HomeMy WebLinkAboutSD-01-21 - Decision - 0303 0305 Lime Kiln Road#SD-01-21
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-01-21 of Farwater, Ltd to amend a planned unit
development consisting of 85 residential units in four (4) buildings on two (2) lots. The amendment
consists of 1) constructing a 42 unit congregate housing facility on the east side, and 2) eliminating
condition #9 of the 5/16/00 decision, 303 Lime Kiln Road
On the 15th of May, 2001, the South Burlington Development Review Board approved the final plat
application of Far Water, Ltd. under Section 204 of the South Burlington Subdivision Regulations
based on the following findings:
This project consists of amending a planned unit development consisting of 85 residential units
in four (4) buildings on two (2) lots. The amendment consists of 1) constructing a 42 unit
congregate housing facility on the east side, and 2) amending condition #9 of the 5/16/00
decision, 303 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 farm lands 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. Access/Circulation: Access is being provided via a 30 foot curb cut on Lime Rock Road. This is
in addition to the approved access for the 37 units to the north.
5. Coverage/setbacks: The proposed building coverage for lot one will increase from 4.4% to 7.5%
k20% max). The total coverage will increase from 9.7% to 14.8% (40% max). Front yard
coverage was requested and not provided. The front yard coverage should not exceed 30%. The
coverages for lot two will remain unchanged. The applicant had previously stated that the Lime
Kiln Road realignment will not occur. Setback requirements are met.
6. Traffic: ITE estimates that the proposed 42 unit congregate housing facility will generate 7.14
additional P.M. peak vehicle trip ends (vte's). The Planning Commission at their March 9,1999
meeting approved a credit be given for road improvement impact fees because the applicant
contributed land for the Airport Parkway realignment. Since the road realignment will not
happen, star` recommended that the applicant pay for the additional 7.14 vte's.
7. Parking: A total of 12 parking spaces are required and 46 are provided. Two handicapped spaces
are provided as required. A bike rack is being provided.
S. Lighting: All lights must be downcasting and shielded. The lights have been reviewed by the
Director of Planning and Zoning and are satisfactory.
9. Landscaping: The minimum landscaping requirement, based on building costs, of $21,900 is
not being met. The applicant has proposed 10,952.50 worth of White Spruce and Sugar Maple
Trees. The plans should be revised to added $10,947.50 worth of additional landscaping.
10. Sewer: The applicant has requested an additional sewer allocation of 5,019 g.p.d. resulting in a
25,982 g.p.d. allocation for this property. The applicant should expect to pay a per gallon fee
prior to permit issuance.
11. Dumpsters: The proposed dumpster area will be located within the structure.
12. Condition #9: Condition 49 of the 5/16/00 approval reads as follows: "Based upon the expressed
representation of the applicant, the applicant agrees to dedicate to the City the necessary no.w. to
accommodate the proposed realignment of Airport Parkway as shown on the Overall Site Plan
(sheet I of 12). Prior to issuance of the first zoning permit, the applicant shall record an
appropriate legal document that ensures this commitment. The legal document shall require
review and approval by the City Attorney prior to recording." It is now unlikely that the Airport
Parkway no.w. will be realigned. It is therefore not possible to write a legal description of the
land to be dedicated to the City. In the event that Wrans changes their minds and the road is
realigned, we do want to have some type of legal document that would allow the City to obtain
the r.o.w. if needed. Staff recommended the condition be revised to read as follows: "Based
upon the expressed representation of the applicant, the applicant agrees to dedicate to the City
the necessary r.o.w. to accommodate the realignment ofAirport Parkway ifrequiredby the State.
Prior to issuance of the first zoning permit, the applicant shall record a Notice of Condition that
ensures this commitment. The legal document shall require review and approval by the City
Attorney prior to recording."
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
final plat application #SD-0 1-21 of Farwater, Ltd to amend a planned unit development consisting of 85
residential units in four (4) buildings on two (2) lots. The amendment consists of. 1) constructing a 42
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unit congregate housing facility on the east side, and 2) eliminating condition #9 ofthe 5/16/00 decision,
303 Lime Kiln Road, as depicted on a four (4) page set of plans, page one (1) entitled, "Cedar Bluffs 42
Unit Congregate Housing Lime Kiln Road South Burlington," prepared by Provan & Lorber, inc. dated
2/16/01, last revised on 4/23/01 with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The plat plans shall be revised to show the changes listed below and shall require approval of the
Director of Planning & Zoning (hereinafter Director). Four (4) copies of the approved revised plat
plans shall be submitted to the Director prior to recording.
a) The plat plan shall be revised to illustrate the front yard coverage for the property which
shall not exceed 30%.
b) The plat plan shall be revised to include $10,950 worth of additional landscaping.
3. All new exterior lighting shall consists of downcasting and shielded fixtures. Any change to the
approved lights shall require approval of the Director prior to installation.
4. The Development Review Board approves an additional sewer allocation of 5,019 g.p.d. resulting in a
25,982 g.p.d. allocation for this property. The applicant will be required to pay the per gallon fee prior to
permit issuance.
5. The applicant shall post a $21,900 landscape bond prior to issuance of a zoning permit. The bond
shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance
of surviving.
6. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the
Development Review Board estimates that the new use will generate 7.14 additional vehicle trip ends
during the P.M. Peak hour.
7. The proposed building shall be sprinklered.
8. The applicant shall comply with the requirements of the South Burlington Water Department as
outlined in a letter dated 5/7/01 from Jay Nadeau to Provan & Lorber, Inc.
9. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to occupancy of the new building.
10. Condition #9 of the 5/16/00 approval is hereby eliminated.
11. The final plat plans (sheet one and sheet 1 of 12) shall be recorded in the South Burlington land
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records within 90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
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. lyre 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).
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