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HomeMy WebLinkAboutSP-09-52 - Decision - 1200 Airport Drive#S,P-09-52 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF BURLINGTON/BIA -1200 AIRPORT DRIVE SITE PLAN APPLICATION #SP-09-52 FINDINGS OF FACT AND DECISION City of Burlington/Burlington International Airport, hereafter referred to as the applicant, requests site plan re -approval to amend a previously approved plan for a 297,000 sq. ft. three (3) level parking garage addition for 2,075 spaces. The amendment consists of revising the landscaping plan. The Development Review Board held a public hearing on July 7, 2009. Michael Lawrence represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant requests site plan re -approval to amend a previously approved plan for a 297,000 sq. ft. three (3) level parking garage addition for 2,075 spaces. The amendment consists of revising the landscaping plan. 2. The application was received on June 15, 2009. 3. The owner of record of the subject property is the City of Burlington/ Burlington International Airport 4. The subject property is located in the Airport Zoning District. 5. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "Terminal Roadway and Expansion Project — 2004-2005 Burlington International Airport South Burlington, Vermont," prepared by Michael Lawrence and Associates, dated November 12, 2007. 6. The site plan was originally approved at a public hearing on January 8, 2008. However, the applicant never obtained a zoning permit within the six month deadline, pursuant to Section 17.04 of the SBLDR and conditional item number 4 of the original approval. 7. The Board also notes that the applicant has been using and occupying the parking garage addition for a number of years without a Certificate of Occupancy in violation of the South Burlington Land Development Regulations. A Certificate of Occupancy can not be issued because the applicant failed to comply with the approved landscaping plan. This application is an attempt to correct the landscaping plan so that a Certificate of Occupancy can be issued. I:\Development Review Boa rd\Findings_Decisions\2009\Airport_SP0952_ffd.doc #SP-09-52 8. The applicant received site plan approval in February 2003 (SP-02-59) to construct the parking garage. At that time, the landscaping requirement based on construction costs was $101,565. The applicant proposed a total 'landscaping' budget of $131,895. This value consisted of new plantings, but also significantly of a new irrigation system, cedar fencing, granite edging, and transplanted shrubs and trees. DECISION 1 Q Motion by �� !✓ , seconded by to approve Site Plah Applica ion #S -09-52 of the City of Burlington/Burlingto International Airport subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the parking garage addition. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr ye Matthew Birmtnc John Dinklage -4 Roger Farley y Eric Knudsen — Gayle Quimby — (abstain/not present — yea/nay/abstain not present nay/abstain/not presen ay/abstain/not present iay/abstain/not present nay/abstain/not present Motion carried by a vote of -,57- O - C,> Signed this day of 2009, by r n John Dinklage, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 2 1ADevelopment Review Boa rd\Findings_Decisions\2009Wirport_SP0952_ffd.doc