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HomeMy WebLinkAboutSD-01-47 - Decision - 0303 0305 Lime Kiln Road#S D-oi-47 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application #SD-or-47 of Farwater, Ltd to amend a planned unit development consisting of 85 residential units in four (4) buildings and 42 unit congregate housing facility. The amendment consists of subdividing the easterly parcel into two (z) lots of 5.68 acres and 3.6 acres, 303 and 305 Lime Kiln Road. On the 4`h day of September zoos the South Burlington Development Review Board approved the request of Farwater, Ltd. for final plat approval under Section zoo of the South Burlington Subdivision Regulations based on the following findings: i. The owner of record of this property is Farwater, Ltd. z. This project consists of amending a planned unit development consisting of 85 residential units in four (4) buildings and 42 unit congregate housing facility. The amendment consists of subdividing the easterly parcel into two (z) lots of 5.68 acres and 3.6 acres, 303 and 305 Lime Kiln Road. 3. This property lies within the Residential Four District. It is bounded on the north and west by the Winooski River and on the east by the farmlands of John Belter. On the south, a residence and a commercial structure bound the property. Lime Kiln Road runs through the middle of the property dividing Lot #i from Lot #z. 4. Lots: The applicant has proposed subdividing lot #i into two (z) lots. Staff recommended that a "Notice of Condition" be recorded which has been approved by the City Attorney which states that for zoning and subdivision purposes the two (z) lots will be treated as a one (I) lot. 5. Other: The survey plat should be revised to: i) note the correct name for Lime Kiln Road, z) show the three (3) existing lots on the westerly side of the street, 3) number the newly created 5.68 acre lot, 4) show the correct spelling of James Harvell under references note #3, and 5) remove the note "Proposed line of limits for area subject to future development" from the plat and site plan. Page #z DECISION & CONDITIONS Based on the above Findings of Fact, The South Burlington Development Review Board approves final plat application #SD-01-47 of Farwater, Ltd to amend a planned unit development consisting of 85 residential units in four (4) buildings and 42 unit congregate housing facility. The amendment consists of subdividing the easterly parcel into tow (z) lots of 5.68 acres and 3.6 acres, 303 and 305 Lime Kiln Road, as depicted on a two (z) page set o plans, page one entitled "Boundary Re -survey & Subdivision property known as "The Ledges" on Airport Parkway, South Burlington Vermont", prepared by Chase and Chase, dated 6/98, last revised on 5/16/oi, with the following stipulations: i. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. z. Prior to recording the final plat plans, the applicant shall record a "Notice of Condition", approved by the City Attorney, which states that for zoning and subdivision purposes, the two (z) lots on the easterly side of Lime Kiln Road shall be treated as one (i) lot. 3. The plat plan shall be revised to show the changes below and shall require approval of the Director of Planning & Zoning. Four (4) copies of the approved revised plat plan shall be submitted to the Director of Planning & Zoning prior to recording: a. The survey plat shall be revised to note the correct street name for Lime Kiln Road. b. The survey plat shall be revised to show the three (3) existing lots on the westerly side of the street. c. The survey plat and site plan shall be revised to number the newly created 5.68 acre lot. d. The note "Proposed Line of Limits for Area Subject to Future Development" shall be removed on the survey plat and site plan. e. The survey plat shall be revised to show the correct spelling of James Harvell under references note #3. E The survey plat shall be revised to note the correct acreage for lot #i. 4. Any change to the final plat plans 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 go 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 & Zoning. Page #3 Chair/Cl South Bu 1 Development Review Board Date ) c//��/ 0 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. 4471 and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $i5o.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 W (exclusivity of remedy finality.