HomeMy WebLinkAboutSD-99-86 - Decision - 1550 Hinesburg Road#SD-99-86
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat application of the Van Sicklen Limited Partnership to amend
a previously approved planned residential development consisting of 55 single family lots on 61.8
acres.
On the 1't of February, 2000, the South Burlington Development Review Board approved the
preliminary plat application of the Van Sicklen Limited Partnership under Section 203 of the South
Burlington Subdivision Regulations based on the following findings:
1. This project consists of subdividing a 61.77 acre parcel into 58 lots resulting in: 1) 28 single family
lots, 2) a 10.57 acre lot for an existing single family dwelling, 3) a 6.03 acre parcel consisting of nine
(9) two-family dwellings, two (2) single family dwellings, 28 footprint lots and an open space lot, 4)
five (5) open space lots, and 5) an 0.11 acre parcel to be conveyed to an adjoining property owner,
1550 Hinesburg Road.
2. The owners of record of this particular property are Nile and Julie Duppstadt.
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.
Applicant should explore the feasibility of moving the westerly access to the west to preserve a larger open
space area. A private street with one (1) connection to the new City street is proposed to serve nine (9)
duplex buildings and a single family dwelling (19 units). Section 401(k)(1)(b) of the subdivision
regulations requires that a multi -family residential development must have two (2) points of access on a
public road. The Development Review Board may approve more than ten (10) units if it determines that
increasing the number of units served by a private roadway will not have an adverse effect on the public
good and welfare of the community. 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.
6. Do5ity: 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/setbacks (multi-familyarcel): Building coverage is 22.9% (maximum allowed is 20%).
Building coverage is being exceeded on the multi=family parcel but when the entire development is
considered, building coverage is not exceeded. Overall coverage is 39.3% (maxim= 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 should submit a report with final plat submittal which addresses the PRD
criteria contained in Section 26.151 of the zoning regulations for this plan.
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 ofthe 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. Lighting: Details (cut -sheets) for the building mounted fights on the duplexes should be submitted with
the preliminary plat submittal. These lights must be downcasting-shielded fixtures.
16. Landscaping: The minimum landscaping requirement for the multi family portion of the project based
on building costs, is $17,500. The landscaping schedule should separate out the hndscaping for the multi
family project from the rest of the project in order to determine compliance with the landscaping
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requirement. The proposed street trees have an estimated value of $23,355.
17. 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
recommends 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 recommend 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 should be shown on the survey plat.
18. Mail delivery: Applicant indicated that individual mailboxes will provide delivery for each home.
19. School impact: The school impact letter for the 64 lot proposal is acceptable for this proposal.
20. Floodplain Overlay District: The plan shows the floodplain limits along Muddy Brook.
21. Footprint lots: The applicant is proposing 20 footprint lots for the multi -family portion of the project.
A Notice of Conditions should be recorded which states that for zoning and subdivision purposes the
footprint lots and the remaining common land will be considered one (1) lot (e.g., coverage and setback
requirements). In addition, a condition should be required that states: 'Prior to the conveyance of any unit,
the "as -built" survey plat for that unit shall be approved by the Development Review Board and recorded
in the land records." The deed for each unit shall reference the "as -built" plat.
22. Street names: The final plat plan should include proposed street names for the new public and private
streets.
23. E911 addressing: The final plat submittal should include a list of street addresses for the entire
development using the E911 addressing system.
24.Other: Each duplex 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 the
preliminary plat application 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 58 lots resulting in: 1) 28 single family lots, 2) a 10.57
acre lot for an existing single family dwelling, 3) a 6.03 acre parcel consisting of nine (9) two-family
dwellings, two (2) single family dwellings, 28 footprint lots and an open space lot, 4) five (5) open
space lots, and 5) an 0.11 acre parcel to be conveyed to an adjoining property owner, 1550 Hinesburg
Road, as depicted on 17 page set of plans, page one (1) entitled, "The Old Stone House Farm, A
Planned Residential Development, South Burlington, Vermont," prepared by Lamoureux & Dickinson
Consulting Engineers, Inc. dated 12/1/99 with the following stipulations:
1. All previous approvals and stipulations that 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 landscape plan (sheet #2) landscaping schedule shall be revised to separate the
landscaping for the multi -family project from the rest of the project.
b) The plans shall be revised to show the recreation paths and easements as recommended
by the Recreation Path Committee.
c) The survey plat shall be revised to show the existing recreation path easement located at
the southeast corner of the property.
d) The plans shall include street names for the new public and private streets.
e) The plans shall be revised to show the sidewalk along the new public street constructed
one (1) foot from the r.o.w. The water service curb stop shall be installed in the one (1)
foot strip.
i) The plans shall be revised to show the infrastructure necessary to install street lights along
the public street in the future, if deemed necessary by the City.
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 (e.g., irrevocable offer of dedication and warranty
deed for the proposed public road, and utility, sewer, drainage, water, and pedestrian path, etc.) shall
be submitted to the City Attorney for approval and recorded in the South Burlington land records.
4. Prior to the start of construction of the improvements described in condition #3 above, the
applicant shall post a bond, which covers the cost of said improvements.
5. 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 registered engineer.
6. The Development Review Board approves a sewer allocation of 22,488 gpd (includes 20%
reduction allowed by State). The sewer allocation shall remain in effect for ten (10) years from the
date of final plat approval. Any lots that have not been developed within ten (10) years shall lose
their allocation unless re -approved 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 multi -family project with one (1) connection to a public street.
8. Pursuant to Section 6.607 of the zoning regulations, the Development Review Board modifies the
frontage requirements of single family lots #2, 3, 10, 12, 13, 14, 16; pump station lot #51 and open
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space lot #50.
9. Pursuant to section .607 of the zoning regulations, the Development Review Board modifies the
frontage requirements of single family lots #13, 15, 16, 17, 20, 21, 23, 27, 28, 29, and open space
lot #51.
10. The final plat submittal shall include a report that addresses the PRD criteria contained in Section
26.151 of the zoning regulations.
11. The applicant shall post a $23,355 landscape bond for street trees prior to road construction and
a $27,550 landscape bond for the multi -family 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. The final plat submittal shall include details (cut -sheets) for the building mounted lights on the
duplexes. These lights shall be downcasting and shielded.
13. Prior to recording 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 footprint lots and the
remaining common land will be considered one (1) lot (e.g., coverage and setback requirements).
14. Prior to the conveyance of any unit, the "as -built" survey plat for that unit shall be approved by
the Development Review Board and recorded in the land records. The deed for each unit shall
reference the "as -built" plat.
15. The final plat submittal shall include a list of street addresses for the entire development using the
E911 addressing system.
16. The developer/homeowner's association shall be responsible for maintenance of the retention
basins. The requirement shall be made part of the homeowner's association documents that shall be
approved by the City attorney prior to the issuance of the first zoning permit.
17. Culvert pipe shall be plastic not metal.
18. Trees shall not be planted on top of water and sewer mains.
19. Back flow preventers shall be installed in footing drains of each unit. The developer shall submit
to the City Engineer, "as -built" construction drawings certified by a registered engineer.
20. Concrete sidewalks shall be five (5) inches thick except in driveways where it shall be eight (8)
inches thick.
21. Manhole invert shelf shall be for the full diameter of the intercepting pipes not 60% as plans show.
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22. The sewage pumping station alarm must not be an audio type.
23. The duplex buildings shall be equipped with residential sprinklers.
24. The final plat submittal shall include details for the proposed fencing.
25. The final plat application shall be submitted within 12 months.
Chair or Clerk
Soh Burlington Development Review Board
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