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HomeMy WebLinkAboutSD-92-0000 - Decision - 0001 0005 0007 0009 Executive DriveFINDINGS OF FACT & DECISION 5-P -/ CZO'Do --0 STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Harold and Eleanor Bensen for subdivision of a 3.63 acre parcel containing a planned commercial development consisting of two (2) commercial buildings and 16 residential units into two (2) lots of 1.42 acres (commercial buildings) and 2.21 acres (residential buildings), 1 Executive Drive. On the 24th of March 1992, the South Burlington Planning Commission approved the -request of Harold and Eleanor Bensen for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. Harold and Eleanor Bensen propose to subdivide a 3.63 acre parcel into two parcels of 2.21 and 1.42 acres. The parcel contains 1.6 residential units in 3 buildings (rear of property) and two commercial structures (front portion of parcel near Patchen Road). The subdivision would create a residential lot (2.21 acres) and a commercial lot (1.42 acres). Mr. Bensen plans to convert the existing rentals to condominium ownership. Preliminary plat approval was granted on July 9, 1991. 2. The parcel is zoned C-1. It is bounded on the north by Jaycee Park, on the west and south by commercial uses, and to the east by Patchen Road. 3. Access; Access would remain as is from the 25 foot wide private drive off Patchen Road. The applicant proposes an access easement over the commercial lot to maintain access for the residential lot. This easement is shown on the plat. 4. Minimum lot size: The commercial lot meets the minimum lot size for this zone. The residential lot does not meet the minimum lot size of 4 acres for residential uses in the C-1 zone. A variance was granted by the Zoning Board on 3/26/84 to allow the construction of 16 units on the 3.7 acre parcel. 5. Setback: The required setbacks are met from the proposed new property line. The existing commercial building on Patchen Road does not meet front yard setback requirements, however, this is an existing condition and is not a result of the proposed subdivision. 6. Coverage: Coverage requirements are met for both parcels. 7. Landscaping: The applicant has expressed a willingness to replace dead landscaping and install new landscaping as outlined in a letter from Four Seasons dated 6/19/91. The applicant should post a 3-year bond to cover the new landscaping prior to recording. "Phis was a requirement of the preliminary plat approval. The value of these plantings is $2,600. Pedestrian easement: A pedestrian easement on lot 1 which allows employees of businesses on lot 2 to walk over lot 1 to access the bank and post office is shown on the final plat as required at preliminary plat approval. The legal document granting this easement has been reviewed and approved by the City Attorney. This document must be recorded prior to recording of final plat. Other: A legal document which clarifies that the uses on lot 1 and 2 were originally created as a planned commercial development. and that any subsequent review and approvals by the Planning Commission will take into account the entire 3.63 acre PCD and uses thereon has been reviewed and approved by the City Attorney. This &,)c-timent must be recorded prior to recording of final plat. The legal document which incorporates the pedestrian easement and the clarification of the uses has been reviewed by the City Attorney. He recommends that the title of the document be changed to read "Notice of Conditions of Subdivision Approval". DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Harold and Eleanor Bensen for subdivision of a 3.63 acre parcel containing a planned commercial development consisting of two (2) commercial buildings and 16 residential units into two (2) lots of 1.42 acres (commercial buildings) and 2.21. acres (residential building) as depicted on a 2 page set of plans, page one entitled, "Plat of Subdivision of Lands of Harold B. & Eleanor B. Bensen, Patchen Road, South Burlington, Vermont", prepared by A.W. Harris & Associates, and dated 10/23/91, last revised 12/11/91, with, the following stipulations: I. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. As expressly represented and agreed to by the applicant, the applicant shall replace dead landscaping and install new landscaping in accordance with the recommendations contained in the letter by Scott Tower of 4 Seasons dated June 19, 1991. The applicant shall complete said landscaping improvements in the 1992 landscaping season and shall do so prior to the sale of either lot. The applicant shall post a $2,600, 3-year landscaping bond prior to recording the final plat plans. 3. Prior to recording the final plat plans, the applicant shall revise the title of the document entitled "Notice of Conditions of Subdivision Agreement" to "Notice of Conditions of Subdivision Approval" and record such document in the land records. 4. The final plat plan shall be recorded in the South Burlington 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. ChailrmaAo T -'3 C �el South Burlington Planning Commission