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HomeMy WebLinkAboutSD-02-20 SD-02-27 - Decision - 0311 0315 Hinesburg Road#SD-02-20 and #SD-02-27 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, preliminary and final plat applications #SD-02-20 and SD-02-27 of Gardner & Son Development Corporation to amend a previously approved 11 unit planned residential development. The amendment consists of adding a two-family dwelling for a total of 13 units, East Birch Lane. On the 14th of May 2002, the South Burlington Development Review Board approved the request of Gardner & Sons Development Corporation for preliminary and final plat approval under Sections 203 and 204 of the South Burlington Subdivision Regulations based on the following findings: 1) This project is to amend an 1 I unit planned residential development consisting of four (4) duplexes and one (1) three unit multi -family dwelling. The amendment consists of 1) the addition 0.35 acres to the PRD, and 2) the construction of a duplex on East Birch Lane. Sketch plan was reviewed at the February 5, 2002 DRB meeting. 2) The owner of record is Gardner & Sons Development Corporation. 3) This project is located in the R4 District. It is bounded on the south by the East Birch Lane PRD and East Birch Lane, on the east by single family development and Hinesburg Road, on the north by single family dwellings and on the west by another single family dwelling and Birch Street. 4) Coverage/Setbacks: Building coverage is 12.2% (maximum allowed is 20%). Proposed overall coverage is 28.1% (maximum allowed is 40%). The applicant requested a waiver of the 50 foot PRD perimeter setback. They are proposing a 15 foot setback. The board may modify this requirement pursuant to Section 9.404 of the zoning regulations. Letters from the adjacent neighbors concerning the waiver for the PRD perimeter setback were submitted. 5) Access: Access to this development plus the triplex and duplex to the north is provided by a private road from Hinesburg Road, known as East Birch Lane. This roadway currently serves 16 units. This proposal would add two (2) additional units for a total of 18 units. Section 40 1. 1 (k) (1) (b) of the subdivision regulations allows the Board to approve a private roadway when the proposed roadway has a single access (two (2) are required) and could either require a public street, or make a determination that 18 units served by one roadway access will not have an adverse affect on the public good and welfare of the community. 6) Density: The density for the R4 District is 4 units per acre. The 3.26 acre parcel allows a maximum of 13 units as proposed ( 3.26 x 4 = 13.04). 7) Parking: A total of 30 parking spaces are required. 26 parking spaces are provided in covered garages. The driveways allow for additional parking. The plan should show a bike rack. The applicant should revised the plan to indicate the number of covered parking spaces. 8) Dumpster: No dumpsters proposed. 9) Lighting: Cut sheets should be submitted to the Director of Planning and Zoning for approval of any proposed exterior light fixtures. 10) Landscaping_ The landscape requirement for the new duplex is $7,500. The landscape requirement for the single building is met. 11) Upon review by staff the existing landscaping for the subdivision was not per the landscape plan submitted at a previous approval. Staff requested a corrected landscape plan for the entire subdivision including the proposed landscaping for the new duplex. 12) Other: The applicant did not submit an overall survey of the property. E911 addresses for the new building should be indicated on the plat plan. DECISION AND CONDITIONS Based on the above Findings of Fact, South Burlington Development Review Board approves preliminary and final plat applications #SD-02-20 and SD-02-27 of Gardner & Son Development Corporation to amend a previously approved 1.1 unit planned residential development. The amendment consists of adding a two-family dwelling for a total of 13 units, East Birch Lane., as depicted on a three page set of plans, page one entitled "Cedar Common Williston Vermont Site Plan Vermont " prepared by Llewellyn -Howley, Inc., dated 3/08/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Pursuant to Section 9.404 of the zoning regulations the Board approves the PRD setback waiver requested. 2 3) Pursuant to Section 4.101 (k) (1) (b) of the subdivision regulations the Board approves the private drive to service 18 units with a single access, as it will not adversely affect the public good and welfare of the community. 4) The plat plans shall be revised to show the changes listed below and shall require approval by the Director of Planning and Zoning (hereinafter Director). Four copies of the approved revised plat plans shall be submitted to the Director prior to recording. a) The plat plans shall be revised to show the location of a bike rack. b) The plat plans shall be revised to show all existing landscaping as well as proposed, as installed for the entire PRD. c) The plat plans shall be revised to include a survey plat of the entire property. d) The plat plans shall be revised to show the E911 addresses for the new building. e) The plat plans (site plan) shall be revised to correctly note that this property is in So. Burlington not Williston. 5) The applicant shall post a landscape bond prior to permit issuance in an amount of $7,500 for the proposed landscaping for the new duplex. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 6) The applicant shall submit cut sheets of all proposed exterior lighting. Any change to approved lights shall require approval of the Director prior to installation. 7) Any change to the final plat plans shall require approval by the South Burlington Development Review Board. 8) The final plat plan (survey plat and site plan) shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair of Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat and site plan in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. Chair or E ait. -. South Burlington Development Review Board 6 --/ g - o 2-- Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and VAC.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).