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HomeMy WebLinkAboutSD-94-0000 - Decision - 0000 Queensbury RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of S.D. Mansfield, Inc. to amend an approved 18 lot subdivision located at Kirby and Patchen Roads. The amendment consists of: 1) designate lots #1-16 as a planned unit development and, 2) add 400 square feet of neighborhood community meeting space to an approved duplex on lot #9. On the 11th of October, 1994, the South Burlington Planning Commission approved the request of S. D. Mansfield, Inc. for revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of: 1) designating lots #1-16 of an approved 18 lot subdivision as a planned unit development and 2) adding 400 square feet of neighborhood community meeting space to an approved duplex building on lot #9 as an accessory use to the residential planned unit development. The purpose of the meeting space is to provide space for members of the cooperative which controls lots #1-16 to meet and hold various neighborhood functions. The sketch plan was reviewed on 9 / 20 / 94 . 2. This subdivision located at the corner of Patchen Road and Kirby Road behind the existing residences on both streets lies within the R4 District. 3. The proposed meeting space will be used as follows: --- business meetings of the cooperative. These meetings are typically 6-9 persons involved in various co-op committees (legal/finance committee, maintenance/on-call committee, membership committee) and will be held primarily in the late afternoon or evening hours. --- meetings with potential new members of the cooperative and orientation to the co-op when units become vacant. These meetings would be held in the late afternoon or evening hours. --- social events such as children's birthday parties, potluck suppers, scheduled through the co-op. These activities would be limited to a maximum of 20 persons, and held primarily on weekend days or evenings. All activities would end by 11: 00 P.M. --- storage of community equipment and records. The use of this equipment would be on an as needed basis by the co-op Board of Directors or authorized members of the co-op. 4. Parking: Applicant has indicated that no additional parking is needed because the room will be used solely by the residents who will walk from their homes. 5. Sewer: The sewer allocation needed for this project is 150 gpd. The applicant should be required to pay the per gallon fee prior to issuance of a zoning/building permit. 6. Other: --- the applicant will be required to record a "Notice of Condition" which clearly identifies and legally ties together lots #1-16 as a PUD for planning, zoning and subdivision purposes. The applicant will also be required to record a "Notice of Amendment of Subdivision Approval & Declaration of PUD Approval". --- this approval should include a condition that the community space can only be used for resident/co-op related functions. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the revised final plat application of S . D . Mansfield, Inc. to amend an approved 18 lot subdivision located at Kirby and Patchen Roads. The amendment consists of: 1) designate lots #1-16 as a planned unit development and, 2) add 400 square feet of neighborhood community meeting space to an approved duplex on lot #9, as depicted on a plan entitled "Kirby/Patchen Road, South Burlington, Vermont, Site & Utilities Plan, Final Plat" prepared by Fitz Patrick -Llewellyn, Inc., dated April, 1989, with a last revision date of 2 / 28 / 91, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a sewer allocation of 150 gpd for the neighborhood community meeting space. The applicant shall pay the per gallon fee prior to the issuance of a zoning/building permit. 3. The use of the community meeting space shall be only for resident/co-op related functions. 4. The applicant shall submit for review and approval by the City Attorney a "Notice of Condition" which clearly identifies and legally ties together lots #1-16 as a PUD for planning, zoning and subdivision purposes. The applicant shall also submit for review and approval by the City Attorney a "Notice of Amendment of Subdivision Approval & Declaration of PUD Approval". These legal documents shall be recorded in the South Burlington land records within 90 days or this approval is null and void. 5. As expressly represented by the applicant, the community space shall not be used any later than 11: 00 P.M. ,v--- Chair ari erk South Burlington Planning Commission Date �- 2