HomeMy WebLinkAboutSD-99-15 - Decision - 0311 0315 Hinesburg Road#SD-99-15
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Findings of Fact, application of Ying Liu to construct an eleven (11) unit planned residential development
consisting of 4 duplexes and one 3-unit multi -family structure on 2.91 acres, 311-315 Hinesburg Road.
On the 13' day of April, 1999, the South Burlington Planning Commission approved the request of Ying
Liu for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on
the following findings:
1. This project consists of: 1) razing a single family dwelling and related accessory structures, and 2)
constructing an eleven (1 1) unit planned residential development consisting of four (4) duplexes and one
(1) three (3) unit multi -family dwelling on a 2.91 acre lot. The preliminary plat was approved on 1/12/99.
The owner of record of this particular property is Ying H. & Josephine J. Liu.
3. This property located at 31 1-315 Hinesburg Road lies within the R4 District. It is bounded on the north
and south by residences, on the west by undeveloped land and on the cast by Hinesburg Road.
4. Access/circulation: Access to the 1 1 units in this development plus the triplex and single family dwelling
to the north of this development would be via a private road within a 30' access casement from Hinesburg
Road. Section 401.1 (k) (1) (b) of the subdivision regulations allows the Planning Commission to approve
a private roadway when the proposed roadway has a single access on a public street and serves no more
than 10 units or has two (2) points of access and serves no more than 20 units. Since the proposed private
roadway serves 16 units and has only one (1) access the Commission could either require a public street,
or make a determination that 16 units served by one roadway access will not have an adverse effect on the
public good and welfare of the community. The Commission, as part of the preliminary plat approval,
approved a private roadway to serve no more than 15 units. At the meeting it was learned that the single
family dwelling to the north was a duplex, hence the additional unit for a total of 16 units. One of the
reasons the Planning Commission approved 16 units on a single access private road was due to the
applicants willingness to have the building sprinklered.
Circulation on the site is adequate.
5. Coveraize/setbacks: Building coverage is 14.7% (maximum allowed is 20%). Overall coverage is
31.5% (maximum allowed is 40%).
6. The proposed buildings will meet the 50 foot PUD perimeter setback requirement. A portion of the
access drive running along the northerly boundary and the dumpster storage areas are located with the
PUD/PRD perimeter setback area. This is not permitted under Section 26.154 (d) of the zoning
regulations. The Planning Commission may modify this requirement under Section 9.404 of the zoning
regulations. Preliminary plat condition #4j required the plan to be revised to show less encroachment into
the PUD setback along the north property line. The applicant indicated that this requirement can not be
met and is seeking a waiver from this requirement. The access drive is located between 14 and 40 feet of
the northerly property line. Preliminary plat condition #4k required that the dumpsters be moved out of
the PUD setback and shall be screened. One (1) of the dumpsters was eliminated and the other dumpster
was relocated to west end of the access drive. It is still located within the PUD setback
7. The applicant was made aware that no structures including decks can project into the PUD setback on
the south side.
8. Landscaping The minimum landscaping requirement, based on building costs, is $16,300 which is
being met. Plantings include Red Maple, Red Oak, Honeylocust, Red Cedar, Austrian Pine, Crabapple,
Burning Bush, Honevsuckel and Yew.
9. Parking: A total of 25 parking spaces are required and 44 spaces arc provided (two (2) in each garage
and two (2) in front of each garage) including a bike rack.
10. Density: The maximum density allowed on the 2.91 acre parcel is I I units (2.91acres x 4 units/acre
= 11.64) and 1 1 units are proposed.
11. Sewer: The sewer allocation requested is 3435 gpd (includes 20% reduction allowed by State and
credit for existing dwelling to be removed). The applicant will be required to pay the per gallon fee prior
to permit issuance.
12. Dumpster: A screened dumpster storage area is provided. It is located within the required 50 ft
PUD/PRD perimeter setback (see above discussion on setbacks).
13. Lighting: Exterior lighting will consist of the following:
— three (3) 100 watt metal halide lights mounted on 20 foot poles with downcasting shielded fixtures.
— 22 75 watt building mounted incandescent lamps with downcasting shielded fixtures.
14. School impact: Preliminary plat condition # 13 required the applicant to provide a letter from the
School Superintendent regarding school impact. This letter has been requested by the applicant but not
yet received. This letter should be obtained prior to permit issuance.
15. PUD/PRD report: The applicant submitted a report addressing the PUD/PRD criteria under Section
26.151 of the zoning regulations.
16. Sidewalk: Preliminary plat condition #41 requiring a sidewalk to Hinesburg Road has not been met.
Applicant indicated that there is no suitable location for this sidewalk which would benefit the residents
of the development.
17. Other:
— new residential units have been numbered using the E91 I addressing system.
— the applicant has submitted a set of plans to the City Water Department.
the preliminary plat approval included a condition that the garages must remain as garages and
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must not be converted to living space. This requirement must be reflected in the homeowner's
declaration.
note #3 on sheet 3 of 8 should be revised to reflect the correct acreage of 2.91 acres.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat
application of Ying Liu to construct an eleven (1 1) unit planned residential development consisting of 4
duplexes and one 3-unit multi -family structure on 2.91 acres, 3 11-3 15 Hinesburg Road, as depicted on a
nine (9) page set of plans, page two (2) entitled, "Plat Showing Survey of Property of Ymg H. and
Josephine S. Liu Hinesburg Road South Burlington, Vermont," prepared by Vaughn C. Button, dated
12/20/98, last revised on 2/24/99, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect.
2) The Planning Commission approves a sewer allocation of 3435 gpd (this includes the 20% reduction
allowed by State and credit for existing bedrooms to be removed). The applicant will be required to pay
the per gallon fee prior to permit issuance.
3) Pursuant to Section 513.1 and 40 1. 1 (k)(1)(b) of the subdivision regulations, the Planning Commission
approves a private roadway to serve no more than 16 units. It is the Commission's opinion that serving
16 units by a private roadway will not have an adverse effect on 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 of 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 final plat plan (sheet 3 of 8) shall be revised to change note #3 to reflect the correct acreage
of 2.91 acres.
b) The plan shall be revised to move the dumpster and pavement slightly to the south and west
(approximately 5 feet). The area north of the dumpster shall be heavily planted with evergreens
in order to provide adequate screening.
c) Additional landscaping (6 - 8 trees) shall be added along the south property line.
d) The plan shall show cast/west swale along the south property line.
5) Prior to permit issuance, the applicant shall post a $16,300 landscape bond. This bond shall remain in
effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving.
6) Prior to permit issuance, the applicant shall submit a letter from the School Superintendent indicating
that this development will not have an adverse impact on the school system.
7) Sanitary sewer manhole spacing must not exceed 300 feet.
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8) Drainage inlet adjustment risers shall be precast concrete and not bricks and mortar as plans show.
9) Each unit shall be sprinklered.
10) The garages must remain as garages and must not be converted to living space. This requirement shall
be reflected in the homeowner's declaration which shall be approved by the City Attorney prior to permit
issuance.
11) Prior to issuance of a zoning permit, the applicant shall record necessary legal documents forthe utility
easement. The legal documents shall require approval of the City Attorney prior to recording.
12) All new exterior lighting shall consist of downcasting shielded fixtures so as to not cast light beyond
the property line. Any change in lighting shall require approval of the Director of Planning & Zoning prior
to installation.
13) Any change to the final plat plans shall require approval of the South Burlington Planning Commission.
14) The final plat plans (Sheets 3 of 8, 4 of 8, and the survey plat) shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission
Chair or Clerk prior to recording. Prior to recording the final plat plans, 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.
Chairman or Clerk
South Burlington Planning Commission
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