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HomeMy WebLinkAboutSD-03-29 - Decision - 0303 0305 Lime Kiln Road#SD-01-29 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application #SD-01-29 of Lime Kiln Housing Limited Partnership to amend a planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility on two (2) lots. The amendment consists of subdividing lot #2 into two (2) lots, 304 Lime Kiln Road. On the 5th of June, 2001, the South Burlington Development Review Board approved the final plat application of Lime Kiln Housing Limited Partnership under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility on two (2) lots. The amendment consists of subdividing lot #2 into two (2) lots, 304 Lime Kiln Road. 2. The owners of record are Stephen and Shona Unsworth. 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 # 1 from Lot #2. 4. Lots: The applicant has proposed subdividing lot #2 into two (2) lots in order to deed the a portion of the lot to the Winooski Valley Park District. Staff did not have a problem with this proposal. 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 (2) lots will be treated as a one (1) lot. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-01-29 of Lime Kiln Housing Limited Partnership to amend a planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility on two (2) lots. The amendment consists of subdividing lot #2 into two (2) lots, 304 Lime Kiln Road, as depicted on a two (2) page set of plans, page one (1) entitled "Farwater Ltd. Burlington, Vermont Lime Rock Village Proposed Residential Development Lime Kiln Road, South Burlington, Vermont Overall Site Plan with Lime Kiln Housing and Cedar Bluff Congregate Housing", prepared by Provan & Lorber, Inc., dated May, 1997, last revised on 5/17/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) 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, lots 2, 3 and 4 shall be treated as one (1) lot. 3) Any change to the final plat plans shall require approval of the South Burlington Development Review Board. 4) 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 Board Chair or Clerk prior to recording. Prior to recording the final plat plans, 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. air or Clerk Date' South Burlington Development Review Board 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 30 days of the date this decision is issued. The fee is $150.00. Ifyou 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