Loading...
HomeMy WebLinkAboutSD-02-36 - Decision - 1545 Hinesburg Road#50-02-36 FINDING5 OF FACT & D1<C151ON 5TATE OF VERMONT COUNTY OF CHITTENDEN CITY OF 5OUTH BURLINGTON Re: Findings of Fact, preliminary plat application #5D-02-3(5 of John Larkin for a planned residential development consisting of: 1) the transfer of density from 42.05 acres of adjoining land to two (2) parcels totaling 61.2 acres, and 2) subdividing a 56.2 acre parcel into 52 single family lots and constructing 72 multi -family units in 24 buildings, 1559-1545 Hinesburg Road. On the 7" day of January 2003, the South Burlington Development Review Board approved the request of John Larkin for preliminary plat approval under 5ection 203 of the 5outh Burlington 5ubdivision Regulations, based on the following findings: 1. This project consists of a planned residential development consisting of: 1) the transfer of density from 42.05 acres of adjoining land to two (2) parcels totaling 61.2 acres, 2) subdividing a 56.2 acre parcel into 51 single family lots, and 3) constructing 71 multi -family units in 24 buildings, 1539 & 1545 Hinesburg Road. 2. This property lies within the 5EQ District, the Dorset Park 5cenic View Protection Overlay Zone, and the Conservation and Open 5prece District. It is bounded on the north by Butler Farms, on the west by the Dorset Heights development, on the south by residences, and on the east by Hinesburg Road and residences. 3. The owner of record of this property is Jacqueline Marceau. 4. Access: Access is proposed via a city street from Hinesburg Road, intersecting opposite Van 5icklen Road. A city street is proposed to connect with Butler Farms utilizing a reserved r.o.w. called Link 5treet on the plans. The applicant is also proposing to reserve a r.o.w. to connect to the Old Cross Road r.o.w. extension. 5. At a previous meeting, the Board requested the access shown through to the Chittenden property to avoid the CO District/wetland buffer, indicated as "wetland A" on the plan. The plan has not been revised to incorporate this request. 6. Proposed access to the largest cluster of the multi -family housing i5 via a city street. Multi -family units V,W, and X will have a single curb out off Old Cross Road Extension. Page #2 7. No Single family lot would exit onto Old Cross Road Extension. All Single family units are Serviced by a 60 foot r.o.w. called Rebecca Drive, proposed aS a public Street. 8. A 50 foot r.o.w. iS being reserved to provide access to an exiting two (2) acre lot owned by Michael Marceau between lots #7 and #8. This access is noted on the plan. 9. There has been Substantial discussion of how the proposed Marceau Meadows Subdivision will be connected through to Dorset Street. The city'S official map and the Southeast Quadrant zoning map both Show a connection through this property between Hinesburg Road and the current dead-end of Old Cross Road just east of Dorset Heights. 10. AS previous meetings, the applicant and DRD have discussed a two-part approach to this issue: (1) creating a road connection between the proposed Chittenden Cider Mill project and the Marceau Meadows project at the Southeast corner of the Marceau property, and (2) reserving the right-of-way between Link Street on the Marceau property and Old Cross Road, but requiring the applicant to construct only the recreation path connection, and not the roadway. 11. City Council has reviewed the Situation and recommends that the DRD require full construction of the Old Cr000 Road connector aS part of preliminary plat approval for the Marceau Meadows Subdivision. Council recognized that there will be a Substantial change in traffic patterns from connecting Old Cross Road through to Hinesburg Road independent of the impact of the residential development itself, and that there will be issues at Act 250 over the road. However, Council firmly believes that construction of the full connection to Old Cr000 Road iS appropriate and necessary aS part of this subdivision. 12. 5taff recommended that the roadway connection to the Chittenden property be required aS part of the preliminary plat approval. Creating Secondary roadway connections within new neighborhoods has a host of traffic and planning benefits and iS clearly Supported by the Comprehensive flan. 15. Coverage/5etback5: Proposed building coverage iS 2% (maximum allowed iS 20%). Proposed overall coverage iS .05% (maximum allowed iS 40%). These numbers do not include single family lot development. The coverage information accounts for only the multi -family development. 5etbacko for all the multi -family units are met. 14. Lot Size/Frontage: All single-family lots meet the minimum lot size requirement of 12,000 Sq. ft. The applicant requested a waiver on the frontage requirement of 85 feet for lot #16, which is proposed as 60 feet. The Board may modify this requirement under Section 6.607 of the zoning regulations. All other frontage requirements are met. Page #3 15. Density: The applicant is proposing to transfer density from the 42.05 acres of adjoining land to two (2) parcels equaling 61.2 acres and a five (5) acre parcel resulting in a total of 103.25 acres. This result in a maximum density of 123 units (105.25 x 1.2 = 123.9). Since the June 18, 2002 DRB meeting, the applicant adjusted the density to 125 units, one is an existing residence. The proposed density complies with the density requirement of Section 6.405 of the zoning regulations, (74.65 developable acres x 4=298.6 units). 16. View Protection Zone: A major portion of this development lies within the Dorset Park View Protection Zone C. The maximum height of the proposed single family residences has not been provided, but the applicant has previously stated the residences will be below the elevations set for that area. 17. C.O. District/wetland buffer: Cathy O'Brien compiled a wetland report addressing the criteria found in Section 3.505 of the zoning regulations. The applicant is proposing C.O. District/wetland buffer encroachment with lots #9-15, #21-25, #55-41. Triplex buildings F,O, and N also encroach into the C.O. District/wetland. 13. At their September 17, 2002 Natural Resource Committee meeting, the NRC reviewed the proposed encroachment. The recommendations for approval include: 1) the addition of landscaping to denote the edge to the wetland, and 2) a legal document approved by the City Attorney which clearly states the use of pesticides on the multi -family lots, single-family lots, and reserved open space lots is prohibited. 19, At final plat, the notes in the legend should be revised to indicate the wetlands and buffers as C.O. District/wetland buffer on the overall site plan sheet and all other applicable sheets. 20. Restricted Area: The applicant is proposing development within the restricted area. The Board may approve this proposal if the criteria of Section 6.606 of the zoning regulations are met. 21. 5chool Impact: For final plat submittal the applicant should provide correspondence from the South Burlington 5chool District evaluating the potential impact this project may have on the school system. 22. Parking: The minimum parking requirement for a 71 unit multi -family development is 2.25 spaces per unit or 160 parking spaces. The site plan should be revised to indicate if there is covered parking and note the location of guest parking. At a minimum, four (4) bike racks should be provided for the multi -family units, with at least one in Cluster 4 of the multi -family development. Section 26.553 ( c ) of the zoning regulations states that recreational vehicle parking/storage shall be provided in a multi -family development of over 25 units. The applicant will prohibit the storage of recreational vehicles. Page #4 23. 5treet Lights: The applicant Should provide streetlights along all public Street. Details of the proposed exterior lights Should be provided. The location of the street lights should be at least 15 feet away from the any proposed street tree. 24. Landscaping: The minimum landscaping requirement based on construction costs of the multi -family development is $92,500. Staff will need additional details to determine the proposed amount of landscaping. The plant list for the street trees should be separated form the plant material used to satisfy the minimum landscaping requirement. 25. The initial comments from the City Arborist dated June 5, 2002 are accommodated in the new plan however a couple of issues have arisen and should be addressed on the final plat plan. There are as follows: - The choice of Catalpa as a street tree is unacceptable because of the litter the tree drops which may obstruct use of the sidewalk. - 5taff requests that blocks of street trees be no larger than 5 trees of the same species in a row. This will do two things; 1) protect against blight killing a single species of tree if they are mixed up with other, and 2) be more attractive. 26. Impact Fees: The applicant was made aware that all impact fees will be applicable to the proposed residential units. 27. Traffic: A traffic impact study was submitted. A technical review of the study, which was requested by the Board at their 9/3/02 meeting, was performed by Roger Dickinson. 28. Recreation Path: The Recreation Path Committee reviewed these plans on June 3, 2002. 29. South Burlington Fire Department: The applicant is aware they must comply with all comments provided by the fire department. These comments include automatic sprinkler installation in the multi -unit buildings, and location and number of fire hydrants to be determined jointly with the 5BFD. 30.5outh Burlington Water Department: The applicant reviewed the plans to reflect requested changes from the water department. The applicant is aware they must comply with the specifications and details as outlined by the South Burlington Water. The applicant is responsible for providing any updated details and/or plans to the water department for review. 31. The applicant is working with the City and the water department to address water storage and pressure issues for the project related to the City's water system. 32.5outh Burlington City Engineer: The applicant has revised the plans to reflect requested changes from the City Engineer. The City Engineer will review the plans and note the changes to the plans and details. Page #5 33.The pump Station Should be maintained by the homeowners association. 34. FUD Criteria: The applicant Should prepare a written report addressing the FLIP criteria under Section 26.151 of the zoning regulations. 35.Other: - The plan Should make provisions for mailbox clusters if needed. The applicant Should consult with the post office on mail delivery options and obtain written confirmation of a decision from the post office. - The minimum Size of the proposed multi -family units Should be noted on the preliminary plat plan. - The applicant Should propose alternative Street names for "Old Cr000 Road Extension," "Link Road", and "Condo Road" at final plat. - The final plat Survey Should note base flood elevations. - The applicant Should provide, for review by the City Attorney, a legal document to be incorporated into the homeowners associate documents, which clearly states there will be no clearing of land or disturbance of land within the C.O. District/wetland buffer except where approved by the DR13, as Shown on the final plat plan. PEC15ION &LONDITION5 Based on the above Findings of Fact, the 5outh 1urlington Development Review Board approves preliminary plat application #5D-02-36 of John Larkin for a planned residential development consisting of: 1) the transfer of density from 42.05 acres of adjoining land to two (2) parcels totaling 61.2 acres, and 2) Subdividing a 56.2 acre parcel into 51 Single family lots and constructing 71 multi -family units in 24 buildings,1539 & 1545 Hinesburg Road, as depicted on a 22 page Set of plans, page one (1) entitled, "Marceau Meadows Hinesburg Road 5outh Burlington Vermont", prepared by Llewellyn Howley, Inc. dated March 2001, last revised on 10/28/02, 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 prior to final plat Submittal as follows: a. The plat plans Shall be revised to Show the location of the acceSS through to the Chittenden property outside of the CO District/wetland buffer. b. The plat plans Shall be revised to Show the construction of Old Cross Road Extension to the westerly property line. c. The plat plan Shall be revised to Show additional plantings to delineate the wetland buffer and property lines of multi -family units A-F and Single family lots #17-24. Page #6 J. The plat plane Shall be revised to indicate that the multi -family units have Sufficient parking for the residents and guests. e. The plat plans Shall be revised to Show the locations of bike racks, and recreational vehicle parking. f. The plat plans Shall be revised to indicate the size of the multi -family dwellings units. g. The plat plans Shall be revised to indicate in the legend the wetland buffer ae CO District. h. The plat plans shall be revised to show the location of street lights at least 15 feet from any street trees. Cut Sheets of the proposed light fixtures shall be. Submitted with the final plat application. i. The landscape plan Shall be revised to Show two Separate plant Schedules: 1) a plant lift for the multi -family buildings, and 2) a plant list for proposed Street trees. j. The landscape plan Shall be revised to Show the removal of Catalpa aS a proposed Street tree. k. The landscape plan Shall be revised to Show no more than 5 Street trees of a Single Species in a row. I. The landscape plan Shall be revised to Show Street trees located no closer than 5 feet to the water and Sewer mains. m. The plat plans shall be revised to show alternative names to the proposed streets. The new Street names Shall be approved by Staff. n. The plat plans shall be revised to address the comments of the City Engineer (11/5/02) including: 1) showing a curb out for the pumping station, 2) benchmarks shall be noted on the plans, 3) a 20'x20'triangle easement at each intersection lot for sight clearance, and 4) all roads shall be built to City standards and roadway section note on sheet 16 shall be. removed. o. The plat plans shall be revised to place the fire hydrants in a location approved by the 5outh Burlington Water Department. p. The plat plans shall be revised to address the single family lots and multi- family buildings using the E911 addressing system. 3. Prior to issuance of a zoning permit for the first lot or Start of utility or road construction, all appropriate legal documents including easements irrevocable offer of dedication and warranty deed for the proposed public roads, utility, Sewer, drainage, water and recreation path, etc.) Shall be submitted to the City Attorney for approval and recorded in the 5outh Burlington land records. Page #7 4. Prior to Start of construction of the improvements described in condition #3 above, the applicant Shall post a bond which covers the coot of said improvements. 5. In accordance with Section 501.5 of the subdivision regulations, within 14 days of - completion of required improvements (e.g., road, water mains, sanitary sewers, storm drains, recreation path, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer. 6. The final plat submittal shall include building elevation measurements above mean sea level for all structures within the Dorset Park Scenic View Protection Overlay District. This information shall include the horizontal distance from each lot to the baseline and the maximum elevation permitted for each lot expressed in elevation above mean sea level. 7. All multi -family dwellings shall be furnished with automatic residential sprinklers. 8. The stormwater detention facilities and the pumping station shall be privately owned and maintained by the homeowners association. 9. 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. 10. Prior to issuance of the first zoning permit, the applicant shall submit homeowners documents, approved by the City Attorney, which include language as follows: 1) that the garages will not be turned into living spaces, 2) that there will be no clearing of land or disturbance of land within the CO District/wetland buffer except where approved by the DRD, and shown on the final plat plan, 3) that the use of pesticides on the multi -family lots, single family lots, and reserved open space is prohibited, and 4) that the homeowners association will be responsible for maintaining stormwater retention ponds. 11. The applicant shall obtain written confirmation on location of mail delivery (cluster or individual mailboxes) from the post office for the proposed planned residential development prior to final plat submittal. 12. Pursuant to Section 6.607 of the South Burlington Zoning Regulations, the board modifies the frontage requirement for lot #16. The modification consists of reducing the frontage from 85 feet to 60 feet. 15. The applicant shall post a landscape bond prior to permit issuance in an amount of $92,500 for the proposed landscaping for the multi -family housing. 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. The amount of the landscaping bond for the street trees shall be determined at final plat. Page #8 14. Pursuant to 5ection 3.503 (a) — (e) of the zoning regulations, the Board approves encroachment into the CO District/wetland buffer of wetlands b, d, e f, g,harid 1. 15. Pursuant to 5ections 6.602 and 6.606 of the 5outh Durlington Zoning Regulations, the Board approves development within the restricted area. It is the Board's opinion that allowing residential development activities in the restricted areas as shown on the approved plans is consistent with the intent and purpose of the 5outheast Quadrant District. 16. The developer shall be responsible for purchase and installation of all traffic signs. 17. The final plat submittal shall include correspondence from the South Burlington 5chool District evaluating the potential impact this project may have on the school system. 18. The final plat submittal shall include a written report addressing the PUD/PRD criteria under 5ection 26.151 of the zoning regulations. 19. There shall be no filling, mowing, disturbance, or destruction of that area of the approved subdivision which is designated on the approved plat as wetland and the 50 foot wide buffer adjoining the wetland except that the buffer may be mowed once per year. 20. The fire hydrant number and locations shall be approved by the South Burlington Water Department and the South Burlington Fire Department. 21. Pursuant to Section 6.604 (b) of the zoning regulations, the Board approves the assignments of all the residential development density calculated from the 42.05 acre adjoining parcel to the south to the parcel being developed. 22. The specific traffic mitigation measures to be undertaken by the applicant and the timing for the construction of these improvements shall be determined at final plat. 25. The final plat application Shall be submitted within 12 months. 13 Chairzc� Date 5outh Burlington Development Review Board Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V5A 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 V5A 4472 (d) (exclusivity of remedy; finality).