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HomeMy WebLinkAboutSP-93-0001 - Decision - 1975 Dorset StreetFINDINGS OF FACT & DECISION SST / 97s C�a,�sf i STATE OF VERMONT COUNTY OF CHITTENDEN _ 3_poo 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 30th of March, 1993 South Burlington Planning Commission approved the request of MBL Associates for preliminary plat approval under Section 203 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. 2. The latest review of this project by the Planning Commission was on 12/8/92 for sketch plan when this project was combined with the Nowland II project. This project is located at the south end of Dorset Street in the Southeast Quadrant District adjoining the Shelburne Town line. 3. 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. 4. 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 should be used to provide emergency access in the event the main access is blocked. The applicant at the 6/16/92 meeting indicated that the existing farm access road would be used for emergency access and to serve as the required second access for a development of 50 units or more but this second access is not shown on the plan. The applicant is requesting a modification to the zoning regulations to allow the temporary emergency access to be via a recreation path easement. 1 5. Staff recommended that the existing farm road be used for emergency access and that a connection to street "C" be constructed. This access road would then have to be maintained year-round until Allen Road is extended. 6. The plan shows a 60 foot wide strip of land between lots 17 and 79 to provide a future connection with the Lang property to the north. 7. 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. 8. Nonbuildable area: The applicant has 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. 9. 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 95-105 and 124 and 125). 10. 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 has submitted comments addressing these criteria. 11. Wetlands: A wetland delineation study was performed by Natural Resource Consulting Services. The Natural Resources Committee reviewed these plans at the 3/9/93 meeting. The plans submitted show only a portion of the wetlands on the site. To adequately evaluate the impact of this development on wetlands all the wetlands on the site should be delineated. Portions of lots 154-157 and 85-87 are within wetland areas. These lots should be relocated outside of wetland areas. 12. 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 2 modification to the zoning regulations to allow 65'x120' lots or 7,800 square feet (.18 acres) with a minimum frontage of 65 feet. The plan shows many lots with less than 65 feet of frontage i.e. lot 86 has only 52 feet of frontage. Also lots are shown which are less than 7,800 square feet, the smallest is 7,200 square feet. 13. Traffic: A traffic impact analysis was prepared by the applicant. The report projects that at full build -out, which is estimated to be in 1997, this project will generate 205 vehicle trip ends during the P.M. peak hour. 14. Intersection capacity analyses were performed for the following intersections: proposed Dorset Street/Project Access, Dorset Street/Swift Street and Dorset Street/Barstow Road. The 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. 15. 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. 16. Recreation Path/Pedestrian Trail: The plans incorporate some paths/trails but not exactly as recommended by the Recreation Path Committee. Plans should incorporate their recommendations. A 20 foot wide easement should be provided for all paths/trails which are not located within a public street r.o.w. 17. Sewer: Municipal sewer system will serve this development via a 4 inch force main to Kennedy Drive. The sewer allocation being requested is 115,800 gpd plus 4,550 gpd for infiltration for a total of 120,350 gpd. 18. 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. 19. Phasing: Project should be broken down into phases and so indicated on the plan. Each phase should be identified in terms of lots to be developed, roads and utilities including lengths, multi- family buildings and landscaping. 3 20. Landscaping: The landscape plan does not include two (2) trees for each lot as required under Section 19.104a of the zoning regulations. The landscape plan does not show buffer plantings along street"C" similar to the plantings along street "A". These plantings are needed to screen the project from the Dorset Street corridor. Plantings for the multi -family units are short of the minimum requirement, more plantings are needed. The landscape plan is not broken down into the following categories: street trees, multi -family landscaping, trees for house lots, and other (i.e., buffer plantings along east side of streets "A" and "C"). 21. 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. 22. Open Space: Applicant or Homeowners Associations should cut grass within open space/scenic corridor (i.e., along both sides of Dorset Street and around farm buildings) at last once a year to maintain open space. 23. Recreation unit recreation given for the recreation path The applicant will be required to pay the per fee at the time of permit. A credit should be construction of the portion of the proposed located outside of any public street r.o.w. 24. School impact: A school impact fee ordinance has not yet been adopted. The school district is currently working to complete such an ordinance. The school district should be given a reasonable period of time to complete development of the impact fee ordinance and present the ordinance to the City Council for adoption. 25. 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. 26. Parking: The applicant is requesting a modification to the zoning regulations to exempt compliance with the parking requirement which requires one (1) guest parking space for each four (4) units of multi -family housing. This would result in 16 fewer spaces. Applicant should make provisions for parking and storage of recreational vehicles as required under Section 19.253c. 27. Other: --- contour lines should be shown for lots 79 and 80-86. --- the plan should show the limits of all wooded areas on the property. n --- all proposed streets should be named. --- common property boundary between applicant's property and Dick Ward's property not accurately shown. An accurate up-to-date property boundary survey must be submitted. --- indicate proposed use of existing barn. --- watercourses are not shown on the 1"-40' scale plans with the corresponding C.O. zones. --- exterior lighting details for the multi -family buildings should be provided. --- pump station details on page 25 indicate that 80 multi -family units are proposed, application is only for 60 units. --- the 4.51 acre George O'Brien lot should be shown as part of this development. --- roadway details on page 26 refer to "Deerfield Drive" at several locations, this name can not be used as it is already used for another street in the City. --- under the legend on all the sheets, the "setback" symbol should be for C.O. zone limits. The C.O. zone limit is not a setback. --- no filling should take place in the C.O. zone to accommodate Building F. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the Preliminary 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 36 page set of plans, page one entitled "Southeast Summit, South Burlington, Vermont", prepared by Fitzpatrick -Llewellyn, Inc. and stamped "received" 1/29/93, 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 95-105 and 124 and 125. 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 Allen Road extension roadway (i.e., 80 foot r.o.w.). 5 3. The applicant shall be responsible for the following traffic impact mitigation improvements: a. Add southbound right turn deceleration lane at project access. This deceleration lane shall be shown on the final plat plan. b. Applicant shall install signal at intersection of Swift Street and Dorset Street. 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. 4. The plans shall be revised prior to final plat submittal to show proposed recreation paths as recommended by the South Burlington Recreation Path Committee. A twenty (20) foot wide easement shall be provided for all recreation paths which are not located within a public street r.o.w. 5. The Planning Commission approves a credit for construction of the portion of the proposed recreation path located outside of any public street right-of-way. This credit may be applied toward required recreation fees. The exact amount of credit to be applied toward recreation fees shall be determined at final plat. 6. The landscape plan shall be revised prior to final plat to address the following: a) 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. The landscape plan shall include a "typical" or note addressing this requirement. A "Notice of Condition" addressing this requirement shall be recorded in the South Burlington land records prior to recording the final plat plans. b) plan shall show buffer plantings along east side of street "C" similar to that shown along street "A". c) all symbols shown on the plan and in the landscape schedule shall be consistent. d) plan shall show additional landscaping along the east side of the multi -family units to better screen the units from Dorset Street. e) the landscape schedule shall be broken down into the following categories: street trees, multi -family landscaping, trees for house lots, and other (i.e., buffer plantings along the east side of streets "A" and VICII) . 0 7. Prior to issuance of any zoning/building permits, the applicant shall post a landscape bond to cover the installation cost and value of all proposed landscaping. The bond shall remain if effect for three (3) years to assure that the planted landscaping has taken root and has a good chance of surviving. The amount of the bond shall be determined at final plat. 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. 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 purposes and shall be shown on the final plat 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. 11. Prior to final plat submittal, the applicant shall provide a phasing schedule for the development. 12. Prior to final plat submittal, the plans shall be revised to show the following: a) the limits of all wetlands on the west side of Dorset Street. Further, the plan shall be revised to show units and lots moved out of the wetlands. b) all parking spaces for the multi -family units as required in the zoning regulations, including an area for recreational vehicles. c) contour lines for lots 79 and 80-86. d) limits of all existing wooded areas on the site. e) names of all proposed streets. f) an accurate boundary survey of involved land and proposed 7 survey plat of the subdivision. g) all watercourses and corresponding C.O. zones on the 1"=40' scale plans. h) exterior lighting details for the multi -family buildings must be provided. i) the area of potential archeological sensitivity shall be shown. j ) plans shall show the 4.51 acre George O'Brien lot as part of this development. k) legends should properly identify the boundary of the CO zone as such and not as a "setback". 1) no filling in the CO zone near building "F". m) fire hydrants in locations approved by the Fire Chief. n) a mail box turn -out on street "M". 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. o) a separate easement for power and telephone lines outside of the street r.o.w. p) easements for all drainage lines from City streets that cross lots and vacant land. q) the sanitary sewer system shall be revised so that the pump station for the development is located on the east side of Dorset Street as recommended by City Engineer, Bill Szymanski, in his memo dated 3/8/93. r. 161 single family lots and 60 multi -family units, as described by the applicant and shown on a plan dated 3/30/93. 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. C 15. The planning Commission approves a total sewer allocation of 120,350 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 Final Plat 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. No zoning/building permit will be issued for construction of any dwelling unit within this development until after the City adopts an education impact fee ordinance or September 1, 1993, whichever first occurs. This condition is being imposed to provide the school district a reasonable period of time to complete development of an impact fee ordinance and present the ordinance to the South Burlington City Council for adoption. 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 dwellings until the applicant submits to the City a letter from the Department of Historic Preservation which states that the development will not negatively impact historic or archaeologic resources. 19. The setbacks for the single family lots shall conform to the requirements of Section 18.00, 18.101 and 18.102 of the South Burlington Zoning Regulations. 20. Homeowner's association "bylaws" shall also include a requirement not to convert garage space to any other use. 21. The final plat plans, including survey plat, shall be submitted within 12 months or this approval is null and void. &ZI&, . -1k , , , - Chairman orClerk' South Burlington Planning Commission Date 0