HomeMy WebLinkAboutSD-97-0000 - Decision - 1550 Hinesburg RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT S Y - / -7- v b 0b
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Nile and Julie Duppstadt and
John and Debrorah 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 25th day of March, 1997, the South Burlington Planning
Commission approved the request of Nile and Julie Duppstadt and
John and Debrorah Alden for preliminary plat approval under Section
203 of the South Burlington Subdivison 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.
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 known
as road "A", 2) a 1500 foot long cul-de-sac street with access to
Van Sicklen Road known as road "B", 3) a 300 foot long loop street
with access to road "B" known as road "C", 4) a private road
serving three (3) lots (#54-56) with access to road "B", 5) a
private road serving three (3) lots (#18-20) with access to road
"A" 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. Roads "A" and "B", 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 may waive or
vary this requirement pursuant to Section 513.1 of the subdivision
regulations.
5. A 20 foot wide emergency road and path is proposed which would
connect road "A" with road "B" . This emergency road would be built
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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 road "A".
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).
8. A r.o.w. is being reserved at the end of roads "B" and "C"
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.
9. Lot size/frontage: It appears that all lots will meet minimum
lot size and frontage requirements. This information will be
verified with the final plat when the metes and bounds information
is provided for the interior lot lines.
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 area: All or portions of 42 lots are located in
a non -buildable area as shown on the SEQ zoning map. The
boundaries of the non -buildable area should be shown on the plan
and the acreage indicated. Since development activity is proposed
in a restricted area, the applicant must address the criteria in
Section 6.606 of the zoning regulations.
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 should show all existing
streams/drainageways with the corresponding C.O. Districts
including the C.O. District along Muddy Brook. The C.O. District
along the existing wetlands should also be noted as such, perhaps
"wetland buffer/C.O. District." The Natural Resources Committee
has reviewed this plan and submitted comments.
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14. Large portions of lots #34-39 and 57-62 consist of wetland and
wetland buffer area. Consideration should be given as to how to
discourage human activity in the wetland and corresponding buffer.
Perhaps rear lot lines should be drawn along edge of buffer, trees
planted along buffer boundary, deed restrictions, etc. Lot #39
appears to be very constricted.
15. PRD criteria: The applicant should submit a report which
addresses 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 should be shown on the plan. The
applicant should provide information regarding the maximum height
of buildings allowed on lots located within the VPZ.
19. Lighting: Street lights are shown and they are the type
maintained by GMP.
20. Landscaping: The final plat should include a landscaping plan
meeting the requirement of Section 412.4 of the subdivision
regulations. The quantity, type and size of proposed street trees
should also be included on the plan.
21. Recreation path/pedestrian trail: This new proposal includes
a five (5) foot wide gravel path with an eight (8) foot easement
centered on the path along Van Sicklen Road. This is similar to
the path proposed on the 64 lot proposal. The City's Comprehensive
Plan and Official Map show a future recreation path along Muddy
Brook. The plan should show a reserved r.o.w. along Muddy Brook.
The r.o.w. should be located outside of the floodplain and
wetlands.
22. Mailbox cluster: The proposed sheep shed along street "A"
(which includes a mailbox cluster) does not meet the front yard
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setback requirement. The Commission may modify this requirement
under Section 6.607 of the zoning regulations. The Homeowner's
Association documents should indicate that snow removal and
maintenance of the mailbox clusters will be their responsibility.
A mailbox cluster is provided along road "B" outside of the
proposed street r.o.w.
23. School impact: The school impact letter for the 64 lot
proposal is acceptable for this proposal.
24. Floodplain Overlay District: The plan should show the
floodplain limits along Muddy Brook.
25. Wildlife: The applicants have submitted a report from their
wildlife expert.
26. Other:
--- each unit and house will be assessed road, school and
recreation impact fees in accordance with the South Burlington
Impact Fee Ordinance.
--- provide base flood elevation data.
--- provide finished contour lines.
--- show access to lot #6
--- provide street names for final plat.
--- the open space lots and the pump station lot should be
numbered.
--- the survey plat should be revised to reflect the 62 lot
proposal.
--- enclosed is a letter from Victoria Fraser regrading zoning in
Williston.
DECISON & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary plat application of Nile and
Julie Duppstadt and John and 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, as
depicted on a 15 page set of plans, page one (1) 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 2/26/97 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 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
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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 5 foot wide gravel path along Van Sicklen Road
shall be constructed prior to occupancy of the first residential
lot.
6. The plans shall be revised prior to final plat submittal as
follows:
a) The plans shall be revised to designate the wetland buffer
boundary as "wetland buffer/C.O. District".
b) The plans shall be revised to show a 20 foot wide
recreation path easement r.o.w. along Muddy Brook in a
location outside of the flood plain and wetlands.
c) The plans shall include finished contour lines of the
entire development area.
d) The plans shall include street names approved by staff.
e) The plans shall be revised to show all elevations based on
mean sea level.
f) The plans shall include base flood elevation data.
g) The plans shall show all building envelopes including
those for lots #6, 7 and 8. The building envelopes shall be
located outside of C.O. Districts.
h) The plans shall include a sheet which shows the non -
buildable area as shown on the SEQ zoning map. The acreage of
the non -buildable area shall also be indicated on the plan.
i) The plans shall show the C.O. District along Muddy Brook.
j) The plans shall show the boundary of the Hinesburg Road -
South View Protection Zone.
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k) The plans shall include a landscaping plan meeting the
requirements of Section 412.4 of the subdivision regulations.
This plan shall also include the quantity, type and size of
proposed street trees.
1) The plans shall show the floodplain limits along Muddy
Brook.
m) The plans shall be revised to show the access to lot #6.
n) The plans shall be revised to number the open space lots
and the pump station lot.
o) Sheets 3 and 6 shall be revised to show a concrete
sidewalk for roads A and C, if determined necessary by staff.
p) The plans shall show the sheep shed meeting setback
requirements.
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
Planning Commission waives the
provided in Section 401.1(g) of
proposed roads "A" and "B".
the subdivision regulations, the
length of cul-de-sac limitation
the subdivision regulations for
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 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".
11. Pursuant to Sections 6.602 and 6.606 of the zoning
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
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stone wall, b) 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 landscape bond in an amount to be
determined at final plat. 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. Snow removal and maintenance of the mailbox clusters shall be
the responsibility of the Homeowners Association. This requirement
shall also be reflected in the Homeowners Association documents.
15. Applicant shall submit plans to the Water Department for
review prior to final plat. Comment's from the water department
shall be submitted with final plat application.
16. The applicant shall provide information regarding the maximum
height of buildings allowed on lots located within the view
protection zone.
17. 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.
18. The applicant shall use tees instead of Y branches where sewer
services connect to the street main sewer.
19. The applicant shall be responsible for upgrading the Lane
Press sewage pumping station to accommodate the sewage from this
development.
20. Back flow preventers shall be installed in homes where a large
storm will result in a back up of the foundation drains.
21. The sewage pumping station site shall be large enough to
accommodate additional emergency storage tanks.
22. The final plat application shall be submitted within 12
months.
Chairman or Clerk
South Burlington Planning Commission
i S (/`/ 7
Date
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