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Home My WebLink AboutSD-01-19 - Decision - 0102 Ethan Allen Drive#SD-01-19 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application #SD-01-19 of White Rock Development, LLC. to amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive. On the Ist of May, 2001, the South Burlington Development Review Board approved the final plat application of White Rock Development, LLC. under Section 204 of the South. Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30. 2. The owner of record is White Rock Development, LLC. 3. This property is located within the Residential Four District, the Conservation & Open Space District, and the Floodplain Overlay District. The property is bounded on the south by single family dwellings, on the west and north by agricultural land, and on the east by the Winooski River. 4. Lot size/Frontage: The proposed lots meet the minimum frontage requirement of 80 feet as well as the minimum lot size requirement of 9,500 sq. ft. 5. Densi : The maximum density for the 14.68 acre property is 58 units, and 30 units are being proposed. 6. Proposed City Street: The applicant has proposed extending Country Club Drive and introducing a new city street to be named Dairy Lane. E911 property addresses are depicted on the plans. The extension and the new street will be constructed to city standards for public streets. 7. School Impact: No additional correspondence is needed from the School District due to the reduction in the number of lots. 8. Street Lights: The applicant proposed six (6) GMP 70 watt high pressure sodium type streetlights on 20 foot poles. 9. Utilities: The applicant submitted utility details that have been reviewed by the City Engineer. 10. Conservation/Open Space District: The plans illustrate that some filling will occur within the Conservation/Open Space District. The applicant proposed decreasing the level of disturbance from the previous approval and therefore staff did not have a problem with the disturbance. 11. Floodplain: The plans illustrate that some filling will occur within Floodplain Overlay District. The applicant submitted correspondence indicating that this filling will not increase the likelihood of flooding and have less of an impact than the previously approved plans. 12. Access: Access is proposed via an extension of Country Club Drive. 13. Traffic: The 1988 approval of the 36 lot subdivision required the applicant comply with the findings of a March 15, 1988 Fitzpatrick -Llewellyn traffic report by contributing $3,267 ($3,920/36 lots x 30 proposed lots) in road impact fees. This condition of the 1988 approval will still be applicable. No additional traffic will be produced as the applicant proposed to reduce the number of lots. 14. Landscaping: The proposed trees consists of Honey Locust, Hedge Maple, Kentucky Coffee Tree, and Hackerberry valued at $25,800. Staff recommended that the plans be revised to note that the minimum size for street trees shall be 2 1/2". The applicant also proposed $19,521 worth of landscaping in the form of Canada Hemlock, Red Maple, and White Pine along the river. The applicant should expect to bond for the landscaping. 15. Sewer: The applicant requested reducing the sewer allocation from 1.6,200 g.p.d. to 14,627 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. 16.Impact Fees: The road impact fee will be $3,267. The school impact fee will not apply to permits issued before 1/9/05. The recreation impact fee will be $200 per lot. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-01-19 of White Rock Development, LLC. to amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive, as depicted on an eight (8) page set of plans, page one (1) entitled, "White Rock Country Club Estates South Burlington, VT," prepared by O'Leary -Burke Civil Associates, dated 3/22/01 with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plans shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Four (4) copies of the approved revised plat plans shall be submitted to the Director prior to recording. a) The landscaping plan shall be revised to illustrate the proposed Paper Birch trees substituted with River Birch Trees. b) The applicant shall work with the City Arborist to determine the best evergreen tree species along the river and the plat plans revised to reflect these changes. c) The plat plans shall be revised to include a note that each lot shall have at least two (2) trees with a minimum 2 '/2" caliper. d) The road gravel base shall be a minimum of 18 inches in thickness. 3. All new exterior lighting shall consists of downcasting and shielded fixtures. Any change to the approved lights shall require approval of the Director prior to installation. 4. The Development Review Board approves a sewer allocation of 14,627 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. This allocation shall replace the previous allocation. 5. The applicant shall post a $25,800 landscape bond for street trees and a $19,521 landscape bond for site landscaping prior to issuance of a zoning permit. The bonds shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 6. An emergency access path shall be maintained linking Country Club Drive with Country Club Drive East. 7. The applicant shall comply with the requirements of the South Burlington Water Department as outlined in a letter dated 3/7/01 from Jay Nadeau to O'Leary -Burke Civil Associates, Inc. 8. The road impact fee shall be $3,267 payable on a per lot basis of $108.90 paid prior to permit issuance for each house. 9. The recreation impact fee shall be $200 per lot. 10. Prior to issuance of zoning permit for the first lot or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the proposed public roads, and utility, sewer, drainage, water, and pedestrian path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 11. In accordance with Section 301.5 of the Subdivision Regulations, within 14 days of completion of required improvements (e. g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer. 12. The, developer/homeowners' association shall be responsible for maintenance of the retention basins. 13. Any change to the plat plans shall require approval by the South Burlington Development Review Board. 14. The final plat plans (page 1, pl 1, and p12) shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plans shall be signed by the Development Review Board 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 formal of the digital information shall require approval of the Director. Chair or Clerk South Burlington Development Review Board Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d) (exclusivity of remedy; finality). 4