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FINDINGS OF FACT & DECISION
STATE OF VERMONT a
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Cynosure, Inc. for
subdivision of a 178 acre lot into six (6) lots of 4.05, 4.61,
4.62, 4.67, 4.76 and 155 acres, 115 Kimball Avenue.
On the 14th of March, 1995, the South Burlington Planning
Commission approved the request of Cynosure, Inc. for final plat
approval under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the subdivision of a 175 acre parcel
into six (6) lots ranging in size from 4.05 acres to 146.66 acres.
Lot #6 is developed with the former Digital plant. The preliminary
plat was approved on 1/10/95.
2. Access: Access to lots #1, #4 and #5 will be via access
easements over the existing Digital access road. Access to lots
#2 and #3 will be via a shared access on Kimball Avenue located
across from Shunpike Road. Metes and bounds information for these
easements should be provided on the subdivision plat. This
complies with preliminary plat condition #5a.
3. Lot size/frontage: The minimum lot size requirement of 40,000
square feet (0.92 acres) will be met. The minimum frontage
requirement of 200 feet will be met for lots 1-4 and lot 6. Lot 5
will have no frontage on a public road.
4. Lot #6 is proposed to have 1,250 feet of frontage along Kimball
Avenue, approximately 700 feet of frontage west of lot #1 and 550
feet east of lot #4.
5. Coverage/setbacks (lot #6): Building coverage is 4.2% (maximum
allowed is 30%). Overall coverage is 13.7% (maximum allowed is
70%). Front yard coverage is 0.5% (maximum allowed is 30%).
Setback requirements are being met.
6. Recreation paths: The City's Official Map and Comprehensive
Plan show future recreation paths/pedestrian trails on this
property. The Recreation Path Committee reviewed the plans and
submitted comments to the Planning Commission. The applicant has
incorporated a 20 foot bike path easement along the property's
frontage.
7. At the preliminary plat hearing, the Commission expressed a
desire to have a sidewalk constructed along Kimball Avenue. As
indicated in the Recreation Path Committee memo, the committee is
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recommending that a recreation path be constructed (i.e., 10' wide)
instead of a sidewalk. Staff suggested that such a path be
constructed along the entire frontage (approximately 2500 feet)
prior to the occupancy of the first building constructed on either
lot 1,2,3 or 4. This condition was acceptable to the applicant.
8. Wetlands: The final plat plans show the wetland limits and the
limits to the 100 year floodplain as the same line. These lines
are not the same and the plan should be revised to show them
accurately. The proposed subdivision will not impact these
wetlands.
9. Sidewalks: The proposed recreation path along the property's
frontage will also serve as a sidewalk.
10. Sewer: This property was originally allocated 20,000 gpd
according to the applicant. The applicant requests that this
allocation be divided as follows:
-- Lots #1-4 (1500 gpd each) = 6,000 gpd.
-- Lot #5 = 0 gpd.
-- Lot #6 = 14,000 gpd.
Total = 20,000 gpd.
No additional allocation requested.
11. Other:
--- the site plan (sheet SP1) should be revised to remove the
notation "(access drives not included)" adjacent to the note
on overall coverage limitation.
--- subdivision plat should be revised to show the boundary line
between lots #2 and 3 going all the way to the Kimball Avenue
r.o.w.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of Cynosure, Inc.
for subdivision of a 178 acre lot into six (6) lots of 4.05, 4'.61,
4.62, 4.67, 4.76 and 155 acres, 115 Kimball Avenue, as depicted on
a four (4) page set of plans, page 1 entitled "Digital Equipment
Corporation, Shunpike Road, South Burlington, VT, Subdivision
Plat", as prepared by Trudell Consulting Engineers, Inc., dated
12/21/94, 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 either of lots 1-4, or
2
start of utility construction, all appropriate legal documents
including easements (e.g., utility, sewer, drainage, water,
recreation path, access, etc.) shall be submitted to the City
Attorney for approval and recorded in the South Burlington land
records.
3. Prior to issuance of a zoning permit for either of lots 1-4, or
start of utility construction, bonds to cover the costs of utility
and recreation path (i.e., bike path) construction shall be posted.
The amount of the bond shall be approved by the City Engineer.
4. In accordance with Section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
(e.g., 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 recording as follows:
a) The subdivision plat shall be revised to provide the metes
and bounds information for the access easements to lots
#1,2,3,4 and 5.
b) The site plans (sheets SP1 and SP2) shall be revised to
show the wetland limits and the 100 year floodplain limits as
shown on the City's Official Wetlands and Overlay Districts
Maps.
c) The site plan (sheet SP1) shall be revised to remove the
notation "(access drives not included)" adjacent to the note
on overall coverage limitation, and
d) The subdivision plat shall be revised to show the boundary
line between lots #2 and #3 going all the way to the Kimball
Avenue r.o.w.
e) The subdivision plat shall be revised to show easements
for the water line and gas line serving lot #6 which cross
over lot #4.
f) Sheets SP1 and SP2 shall be revised to show the correct
configuration of lot #5 as shown on the subdivision plat.
6. The applicant shall construct a 10 foot wide recreation path
along the entire frontage (approximately 2500 feet) prior to the
occupancy of the first building constructed on either lot #1,2,3 or
4.
7. The Planning Commission approves the following sewer allocation
for the subdivision.
Lots #1- 4 (1500 gpd. each) = 6,000 gpd.
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Lot # 5 = 0 gpd.
Lot # 6 = 14,000 gpd.
Total = 20,000 gpd.
8. Any further subdivision of lot #6 shall require upgrading the
Digital plant access to City street standards.
9. The final plat plans shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall
be signed by the Planning Commission Chairman or Clerk prior to
recording.
/,ce&u < ,,
Chairman or clerk
South Burlington Planning Commission
Date
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1FINDINGS OF PACT & DECISION
STATE OF VE-PNONT
COUNTY OF 01I'1"I'ENPEN
CITY OF SOUTH BURLiNGTON
Re: Findings
of Fact, application of Cynosure#
Inc, for
subdivision of a
178 acre lot
into sic (6) lots of
4.05, 4.61,
4.62, 4.$7, 4.76
And 155 acres,
115 Ximbali Avenue.
On the 14th of
Marsh, 1995,
the South Burlington Planning
cammissidn approved
the request
of Cynosut•e, Inc. for
final plat
approval under Section 204 of
the South Burlington
5ubdiV�sion
Regu.latibrn based
on the following findings:
1. 'rhls project consists of the subdivision of a 175 acre parcel
,into six (6) lots ranging in size from 4.05 acres to 146.66 acres.
Lot #6 1st developed with the former Digital plant. The prelimLnary
plat was approved on 1/10/95.
2. RaaOss: Access to lots fl, #4 and 05 will be acc s
easem over the existing- c o Coss to .lots
#2 and 4.3 w5l e a a shared access on Kimbal Avenue ITEM
ac f'com Shun i3�e Road g es an s ova on for t ese
eaaement: s ou1Q a pravicied an the subdivision plat . This
complies with preliminary plat condition 05a.
3, Lot size/fronts e: The Minimum lot size requirement of 40,000
square Feet (0. 2 acres) will be rn$t;. The -minimum frontage
.requirem"ent of 200 feat will be met for lots ].-4 and lot 6. Lot 5
will have no frontage on a public road.
4. Lot #6 is proposed to have 1,250 feet of frontage along Kimball
Avenue, approximately 700 feet of frontage west of lot #1 and 550
feet east of lot #4.
5. Cove -aqe/setbacks ,(clot 06 )_c Building coverage is 4 .2% (maximum
allowed is 330 overall coverage is 13.7% (maximum allowed is
70%). Front yard coverage in 0.51 (max4muiu allowed is 30%).
Setback tequirements are being met.
G. Recreation paths: The Clty's Official. Map and comprehensive
Plan show Future recreation paths/pedestrian trails on this
property. The Recreation Path Oommittea reviewed the plans and
submitted comments to the Planning Commission. The applicant has
lncorperated a 20 foot bike path ea®ement along the property's
frontage.
7� At the preliminary plat hearing, the commission expressed a
deaire to have a sidewalk conatructed alontj Kimball Avenue. As
indieateil in the Recreation Path Committee memo, the comrijtten is
Post4t' Fax Note 7671
Co.
Phono
_0/2006 16:09 FAX 802 860 1695 TECHNOLOGY PARK
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Start of' utility construction, all appropriate legal document;
includinrl easements (e.g., utility, sewer, drainage, water
reoreatit)n pa>h, access, etc.) shall be submitted to the Cit,
Attorney flor dpproval and recorded in the South Btirlington Ian(
xecordo.
3. Prior to J_dsuance of a zoning permit for either of lots 1-4, of
start of utility construction, bonds to cover the Costs of util.it3
and recr(tatiori path (i.e., bike path) construction shall be posted,
The amou;ht of the bond shall be approved by the City Engineer.
4. In accordance with Section 301.5 of the subdiv'ieior
regulatihns, within 14 days of completion of required improvements
(e.g., water imains, sanitary sewers, storm drains, etc) the
developer shall, submit to the City Engineer "as -built" construetior
drawings certltied by a registered engineer.
5. The 1hlans 6hell be revised prior to recording as follows:
a.) The sth3division plat shall be revised to provide the metes
and bounds information for the access easements to late
#1,'s,3,4 And 5.
b) The Fete plans (sheets SPI and SP2) shall be revised to
show the uketland limits and the 100 year floodplain limits as
shown on the City's Official Wetlands and Overlay Districts
Maps.
c) The site plan (sheet SP1) shall be revised to remove the
nothtion "(access drives not included)" adjacent to the note
on overall coverage limitation, and
d) 'The subdivision plat shall be revised to show the boundary
li.n.d betw6an lots 02 and #3 going all the way to the Kimball
AveAue r.d.w.
e) The subdivision plat shall be revised to show easements
for the water line and gas line serving lot 96 which cross
oven lot 44.
f) Sheets SP1 and SP2 shall be revised to show the correct
conftgurat.ion of lot 95 as shown on the subdivision plat.
5. The hppliCant shall construct a 10 foot wide recreation path
along thO entii:e frontage (approximately 2500 feet) prior to the
occupancy of the first building constructed on either lot #1,2,3 or
4.
7. The Planninq Commission approves the following sewer allocation
for the Elubdiviision.
ZotEl *1- 4 (1500 gpd. each) = 6,000 gpd•
3
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Lot # 5 0 gpd.
LOt 41 6 C 14,000 jpd.
Total. 20,000 gpd.
8. Any `Further subdivision of lot �6 shall require upgrading the
Digital plant access to City street standards.
9. The final plat plans shall be recorded in the land records
within 9D days or this approval is nvl.l and void. FM* plans shall
be signed by the Planning commission Chairman or Clerg Prior to
recording.
Chairman or clan
South Burlington Planning /Commigsion
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