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Home My WebLink AboutSD-00-19 - Decision - 0303 0305 Lime Kiln Roadr #SD-00-19 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application of Farwater, Ltd. to amend a previously approved planned residential development consisting of 85 units in four (4) buildings and subdividing a 12.67 acre parcel into three (3) parcels of 7.01 acres, 0.33 acres, and 5.33 acres. On the 2nd of May, 2000, the South Burlington Development Review Board approved the final plat application of Farwater, Ltd. under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a previously approved planned residential development consisting of 85 units in four (4) buildings and subdividing a 12.67 acre parcel into three (3) parcels of 7.01 acres, 0.33 acres, and 5.33 acres. The amendment consists of: 1) revising building locations on the westerly parcel, and 2) combining three (2) previously approved lots into one (1) lot. This project involves constructing four (4) multi -family buildings. Two of these buildings will have 20 units each, one building will have 22 units, and one other building will have 23 units for a total of 85 units. Only the west side is being revised. 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. Airport Parkway runs through the middle of the property dividing Lot 91 from Lot #2. 4. Coverage/setbacks: The proposed building coverage for lot 9-1, or the 9.42 acre lot, is 4.4% (20% allowed). The total coverage is 9.7% (40% allowed). The proposed building coverage for the lot #2, or the 12.67 lot (the eastern parcel), is 2.91/o (20% allowed). The total coverage is 5.4% (40% allowed). These coverages are calculated before road realignment. Post road realignment lot #1 is 10.64 acres with a 3.91/o building coverage and a total coverage of 9.1%. Lot #2 will be 11.44 acres with a building coverage of 3.2% and a total coverage of 6.1%. These coverages should be noted on the plans. Setback requirements are met. 5. Access: Two (2) access points are proposed. A 24-foot curb cut is proposed on the western portion of the site. On the eastern portion of the property one 27-foot curb cut is proposed. Circulation is passable, but does not allow for easy access with most emergency vehicles. The fire chief recommends that the buildings be sprinklered. 6. Density: The maximum number of units allowed on the westerly parcel, or lot two, (after road realignment) is 45 units and 45 units are proposed (11.44 acres x 4 units/acre = 45.76). 7. Parking_ A total of 192 spaces are required and 193 spaces are proposed. The applicant has proposed six handicap parking spaces (six are required). Bike racks have been proposed for both lots one and two. 8. Landscaping: The minimum landscaping requirement for this project is $38,250. The applicant has proposed $35,308 in landscaping for a shortfall of $2,942. A conservation easement for a significant portion of the property is proposed and the applicant seeks a landscaping credit. 9. Lighting: All lights must be downcasting and shielded. Cut sheets for all proposed lighting fixtures should be submitted to the Director of Planning and Zoning for approval. 10. Sewer: The applicant has requested a sewer allocation of 20,963 g.p.d. This allocation will replace all previous sewer allocations. The applicant should expect to pay a per gallon fee. 11. Recreation path: The Recreation Path Committee reviewed the project and recommends that an approximately 400 foot long, 20 foot wide easement should be granted on the southern boundary line on the west side of Airport Parkway extending to the rear. This will allow a path to be run behind the existing houses and avoid the Shamrock Road intersection. This easement would help to provide pedestrian access to the Lime Kiln Road Bridge. 12. Building; elevations: Building elevation plans have been submitted. 13. DumRster: The proposed dumpster areas are screened. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-00-19 ofFarwater, Ltd. to amend a planned residential development consisting of 85 units in four (4) buildings and subdividing a 12.6 acre parcel into three (3) parcels of 7.01 acres, 0.33 acres, and 5.33 acres. The amendment consists of 1) revising building locations on the westerly parcel, and 2) combining three (3) previously approved lots into two (2) lots, as depicted on a twenty three (23) page set of plans, page one (1) entitled `Boundary Re -Survey & Subdivision Property known as "The Ledges" on Airport Parkway South Burlington, Vermont," dated 6/98, last revised on 4/27/00 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 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 sewer main between M.H. #5 and #6 and between #6 and the existing M.H. shall be deepened to at least four (4) feet of cover. b) The sewer main from M.H. #4 to the existing sewer M.H. shall include "y" branches to serve both sides of the street. c) The site plans shall be revised to illustrate a chain link fence on or behind the proposed building to protect drop off areas. d) The site plans shall be revised to include a typical street cutting and path detail. e) The survey plat shall be revised to show a 400 foot long, 20 foot wide recreation path easement along the southerly boundary line on the west side of Airport Parkway extending to the rear. 3. The Development Review Board approves 40 units on lot #1; however, only 37 units may be constructed until such time as Airport Parkway is realigned such that lot # 1 is increased in size to at least 10 acres. 4. The Development Review Board approves a sewer allocation of 20,963 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 5. The Development Review Board recommends to the City Council that a credit against the road improvement impact fee be given to the applicant for the `in -kind" contribution of land for the Airport Parkway realignment. 6. All the multi -family buildings shall be sprinklered. 7. All required legal documents (e.g., irrevocable offer of dedication for the recreation land, easements, deeds, etc.) shall be approved by the City Attorney and recorded in the land records prior to issuance of the first zoning permit. 8. The applicant/homeowners shall be responsible for maintaining all erosion control measures for the duration of the project. 9. Based upon the expressed representation of the applicant, the applicant agrees to dedicate to the City the necessary r.o.w. to accommodate the proposed realignment of Airport Parkway as shown on the Overall Site Plan (sheet 1 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. 10. The Development Review Board hereby grants a landscaping credit for $2,942. The applicant shall post a $35,308 landscape bond prior to issuance of a zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 11. All new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the Director prior to installation. Details (cut -sheets) for any proposed street lights and for the proposed multi -family exterior lights shall be submitted to the Director prior to permit issuance. 12. Sewer mains shall be bedded in 3/4 inch crushed stone. 13. Trees shall not be planted on top of water mains or sewer mains. 14. The gravity sewer main from SMH #4 easterly along Airport Parkway shall be a City line. All other lines including the sewage pumping station shall remain private, operated, and maintained by a condominium association. 15. Sewer M.H. #4, 5, and 6 shall be adjusted to grade using concrete adjusting rings not bricks. 16. Where thrust blocks are to be poured, the pipe shall be wrapped with polyethylene to protect bonding. 17. The sidewalk shall be five (5) inches thick and without wire mesh. 18. As expressly represented by the applicant, there shall be no storage of recreational vehicles and/or boats on the property. This shall be reflected in by-laws and declaration documents for the development. These documents shall be reviewed and approved by the City Attorney prior to issuance of a zoning permit for the first building. 19. Prior to permit issuance, the applicant shall submit a revised traffic impact study to the Director and AOT which uses the year 2003 for the LOS study and provides the traffic generation for the A.M. peak. 20. The proposed sewage pumping station and force main shall be privately maintained by the home owners. 21. Any change to the final plat plans shall require approval by the South Burlington Development Review Board. 22. The final plat plans (sheets 1 of 12, 2 of 12, 3 of 12 and survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the South Burlington Development Review Board. Chair or Clerk prior to recording. Prior to recording the final plat plans the applicant shall submit a copy of the survey plats in digital format. The format of the digital information shall require approval of the Director. Chair or Clerk 13outh Burlington Development Review Board Date C!