HomeMy WebLinkAboutSD-00-17 - Decision - 1550 Hinesburg Road#SD-00-17
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application of the Van Sicklen Limited Partnership to amending a
previously approved planned residential development consisting of 55 single family lots on 61.8 acres,
1550 Hinesburg Road.
On the 2nd of May, 2000, the South Burlington Development Review Board approved the final plat
application under Section 204 of the South Burlington Subdivision Regulations based on the
following findings:
This project consists of amending a previously approved planned residential development
consisting of 55 single family lots on 61.8 acres. The amendment consists of subdividing a 61.77
acre parcel into 57 lots resulting in: 1) 28 single family lots, 2) a 10.57 acre lot for an existing
single family dwelling, 3) a 6.89 acre lot within which includes 20 building envelope lots, 4) five
(5) open space lots, and 6) a 0.11 acre parcel to be conveyed to an adjoining property owner,
1550 Hinesburg Road.
2. The owner of record is the Van Sicklen Limited Partnership.
3. This property located at 1550 Hinesburg Road lies within the Southeast Quadrant District,
Conservation Open Space District, Floodplain Overlay District, and Hinesburg Road — South
View Protection Zone. It is bounded on the north by Van Sicklen Road, on the east by a single
family dwelling, on the west by Hinesburg Road, and on the south by farm land.
4. Access: Access is proposed to be provided by a new city street intersecting with Van Sicklen Road
at the same two (2) points that the streets in the previous proposal intersected with Van Sicklen Road.
A private street with one (1) connection to the new City street is proposed to serve 19 single family
lots. Section 401.10)(1)(a) of the Subdivision Regulations requires a public street if the roadway
serves four (4) or more separate residential lots or single family detached units. The preliminary plat
had these units as duplexes (multi -family) and the Board allowed them to be served by a private street.
Now that they are single family dwellings, the Board must determine whether to require a public street
or allow a private road. Staff was concerned that sometime in the future, the residents will request the
City take over the road which will not meet the City street standards. This situation has happened
twice, at Valley Ridge and the Dover Street, Derby Circle area with only 30 foot no.w.'s. A 60 foot
r.o.w. is proposed to extend from the new public street southward to the southern boundary. This
private r.o.w. will provide access to three (3) single family lots (lots #15, 16 and 17).
5. Lot size/frontage: Single family lots #2, 3, 10, 12, 13, 14, 16; pump station lot #51 and open
space lot #50 will not meet the minimum lot size requirement of 12,000 square feet. Single family
lots #13, 15, 16, 17, 20, 21, 23, 27, 28, 29, and open space lot #51 do not meet the minimum
frontage requirement of 85 feet. The Development Review Board pursuant to Section 6.607 of
the zoning regulations may modify the lot size and frontage requirements. These requirements
were modified as part of the preliminary plat approval.
6. Density: This 61.77 acre parcel generates a maximum of 74 units (1.2 x 61.77) for development.
The acreage of development area as shown on the SEQ zoning map is 24.7 acres which allows
a maximum of 98.8 units (4 x 24.7) to potentially be developed on this property. Since the parcel
generates a maximum of 74 units and 49 units are proposed, density limits will not be exceeded.
7. Non -buildable area: There is no development proposed within the non -buildable area as shown
on the SEQ zoning map.
8. Coverage/setbacksCcarriage house units parcel): Building coverage is 19.9% (maximum allowed is
20%). Overall coverage is 34.2% (maximum allowed is 40%). Setback requirements are met.
9. Wetlands: Wetlands on the property have been delineated. Their boundaries, with associated
buffer/C.O. District boundaries, are shown on the plan. Only a portion of lot #50 (sewer pumping
station lot) is located in the wetland/C.O. District buffer.
10. C.O. District: The C.O. District boundaries are shown on the plan. The construction of the
sewer pump station on lot #50 will not encroach into the C.O. District.
11. PRD criteria: The applicant submitted a report with final plat submittal which addresses the PRD
criteria contained in Section 26.151 of the zoning regulations for this plan. This report complies
with the criteria contained in Section 26.151 of the Zoning Regulations.
12. Traffic: No additional traffic information needed. The traffic study for the previous plan was for
64 units and this proposal is for 16 fewer units.
13. Sewer: The sewer allocation requested is 22,488 gpd (includes 20% reduction allowed by State).
The applicant will be required to pay the per gallon fee prior to permit issuance. Staff
recommended a condition that any portion of the project not developed within ten (10) years of
final plat approval would require re -approval for sewer allocation.
14. Scenic View Protection: The plan shows the limit of the Scenic View Protection. No
development is proposed within this area.
15. Landscaping: The minimum landscaping requirement for the multi -family portion of the project
based on building costs, is $17,500. The proposed street trees have an estimated value of
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$23,355.
16. Recreation path: There is an existing 20-foot wide path easement at the southeast corner of the
property along Muddy Brook. The Recreation Path Committee reviewed this proposal. The
Committee recommended an eight (8) foot wide asphalt path in place of a five (5) foot concrete
sidewalk within the street r.o.w. extending in a north -south direction as shown on the map
attached to the Rec. Path Committee memo. They also recommended a 30 foot easement
extending easterly from Hinesburg Road adjacent to the south boundary to the 60 foot r.o.w. to
the Auclair property. The existing recreation path at the southeast corner of the property is
shown on the survey plat.
17. Mail delivery Applicant indicated that individual mailboxes will provide delivery for each home.
18. School impact: The school impact letter for the 64 lot proposal is acceptable for this proposal.
19. Floodplain Overlay District: The plan shows the floodplain limits along Muddy Brook.
20. Street names: The final plat plan includes proposed street names for the new public and private
streets.
21. E911 addressing: The final plat submittal includes a list of street addresses for the entire
development using the E911 addressing system.
22. Other: Each carriage house unit and house will be assessed road, school and recreation impact
fees in accordance with the South Burlington Impact Fee Ordinance. The developer/homeowner's
association should be responsible for maintenance of the retention basins.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
final plat application #SD-00-17 of The Van Sicklen Limited Partnership to amend a previously approved
planned residential development consisting of 55 single family lots on 61.8 acres. The amendment consists
of subdividing a 61.77 acre parcel into 57 lots resulting in: 1) 28 single family lots, 2) a 10.57 acre lot for
an existing single family dwelling, 3) a 6.89 acre lot which includes 20 building envelope lots, 4) five (5)
open space lots, and 5) a 0.11 acre parcel to be conveyed to an adjoining property owner; 1550 Hinesburg
Road, as depicted on a 17 page set of plans, page two entitled, "The Old Stone House Farm A Planned
Residential Development South Burlington, Vermont Site Plan," prepared by Lamoureux & Dickinson
Consulting Engineers, Inc., dated 12/1/99, last revised on 3/3/00, 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 road, and utility, sewer, drainage, water and recreation 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 fourteen (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 below and shall require approval of the Director of
Planning & Zoning (hereinafter Director). Four (4) copies of the approved revised plans shall be submitted
to the Director prior to recording:
a) The final plat plans shall be revised to show the sidewalk constructed one (1) foot from
the r. o.w. line. The water shut off shall be placed within the one (1) foot area.
b) The final plat plans shall be revised to show an easement outside the public street now.
for telephone, T.V. and electric lines to include transformers and connection boxes.
c) The final plat plans shall be revised to show the relocated recreation path easement
extending east -west across lots #1 and 55 as discussed at the meeting.
6. The Development Review Board approves a sewer allocation of 22,488 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 reapproved by the South Burlington
Development Review Board. The applicant shall be required to pay the per gallon fee prior to permit
issuance.
7. Pursuant to Section 401(k)(1)(b) of the subdivision regulations, the Development Review Board
approves a private street to serve a 19 lot portion of the development with one connection to a public
street (lots #31 - 49).
8. Pursuant to Section 6.607 of the zoning regulations, the Development Review Board modifies the lot
sizes of lots #2, 3, 10, 12, 13, 14, 16; pump station lot #51 and open space lot #50.
9. Pursuant to Section 6.607 of the zoning regulations, the Development Review Board modifies the
frontage requirements of lots #13, 15, 16, 17, 20, 21, 23, 27, 28, 29, and open space lot #51.
10. Sewage pumping station alarm shall be silent type and it shall be tied into the City Scada system.
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11. The applicant shall post a $23,355 landscape bond for street trees prior to start of road construction
and a $27,500 landscape bond for the carriage house project prior to issuance of a permit. These bonds
shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good
chance of surviving.
12. Prior to recording the final plat plans, the applicant shall record a `Notice of Condition" approved by
the City Attorney which states that for zoning and subdivision purposes the envelope lots (lots #30 - 49)
and the remaining common land will be considered one (1) lot (e.g., coverage and setback requirements).
13. The developer/homeowner's association shall be responsible for maintenance of the retention basins.
This requirement shall be made part of the homeowner's association documents which shall be approved
by the City Attorney prior to the issuance of the first zoning permit.
14. The Van Sicklen Road 15 inch culvert entrance shall be plastic not C.M.P.
15. Trees shall not be planted on top of water and sewer mains.
16. The applicant shall provide enough detail in the plans to persuade the City Engineer that back flow
into the drains will not be a problem.
17. Concrete sidewalks shall be five (5) inches thick except in driveways where it shall be eight (8) inches
thick.
18. Manhole invert shelf shall be for the full diameter of the intercepting pipes.
19. The plan is to be designed to meet the needs of the Fire Department regarding residential safety. The
applicant shall consult with the Fire Department regarding the proposed hydrant locations. If the locations
are changed, revised plans shall be submitted prior to recording the final plat plans.
20. The sewer main serving the private street (Fieldstone Drive) shall be a private line maintained by the
adjacent property owners.
21. The Development Review Board acknowledges that the recreation path easement will be subject to
the conditions setforth in a letter dated 1/7/00 from Robert A Snyder to Bruce O'Neill which were found
to be acceptable to the Recreation Path Committee.
22. Any change to the final plat plans shall require approval of the South Burlington Development Review
Board.
23. The final plat plans (sheets 1, 3-6 & 13-16) shall be recorded in the South Burlington land records
within 90 days or this approval is null and void. The plans shall be signed by the Development Review
Board Chair or Clerk prior to recording. 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 Clerk
outh Burlington Development Review Board
6 161,--, bo 0
Date