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HomeMy WebLinkAboutSD-02-83 - Decision - 0725 Hinesburg RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD WOLF RUN 9- UNIT PLANNED RESIDENTIAL DEVELOPMENT FINAL PLAN #SD 02-83 FINDINGS OF FACT & DECISION Re: Final plat application #SD-02-83 of Lawrence Chetti for a Planned Residential Development (PRD) on 4.98 acres consisting of 8 duplex units and 1 existing single family unit at 725 Hinesburg Road. On the 18th day of February the South Burlington Development Review Board (DRB) approved the request of Lawrence Chetti for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: This project consists of a planned residential development on 4.98 acres with an existing single family dwelling and constructing four (4), 2 family dwellings. The preliminary plat approval was granted on 10/15/02. 2. This project located at 725 Hinesburg Road is within the Residential 7 and Conservation and Open Space Districts. It is bounded on the west and on the north by a residential neighborhood, on the east by Hinesburg Road, and on the south by 1-89. 3. The owner of record of this property is Lawrence Chetti. 4. Coverage/Setbacks- Building coverage is 6.49% (maximum allowed building coverage is 20%). Overall coverage is 15.78% (the maximum allowed overall coverage is 40%). The buildings meet all setback requirements. 5. Access/Circulation: Access is provided by a 24 foot wide private road off Hinesburg Road. This proposed private road complies with Sections 401.1 (k) (1) (h) (1), and 401.1 (k) (2) of the subdivision regulations. 6. A five (5) foot wide sidewalk is proposed as requested by the City Engineer for pedestrian circulation. 7. Density: Normal Maximum Base Maximum Proposed R7 34 UNITS 14 UNITS 9 UNITS 8. Other: The applicant has obtained approval from the US Postal Service regarding mail delivery. A street name and E-911 address have been provided. The draft condominium documents include conditions prohibiting the storage of RV'S and the conversion of garages to living space. 9. Parking: The parking requirement is 20 spaces, which is being met. The applicant proposes two (2) car garages for each of the duplex units, and two (2) FINDINGS OF FACT & DECISION FINAL PLAN #SD-02-83 guest parking spaces which are shown on the plan. A bike rack is shown on the plan. 10. Traffic: The traffic generated by the project would be minimal. The impacts will be offset by the payment of impact fees. 11. Landscaping: The minimum landscaping requirement based on estimated construction costs is $13,500 which is being met. Proposed plantings include American cranberry bush, silver leaf linden, white pine, white cedar, and creeping juniper. The landscaping along the northerly boundary was increased after consultation with the City Arborist as required. 12. Recreation Path: The Recreation Path Committee reviewed the application at their August 22, 2002 meeting. No additional changes are proposed. 13. Dumpsters: No dumpsters are proposed for this development. 14. C.O. District/wetland buffers: This property includes C.O. District along the 1-89 r.o.w. and C.O. District/wetland buffers associated with wetlands. Some encroachment is proposed. The comer of unit #4A is proposed to be constructed two (2) feet from the C.O. District with some grading taking place within the C.O. District. There should be no grading or disturbance of vegetation within the C.O. District. 15. Lighting: No exterior lighting is proposed for this project. 16. Impact Fees: The applicant was made aware that school, road, recreation, and fire protection impact fees are required for this development pursuant to the South Burlington Impact Fee Ordinance. 17. South Burlington Fire Department: The applicant should comply with all comments from the Fire Chief prior to issuance of a zoning permit. The preliminary plat approval required that the new buildings include residential sprinklers. 18. South Burlington Water Department: The water department has reevaluated its position regarding water availability. They have determined that the project is "grandfathered" so water availability is not an issue. 19. PUD Report: The applicant submitted a report addressing the PUD criteria under Section 26.151 of the zoning regulations. DECISION & CONDITIONS Based on the above findings of fact, the DRB approves final plat application #SD-02-83 of Lawrence Chetti for a planned residential development on 4.98 acres with an existing single family dwelling and consisting of constructing four (4) two-family dwellings, 725 Hinesburg Road, as depicted on a seven (7) page set of plans, page two (2) entitled, "Wolf Run Hinesburg Road South Burlington, VT", prepared by O'Leary -Burke Civil Associates, PLC, dated 1/18/02, last revised on 10/4/02, with the following stipulations: d rb\s u b\S D#02-83. f cd. d oc 2 FINDINGS OF FACT & DECISION FINAL PLAN #SD-02-83 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. Four (4) copies of the approved revised plat plans shall be submitted to the Director of Planning & Zoning prior to recording. a. The final plat plans shall be revised to move building #4 further away from the C.O. District to prevent encroachment during construction. b. The tree planting details on page 5 of the final plat plans shall be revised to incorporate the recommendations of the City Arborist. C. The final plat plans shall be revised to show the sidewalk continuous across the driveways at a uniform grade. d. The final plat plans shall be revised to show the sidewalk in the road typical section. e. The final plat plans shall be revised to show the gas main, which shall be constructed on the opposite side of the street from the water main. f. The final plat plans shall be revised to show a hedge or fence along the CO District boundary adjacent to building #4 to Staff's satisfaction. 3. The new residential buildings shall be constructed to include residential sprinklers or other fire suppression system approved by the Fire Chief. The Fire Department sprinkler connection location shall be as specified by the Fire Department. 4. Any exterior lighting shall consist of downcasting and shielded fixtures approved by the Director of Planning & Zoning prior to installation. 5. Prior to issuance of the first zoning permit, an easement for the sewer line shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 6. No structures shall be permitted in the PUD setback area provided in Section 26.154 (d) of the zoning regulations unless approved as part of this development and shown on the approved plans. 7. The applicant shall post a landscape bond prior to permit issuance in an amount of $13,500. 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. 8. Prior to issuance of a zoning permit, the applicant shall submit final homeowner's documents which include language that the garages will not be turned into living spaces. 9. The water and sewer mains shall be private and maintained by the homeowners. 10. Any change to the final plat plans shall require approval of the South Burlington Development Review Board. drb\s ub\SD#02-83.fcd.doc 3 FINDINGS OF FACT & DECISION FINAL PLAN #SD-02-83 11. The final plat plans (survey plat & sheet # 1) shall be recorded within 90 days or this approval is null and void. The plans shall be signed by the 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 format of the digital information shall require approval of the Director of Planning & Zoning. -C�c Signed this day of 2003, by John Dinklage, Chair South Burlington Development Review Board d rb\s u b\S D#02- 83 . f cd . d oc 4 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING Er ZONING DEVELOPMENT REVIEW BOARD WOLF RUN 9-UNIT PLANNED RESIDENTIAL DEVELOPMENT FINAL PLAT #SD-02-83 FINDINGS OF FACT Er DECISION Re: Final plat application #SD-02-83 of Lawrence Chetti for a Planned Residential Development (PRD) on 4.98 acres consisting of 8 duplex units and 1 existing single family unit at 725 Hinesburg Road. On the 1st day of July 2003, the South Burlington Development Review Board reapproved the request of Lawrence Chetti for final plat approval under Section 15.08 of the South Burlington Land Development Regulations based on the following findings: 1) This project consists of a planned residential development on 4.98 acres with an existing single-family dwelling and constructing four (4), 2 family dwellings. The preliminary plat approval was granted on 10/15 /02. 2) This project located at 725 Hinesburg Road is within the Residential 7 and Conservation and Open Space Districts. It is bounded on the west and on the north by a residential neighborhood, on the east by Hinesburg Road, and on the south by I-89. 3) The owner of record of this property is Lawrence Chetti. 4) Coverage/Setbacks: Building coverage is 6.49% (maximum allowed coverage is 20%). Overall coverage is 15.78% (maximum allowed overall coverage is 40%). The buildings meet all setback requirements. 5) Access/Circulation: Access is provided by a 24-foot wide private road off Hinesburg Road. This proposed private road complies with Sections 15.12 ( c ) (3) AND 15.12 (D) (3) of the Land Development Regulations. 6) A five (5) foot wide sidewalk is proposed as requested by the City Engineer for pedestrian circulation. Page #2 7) Density: Normal Maximum Base Maximum Proposed R7 34 UNITS 14 UNITS 9 UNITS 8) Other: The applicant has obtained approval from the US Postal Service regarding mail delivery. A street name and E-911 address have been provided. The draft condominium documents include conditions prohibiting the storage of RV'S and the conversion of garages to living spaces. 9) Parma The parking requirement is 20 spaces, which is being met. The applicant proposes two (2) car garages for each of the duplex units, and two (2) guest parking spaces, which are shown on the plan. A bike rack is shown on the plan 10) Traffic: The traffic generated by the project would be minimal. The impacts will be offset by the payment of impact fees. 11) Landscaping: The minimum -landscaping requirement based on estimated construction cost is $13,500, which is being met. Proposed plantings include American cranberry bush, silver leaf linden, white pine, white cedar, and creeping juniper. The landscaping along the northerly boundary was increased after consultation with the City Arborist as required. 12) Recreation Path: The Recreation Path Committee reviewed the application at their August 22, 2002, meeting. No additional changes are proposed. 13) Dumpsters: No dumpsters are proposed for this development. 14) C.O. District/wetland buffers: The property includes C.O. District along the I-89 r.o.w. and C.O. District/wetland buffers associated with wetlands. Some encroachment is proposed. The corner of unit #4A is proposed to be constructed two (2) feet from the C.O. District with some grading taking place within the C.O. District. There should be no grading or disturbance within the C.O. District. Page #3 15) Lighting_ No exterior lighting is proposed for this project. 16) Impact Fees: The applicant was made aware that school, road, recreation, and fire protection impact fees are required for this development pursuant to the South Burlington Impact Fee Ordinance. 17) South Burlington Fire Department: The applicant should comply with all comments from the Fire Chief prior to issuance of a zoning permit. The preliminary plat approval required that the new buildings include residential sprinklers. 18) South Burlington Water Department: The water department has reevaluated its position regarding water availability. They have determined that the project is "grandfathered" so water availability is not an issue. 19) PUD Report: The applicant submitted a report addressing the PUD criteria under Section 26.151 of the zoning regulations. DECISION Er CONDITIONS Based on the above findings of fact, the Development Review Board approves final plat application #SD-02-83 of Lawrence Chetti for a planned residential development on 4.98 acres with an existing single family dwelling and consisting of constructing four (4) two-family dwellings, 725 Hinesburg Road, as depicted on a seven (7) page set of plans, page two (2) entitled, "Wolf Run Hinesburg Road South Burlington, VT", prepared by O'Leary -Burke Civil Associates, PLC, dated 1/18/02, last revised on 10/4/02, 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 Er Zoning. Four (4) copies I Page #4 of the approved revised plat plans shall be submitted to the Director of Planning Fr Zoning prior to recording. a. The final plat plans shall be revised to move building #4 further away from the C.O. District to prevent encroachment during construction. b. The tree planting details on page 5 of the final plat plans shall be revised to incorporate the recommendations of the City Arborist. c. The final plat plans shall be revised to show the sidewalk continuous across the driveways at a uniform grade. d. The final plat plans shall be revised to show the sidewalk in the road typical section. e. The final plat plans shall be revised to show the gas main, which shall be constructed on the opposite side of the street from the water main. f. The final plat plans shall be revised to show a hedge or fence along the C.O. District boundary adjacent to building #4 to staff s satisfaction. 3) The new residential buildings shall be constructed to include residential sprinklers or other fire suppression system approved by the Fire Chief. The Fire Department sprinkler connection location shall be as specified by the Fire Department. 4) Any exterior lighting shall consist of downcasting and shielded fixtures approved by the Director of Planning £r Zoning prior to installation. 5) Prior to issuance of the first zoning permit, an easement for the sewer line shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 6) No structures shall be permitted in the PUD setback area provided in Section 26.154 (d) of the zoning regulations unless approved as part of this development and shown on the approved plans. Page #5 7) The applicant shall post a landscape bond prior to permit issuance in an amount of $13,500. 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. 8) Prior to issuance of a zoning permit, the applicant shall submit final homeowner's documents, which include language that the garages will not be turned into living spaces. 9) The water and sewer mains shall be private and maintained by the homeowners. 10) Any change to the final plat plans shall require approval of the South Burlington Development Review Board. 11) The final plat plans (survey plat Er sheet #1) shall be recorded within 90 days or this approval is null and void. The plans shall be signed by the 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 format of the digital information shall require approval of the Director of Planning Er Zoning. Signed this 1st day of July, 2003, by ---------------- - ----------- John Dinklage, Chair South Burlington Development Review Board Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 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 VSA 4472 (d) (exclusivity of remedy; finality).