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HomeMy WebLinkAboutSD-97-0001 - Decision - 1550 Hinesburg RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN S F - ` G7 -7 o0 CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Nile & Julie Duppstadt and John & Deborah Alden for a planned residential development consisting of 62 single family lots on 62.4 acres of land, 1550 Hinesburg Road and Van Sicklen Road. On the 15th day of July, 1997, the South Burlington Planning Commission approved the request of Nile & Julie Duppstadt and John & Deborah Alden for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This proposal consists of the resubdivison of six (6) lots into 62 lots involving 62.4 acres. This property is currently developed with a single family dwelling and related accessory buildings. Preliminary plat was approved on 3/25/97. 2. This property located at 1550 Hinesburg Road lies within the SEQ Zoning District, C.O. 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. 3. Access: Access to this development is proposed by: 1) a 950 foot long cul-de-sac street with access to Van Sicklen Road to be known as Fieldstone Lane, 2) a 1500 foot long cul-de-sac street with access to Van Sicklen Road to be known as Old Stone House Lane, 3) a 300 foot long loop street with access to Old Stone House Lane to be known as Puddingstone Lane, 4) a private road serving three (3) lots (#54-56) with access to Old Stone House Lane to be known as Cobblestone Way, 5) a private road serving three (3) lots (#18-20) with access to Fieldstone Lane, 6) a private road serving four (4) lots #2-5 with access to Hinesburg Road, 7), three curb cuts (two (2) new and one (1) existing) on Van Sicklen Road serving lots #1, 6, 7 and 8, 8) a private road serving lots #38 and 39, and 9) a private road serving lots #45 and 46. 4. Fieldstone Lane and Old Stone House Lane, which have lengths of 950 and 1500 feet respectively, exceed the maximum length of cul- de-sac streets provided in Section 401.1(g) of the subdivision regulations. The maximum length allowed is 850 feet. The Commission waived this requirement pursuant to Section 513.1 of the subdivision regulations as part of preliminary plat approval (condition #8). 5. A 20 foot wide emergency road and path is proposed which would connect Fieldstone Lane with Old Stone House Lane. This emergency 1 road would be built to withstand the weight of any emergency vehicle, and the road would be maintained and plowed by the Homeowner's Association. The same 20 foot wide specifications would apply to the private roads. 6. All roads (except private ones) would be built to City standard with the exception of reduced radius and tangent at the beginning of Fieldstone Lane. 7. Section 401.1(j)(1)(a) of the subdivision regulations requires a public road if the proposed roadway serves four (4) or more separate residential lots or single family detached units. The applicant is proposing one (1) roadway serving four (4) single family detached units (lots #2-5). This requirement was waived as part of preliminary plat approval (condition #9). 8. A r.o.w. is being reserved at the end of Fieldstone Lane and Puddingstone Lane which would allow for road connections if and when the Auclair property to the south is developed. This is consistent with Section 401.1(a) of the subdivision regulations. The plat should show these street extensions as separate areas to be dedicated to the City. The reason for this is that the City doesn't have to accept these extensions until the road is extended. 9. Lot size/frontage: All lots will meet the minimum lot size requirement of 12,000 square feet. All lots will meet the minimum frontage requirement of 85 feet on a local street and 100 feet on an arterial/collector street. 10. Density: This 62.4 acre parcel generates a maximum of 74 units (1.2 x 62.4) 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 62 lots are proposed, density limits will not be exceeded. 11. Non -buildable 32-62 are located zoning map. The approval, approved (condition #11). area: All or portions of lots 1-12, 20, 27 and in a non -buildable area as shown on the SEQ Commission, as part of the preliminary plat these lots to be located in restricted areas 12. Wetlands: Wetlands on the property have been delineated. Their boundaries, with associated buffer/C.O. District boundaries, are shown on the plan. The proposed crossing of the C.O. District (wetlands) by roadways is permitted under Section 3.20 of the zoning regulations. 13. C.O. District: There are a number of C.O. Districts on the property. The plans show C.O. Districts along the wetlands, streams and drainageways. The final plat shows all existing streams/drainageways with the corresponding C.O. Districts 2 including the C.O. District along Muddy Brook. The C.O. District along the existing wetlands is noted as "wetland buffer/C.O. District." The Natural Resources Committee reviewed this plan and submitted comments. 14. The future tennis courts are located in the C.O. District. Section 3.401 of the zoning regulations prohibits tennis courts in the C.O. District. The Planning Commission under Section 3.503 of the zoning regulations may allow this encroachment if it does not affect adversely the attributes provided in (a) - (e) of this section. Staff recommended that the tennis courts be moved entirely outside of the C.O. District. 15. PRD criteria: The applicant submitted reports which address the PRD criteria contained in Sections 6.606 and 26.151 of the zoning regulations for this plan. 16. Traffic: The applicant submitted a revised traffic impact analysis for the 64 lot proposal which would be applicable to this proposal. A response to questions about the grades on Van Sicklen Road and available headlight related sight distance from the proposed access points on Van Sicklen Road was submitted. Road B was relocated 40 feet to the west to insure that headlights of vehicles approaching from the west will be visible at all times. 17. Sewer: The sewer allocation requested for this proposal is 32,088 gpd. It is the Commission's policy to grant sewer allocation for a 10 year period. Any portion of the project not developed within this time period would require reapproval for sewer allocation. 18. Scenic View Protection Zone: A portion of the development is located within the Hinesburg Road - South View Protection Zone (lots #44-48). The VZP boundary is shown on the plan. The applicant has provided information regarding the maximum height of buildings allowed on lots located within the VPZ. The height restrictions will be met. 19. Lighting: Street lights are shown and they are the type maintained by GMP. 20. Landscaping: The value of the proposed landscaping is $33,580. The landscaping plan meets the requirements of Section 412.4 of the subdivision regulations (preliminary plat condition #6j). 21. Recreation path/pedestrian trail: This proposal includes a five (5) foot wide gravel path with an eight (8) foot easement centered on the path along Van Sicklen Road. The legal documents for this easement should not preclude the City from paving the path some time in the future if it so chooses. The City's Comprehensive Plan and Official Map show a future recreation path along Muddy 3 Brook. The plan shows a reserved r.o.w. along Muddy Brook. The r.o.w. is located outside of the floodplain and wetlands (preliminary plat condition #6b). 22. Mailbox cluster: The proposed sheep shed along Fieldstone Lane meets the front yard setback requirement (preliminary plat condition #6p). The sheep shed will no longer be used as a mailbox cluster. Two (2) mailbox clusters are proposed outside of the street r.o.w. along Fieldstone Lane and Old Stone House Lane. 23. The Homeowner's Association documents will indicate that snow removal and maintenance of the mailbox clusters will be their responsibility (preliminary plat condition #14). 24. School impact: The school impact letter for the 64 lot proposal is acceptable for this proposal. 25. Floodplain Overlay District: The plan shows the floodplain limits along Muddy Brook. 26. Wildlife: The applicants submitted a report from their wildlife expert. 27. Other: --- each unit and house will be assessed road, school and recreation impact fees in accordance with the South Burlington Impact Fee Ordinance. --- cover sheet should be revised to reflect revised street name for road "B". --- the plats should include the metes and bounds information for the emergency access road and shared driveways. -- the plans must include base flood elevation data (preliminary plat condition #6f). --- comments from the water department were required to be submitted with the final plat submittal (condition #15). This condition has not been met. --- the proposed tennis courts should be shown in their revised location on the grading plan. Grading for these courts should also be shown. --- an easement line should be used on the plat to indicate the boundaries of the pump station easement. --- the plat should include a note that easements will be centered on the proposed pipes. DECISION & FINDINGS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Nile and Julie Duppstadt and John and Deborah Alden for a planned residential 4 development consisting of 62 single family lots on 62.4 acres of land, 1550 Hinesburg Road and Van Sicklen Road, as depicted on a 23 page set of plans, page two (2) entitled, "The Old Stone House Farm Hinesburg & Van Sicklen Roads South Burlington, Vermont Overall Site Plan", prepared by Lamoureux, Stone & O'Leary Consulting Engineers Inc., dated 11/25/96, last revised 7/2/97 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 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, 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. 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 registered engineer. 5. The proposed five (5) foot wide gravel path along Van Sicklen Road shall be constructed prior to occupancy of the first residential lot. 6. The plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat plans shall be submitted to the City Planner prior to recording: a) The survey plats (sheets #18,19, & 20) shall be revised to show the street extensions at the end of Fieldstone Lane and Puddingstone Lane as separate areas to be dedicated to the City. b) The plans shall be revised to relocate or remove the tennis court so that it is entirely outside of the C.O. District. c) The Finish Grades Site Plan shall be revised to show the final grades for the tennis court. d) The cover sheet shall be revised to reflect the revised street name for road "B". W e ) The survey plats ( sheets #19 & 20 ) shall be revised to include the metes and bounds information for the emergency access road and shared driveways. f) The plans shall be revised to include base flood elevation data. g) The survey plat (sheet #19) shall be revised to redraw the boundaries of the sewer pump station easement to not include the mailbox cluster. h) Site plan sheets # 1, 3, Z and Finish Grades Site Plan shall be revised to relocate the mailbox cluster along Fieldstone Lane so that it is located outside of the 20 foot wide storm easement. i) The survey plats (sheets #19 and 20) shall be revised to include a note that easements will be centered on proposed pipes. j) The survey plats shall be revised to include a note that prohibits the filling, mowing, disturbance or destruction of the wetland and 50 foot wetland buffer located along the drainageway, except that the 50 foot wetland buffer may be mowed once a year. 7. The Planning Commission approves a sewer allocation of 32, 088 g.p.d. 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 Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 8. Pursuant to Section 513.1 of the subdivision regulations, the Planning Commission waives the length of cul-de-sac limitation provided in Section 401.1 (g) of the subdivision regulations for proposed roads "A" (Fieldstone Lane) and "B" (Old Stone House Lane). 9. Pursuant to Section 513.1 of the subdivision regulations, the Planning Commission waives the requirement of Section 401.1 (j) (1) (a) which requires a proposed roadway serving four (4) separate residential lots to be publicly owned. This waiver specifically applies to the private road (French Hill Lane) serving lots # 2-5. 10. Pursuant to Section 513.1 of the subdivision regulations, the Planning Commission varies the street standards provided in Section 401.1 (i) of the subdivision regulations to allow reduced radius and tangent at the beginning of road "A" (Fieldstone Lane). 11. Pursuant to Sections 6.602 and 6.606 of the zoning 0 regulations, the Planning Commission allows the following residential lots or portions of residential lots to be located in restricted areas: lots #1-12, 20, 27, and 32-62. It is the Planning Commission's opinion that allowing residential development activities on the above lots is consistent with the intent and purpose of the Southeast Quadrant District for the following reasons: a) Scenic corridor along Hinesburg Road is being maintained by locating building envelopes back behind tree line and stone wall, b) significant wetlands and streams are being protected, and c) both Muddy Brook and important wildlife habitat along Muddy Brook is being protected. 12. The removal of vegetation outside of the building envelopes for lots #2-5 shall be prohibited. 13. The applicant shall post a $33,580 landscape bond prior to the start of road construction. 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. 14. The owners of the lots approved hereby shall be responsible for the installation and the maintenance of common mailbox facilities that comply with 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 reasonable access to the boxes during the winter months. The City of South Burlington shall not be responsible for installation or maintenance of the common mailbox facilities, including snow and ice removal during the winter months. 15. The owners of the lots approved hereby shall be responsible for the installation and maintenance of the emergency access road shown on the plan. The lot owners shall also be responsible for snow removal so the emergency access road remains open and passable by emergency vehicles during the winter months. The City of South Burlington shall not be responsible for installation or maintenance of the emergency access road, including snow and ice removal during the winter months. 16. 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 or the 50 foot wide buffer adjoining the wetland except that the buffer may be mowed once per year. Any deed conveying lots 17-20, 34, 36-39, and 57-63, or any interest in such lots, shall contain the following condition: 7 A portion of the property conveyed hereby contains a wetland area or buffer adjoining a wetland as shown on a plan entitled "The Old Stone House Farm, Hinesburg & Van Sicklen Roads, South Burlington, Vermont, Overall Site Plan," prepared by Lamoureux, Stone & O'Leary Consulting Engineers, Inc., dated , 19 and recorded in Map Volume , at Page , of the City of South Burlington Land Records. By acceptance of this conveyance, Grantee agrees not to fill, mow, disturb, or destroy the wetland, the associated buffer, or any portion thereof except that the buffer may be mowed once per year. Grantee further agrees to prohibit any person from filling, mowing, disturbing, or destroying the wetland, its associated buffer, or any portion thereof. 17. Prior to recording the final plat plans, the applicant shall record in the land records, a "Notice of Conditions" which addresses condition Vs 14-16 above. The "Notice of Conditions" shall require approval of the City Attorney prior to recording. 18. Applicant shall submit plans to the Water Department for review prior to recording the final plat plans. 19. At locations where concrete thrust blocks are called for, the pipe being blocked shall be wrapped with plastic to prevent the concrete from bonding to it. 20. The applicant shall use tees instead of Y branches where sewer services connect to the street main sewer. 21. The applicant shall be responsible for upgrading the Lane Press sewage pumping station to accommodate the sewage from this development. The plan for upgrading the pumping station shall require approval of the City Engineer prior to issuance of the first zoning permit. 22. Back flow preventers shall be installed in homes where a large storm will result in a back up of the foundation drains. 23. The sewage pumping station site shall be large enough to accommodate additional emergency storage tanks. 24. The water booster station shall be private. It shall be abandoned in the future when the City system pressure improves in the area and connection is made at owners expense. 25. Where concrete sidewalks cross emergency access road and private lanes, the thickness of the concrete shall be increased to 8 inches. 26. Sewer services to the individual lots shall come off the main where possible, at 90 degrees and extend to the lot line. 90 degree tee's may be used. i 27. Lane "E" sewer main should terminate with a manhole and run straight to MH #19. It should be 8 inch in size. 28. Force main easement shall be graded such to allow a vehicle access over it. Culverts may be necessary in some spots. 29. Sewer manholes 9 and 21 should include stubs so the lines can be extended in the future. 30. Trees must not be planted on top of water mains or sewer mains. 31. Street lights should be in place before the lots are built on or owners made aware of their location. 32. Buildings and structures shall be located within the building setback areas as shown on sheet 1. 33. The final plat plans (sheets 1, 18, 19 and 20) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission 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 City Planner. Chairman or Clerk South Burlington Planning Commission T /4 Date 9