HomeMy WebLinkAboutSD-07-16 - Decision - 0265 Aviation Avenue#SD-07-16
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BURLINGTON INTERNATIONAL AIRPORT - 3 LOT SUBDIVISION
AVIATION AVENUE
FINAL PLAT APPLICATION #SD-07-16
FINDINGS OF FACT AND DECISION
Burlington International Airport, hereafter referred to as the applicant, is seeking re -approval of
a three (3) lot subdivision consisting of a 62,172 sq. ft. lot (lot A), a 3212 sq. ft. lot (lot B), and
the remaining airport property, Aviation Avenue. The Development Review Board held a
public hearing on Tuesday, April 10, 2007. Robert McEwing 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 is seeking re -approval of a three (3) lot subdivision consisting of a
62,172 sq. ft. lot (lot A), a 3212 sq. ft. lot (lot B), and the remaining airport property,
Aviation Avenue.
2. The proposal received final plat approval on August 1, 2006. However, the statutory
six month deadline for recording has passed and the applicant is seeking re -approval
from the Development Review Board.
3. The owner of record of the subject property is the City of Burlington.
4. The subject property is located in the Airport Industrial (AIR-1) Zoning District.
5. The plan submitted is entitled, "Schedule A to Ground Lease and Agency Agreement
Between City of Burlington and Burlington Community Development Corporation, and
Sublease Agreement Between Burlington Community Development Corporation and
Elanair, Inc., D/B/A Heritage", prepared by Dufresne -Henry, dated 3/31/06, last revised
on 5/3/06.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall
comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
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According to Section 15.13 of the South Burlington Land Development Regulations, the existing public
water system shall be extended so as to provide the necessary quantity of water, at an acceptable
pressure. The units on the proposed lots will be connected to the public water system. The South
Burlington Water Department has already reviewed and approved the proposed water lines. According to
Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall
connect to the public sewer system or provide a community wastewater system approved by the City
and the State in any subdivision where off -lot wastewater is proposed.
The proposed subdivision does not involve any construction, so this criterion is not applicable
Sufficient grading and erosion controls will be utilized during and after construction to prevent
soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property
and adjacent properties.
The proposed subdivision does not involve any construction, so this criterion is not applicable.
The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
The proposed subdivision does not involve any construction, so this criterion is not applicable.
The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
The City's Official Wetland Map indicates that there are no wetlands on the subject piece. Also, as there
is no construction proposed at this time this criterion is not applicable.
The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it
is located.
The proposed subdivision is compatible with the planned development patterns of the Airport Industrial
Zoning District, as outlined in Section 6.03 of the Land Development Regulations.
Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
This criterion is not applicable to the proposed project.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure
that adequate fire protection can be provided.
The proposed subdivision does not warrant review by the South Burlington Fire Chief.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting
have been designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent landowners.
This requirement is being met.
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Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
This requirement is being met.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The proposed subdivision is in conformance with the South Burlington Comprehensive Plan.
DECISION
Motion by v� ��- ���/✓ seconded by �� ����� to
approve Final Plat Application #SD-0 -16 of Burlington International Airport, su ject to the following
conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended herein.
2) This project shall be completed as shown on the plat submitted by the applicant, and on file in
the South Burlington Department of Planning and Zoning.
3) For purposes of planning and zoning, the three (3) lots included in this subdivision shall be
considered one (1) lot and part of the overall Airport lot. The applicant will be required to
record a "Notice of Condition" to this effect which has been approved by the City Attorney prior
to recording the final plat plan.
4) Any change the final plat plan shall require approval of the South Burlington Development
Review Board.
5) The final plat plan (survey plat) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey
plat in digital format. The format of the digital information shall require approval of the Director
of Planning and Zoning.
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Mark Behr — o/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain t rese
John Dinklage — yea/nay/abstain/ of presen
Roger Farley — ea ay/abstain/not p
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — /nay/abstain/not present
Gayle Quimby — ea nay/abstain/not present
Motion carried by a vote of _�- U - V
Signed this jeday of AA4 2007, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).