HomeMy WebLinkAboutSD-99-70 - Decision - 0200 Allen Road#SD-99-70
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, preliminary plat application of John Larkin to subdivide a 28.21 acre parcel
into two parcels of 4.45 acres and 23.76 acres and to further develop the 23.76 acre parcel as a
planned residential development of 35 lots resulting in: 1) 32 single family lots, 2) a 12 unit muki-
family development consisting of six (6) duplexes, 3) a 2.48 acre open space lot, and 4) a 2.72
acre proposed city park, 200 Allen Road.
On the 2" d day of November, 1999, the South Burlington Development Review Board approved
the preliminary plat application of John Larkin under Section 203 of the South Burlington
Subdivision Regulations based on the following findings:
1. This project consists of subdividing a 28.21 acre parcel into two (2) parcels of 4.45 acres and
23.76 acres and to further develop the 23.76 acre parcel as a planned residential development of
35 lots resulting in: 1) 32 single family lots, 2) a 12 unit multi -family development consisting of
six (6) duplexes, 3) a 2.49 acre open space lot, and 4) a 2.72 acre proposed city park. The sketch
plan was reviewed on 4/13/99.
2. The owner of record of this property is John Larkin.
3. This property located at 200 Allen Road lies within the R2 District, Conservation and Open
Space District, and the Bartlett Brook Watershed Protection Overlay District. It is bounded on
the north by Harbor View Road, Harbor Ridge Road, a City Park and residences, on the west by
residences and a farm stand, on the south by Allen Road, and on the east by residences.
4. Access: Access to this development will be provided by three (3) new public streets. Bay
Crest Drive will be extended through the development to Allen Road. Harbor Ridge Road will be
extended to connect to the extended portion of Bay Crest Drive. A 350 foot long cul-de-sac
street will extend northerly from the extended Harbor Ridge Road to serve seven (7) lots.
A 20 foot r.o.w. for pedestrian access to the existing park to the north is being provided between
lots #20 and 21 extending from the cul-de-sac to the park. This pedestrian access should be
constructed as part of development. This easement should be identified on the plan as a
pedestrian easement.
Access to lot #36 with the twelve (12) unit multi -family development is proposed to be by two (2)
curb cuts, one (1) on the extended portion of Bay Crest Drive and the other on Harbor View
Road. Section 26.103(a) of the zoning regulations states that "unless specifically approved, there
shall be a maximum of one driveway per lot accessing a public street." Staff did not see a
problem with the two (2) accesses since it is a corner lot and serves twelve (12) units.
The applicant has also located the access to the proposed city park in a location and configuration
to accommodate a roadway to serve the 5.5 acre parcel to the west.
5. Lot size/frontage: Lots #1-5, 7, 9-11, 14-18, 21-32 and A, B and X do not meet the minimum
15,000 square foot lot size requirement. The Development Review Board under Section 8.404 of
the zoning regulations may modify the lot size requirement. Lot A is to be transferred from the
applicant to CWD and lot X transferred from CWD to the applicant.
Lot B should either remain part of lot #12 and do a boundary line adjustment in the future or
merge lot B with parcel B now.
Lots #4-9, 15, 18-22, 25, 26, 29, 30, 33, and 34 do not meet the minimum frontage requirement
of 100 feet. Lots #18-22 are on the outside portion of a cul-de-sac. The Development Review
Board, pursuant to Section 25.106 of the zoning regulations, may reduce the frontage
requirement to 50% of the normal requirement. Lot #33 is an open space lot and lot #34 is the
proposed City park. The Development Review Board under Section 8.404 of the zoning
regulations may modify the frontage requirements.
6. Density: The acreage of the buildable area is 20.85 acres. This results in a base maximum
density of 41.5 units (20.85 acres x 2 units/acre = 41.5). The normal maximum density is 46 units
(23.76 acres x 2 units/acre = 47.52). A total of 44 units are proposed.
7. Setbacks: The 50 foot PUD perimeter setback is not being met along the north side of lots #13
and 15. Lot # 17 is large enough to accommodate the PUD setback and still allow for a 100' x
100' building envelope. The multi -family dwellings do not meet the 50 foot PUD perimeter
setback along the rear of the building and along the south east side of building #6. The
Development Review Board under Section 8.404 of the zoning regulations may modify this
requirement. The applicant was made aware that no structures are permitted in the PUD setback
area as provided in Section 26.154(d) of the zoning regulations.
The allowable building envelopes should be as shown on the plans.
8. C.O. District/wetland buffer: This property includes drainageways and wetlands. The
drainageways and delineated wetland boundaries are shown including the associated C.O.
District/wetland buffer areas. A portion of lot 32 encroaches into the C.O. District. The Natural
Resources Committee opposes this encroachment. The final plat plan should clearly indicate the
limits of the C.O. District.
9. Bartlett Brook Watershed Protection Overlay District (BBW): This property is located within
the BBW District and is subject to the provisions of Article =II of the zoning regulations.
Applicant should submit the applicable storm water management information to Heindel and
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Noyes for inclusion into the City's stormwater hydrology computer model. The results of the
study should be incorporated into the final plat design and submitted with the final plat submittal.
10. Recreation paths/pedestrian trails: There is an existing recreation path/pedestrian trail
easement which runs along the property's frontage with Allen Road. The Recreation path
Committee reviewed these plans at their 10/4/99 meeting and have submitted comments.
11. Neighborhood Park: The applicant is proposing to dedicate a 2.72 acre parcel (lot #34) for a
City Park. Staff recommended that the applicant install an attractive fence or landscaping to
define the no.w. into the proposed park between lots #1 and 35.
12. Coverage: (Lot #36) Building coverage is 16% (maximum allowed is 20%). Overall
coverage is 30.9% (maximum allowed is 40%).
13. PUD/PRD report: The final plat submittal should include a written report addressing the
PUD/PRD criteria under Section 26.151 of the zoning regulations.
14. School impact: The final plat submittal should include a letter from the School
Superintendent regarding the impact of this development on the school system.
15. E911 addresses: The applicant should provide street numbers for the development based on
the E911 addressing system with the final plat submittal.
16. Lots A & B: The applicant is proposing to create two (2) small lots designated lots A and B.
Lot A is proposed to be exchanged with C.W.D. to obtain a portion of the C.W.D. parcel to
ensure a full width 60' r.o.w. for Harbor Ridge Road. Lot B is proposed to be retained by the
applicant for possible future transfer to parcel B. Staff did not recommend the creation of lot B as
a separate lot. This lot should be incorporated into lot # 12 with the understanding that this
portion of the lot could be transferred to parcel B in the future.
17. Landscaping_ The minimum landscaping requirement, based on building costs for the multi-
family project, is $15,500 which is being met. The landscaping southeasterly of building #6
should be relocated so that all the landscaping is within lot #36.
The proposed street trees have an estimated value of $27,222. Staff recommended that street
trees be planted the entire length of Harbor Ridge Road. The applicant is proposing a 250 foot
gap with no street trees.
18. Street lights: The applicant is proposing 10 150 watt metal halide lamps mounted on 20 foot
poles. Details (cut -sheets) for these lights should be submitted with the final plat submittal.
19. Multi -family lighting: Details (cut -sheets) for all multi -family exterior lights should be
submitted with the final plat submittal.
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20. Traffic: A traffic report submitted by the applicant was sent to the MPO for their comment.
21. Legal documents: Prior to issuance of the first zoning permit, the applicant should submit
legal documents (irrevocable offer of dedication, deeds, easements, etc.) for recording and
approval by the City Attorney.
22. Sewer: The sewer allocation requested for this development is 21,218 gpd. The applicant
will be required to pay the per gallon fee prior to permit issuance. The sewer allocation should
remain in effect for 10 years from the date of final plat approval. Any lots which have not been
developed within 10 years should lose their allocation unless reapproved by the Development
Review Board.
23. Sidewalk: The City Engineer recommended that a sidewalk be constructed along this
property's frontage with Allen Road. Staff and the Recreation Path Committee recommended an
8 foot path.
24. Other:
— the plat should be stamped by land surveyor.
— the applicant should stake the center lines of the roads as soon as possible.
— 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 John Larkin to subdivide a 28.21 acre parcel into two (2)
parcels of 4.45 acres and 23.76 acres and to further develop the 23.76 acre parcel as a planned
residential development of 35 lots resulting in: 1) 32 single family lots, 2) a 12 unit multi -family
development consisting of six (6) duplexes, 3) a 2.48 acre open space lot, and 4) a 2.72 acre
proposed city park, 200 Allen Road, as depicted on a 17 page set of plans, page two (2) entitled,
"Irish Farm South Burlington Vermont Overall Site Plan," prepared by Llewellyn - Howley, Inc.,
dated September 1999, 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, city park, and utility, sewer, drainage, water and
pedestrian path, etc.) s11all be submitted to the City Attorney for approval and recorded in the
South Burlington land records.
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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 plans shall be revised prior to final plat submittal as follows:
a) The subdivision plat shall be revised to identify the pedestrian path located
between lots #20 and 21.
b) The final plat plans (sheets, 4, 5 and 6) shall be revised to identify the C.O. District
limits.
c) The landscape plan (sheet 7) shall be revised to show an attractive fence or
landscaping to define the r.o.w. into the proposed park between lots #1 and 35.
d) The subdivision plat shall be revised to incorporate lot B into lot # 12.
e) The landscape plan (sheet 7) shall be revised to relocate the landscaping
southeasterly of building #6 so that all the landscaping is within lot #36.
f) The landscape plan (sheet 7) shall be revised to provide street trees the entire
length of Harbor Ridge Road.
g) The subdivision plat shall be stamped by a land surveyor.
h) The plans shall be revised to show all sewer main easements to be at least 15 feet
in width.
i) The final plat plans (sheet 5) shall be revised to show lot #13 meeting the 50 foot
PUD perimeter setback along the north boundary.
j) The final plat plans (sheets 4, 5 and 6) shall be revised to identify the allowable
building envelopes as such and the 50 foot PUD perimeter as such.
k) The final plat plans (sheets 4,5 & 6) shall incorporate the results of the Heindel and
Noyes stormwater management study.
1) The final plat plans shall be revised to provide for common mailbox facilities which
shall be located outside of the street r.o.w.
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6) The Development Review Board approves a sewer allocation of 21,218 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 Development Review Board. The applicant shall be required to pay the per gallon fee prior
to permit issuance.
7) The removal of vegetation within the C.O. District located on lot #32 shall be prohibited.
8) The applicant shall post a $27,222 landscape bond for street trees prior to start of road
construction and a $15,500 landscape bond for the multi -family project prior to issuance of a
permit. 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.
9) If the development has common mailbox facilities, 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.
10) Applicant shall submit plans to the Water Department for review prior to the final plat
hearing.
11) Trees must not be planted on top of water mains or sewer mains.
12) Streetlights shall be in place before the lots are built on or owners made aware of their
location.
13) Streets shall have a five (5) inch crown.
14) Sewer mains shall be bedded in 3/4 inch crushed stone.
15) Electric and telephone services shall be outside the street r.o.w.
16) The multi -family units shall be sprinklered or a fire safety plan shall be approved by the South
Burlington Fire Chief.
17) The applicant shall be required to construct the pedestrian access between lots #20 and 21
prior to the issuance of permits for lots #20 and 21.
18) Pursuant to Soption 26.103(a) of the zoning regulations, the Development Review Board
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approves two (2) access drives for lot #36, one (1) on Bay Crest Drive, and one (1) on Harbor
View Road.
19) Pursuant to Section 8.404 of the zoning regulations, the Development Review Board modifies
the lot size of lots #1 -5, 7, 9 - 11, 14 - 18, and 21 - 32 and modifies the frontage requirement of
lots #7 - 9, 15, 18 - 22, 25, 26, 29, 30, 33 and 34.
20) Pursuant to Section 8.404 of the zoning regulations, the Development Review Board modifies
the PUD perimeter setback along the west, east and south sides of lot #36.
21) No structures shall be permitted in the PUD setback area provided in Section 26.154(d) of the
zoning regulations unless approved as part of this development and shown on the approved plans.
22) The applicant shall construct an eight (8) foot wide asphalt path within the 20 foot easement
along the north side of Allen Road from the east end to the west end of the development.
23) The final plat submittal shall include a written report addressing the PUD/PRD criteria under
Section 26.151 of the zoning regulations.
24) The final plat submittal shall include a letter from the School Superintendent regarding the
impact of this development on the school system.
25) The applicant shall provide street numbers for the development based on the E911 addressing
system with the final plat submittal.
26) The final plat submittal shall include details (cut -sheets) for the proposed street lights and for
the proposed multi -family exterior lights.
27) The applicant shall stake the center lines of the roads as soon as possible.
28) The developer/homeowner's association shall be responsible for maintenance of the retention
basins.
29) The final plat application shall be su tted within 12 months.
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Chair or Clerk
South urlington Development Review Board
Date
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