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HomeMy WebLinkAboutSD-17-28 - Decision - 0182 Golf Course Road#SD-17-28 Findings of Fact and Decision CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JAM GOLF, LLC GOLF COURSE ROAD/LONG DRIVE SUBDIVISION FINAL PLAT APPLICATION #SD-17-28 FINDINGS OF FACT AND DECISION Final plat application #SD-17-28 of JAM Golf, LLC to subdivide a 47.99 acre parcel developed with a golf course into eleven (11) lots ranging in size from 0.37 acres to 45.03 acres, Golf Course Road (the "Project"). The Development Review Board held a public hearing on November 21, December 5, December 19, 2017 and January 2, 2018. The applicant was represented by David Marshall of Civil Engineering Associates and Mike Lawrence of Michael Lawrence Assoc. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The project consists of subdividing a 47.99 acre parcel into eleven lots, Golf Course Road. 2. The owner of record of the subject property is JAM Golf, LLC. 3. The application was deemed complete as of October 19, 2017. 4. The subject property is located in the Southeast Quadrant — Natural Resources Protection zoning district. 5. The plan submitted consists of a twenty two (22) page set of plans. The first sheet is entitled "Overall Plan Long Drive Subdivision JAM Golf, LLC South Burlington, Vermont" prepared by Civil Engineering Associates, dated December 15, 2017. This plan set includes the following sheets. P-1 OVERALL PLAN LONG DRIVE SUBDIVISION P-2 SUBDIVISION PLAN LONG DRIVE SUBDIVISION P-3 EASEMENT PLAN LONG DRIVE SUBDIVISION 0-1 LANDSCAPE PLAN - STREET TREES WEST C-1 GRADING & DRAINAGE PLAN C-2 SITE UTILITY PLAN C-3 EROSION CONTROL PLAN C-4 STREET & UTILITY PROFILES C-5 SITE SECTIONS & DETAILS C-5.1 SITE DETAILS C-6 UTILITY SECTIONS & DETAILS C-7 EROSION CONTROL DETAILS & SPECIFICATIONS C-8 SPECIFICATIONS C-9 SPECIFICATIONS L-1 OVERALL SITE PLAN OF CANOPIES L-2 OVER SITE PLAN 1" = 30' SD-17-28 Findings of Fact and Decision L-3 TREE PLAN LOTS 1, 2 & 3 L-4 TREE PLAN LOTS 4, 5 & 6 L-5 TREE PLAN LOTS 7 & 8 L-6 TREE PLAN LOTS 9 & 10 L-7 LANDSCAPING DETAILS L-8 OVERALL SITE PLAN SCALE 1" = 20' 6. The Environmental Court granted preliminary plat approval for the subdivision by V.R.C.P. 58 Judgment Order entered on September 11, 2009 in Docket No. 69-3-02 Vtec ("Preliminary Approval"). 7. This final plat application falls under the category of further proceedings, and is subject to the same subdivision and zoning regulations as the preliminary plat application, namely the City of South Burlington Subdivision Regulations with amendments through January 4, 1999 and the South Burlington Zoning Regulations with amendments through April 16, 2001. 1. APPLICABLE STANDARDS Note: The standards applicable to the Project were written around the time that the DRB came into existence. Accordingly, some references to Planning Commission review still exist in the applicable standards. Legal counsel advised that with the advent of the DRB, review for compliance with these standards is the responsibility of the DRB regardless of which Appropriate Municipal Panel was referenced in the standards. a) Will not result in undue water or air pollution. In making this determination the Planning Commission shall at least consider (1) the availability and capacity of municipal sewer facilities or the nature of soils and subsoils and their ability to support waste disposal adequately, (2) the elevation of land above sea level and in relation to the floodplains, (3) protection of ground and surface waters, and (4) all applicable regulations of the health department and other State agencies. The applicant is proposing three (3) sanitary sewer pump stations, one of which was not approved in the preliminary plat application and one which is relocated. It was unclear from the originally submitted plans whether the applicant was proposing for the new and relocated pump stations to be public or privately owned. The Public Works Director reviewed the plans on November 15, 2017 and requests the following. 1. If the pump stations are to remain private, the plans be revised to show the proposed access to each of the pump stations. 2. If the pump stations are to become public, a. Revise the plans to include a 20 foot unencumbered easement with a curb drop down at the street. Access needs to have structural support far the City's vactor truck live and dead loads. b. Revise the plans to include A way to turn around the vactor truck at the pump station location c. Provide sufficient information to review the design of the pump station The applicant opted to retain the pump stations as private and has revised the plans to show the proposed access to each of the pump stations. The Board finds this criterion met. b) Will have sufficient water available for the reasonable foreseeable needs of the development. No changes affecting the Project's conformance with this criterion have been made since Preliminary Approval. The Board finds this criterion to be met. southburfington PEANNING & ZONING 2of8 SD-17-28 Findings of Fact and Decision c) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. No changes affecting the Project's conformance with this criterion have been made since Preliminary Approval. The Board finds this criterion to be met. d) Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. No changes affecting the Project's conformance with this criterion have been made since Preliminary Approval. The Board finds this criterion to be met. e) Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities No changes affecting the Project's conformance with this criterion have been made since Preliminary Approval. The Board finds this criterion to be met. f) Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities The applicant is proposing to connect to the existing 8-inch water line in Golf Course Road. Prior to submitting the preliminary plat application, the applicant coordinated with the South Burlington Water Department to discuss the layout of the water line. At that time (June 2001), the Water Department noted that they would like to see the water line looped. The applicant has adjusted the final plat application to accommodate a future water line connection to Park Road. The Public Works Director reviewed the plans on 11/15/2017 and offered the following comments. 1. The Long Drive Subdivision (10 units) can be built and served by a single water line coming off Golf Course Road. 2. When the Lot 108 Area (18 units) is built the water line from the Long Drive Subdivision must be connected into the Lot 108 Area's water lines that will connect back up to Park Road. 3. When the Park Road Area (15 units) and Wheeler Parcel (32 units) are developed the existing water line that circles Park Road and Golf Course Road must be extended west to connect to these projects and/or the Dorset Street water line. 4. Completing the above will allow this entire area to be fully looped to ensure the highest water quality is available to all the properties and to create the standard redundancy that we have built throughout the city in our water infrastructure to ensure reliable, uninterrupted service. The Board finds that the Director of Public Works' recommendations shall be included as conditions of approval. g) [invalidated by courts] h) Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with surrounding developed properties and site characteristics, and will protect rare and irreplaceable natural areas and historic sites This criterion was the subject of Environmental and Supreme Court appeals. In deference to the sensitivity of this criterion, the submitted plans provide extensive landscaping detail. The Board notes that the landscaping plans south urlin ton PIANNING R 2UNtNG 3of8 SD-17-28 Findings of Fact and Decision show an outdated layout for the terminal end of Short Drive and for some of the driveway configurations and thus the proposed effect cannot be evaluated. The Board further notes that some trees within the proposed building footprints appear to be hatched with the shading identified in the legend as "Existing Tree to be Saved." Though the Board appreciates that it appears the applicant is minimizing removal of existing trees, a clear landscape plan is necessary to facilitate future inspections in compliance with Preliminary Approval condition #3a. i) [invalidated by courts] j) Will provide efficient layout and high -quality installation, construction, and maintenance of streets and public facilities and will conform with the City's street and utilities plan. See discussion under criteria a) and f) above as they pertain to conformance with the City's utility plans. k) Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. As discussed under criterion (f) above, the Applicant has proposed a stub to allow for future water line connection. No other changes affecting the Project's conformance with this criterion have been made since Preliminary Approval. The Board finds this criterion to be met. 1) [invalidated by courts] DECISION Motion by Matt Cota, seconded by John Wilking, to approve Final Plat Application #SD-17-28 of JAM Golf, LLC, subject to the following stipulations: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This Project must be completed as shown on the plans submitted by the applicant, revised as required by this Decision, and on file in the South Burlington Department of Planning and Zoning. 3. Before the final plat plans are submitted for recording, the plans must be both revised to show the changes listed below and approved by the Administrative Officer. Three (3) copies and one electronic copy of the complete approved revised plan set must be submitted to the Administrative Officer prior to recording the final plat plan. a. Update all sheets to reflect the single street name of Long Drive b. Update all landscape plan sheets to reflect approved building and roadway layouts c. Update landscape plan sheet L-1 to show shading and a legend item for "Area of Existing Trees and Shrubs to Remain Undisturbed" d. Update landscape plan sheet L-2 to: i. Show a line around the entire area subject to the "Tree Preservation Plan for Vermont National Country Club, 10 lot Subdivision in South Burlington, VT" dated May 13, 2003, prepared by Warren Spinner ii. Remove from the Plant List any trees no longer proposed iii. Show existing trees to remain within the entire area subject to the Tree Preservation Plan, including those outside the individual home lots iv. Provide a legend for all symbology PLANNING & ZONING 4of8 SD-17-28 Findings of Fact and Decision v. As necessary for clarity and subject to the approval of the Administrative Officer, use colored shading to define three areas or types of trees: trees to be removed, existing trees to remain, and proposed trees to be planted Update landscape plan sheets L-1, L-3, L-4, L-5, L-6 and L-8 to reflect the currently proposed plantings 4. The following waivers of the standards of the South Burlington Zoning and/or Subdivision Regulations are granted: a. The reduction of the frontage for proposed lot 3 to 42.5 feet. b. The reduction of the width of the private road serving proposed lots 4, 5 and 6 to 18 feet, plus 2 feet of mountable curb on each side of the private road. c. The reduction of the width of the public road to 24 feet and the width of the first 200 feet of the public road to 20 feet. d. The reduction of the length of the sidewalk along the public road extending from Golf Course Road to the driveway for proposed Lot 2. 5. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 6. Pursuant to Section 407 of the Subdivision Regulations, any new utility lines, services, and service modifications must be underground. 7. The Project must adhere to standards for erosion control as set forth in Section 412 of the South Burlington Subdivision Regulations. In addition, the Project grading plan must meet the standards set forth in Section 413 of the South Burlington Subdivision Regulations. 8. Any changes to the final plat plans shall require approval by the South Burlington Development Review Board. 9. The final plat plans (P-1 Overall Plan Long Drive Subdivision, P-2 Subdivision Plan Long Drive Subdivision and P-3 Easement Plan Long Drive Subdivision) shall be recorded in the land records within 180 days or this approval is null and void. The plans must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital format. The format of the digital information requires approval by the South Burlington GIS Coordinator. 10. The mylars must be recorded before the Administrative Officer may issue any zoning permits for the Project. 11. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, and water, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 12. Prior to start of improvements described in Condition #11 above, the applicant must provide an estimate of the construction cost for the Project, broken down by infrastructure costs, aggregate cost for individual parcel development, and cost of street trees. Upon the Administrative Officer's review and approval of estimated costs, the applicant must post a bond which covers the cost of said improvements plus 15% contingency, the amount of which must be approved by the City Engineer. 13. With the consent of the two abutters, the applicant shall adjust the layout of the two abutters' driveways, portions of which will be removed and replaced with the proposed Long Drive roadway, such that each driveway is compatible with the proposed roadway and is at least the quality as existed prior to construction. All costs, fees and expenses of preparing and submitting plans for, and constructing, these driveway adjustments are the sole responsibility of the applicant and not the abutters, and shall be included in the infrastructure bond described in Condition #12 above. southl ur°l i n to PLANN iG & ZONING5of8 SD-17-28 Findings of Fact and Decision 14. Prior to start of improvements described in #11 above, the applicant must post a landscaping bond with a value that is based on and complies with Section 26.105(a) of the Zoning Regulations. This landscaping bond shall remain in full effect for three (3) years to ensure that the landscaping has taken root and has a good chance of survival. 15. Before the Administrative Officer may issue the first zoning permit for the Project, the Applicant must obtain City Arborist approval for any changes to the proposed Plant List and submit a copy of the approval to the Administrative Officer. 16. The document entitled "Tree Preservation Handbook Long Drive Subdivision at Vermont National Country Club South Burlington, Vermont," dated September 9, 2010, and its attachments, are incorporated as a condition of approval. 17. The tree preservation plan referenced and described in Paragraph 2(d) of the Preliminary Approval is supplemented for the areas outside of the individual lots by the following condition: The Project is intended to remain densely wooded outside of the limits of clearing described in the Tree Preservation Handbook. Vegetation within the outer boundary as generally depicted on the detailed tree survey shown on Sheet L-2 of the landscaping plans must be managed to preserve the character of the area in accordance with best management practices, which are acknowledged to evolve over time. Trees subject to this condition shall not be removed except to meet the goal of maintaining a healthy and densely wooded area overall, as determined by a qualified consulting arborist. Trees exempt from this condition include trees with a diameter of 4-inches or less, trees listed as invasive species, trees lacking structural integrity that pose an immediate danger to a home, dead trees, and trees that are diseased in a manner that threatens their continued viability. Determination of whether a tree is subject to this condition must be made by a qualified consulting arborist in writing prior to tree removal. The applicant shall maintain records of such written determinations, which shall be available to the City upon request. Removal of trees for the health of the surrounding golf turf shall be allowed with prior Site Plan approval of the Administrative Officer after consultation with the City Arborist. Trees that grow to a diameter breast height of 4- inches after this approval shall become subject to this condition. Failure to adhere to this condition will require the applicant to replace the tree(s) removed on a caliper by caliper basis with minimum 2" caliper trees of the same genus or as recommended by the City Arborist. 18. Before the Administrative Officer may issue a zoning permit for either the first lot or utility or road construction, whichever applicant first requests, the applicant shall submit to the Administrative Officer documents for owners of the lots and dwelling units which create an association for implementation of the Tree Preservation Handbook. 19. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. 20. When the Lot 108 Area (18 dwelling units) is developed, the water line from the Project must be connected into the Lot 108 Area's water lines, that in turn will connect to Park Road. 21. When the Park Road Area (15 dwelling units) and the Wheeler Parcel (32 dwelling units) are developed, the existing water line that circles Park Road and Golf Course Road must be extended west to connect to these projects and/or the Dorset Street water line. 22. The sewer pump stations shall remain private. 23. Fire hydrants must be installed and tested before construction of the combustible portions of buildings commences pursuant to NFPA 1 Chapter 18. 5UUth,bu.r ingto4i PLANNING & ZONING 60f8 SD-17-28 Findings of Fact and Decision 24. Minimum hydrant flow shall be based on NFA- NFF formula plus a safety margin of not less than 10%. 25. All roads shall comply with Fire Department apparatus turning radii (includes mutual aid apparatus). 26. Parking of construction vehicles shall be restricted to one side of all involved roads to maintain Fire Department access during construction. 27. The Project must comply with NFPA 241— Safe Guarding buildings under construction, alteration or demolition. 28. Beginning one (1) year from the date of the issuance of the first zoning permit for the Project, applicant annually must provide the City with written certification from a qualified consulting arborist as to compliance with the tree preservation plan and the landscape planting plan on each lot as well as on the Project property beyond the lots, specifically listing any areas of noncompliance. 29. Prior to implementation of any field changes to the tree preservation plan, Applicant must notify the City Administrative Officer and obtain a determination regarding the need for further application and approval. 30. The lot owner(s) must abide by the terms of the tree preservation handbook for his/her/their lot. 31. All lights on the exterior of any building or on any of the lots shall be downcast and shielded fixtures. 32. No additional street lighting may be installed without amendment of the final plat approval. 33. Before the final plat plans may be recorded, Applicant shall record a Notice of Condition of #s 16, 17, and 28-32, above, approved by the City Attorney. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0 Signed this 6 day of February 2018, by Bill Miller, Chair PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning southbu_rfinvton 70f8 PLANNING 8 ZONING SD-17-28 Findings of Fact and Decision Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. soot 1 iMi .rl.1 nton 8 of 8 PLANNING i ZONING