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Home My WebLink AboutSD-96-0000 - Decision - 1001 Dorset StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of David DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, 1001 Dorset Street. On the 11th day of June, 1996, the South Burlington Planning Commission approved the request of David DuBrul for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of subdividing a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet. The preliminary plat for this subdivision was approved on 6/13/95. The preliminary plat included a request to convert a two (2) family dwelling to a three (3) unit multi -family dwelling on lot #6. This request has been withdrawn. 2. This property located at 1001 Dorset Street lies within the R2 District. It is bounded on the north by the Indian Creek entrance drive and a single family home, on the west by Ridgewood Estates and Indian Creek, on the south by a synagogue, and on the east by Dorset Street. 3. Access: Access to lot #1 and 2 will be via a 24 foot curb cut on the Indian Creek access Drive. Access to lots #3, 4, 5 and one (1) dwelling unit on lot #6 will be via a 24 foot curb cut on Dorset Street. Access to lots #6 and 7 will be via a 24 foot curb cut on Dorset Street. Applicant does not currently have access to lots #1 and 2 across Indian Creek Drive and can not develop these lots until the access issue to these lots is resolved as determined by the City Planner ( condition #11 of the 6/13/95 preliminary plat approval). Indian Creek should grant a r.o.w. easement for lots #1and 2. 4. Lot size/frontage: The minimum lot size in this district for single family homes is 19,000 square feet with 100 feet of frontage. The minimum lot size for a two family dwelling is 22,000 square feet which is met by lots #4, 5, 6 and 7. The minimum frontage requirement of 100 feet is being met. 5. Density: The maximum density allowed is 10 units based upon an earlier determination by the Planning Commission. Six (6) of the lots are proposed to be developed with single family dwellings and one (1) with a duplex. 6. Sidewalk: The construction of a sidewalk was a requirement of the preliminary plat approval (condition #14 of the 6/13/95 preliminary plat approval). Both the applicant and Public Works Director recommended that the applicant pay a sidewalk fee to the City ($15 per foot of frontage) and the City will build the sidewalk. The City is currently building the sidewalk. 1 7. Wetland: This site contains a class III wetland which is shown on the plan with buffer strips. This wetland is not shown on the official wetlands map and is therefore not considered a protected wetland under the C . 0. District. However, the Planning Commission does have authority to regulate wetlands under Section 417(g) of the subdivision regulations. No construction, fill, removal of vegetation or mowing of grass should be allowed within the wetland or buffer strip. The final plat shows the limits of the C . 0. District for the minor stream as required by the preliminary plat approval. All structures must be kept out of this area. 8. The applicant as part of the 6/13/95 preliminary plat approval was required to submit a "Notice of Condition" for review by the City Attorney which will require the deeds for lots #1 and #3 -7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland and buffer strip. This "Notice of Condition" shall be recorded prior to recording the final plat. 9. Sewer: The sewer allocation requested is 4895 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 10. Landscaping: The applicant is proposing 19 Maple trees along the property's frontage with an estimated value of $6600. 11. Legal documents: In addition to the "Notice of Condition", the applicant shall submit for review and approval by the City Attorney the legal documents for the widening of the Dorset Street r.o.w. (i.e., irrevocable offer of dedication) and easements (e. g. , utility easement and sidewalk easement) . 12. Impact fees: The applicant was made aware that this development will be subject to road, school and recreation impact fees as required by the South Burlington Impact Fee Ordinance. 13. Other: --- the subdivision plat and sheet C-1 should reflect the existing buildings on lot #6. These plans depict differences and they should be alike. --- it appears that a lot of fill was placed on the property since preliminary plat approval. It also appears that some of this fill was placed in the wetland buffer. This fill must be removed from the wetland. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of David DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging in size from 19,002 square feet to 69,630 square feet, 1001 Dorset Street, as depicted on an eight (8) page set of plans, page two (2) entitled, "Final Plat Seven Lot Subdivision, Old Dorset, Owned by: David DuBrul, 1001 Dorset Street, So. Burlington, Vermont," prepared by Vermont Land Surveyors, dated August 5, 1990, last revised 5/21/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. K 2. Prior to issuance of any zoning permit, the applicant shall post a $6,600 landscape bond to cover the installation cost and value of all subdivision related landscaping. The bonds shall remain in effect for three (3) years to assure that the planted landscaping has taken root and has a good chance of surviving. 3. Legal documents for the widening of Dorset Street (i.e., irrevocable offer of dedication) and easements (e.g., utility easement) shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to issuance of a zoning permit for lots 1-5 and 7. 4. A bond for the sewer line shall be posted prior to issuance of a zoning permit. The amount of the bond shall be approved by the City Engineer. 5. The Planning Commission approves a total sewer allocation of a 4895 gpd. The per gallon sewer fee, shall be paid prior to issuance of a zoning permit on a per bedroom basis. 6. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (i. e. , sanitary sewers), the developer shall submit to the City Engineer "as built" construction drawings certified by a registered engineer. 7. There shall be no construction, fill, removal of vegetation or mowing of grass within the wetland area or buffer strip as shown on the approved plat with the exception of constructing and maintaining the sewer line as shown on the approved plat. 8. The applicant shall submit a "Notice of Conditions" for review and approval by the City Attorney which will require the deeds for lots #1 and lots #3 - 7 to contain a provision prohibiting any construction, fill, removal of vegetation or mowing of grass within the wetland area and buffer strip. This document shall also require that the deeds for lots #5, 6 and 7 allow the City access over them to access manholes 1 and 2 for maintenance. 9. No zoning permit for land development shall be issued for lots #1 and 2 until such time as an access easement is granted to the applicant for use of Indian Creek Drive to access lots #1 and #2. 10. Drainage pipe shall be plastic or concrete not metal. 11. Manholes shall be installed on a base of crushed stone. 12. As expressly represented by the applicant, the applicant shall fulfill the obligation to construct a sidewalk along the Dorset Street frontage pursuant to Sections 301 and 401.1(1) of the South Burlington Subdivision Regulations by paying to the City the sum of $11,160 ($15 per foot of frontage) on or before one year from date of final plat approval which funds shall be used by the City to construct sidewalk improvements along Dorset Street within one year of receipt of the funds. If City fails to construct such sidewalk improvements within one year, the funds shall be returned to the then property owners. 13. No more than ten (10) units can be developed in total on these seven (7) lots. 3 14. Any change to the plans shall require approval by the South Burlington Planning Commission. 15. 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 or Clerk prior to recording. hairman r C erk South Burlington Planning Commission 7 /� A Date 4