9. Under Section 26.606 of the zoning regulations the Planning
Commission must review proposed development activity or the
location of residential development lots in a restricted area
according to the criteria contained in this section. The applicant
submitted comments addressing these criteria. The Planning
Commission as part of preliminary plat approval allowed residential
activity in restricted areas.
10. Wetlands: The plans now show all wetland areas impacted by
this development. This was a condition of preliminary plat
approval. The development will impact 0.67 acres of wetland and
impact 2.7 acres of wetland and buffer area.
11. Lot size: The minimum lot size for single family lots in the
Southeast Quadrant district is 12,000 square feet (.27 acres) with
85 feet of frontage on local streets and 100 feet of frontage on
collectors and arterials. The applicant is requesting a
modification to the zoning regulations to allow lots smaller than
the minimum. The smallest lot area proposed is 7,200 square feet.
The smallest frontage proposed is 55 feet.
12. Traffic: A traffic impact analysis was prepared by the
applicant. The report projects that at full build -out, which is
estimated to be 1997, this project will generate 205 vehicle trip
ends during the P.M. peak hour.
13. Intersection capacity analyses were performed for the
following intersections: proposed Dorset Street/Project Access,
Dorset Street/Swift Street and Dorset Street/Barstow Road. The
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results of the level -of -service (LOS) analyses at the proposed
Dorset Street/Project access indicate very good LOS, acceptable LOS
at the Dorset Street/Barstow Road intersection and poor LOS for the
eastbound Swift Street approach at the Dorset Street/Swift Street
intersection. The analysis indicates that this approach is
currently at or over capacity for design hour conditions. A
traffic signal warrant analysis was performed for 1993 existing
conditions at the Dorset Street/Swift Street intersection which
indicates that a traffic signal is warranted.
14. Warrant analyses were performed for northbound left -turning
traffic and southbound right -turning traffic entering the project.
It was determined that neither a left -turn lane nor a right -turn
lane is warranted. A preliminary plat condition required that a
southbound right turn deceleration lane at the project access be
shown on the final plat plan. This requirement is being met. This
condition also required the applicant to install a signal at the
Swift Street/Dorset Street intersection prior to occupancy of the
first unit.
15. Recreation Path/Pedestrian Trail: At preliminary plat
approval the Planning Commission required that the final plat plan
incorporate the recommendations of the Recreation Path Committee
(RPC). The RPC at their 9/7/93 and 10/4/93 meetings reviewed the
final plat plans and submitted comments to the Planning Commission.
Their most recent memo recommends that the proposed recreation path
located on the west side of Dorset Street running in a north -south
direction be eliminated. This would then allow the recreation path
along Midland Avenue to be relocated to the north side of the
street. The RPC prefers the north side but either side is
acceptable.
16. A note should be added to the plan to the effect that the
developer would donate a 20 foot wide recreation path easement
running north -south along the western edge of the property. The
exact location to be determined prior to construction.
17. Sewer: Municipal sewer system will serve this development via
a 6 inch force main to Kennedy Drive. The sewer allocation being
requested is 116,850 gpd plus 7,872 gpd for infiltration for a
total of 124,729 gpd. This is 4,379 gpd more than was allocated at
preliminary plat approval. The length of time that this sewer
allocation approval will remain in effect is tied to roadway
construction. The roadway serving this development must be
completed within eight (8) years of final plat approval. This was
a condition of preliminary plat approval.
18. The applicant has been working with the City Engineer on the
design of the proposed sewerage system. The system is being
oversized at the City Engineer's request in order to accommodate
future development in this area of the City that will tie into the
system. Both the City's sewer regulations (Article VIII) and
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subdivision regulations (Section 406) require the City to pay the
difference between the cost of the improvements necessary for the
subdivision and the cost of over -designing and over -building.
These regulations require the City Council to approve an over -
design prior to the Commission granting approval.
19. Water: Municipal water system will serve this development via
a 12 inch main and will connect with the existing CWD main adjacent
to the storage tank on Dorset Street. Applicant has obtained a
letter from both the South Burlington Water Department and
Champlain Water District indicating that the estimated demand of
113,400 gpd can be met.
20. The applicant is increasing the water demand to 116,850 gpd or
a 3,450 gpd increase. A letter from the water department should be
obtained for this additional demand.
21. Phasing: Project will be "market phased" and built out over
a four (4) year period. The applicant estimates that 15 multi-
family units and up to 45 single-family homes will be built each
year.
22. Landscaping: The minimum landscaping requirement for the
multi -family units based on building costs is $52,500 which is not
being met. The value of the landscaping proposed is $49,030 for a
$3,470 shortfall. The applicant should makeup the shortfall by
adding a few more trees to the buffer strip along the east side of
lots 1-17. The value of the street trees proposed is $158,485 and
the value of the two (2) trees per lot is $96,600. The total
landscaping value is $307,585.
23. Archeological sites: The State Division for Historic
Preservation has identified an archaeologically sensitive area on
the western side of the project area. Plans do not take into
account the protection of this sensitive area. Section 19.151h of
the zoning regulations requires the applicant to show that this
development will not have an undue adverse effect on and will
protect rare and irreplaceable historic sites. The plans do not
show the area of potential archeological sensitivity as required at
preliminary plat. The applicant has indicated that this area will
be shown on the plans when the location of the boundaries become
available from the State Office of Historic Preservation.
24. At the preliminary plat hearing, the Planning Commission
requested that the area of potential archeological impact be shown
on the drawings so that the Commission could clearly see which
lots/units are involved. The Commission discussed imposing a
condition which would prevent a zoning/building permit from being
issued for these involved lots until the applicant can present
evidence from the Division for Historic Preservation (SHPO) that
the lots/units will not adversely impact archeological sites. This
area should be shown on the plans.
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25. Open Space: Applicant or Homeowners Association should cut
grass within open space/scenic corridor (i.e., along both sides of
Dorset Street and around farm buildings) at least once a year to
maintain open space and scenic character of the area. This was a
requirement of preliminary plat approval. The concept of
maintaining open fields was first recommended by the Southeast
Quadrant Committee.
26. Recreation: The applicant should be given a credit of $75 per
unit for the construction of the portion of the proposed recreation
path located outside of any public street r.o.w. This will consist
of the recreation path located on the east side of Dorset Street.
The applicant will be required to pay the difference between the
$75 credit and the recreation fee in effect at the time of permit.
The credit was a condition of preliminary plat approval.
27. School impact: A school impact fee ordinance has not yet been
adopted. The school district is currently working to complete such
an ordinance. The applicant will be subject to this impact fee if
and when it is adopted.
28. Lighting: The applicant is proposing street lighting similar
to what is in Butler Farms and Oak Creek. The lamps will be 70
watt high pressure sodium mounted on 20 foot poles with cut-off
luminaries. Each multi -family building will have eight (8)
building mounted 60 watt incandescent soffit and sidewall lights.
29. Parking: The applicant is providing 2.5 spaces per unit
(including garage spaces) in the immediate vicinity of the
buildings. An additional 34 overflow/storage spaces are also being
provided. This results in 184 spaces being provided and the
minimum requirement being 135 spaces plus an area for recreation
vehicles/boats.
30. Subdivision Plat
--- all easements should be identified as to size and type. The
plat should also be revised to reflect the revised easements
shown on the engineering drawings and should indicate which
are private.
--- recreation path easements must be shown.
--- plat should use street names shown on engineering drawings.
31. Other:
--- the boundary survey prepared by Krebs & Lansing shows a 20.09
acre "protected parcel" within the development area. This
parcel was created as part of a previously approved
subdivision and a condition of approval for an Act 250 permit.
The purpose of this condition was to preserve agricultural
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soils. The applicant has indicated that as part of their Act
250 application they will be requesting the termination of
this restriction.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of MBL Associates
for a planned residential development involving 202.2 acres of land
and consisting of 161 single-family lots and 60 multi -family units
as depicted on a 45 page set of plans, page two (2) entitled
"Southeast Summit, Overall Site Plan", prepared by Fitzpatrick -
Llewellyn, Inc. and dated October, 1992, last revised 7/14/93, and
as depicted on a seven (7) page subdivision plat, page one entitled
"Southeast Summit, Subdivision Plat of Common Areas", prepared by
Fitzpatrick -Llewellyn, Inc. and dated August, 1993, with the
following stipulations:
1. In accordance with section 26.602 of the South Burlington
Zoning Regulations, the Planning Commission approves development
and the creation of lots for development upon land which is
designated as "restricted area" on the Southeast Quadrant Official
Zoning Map. It is the commission's opinion that based on the
information submitted by the applicant the proposed development
will not adversely affect wetlands on the property. Also, it is
the Commission's opinion that the goals for maintaining an open
space corridor along the north -south arterial roadways in the
Southeast Quadrant will be promoted even with the creation of lots
98-108 and 127 and 128. The existing barn buildings and residences
along Dorset Street help screen this area from Dorset Street and
the encroachment of these lots into the restricted area is minor.
Finally, the Planning Commission supports moving the r.o.w. for a
future east -west collector road to the north as proposed.
2. Driveway access to all lots shall be from local streets and
shall not be from the east -west street known as Street "M" or
Midland Avenue (i.e., 80 foot r.o.w.).
3. The applicant shall be responsible for the following traffic
impact mitigation improvements:
a) Add southbound right turn deceleration lane on Dorset
Street at project access. The deceleration lane shall be
constructed prior to occupancy of the first unit.
b) Applicant shall install a traffic signal at the
intersection of Swift Street and Dorset Street. The signal
shall be installed prior to occupancy of the first residential
unit. The applicant shall post a bond to cover the cost of
the signal prior to issuance of any zoning/building permit.
The signal shall be installed in accordance with the
specifications of the City's Public Works Department.
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4. The plans shall be revised prior to recording to show the
following changes to the proposed recreation path system:
a) The plans shall show a proposed path and recreation path
easement along the east side of the Dorset Street r.o.w. The
applicant shall be responsible for constructing this portion
of the path.
b) The proposed north -south recreation path and easement in
the vicinity of the barns and emergency access road shall be
deleted from the plans.
c) The proposed recreation path along the east side of lots
1-17 shall be shown as an easement only, and not as a path to
be constructed by the applicant.
d) The plans shall show a recreation path easement running
north -south between the Shelburne Town line and Street "M"
(i.e., Midland Avenue) along the westernmost property line'of
the project. The plans shall include a note indicating that
the exact location of the path is to be determined by the City
at a future date.
5. The Planning Commission approves a credit of $75 per
residential unit for construction of the portion of the proposed
recreation path located outside of the public street right-of-way.
This credit may be applied toward required recreation fees. At
time of application for a zoning/building permit, the applicant
shall pay the difference between the recreation impact fee and the
$75 per unit credit.
6. The developer shall be required to install two (2) trees on
each lot as required in Section 19.104(a) of the South Burlington
Zoning Regulations. A "Notice of Condition" addressing this
requirement shall be recorded in the South Burlington land records
prior to recording the final plat plans.
7. Prior to issuance of any zoning/building permits, the applicant
shall post the following landscape bonds to cover the installation
cost and value of all proposed landscaping: (a) a $52,500 bond for
site landscaping, (b) a $158,485 bond for proposed street trees,
and (c) a $96,600 bond for the proposed two (2) trees per single-
family lot. The bond(s) shall remain if effect for three (3) years
from the date of planting to assure that the planted landscaping
has taken root and has a good chance of surviving.
8. Legal documents for all public streets (i.e., irrevocable offer
of dedication) and easements (e.g., utility easements and
recreation path easements) 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/building permits.
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9. 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.
10. A second access to the development shall be provided for
emergency access as shown on the plans. This emergency access
shall be maintained (including plowing) by the developer or
homeowner's association until such time as the east -west collector
road is extended to and connected with Spear Street, or an
alternate second access is provided to the development and is
approved by the Planning Commission. If the emergency access is to
be maintained by a homeowner's association, it shall be so stated
in the association "bylaws".
11. Maintenance of the mailbox turn -out shall be the
responsibility of the homeowner's association. A "Notice of
Condition" addressing this requirement shall be recorded in the
land records prior to recording the final plat plans.
12. Prior to recording the final plat plans, the plans shall be
revised to show the following:
a) the landscape plan shall show an additional $3,470 in
buffer landscaping to the east of lots 1-17. The landscape
plan shall also indicate that street trees will be planted at
least 6 feet from the face of curb.
b) the subdivision plat(s) and engineering drawings shall
show all easements (e.g., recreation paths, and private and
public utility easements) and clearly identify each as to size
and type.
c) the subdivision plat shall show proposed street names.
d) the area of potential archeological sensitivity shall be
shown.
e) Street "M" shall be widened to accommodate three lanes at
its intersection with Dorset Street (i.e., one westbound lane,
one eastbound left turn lane and one eastbound right turn
lane)
13. A bond for streets, sidewalks, recreation paths, sewer and
water shall be posted prior to issuance of a zoning/building
permit. The amount of the bond shall be approved by the City
Engineer.
14. No zoning/building permit will be issued for a lot until the
street serving that lot has a gravel sub -base installed in
conformance with City specifications.
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15. The planning Commission approves a total sewer allocation of
124,729 gpd for this development. The length of time that this
sewer allocation approval shall remain in effect shall be tied to
roadway construction. The roadways serving this development shall
be completed within eight (8) years of Act 250 approval. The sewer
allocation for any lots or multi -family buildings served by
roadways which are not completed within this eight (8) year time
limit shall be lost unless reapproved by the Planning Commission.
16. The applicant shall obtain approval from the City Council for
the City to pay the extra cost of over sizing the sewer facilities
or enter into a reimbursement agreement. If the Council does not
approve paying the extra cost or a reimbursement agreement, the
applicant shall install the sewage facilities as proposed and fund
the entire cost.
17. The applicant or homeowner's association shall be responsible
for cutting the grass (i.e., haying) on both the east side of
Dorset Street and on the west side of Dorset Street east of streets
"A" and "C" at least once a year in order to maintain the open
space and scenic quality of this area of the City. If the
homeowner's association is to be responsible for meeting this
requirement, such requirement shall be included in the association
"bylaws". A "Notice of Condition" addressing this condition shall
be recorded in the land records prior to recording the final plat
plans.
18. No building permits shall be issued for lots or multi -family
buildings until the applicant submits to the City a letter from the
Department of Historic Preservation which states that the
development will not adversely impact historic or archaeologic
resources.
19. The setbacks for the single-family
requirements of Section 18.00 and 18.101
(i.e., 20 foot front yard, 10 foot side
and 50 feet from the 80 foot r.o.w.).
abutting a street or a r.o.w. designated
be 20 feet, except those abutting the 80
the setback shall be 50 feet.
lots shall conform to the
of the zoning regulations
yard, 30 foot rear yard,
Any side or year yard
for a future street shall
foot r.o.w. in which case
20. The homeowner association "bylaws" shall include a provision
which prohibits the conversion of garage space to any other use.
21. As provided in Section 605 of the subdivision regulations, if
no action is taken to construct substantially the proposed
subdivision within three years, said approval shall become null and
void.
22. The retention ponds shall be maintained by the homeowner's
association. The legal documents for the Association shall state
this responsibility. The legal documents shall be approved by the