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HomeMy WebLinkAboutSD-01-10 - Decision - 0102 Ethan Allen Drive#SD-01-10 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary plat application #SD-0I-10 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 20th of March, 2001, the South Burlington Development Review Board approved the preliminary plat application of White Rock Development, LLC. under Section 203 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/Frontne: 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 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 has 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 does 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 is proposing to reduce the number of lots. 14. Landscaping_ The plans currently illustrate street trees located outside of the public r.o.w. The applicant agreed to move these trees to within the r.o.w. 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 note that there will be at least two (2) trees per lot. 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 16,200 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 preliminary plat application #SD-01-10 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 2/21/01 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 prior to final plat submittal as follows: a) The plans shall be revised to relocate the street trees to within the public right-of- way. b) The plans shall be revised to illustrate an additional ten (10) feet in no.w. width for access to the sewer pump station so that pump cleaning equipment can access it for cleaning and flushing. A curb cut shall also be provided for access. 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 plat plans shall be revised to locate the fire hydrants in a location acceptable to the Fire Chief. e) The plat plans shall be revised to show an easement outside the public r.o.w. for power, telephone and cable television. 3. An eight (8) foot wide, paved recreation path shall be provided connecting Country Club Drive with Country Club Drive East with ramped approach from street level as per the Recreation Path Committee memo dated March 15, 2001. 4. 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. 5, 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 all previous allocation. 6. 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. 7. An emergency connection shall be maintained linking the Country Club Drive with Country Club Drive East. 8. 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. 9. 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. 10. The recreation impact fee shall be $200 per lot. 13. 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. 14. Prior to start of construction of the improvements described in condition # 13 above, the applicant shall post a bond which covers the cost of said improvements. 15. 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 registered engineer. 16. The developer/homeowners' association shall be responsible for maintenance of the retention basins. 17. The final plat application shall be submitted within twelve (12) months. 3 Chair or Clerk Date South Burlington Development Review Board 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. Ifyou 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).