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
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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
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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
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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
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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
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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:
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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.
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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
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