HomeMy WebLinkAboutSD-94-0000 - Decision - 1001 Dorset StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT 5 v - qq -, v 0d 0
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 19,324
square feet to 57,844 square feet, 1001 Dorset Street.
On the 26th of April, 1994 the South Burlington Planning Commission
approved the request of David DuBrul for preliminary plat approval
under Section 203 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 19,324 square feet to 57,844
square feet. The Planning Commission reviewed a sketch plan of
this property on 3/29/94.
2. This property located at 1001 Dorset Street lies within the R-2
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: Lots #1 and 2 are proposed to share a curb cut on the
Indian Creek access drive, lots 3, 4 and 5 and one of the units on
lot #6 are proposed to share a curb cut on Dorset Street and lots
#6, and 7 are also proposed to have a curb cut on Dorset Street.
4. Applicant must determine whether a legal agreement is necessary
to provide access for lots #1 and #2 from Indian Creek Drive.
Applicant should either submit documentation that an agreement is
not necessary or submit a copy of the agreement for review by the
City Attorney.
5. The Indian Creek Condominium Association has recently voted to
not allow the applicant's property access to Indian Creek Drive.
The Indian Creek approval required that they give a r.o.w. to the
Myers property along their access drive. Staff consulted with the
City Attorney and recommends that the approval includes a condition
prohibiting the issuance of a zoning/building permit for lots #1
and 2 until such time as the access issue is resolved.
6. Lot size/frontage: The minimum lot size in this district for
single family homes is 19,000 square feet with 100 feet of
frontage. These requirements are being met.
7. Density: The maximum density allowed is 10 units. Six (6) of
the lots are proposed to be developed with single family dwellings.
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The existing dwelling on lot #6 will be converted to a two-family
dwelling.
8. Building envelopes: The applicant has chosen to show building
footprints instead of building envelopes. The building footprints
meet all the setback requirements except for lot #2 which shows the
house being only 40 feet from the planned Dorset Street r.o.w.
instead of the 50 foot requirement. The garage proposed for lot #6
does not meet the front yard setback but the applicant received a
variance from the Zoning Board of Adjustment on 4/11/94.
9. Sidewalk: A sidewalk along the west side of Dorset Street
frontage is shown on the plan. This was a recommendation of the
Public Works Superintendent.
10. Wetland: This site contains a class III wetland which is
shown on the plan with buffer strips. No construction, fill,
removal of vegetation or mowing of grass should be allowed within
the wetland or buffer strip.
11. The applicant should 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.
12. Lot trees: The landscape plan shows a total of 16 trees to
meet the two (2) tree per lot requirement. The trees along Dorset
Street will be staggered along both sides of the proposed sidewalk.
These trees have an estimated value of $4,225.
13. Private Roadway: Section 2.022 of the Public/Private Roadway
Policy requires that "all private roadways shall be a minimum width
of 30 feet with parking and 24 feet without parking". The plan
shows a 24 foot driveway width which is adequate.
14. Sewer: Sewer allocation needed for this project is 3500 gpd.
The per gallon fee will be required to be paid prior to issuance of
zoning/building permit.
15. Other:
--- survey plat should show metes and bounds for the shared
driveways.
--- sheet C-1 should indicate that the front setback is measured
from the planned r.o.w.
--- applicant is reserving a 17 foot strip along Dorset Street for
dedication to the City for widening of the street. This is
shown on the plat.
--- the applicant should submit a copy of a "Notice of Condition"
which allows the City access across lots #5,6 and 7 to access
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sewer manholes 1 and 2 for review and approval by the City
Attorney.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary plat application of David
DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging
in size from 19,324 square feet to 57,844 square feet, 1001 Dorset
Street as depicted on a nine (9) page set of plans, page 1 entitled
"Myers" Estate 7 Lot Residential Subdivision, 1001 Dorset Street,
South Burlington, Vermont", prepared by Champlain Consulting
Engineers, dated March 25, 1994, last revised April 6, 1994, with
the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Prior to issuance of any zoning/building permits, the applicant
shall post a $4,225 landscape bond to cover the installation cost
and value of all proposed landscaping. The bond 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 and sidewalk 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/building permit for lots
1-5 and 7.
4. A bond for the sidewalk and sewer line shall be posted prior to
issuance of a zoning/building permit. The amount of the bond shall
be approved by the City Engineer.
5. The recreation fee shall be paid prior to the issuance of
zoning/building permit on a lot by lot basis. The fee to be paid
shall be the fee in effect at the time of permit application.
6. The Planning Commission approves a total sewer allocation of
3500 gpd. The per gallon sewer fee, shall be paid prior to
issuance of a zoning/building permit on a per bedroom basis.
7. In accordance with Section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
(e.g., sanitary sewers), the developer shall submit to the City
Engineer "as -built" construction drawings certified by a registered
engineer.
8. Prior to final plat submittal, the subdivision plat shall be
revised to show the following:
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a) metes and bounds for the shared driveways/r.o.w.'s.
9. Prior to final plat submittal, the engineering plan (sheet C-1)
shall be revised to show the following:
a) the sewer service for lot #1 connected to M.H. #3 and the
sewer service for lot #5 connected to M.H. #2.
b) a note added to indicate that the front yard setback along
Dorset Street is measured from the edge of the planned r.o.w.
c) the house on lot #2 relocated to meet the required setback
from Dorset Street.
10. 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.
11. The applicant shall submit a "Notice of Conditions" for review
and approval by the City Attorney which will require the deeds to
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.
12. The proposed sidewalk shall be five (5) inch thick concrete
and eight inch thick across driveways without reinforcement. This
sidewalk shall be constructed prior to occupancy of the first new
single family dwelling.
13. No zoning/building permit for land development shall be issued
for lots #1 and 2 until such time as the access issue to Indian
Creek Drive from these lots is resolved as determined by the City
Planner.
14. The final plat plans shall be submitted within 12 months or
this approval is null and void.
Chairman or-tkeri ---
South Burlington Planning Commission
mate
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