The URL can be used to link to this page

Home My WebLink AboutSD-99-10 - Decision - 0303 0305 Lime Kiln Road#SD-99-10 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Far Water Ltd to amend an approved 85 unit planned residential development in four (4) buildings, and subdivision of a 12.67 acre parcel into three (3) parcels of 7.01 acres, 0.33 acres, and 5.33 acres. 1952 and 1953 Airport Parkway. The amendment consists of 1) revising building locations, 2) resubdividing 12.66 acres into three (3) parcels of 7.05 acres, 5.33 acres and 0.28 acres, and 3) adding two (2) units for a total of 87 units. On the 9'h day of March, 1999, the South Burlington Planning Commission approved the request of Far Water, Ltd. for for revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending an approved 85 unit planned residential development in four (4) buildings, and subdivision of a 12.67 acre parcel into three (3) parcels of 7.01 acres, 0.33 acres and 5.33 acres, 1952 and 1953 Airport Parkway. The amendment consists of 1) revising building locations, 2) resubdividing 12.66 acres into three (3) parcels of 7.05 acres, 5.33 acres and 0.29 acres, and 3) adding two (2)units for a total of 87 units. This project was approved on 9/22/98. The only issues affected by this application are: coverage, setbacks, density, parking, landscaping, and lot size. 2. This property located partially on the west side of Airport Parkway (1953 Airport Parkway) and partially on the east side of Airport Parkway (1952 Airport Parkway) lies within the R4 and C.O. Districts, and Floodplain Overlay District. It is bounded on the north and west by the Winooski River, on the east by farmland, and on the south by a residence, undeveloped land and an industrial building. Airport Parkway bisects the property. 3. Coverage/setbacks: Lot #I - Building coverage is 4.7% (maximum allowed is 20%). Overall coverage is 9.9% (maximum allowed is 40%). Lot #2: Building coverage is 5.4% (maximum allowed is 20%). Overall coverage is 14.5% (maximum allowed is 40%). Lot #3: Building coverage is 6.1% (maximum allowed is 20%). Overall coverage is 12% (maximum allowed is 40%). All the buildings meet the setback requirements. 4. Density: Lot # 1: This lot is 9.42 acres in size which allows 37 units (9.42 acres x 4 units/acre = 37.68) and 40 units are proposed. The final plat approval required that the approval be subject to only 37 units until such time as the road is realigned such that lot # 1 is increased in size to at least 10 acres. Lots #2, 3 and 4 (after road realignment): These lots have 11.43 acres which allows a 1 maximum of 45 units (11.43 acres x 4 units/acre = 45.72) and 47 units are proposed. The two (2) additional units proposed exceed the density limitation. 5. The base density for this development is based on the buildable area. Lot #1 has a buildable area of 6.6 acres which allows 26 units (6.6 acres x 4 units/acre = 26.4 units). Lot #2, 3 and 4 have a buildable area of 4.68 acres which allows 18 units (4.68 acres x 4 units/acre = 18.72 units). Therefore, the total base density is 44 units. The Planning Commission can approve up to the maximum of 85 units based upon the degree to which the project complies with the PUD criteria (Section 26.151 of the zoning regulations). 6. Parking: Lot # 1: A total of 90 spaces are required and 90 spaces (50 surface and 40 covered) including two (2) handicapped spaces will be provided. Lot #2: A total of 99 spaces are required (for 84 units) and 104 spaces (45 surface and 48 covered) including two (2) handicapped spaces are proposed. The plans should be revised to reduce the parking to reflect the reduction in units to 44 from the 46 units proposed. Also, two (2) additional handicapped spaces should be added to lot #1 and three (3) handicapped spaces added to lot #2. A bike rack is proposed for each building. Section 26.253 (e) of the zoning regulations requires that parking or storage facilities be provided for recreational vehicles and none are being provided. The final plat approval required that the by- laws and declaration documents for the development indicate that there shall be no storage of recreational vehicles and/or boats on the property. 7. Landscaping The minimum landscaping requirement, based on building costs, is $35,430 which is not being met. Proposed plants include Sugar Maple, White Birch, Ash, Juniper, Crabapple, White Pine, Rhodendendron, Oak and Spirea. The proposed plantings reflect a $6306 landscaping shortfall. The State during the Act 250 review process required that the applicant not plant any new landscaping on lot #2. The reason for this requirement was to keep non native species from being introduced on lot #2 in order to preserve a rare cedar -pine bluff forest. This forest is considered a rare and irreplaceable natural area by the State's Nongame and Natural Heritage Program . Staff supported this recommendation. 8. Recreation path: The Recreation Path Committee reviewed these plans at their 3/1/99 meeting and submitted comments. 9. Impact fee exemptions: The Planning Commission found as part of the 9/22/98 approval that the applicant did not qualify for a credit for "In -Kind" contributions in return for donating land for the Airport Parkway realignment and donating a 5.33 acre parcel for recreation use. The City Attorney, at staffs request, reviewed this issue and determined that the applicant may qualify for a credit for "In Kind" contributions for donating land for the Airport Parkway realignment. The applicant does not qualify for a credit for donating the 5.33 acre parcel for recreation use. The Commission should recommend to the City Council that a credit be given for the "In -Kind" contribution of land for the Airport Parkway realignment. 10. Street address: Staff reviewed the E911 addressing requirements and determined that the 2 driveways should not be named. This portion of Airport Parkway will be renamed Lime Kiln Road. Staff assigned the buildings on the east #303 and on the west #304. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the application of Far Water, Ltd to amend an approved 85 unit planned residential development in four (4) buildings, and subdivision of a 12.67 acre parcel into three (3) parcels of 7.01 acres, 0.33 acres, and 5.33 acres, 1952 and 1953 Airport Parkway. The amendment consists of 1) revising building locations and 2) resubdividing 12.66 acres into three (3) parcels of 7.05 acres, 5.33 acres and 0.28 acres, as depicted on a 15 page set of plans, page one (1) entitled, "Farwater Ltd. Burlington, Vermont Lime Rock Village Proposed Residential Development Airport Parkway, South Burlington, Vermont Overall Site Plan," prepared by Provan & Lorber, Inc., dated May, 1997, last revised on 3/8/99, 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 final plat plans shall be revised to reduce the parking to reflect the reduction in units to 44 from the 46 units proposed on lot #2. b) The final plat plans shall be revised to remove the proposed street names for the driveways. c) The final plat plans shall be revised to modify the turning radius into lot #2 to the satisfaction of the Fire Chief. 3. Pursuant to Section 26.105(a) of the zoning regulations, the Planning Commission grants the applicant a $6306 landscaping credit for an existing cedar - pine bluff forest on the site which will be preserved. 4. The Planning Commission 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. 5. All the multi -family buildings shall be sprinklered. 6. Any change to the final plat plans shall require approval by the South Burlington Planning 3 Commission. 7. 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 Planning Commission 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. 8. The Planning Commission approves a maximum of 85 units for this project. Therefore, the request for two (2) additional units is hereby denied. �z I', ZZLZI Chairman or Clerk South Burlington Planning Commission Date 4