HomeMy WebLinkAboutSD-00-09 - Decision - 0150 0152 Allen RoadI
# SD-00-09
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application of Allen Road Land Company, Inc. to subdivide a 28.21
acre parcel into two (2) parcels of 4.45 acres and 23.76 acres and further developing the 23.76 acre parcel
as a planned residential development of 35 lots resulting in: 1) 32 single family lots, 2) a 12 unit multi-
family development consisting of six (6) duplexes, 3) a 2.48 acre open space lot, and 4) a 2.72 acre
proposed city park, Allen Road.
On the 21 st of March, 2000, the South Burlington Development Review Board approved the final
plat application of Allen Road Land Company, Inc. under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of subdividing a 28.21 acre parcel into two (2) parcels of 4.45 acres and 23.76
acres and to further develop the 23.76 acre parcel as a planned residential development of 35 lots resulting
in: 1) 32 single family lots, 2) a 12 unit multi -family development consisting of six (6) duplexes, 3) a 2.48
acre open space lot, and 4) a 2.72 acre proposed city park. The preliminary plan was approved on 11 /2/99.
2. The owner of record of these particular properties is John Larkin.
3. Access: Access to this development will be provided by three (3) new public streets. Bay Crest Drive
will be extended through the development to Allen Road. Harbor Ridge Road will be extended to connect
to the extended portion of Bay Crest Drive. A 350-foot long cul-de-sac street will extend northerly from
the extended Harbor Ridge Road to serve seven (7) lots.
A 20 foot r.o.w. for pedestrian access to the existing park to the north is being provided between lots #20
and 21 extending from the cul-de-sac to the park. This pedestrian access should be constructed as part of
development when Haymaker Lane is completed.
Access to lot #36 with the twelve (12) unit multi -family development is proposed to be by two (2) curb
cuts, one (1) on the extended portion of Bay Crest Drive and the other on Harbor View Road. The
Development Review Board, as part of the project's preliminary plat approval, approved these access drives
pursuant to Section 26.103 (a) of the zoning regulations.
The applicant has also located the access to the proposed city park in a location and configuration to
accommodate a roadway to serve the 5.5-acre parcel to the west.
4. Lot size/frontal Lots #1-5, 7, 9-11,14-18, 21-32 do not meet the minimum 15,000 square foot lot size
requirement. The Development Review Board under Section 8.404 ofthe zoning regulations modified the
lot sizes of these lots in its preliminary plat approval.
Lots #7-9,15,18-22, 25, 26, 29, 30, 33, and 34 do not meet the minimum fronrtage requirement of 100 feet.
The Development Review Board under Section 8.404 of the zoning regulations modified the frontage
requirements for these lots in its preliminary plat approval.
Lot A is to be transferred from the applicant to CWD and lot X transferred from CWD to the applicant.
This exchange will ensure a full width 60' r.o.w. for Harbor Ridge Road.
Lot B is not being incorporated into lot #12 as required. The applicant proposes that it be designated as
non -buildable. Staff recommended that it be incorporated into lot 12 as required.
5. Density: The acreage of the "buildable area" is 20.85 acres. This results in a base maximum density of
41.5 units (20.85 acres x 2 units/acre = 41.5). The normal maximum density is 46 units (23.76 acres x 2
units/acre = 47.52). A total of 44 units are proposed.
6. Setbacks: The 50-foot PUD perimeter setback is not being met along the north side of lot #15. Building
# 6 of the multi -family dwellings does not meet the 30-foot rear yard setback along the south east side
facade. The Development Review Board under Section 8.404 of the zoning regulations may modify this
requirement. The applicant was made aware that no structures are permitted in the PUD setback area as
provided in Section 26.154(d) of the zoning regulations.
Building envelopes are shown on the plans.
7. C.O. District/wetland buffer: This property includes drainageways and wetlands. The drainageways and
delineated wetland boundaries are shown including the associated C.O. District/wetland buffer areas. A
portion of lot 32 encroaches into the C.O. District. The proposed plans illustrate the portion of lot #32
within the C.O. District as an area where the removal of vegetation is prohibited. Covenants on this parcel
should have a maintenance clause whereas vegetation removal is allowed in conjunction with buffer
restoration work and other such district enhancements.
8. Bartlett Brook Watershed Protection Overlay District (LBW This property is located within the BBW
District and is subject to the provisions of Article XXIH of the zoning regulations. Applicant submitted the
applicable storm water management information to Heindel and Noyes for inclusion into the City's
stormwater hydrology computer model. The conclusion of this study was that the proposed storm water
drainage plan, including three detention ponds, would satisfy the management objectives of the City of
South Burlington. The developer/homeowner's association will be responsible for maintenance of the
retention basins.
9. Recreation paths/,pedestrian trails: The applicant will construct an eight (8) foot wide path within the 20
foot existing easement along the north side of Allen Road from the east end to the west of the development.
An eight-(8) foot wide path will be constructed along the new portion of Bay Court Drive. An eight-(8)
foot wide path will be constructed between lots #20 and #21. These paths were recommended by the
Recreation Path Committee.
10. NeWftrhood Park: The applicant is proposing to dedicate a 2.72 acre parcel (lot #34) for a City Park.
The r.o.w. into the proposed park between lots #1 and 35 will be landscaped.
11. Coverage: (Lot #36) Building coverage is 16% (naximum allowed is 20%). Overall coverage is 30.9%
(maximum allowed is 40%).
12. PUD/PRD report: A written report addressing the PUD/PRD criteria under Section 26.151 of the
zoning regulations has been submitted.
13. School impact: The submitted plans include a School Impact Questionnaire from the City of South
Burlington's Business manager dated January 4, 2000. The letter states that accommodation for the project
will be provided through the application of appropriate impact fees.
14. E911 addresses: The applicant has provided street numbers for the development based on the E911
addressing system illustrated on sheet one of the plans submitted.
15. Landscaping: The minimum landscaping requirement, based on building costs for the multi -family
project, is $15,500 which is being met. The landscaping southeasterly of building #6 has been relocated
so that all the landscaping is within lot #36.
The Red Sunset Maple and Green Mountain Sugar trees proposed for street trees are not acceptable, as
these species are not tolerant of road salt. It is suggested that the applicant replace these trees with known
resistant trees such as Norway Maple or Chinese Elms.
It should be noted that an adjacent property owner has requested that additional landscaping be planted
along the northern boundary of the project area (specifically between lot 32 and the Harbor Meadow
Condominiums).
16. Streetlights: The applicant is proposing 10100 watt mercury vapor cut-off lu minare lamps mounted on
20 foot poles. Details (cut -sheets) for these lights have been submitted. All fixtures must be downcast and
shielded.
17. Multi -family lighting: Details (cut -sheets) for all multi -family exterior lights should be submitted.
18. Traffic: A traffic report was submitted by the applicant. The MPO reviewed the study. Staff
recommended that the measures to mitigate the impacts of future traffic growth in the study area as well
as measures for safe and efficient traffic flow be implemented by the developer. These improvements
include:
■ Exclusive right turn lanes for Allen Road eastbound and Spear Street southbound at the Spear
Street/Allen Road intersection.
■ Exclusive left turn lanes for Allen Road eastbound and Spear Street northbound at the Spear
Street/Allen Road intersection.
■ The eastbound approach at the Harbor View Drive / Bay Crest Drive intersection should be controlled
with a stop sign.
■ The northbound approach of the Harbor View Drive / Harbor View Driveway should be controlled
with a stop sign.
■ Telephone poles along Allen Road that are immediately adjacent to the project driveway (Bay Crest
Drive) should be moved at least 15 feet from the traveled right of way.
■ All trees and shrubs along the southern boundary of Harbor View Drive should be trimmed to create
acceptable corner sight distances for the intersections of Harbor View Drive / Bay Crest Drive and. the
Harbor View Drive / Harbor View Driveway.
19. Legal documents: Prior to issuance of the first zoning permit, the applicant should submit legal
documents (irrevocable offer of dedication, deeds, easements, etc.) for recording and approval by the City
Attorney.
20. Sewer: The sewer allocation requested for this development is 21,218 gpd. The applicant will be
required to pay the per gallon fee prior to permit issuance. The sewer allocation should remain in effect for
10 years from the date of final plat approval. Any lots, which have not been developed within 10 years,
should lose their allocation unless re -approved by the Development Review Board.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves the
final plat application of Allen Road Land Company, Inc. to subdivide a 28.21 acre parcel into two (2)
parcels of 4.45 acres and 23.76 acres and to further develop the 23.76 acre parcel as a planned residential
development of 35 lots resulting in: 1) 32 single family lots, 2) a 12 unit multi -family development
consisting of six (6) duplexes, 3) a 2.48 acre open space lot, and 4) a 2.72 acre proposed city park, 200
Allen Road, as depicted on a 19 page set of plans, page two (2) entitled, "Irish Farm South Burlington
Vermont Overall Site Plan," prepared by Llewellyn - Howley, Inc, dated September, 1999, lst revised on
11/4/99, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect.
2. Prior to issuance of a 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, city park, and utility, sewer, drainage, waster and pedestrian path, etc.) shall
be submitted to the City Attorney for approval and recorded in the South Burlington land records.
3. Prior to start of construction of the improvements described in condition ##2 above, the applicant shall
post a bond, which covers the cost of said improvements.
4. 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 licensed engineer.
5. The plat plans shall be revised to show the changes listed below and shall require approval of the
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 subdivision plat shall be revised to incorporate lot B into lot # 12.
b) The final plat plan (sheet 4 of 17) shall be revised to show building #6 as not encroaching
into the side or rear setback areas.
c) If required by the City Engineer, the final plat plan (sheet 6 of 17) shall be revised to place
manhole #1 to the south about ten (10) feet and the eight (8) inch stub extended easterly
along the full length of lot #6 to serve parcel "B" for future development.
d) The final plat plan (sheet 7 of 17) shall be revised to relocate the street light at the
intersections of Harbor Ridge Road and Irish Farm Road such that the light is not on top
of the CWD water main.
e) The final plat plans shall be revised to add a site similar to note #21 under Water
Specifications to the plans to cover all construction.
f) The final plat plans shall be revised to show all water shut off valves six inches inside the
street.
g) The final plat plan (sheet 3 of 17) shall be revised to note that the 15-foot sewer easement
between lots #27 and #28 shall also serve as a pedestrian access to lot #33.
h) The landscaping plan shall be revised to show willow trees planted in lot 33, if approved
by the Army Corps of Engineers.
i) Site plan B shall be revised to show the swale extending to the northeast corner of lot # 19.
6. The Development Review Board approves a sewer allocation of 21,218 gpd. The sewer allocation shall
remain in effect for ten (10) years from the date of final plat approval. Any lots, which have not been
developed within ten (10) years, shall lose their allocation unless re -approved by the Development Review
Board. The applicant shall be required to pay the per gallon fee prior to permit issuance.
7. The applicant shall post a $27,22 landscape bond for street trees prior to start of road construction and
a $15,500 landscape bond for the multi -family project prior to issuance of a pemut. 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. If the development has common mailbox facilities, the owners of the lots approved hereby shall be
responsible for the installation and the maintenance of common mailbox facilities that comply with the
requirements of the U.S. Postal Service. The lot owners shall also be responsible for removal of snow and
ice in the vicinity of the common mailbox facilities so that the U.S. Postal Service and lot owners have
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reasonable access to the boxes during the winter months.
9. Trees and streetlights must not be planted on top of water mains or sewer mains.
10. Streetlights shall be placed before the lots are built on or owners made aware of their location.
11. Streets shall have a five-(5) inch crown.
12. Sewer mains shall be bedded in 3/4 inch crushed stone.
13. Electric and telephone services shall be outside the street r.o.w.
14. The multi -family units shall be sprinklered or fire safety plan be approved by the South Burlington Fire
Chief.
15. The applicant shall be required to construct the pedestrian access between lots #20 and 21 prior to the
issuance of permits for lots #20 and 21.
16. Pursuant to Section 26.103(a) of the zoning regulations, the Development Review Board approves
two (2) access drives for lot #36, one on Bay Crest Drive, and one on Harbor View Road.
17. Pursuant to Section 8.404 of the zoning regulations, the Development Review Board modifies the lot
size of lots #1-5, 7, 9-11, 14-18, and 21-32 and modifies the frontage requirement of lots #7-9, 15, 18-22,
25, 26, 29, 30, 33 and 34.
18. If required by the City Engineer, basement and footing drains should be equipped with back flow
presenters placed where they are accessible.
19. The as -built drawing shall be the construction drawings with the field changes. They shall be
prepared by the Engineer not the developer or his contractor.
20. Sidewalk concrete shall be five inches in thickness except at driveway where it shall be eight
inches.
21. Recycled crushed bituminous concrete may be used for gravel path and road sub -base material
22. The applicant and/or homeowners association shall be responsible for the perpetual maintenance
of the stormwater detention basins serving this development. The applicant and/or homeowners
association shall follow the stormwater maintenance plan entitled "Irish Farm Development
South Burlington, Vermont Detention Basins — Operation and Maintenance" which is hereby
incorporated by reference, Any changes to this plan must be approved by the City Engineer.
The requirement that the homeowners association maintain the detention basins shall be included
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in the association documents.
23. Prior to recording the final plat plans, the applicant shall submit four sets of plans approved by
the City Engineer which show the following intersection improvements:
a. Exclusive right turn lanes for Allen Road eastbound and Spear Street southbound at the
Spear Street/Allen Road intersection.
b. Exclusive left turn lanes for Allen Road eastbound and Spear Street northbound at the
Spear Street/Allen Road intersection.
These improvements shall be constructed prior to issuance of a zoning permit for the 1 Ph
dwelling unit.
24. Pursuant to Section 8.404 of the zoning regulations, the Development Review Board the PUD
perimeter setback along the west, east and south sides of lot #36, and along the north side of lot
#15.
25. No structures shall be permitted in the PUB 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.
26. The applicant shall construct an eight -foot wide asphalt path within the 20-foot easement along
the north side of Allen Road from the east end to the west end of the development.
27. Prior to issuance of the first zoning permit for the multi -family portion of the development, the
applicant shall submit details (cut -sheets) for all exterior lights in that portion of the development.
28. There shall be no removal of vegetation or construction disturbance allowed within the C.O.
District located on lot #32. This requirement shall be incorporated into the deed for lot #32.
29. The applicant shall be required to implement the fallowing road improvements prior to
occupancy of the first dwelling unit:
a. The eastbound approach at the Harbor View Road/Bay Crest Drive intersection shall be
controlled with a stop sign.
b. The northbound approach of the Harbor View Road/Harbor View Driveway shall be
controlled with a stop sign.
c. Telephone poles along Allen Road that are immediately adjacent to the project driveway
(Bay Crest Drive) shall be moved at least fifteen feet from the traveled rights of way.
d. All trees and shrubs along the southern boundary of Harbor View Road shall be trimmed
to create acceptable corner sight distances for the intersections of Harbor View Road/Bay
Crest Drive and the Harbor View Road/Harbor View Driveway.
30. Any change to the final plat plans shall require approval by the South Burlington
Development Review Board.
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31. The final plat plans (the survey plats and sheets 4, 5 and 6 of 17) shall be recorded in the land
records within 90 days or this approval is null and void. The plans shall be signed by the
Board Chair or Clerk prior to recording the final plat plans. The applicant shall submit a copy
of the survey plats in digital format. The format of the digital information shall require
approval of the Director.
Chair or Cler
South Burlington Development Review Board
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Date
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