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HomeMy WebLinkAboutSD-02-22 - Decision - 0325 0329 0327 0331 Lime Kiln Road#SD-02-22 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Final plat application, #SD-02-22 of Farwater Ltd, to amend a previously approved planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility. The amendment consists of. 1) adding one floor to the approved 42 unit congregate care facility, increasing unit count to 44, 2) adding an additional 44 unit structure for a total of 88 units of congregate care, and 3) adding an enclosed pool to each congregate care facility, 325 Lime Kiln Road. On the 7`h of May 2002, the South Burlington Development Review Board approved the request of Farwater Ltd seeking final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1) This project consists of amending a previously approved planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility. The amendment consists of. 1) adding one floor to the approved 42 unit congregate care facility, increasing unit count to 44, 2) adding an additional 44 unit structure for a total of 88 units of congregate care, and 3) adding an enclosed pool to each congregate care facility. This project was reviewed for sketch plan on March 5, 2002. 2) The owner of record is Farwater, Ltd. 3) This property at 325 Lime Kiln Road lies within the R4 District. It is bounded on the north and west by the Winooski River, and on the east by the Belter Farm, on the south by a residence and commercial structure. Lime Kiln Road divides the property. 4) Parking: The parking requirement is 22 spaces. The applicant is proposing 90 spaces, four are handicap accessible. A bike rack is provided. 5) Access/Circulation: Access to the proposed development on Lot#5 is provided via a 24 foot wide curb cut off Lime Kiln Road. The proposed access drive to building B encroaches into the 50 foot PUD perimeter area. This can be approved by the Development Review Board pursuant to Section 9.404 of the zoning regulations. The circular drive within the PUD perimeter is not allowed pursuant to Section 25.105 of the zoning regulations. 6) Traffic: ITE estimates the additional 46 units in the congregate housing on lot #5 will generate an additional 7.82 vehicle trip end's (vte's) during the P. M. peak hour. This is a total of 14.96 or 15 vte's for the 88 units. The applicant should expect to pay a road impact fee for the additional vte's. 7) Coverage/Setbacks: Front yard coverage is 30% (maximum allowed is 30%). Building coverage is 11.7% (maximum allowed is 20%). Overall coverage is 33.7% (maximum allowed is 40%). The 15 foot continuous buffer strip required under Section 25.107 of the zoning regulations is not shown on the site plan. The Board does not have the authority to change this provision. The plan should be revised to show this green buffer area. The setbacks for the increased height of the building are being met. 8) Building Height: Both buildings are proposed to be 45 feet in height from the average pre -construction grade. Section 25.113 (a) of the zoning regulations limits the height of flat roof structures to 35 feet. Section 25.113 (c) of the zoning regulations allows the Board to approve an increase in height for a commercial structure if the Board determines that a taller structure: a) will not affect adversely the essential character of the neighborhood or district in which the property is located; b) will not detract from scenic views of adjacent public roadways and other public rights -of -way. 9) Landscapin : The minimum landscaping requirement based on construction cost is $42,981. The landscaping requirement is not being met. Staff was concerned about the lack of variety of the proposed tree species and suggests the applicant propose a more diverse mix of evergreen and canopy trees. The applicant wants to specify trees that will do well in the particular conditions (more or less bedrock), at this location. The applicant may consult with the City Arborist for recommendations for suggestions on other tree species. 10) Dumpsters: Dumpster locations are noted on the plans and are not visible from the public roadway. 11) Lighting: The applicant is proposing 19 pole mounted (15') 150 watt metal halide light fixtures, 18 building mounted 60 watt incandescent exterior light fixtures, and light fixtures with frosted globes outside of all units with balconies. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-02-22 of Farwater, Ltd. to amend a previously approved planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility. The amendment consists of. 1) adding one floor to the approved 42 unit congregate care facility, increasing unit count to 44, 2) adding an and a 42 unit congregate housing facility. The amendment consists of: 1) adding one floor to the approved 42 unit congregate care facility, increasing unit count to 44, 2) adding an additional 44 unit structure for a total of 88 units of congregate care, and 3) adding an enclosed pool to each congregate care facility, as depicted on a nine (9) page set of plans, page one (1) entitled, "Northern Meridian 88 Unit Congregate Care Facility Farwater Ltd. Burlington, Vermont Cedar Bluffs Lime Kiln Road, South Burlington Overall Site Plan", dated 1/16/02, with a last revised date of 5/3/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The final plat plans shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning (hereinafter Director). Four (4) copies of the approved revised plans shall be submitted to the Director prior to recording. , a) The applicant revise the plat plan to show a 15' continuous green strip along the front of the property per Section 25.107 of the zoning regulations. b) The landscape and lighting plan shall be revised to include $7037 worth of additional landscaping. c) The landscape and lighting plan shall be revised to incorporate the changes recommended by the City Arborist to include a more diverse selection of trees. 3) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates the 88 units of congregate care will generate 15 additional vehicle trip ends during the P.M. peak hour. 4) Pursuant to Section 25.113 (c) of the zoning regulations, the Board approves a maximum height of 45 feet from the average pre -construction grade for both congregate care buildings. It is the Board's opinion that the criteria under Section 25.113 (c) (i)-(ii) of the zoning regulations are being met. 5) Prior to issuance of a zoning permit, the applicant shall post a $42,981 landscape bond. The bond shall remain in effect for three (3) years to assure the landscaping takes root and has a good chance of surviving. 6) All new exterior lighting shall consist of downcasting shielded fixtures. Any change to approved lights shall require approval of the Director prior to installation. 7) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer before occupancy of the buildings. 8) Any change to the final plat plans shall require approval by the South Burlington Development Review Board. 3 9) The final plat plans (sheets 1 and 2) shall be recorded in the land records within 90 days of this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of sheet 1 in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. Chair or�k, South Burlington Development Review Board -:5r -- i /-- © '->-- Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.RCP. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V. S.A. § 4472(d) (exclusivity of remedy; finality). 4