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HomeMy WebLinkAboutSP-98-0001 - Decision - 0303 0305 Lime Kiln RoadFINDINGS OF FACT & DECISION STATE OF VERMONT (A _ �0 b COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Far Water, Ltd for construction of an 84 unit planned residential development in four (4) buildings and subdivision of a 12.67 parcel into three (3) parcels of•L1i. i acres, 0.33 acres, and 5.33 acres, 1952 and 1953 Airport Parkway. On the 22"d day of September, 1998, the South Burlington Planning Commission approved the request of Far Water, Ltd for final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of. 1) the construction of 40 multi -family units in two( 2) buildings on a 9.42 acre parcel (lot # 1), 2) the construction of 44 multi -family units in two (2) buildings on 12.67 acres (lot 42), and 3) subdivision of a 12.67 acre parcel into three (3) lots of 12.34 acres (lot 92), .33 acres (lot #3) and 5.33 acres (lot #4). Lot #3 is currently developed with a single family dwelling. Lot #4 will be deeded to the City of South Burlington. The preliminary plat was approved on 7/14/98. 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. Access/circulation: Access to lot #1 is proposed to be by one (1) 24 foot curb cut on Airport Parkway. Lot #2 is proposed to be served by a 24 foot curb cut on Airport Parkway. Provision is being made on lot #1 near the bridge for a turn -around for city vehicles. Lot #3: Access is currently provided by a 12 foot curb cut on Airport Parkway. Circulation on both sites is adequate. 4. Coverayle/setbacks: Lot #l: Building coverage is 4.7% (maximum allowed is 20%). Overall coverage is 9.9% (maximum allowed is 40%). Lot #2: Building coverage is 6.1% (maximum allowed is 20%). Overall coverage is 15.8% (maximum allowed is 40%). Lot #3: Building coverage is 7.1% (maximum allowed is 20%). Overall coverage is 14.1% (maximum allowed is 40%). All the buildings meet the setback requirements. 5. 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 preliminary 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: These lots have 12.67 acres which allows a maximum of 50 units (12.67 acres x 4 units/acre = 50.68) and 45 units are proposed. 6. The base density for this development is based on the buildable area. Lot #1 has a buildable area of 7.8 acres which allows 31 units (7.8 acres x 4 units/acre = 31.2 units). Lots #2, 3 and 4 have a buildable area of 2.65 acres which allows 10 units (2.65 acres x 4 units/acre - 10.6 units). 7. Lot size/frontage: Lot #3 meets the minimum lot size requirement of 9500 square feet and the minimum frontage requirement of 100 feet. 8. Parking: Lot #1: A total of 90 spaces are required and 91 spaces (37 surface and 54 covered) including four (4) handicapped spaces will be provided. Lot #2: A total of 99 spaces are required and 100 spaces (46 surface and 54 covered) including four (4) handicapped spaces will be provided. Plans should be revised to provide a bike rack for each of the buildings. 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 preliminary 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. 9. Sidewalk: A sidewalk will be constructed along the realigned roadway when the new roadway is constructed. 10. Landscaping: The minimum landscaping requirement, based on building costs, is $35,430 which is being met. Proposed plants include Sugar Maple, White Birch, Ash, Juniper, Crabapple, White Pine, Rhodendendron, Oak and Spirea. 11. Sewer: The sewer allocation request is 21,167 gpd (this includes 20% reduction allowed by the state). The applicant will be required to pay the per gallon fee prior to permit issuance. 12. PRD report: The applicant submitted a report addressing the PRD criteria under Section 26.151 of the zoning regulations. 13. Lighting_ Proposed exterior lighting will consist of the following: — 17 175 watt metal halide lamps with downcasting shielded fixtures mounted on 14 foot poles. 12 75 watt incandescent lamps with downcasting shielded fixtures mounted on the buildings. 14. School impact: The applicant has submitted a letter from the School Superintendent addressing school impact. 15. Traffic: The applicant submitted a traffic impact study. The preliminary plat approval required the applicant to submit the traffic impact report to the CCMPO for review and comment. The CCMPO reviewed the traffic impact report and offers the following comments: 1) the year 2003 should be used for the LOS study, 2) traffic generation for the A.M. peak should have been provided, 2 and, 3) AOT should receive a copy of the report 16. Recreation Path: The Recreation Path Committee reviewed this proposal. The City's long range plan shows a bike path through the westerly portion of this property (lot #2). 17. C.O. District: There is a C.O. District along the northerly boundary of this property with the Winooski River which will not be impacted by this development. 18. Floodplain Overlay District: The plan shows that a portion of this property is within the Floodplain Overlay District. No development is proposed in the floodplain. 19. Building elevations: The proposed buildings will not exceed the 40 foot height limitation for a pitched roof structure. Building elevations have been submitted which show that the building height is 40 feet. 20. Dumpster: Screened dumpster storage areas are being provided. 21. Land dedication to City: The applicant is proposing to dedicate a 5.33 acre parcel (lot #4) to the City for a recreation area. The legal documents for this dedication must be approved by the City Attorney and submitted to the Director of Planning & Zoning prior to the issuance of a zoning permit for the first building. 22. Dwelling unit size: The minimum floor area requirement of 425 square feet per unit will be met. The unit sizes will range from 685 square feet to 1164 square feet. 23. Impact fee exemptions: The applicant has requested to be exempted from the road impact fee in return for donating the land for the Airport Parkway realignment. They are also requesting to be exempted from the recreation impact fee in return for donating the 5.33 acre parcel for recreation use. The Impact Fee Ordinance has a provision which allows credits for "In -Kind" contributions. An "In - Kind" contribution is defined as a "provision by a person subject to payment of an impact fee of land or construction of facilities that are related to the types of facilities on which the impact fee is based, and which are included in or consistent with the City's Comprehensive Plan." 24. The land for the realigned r.o.w. and for the recreation area are not the types of facilities on which the road and recreation impact fees are based. Therefore, the Planning Commission can not recommend to the City Council that a credit be given for "In -Kind" contributions. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission proves the final plat application of Far Water, Ltd. for construction of an 85 unit planned residenti 1 development in four (4) buildings and subdivision of a 12.67 parcel into three (3) parcels of 12-31 acres, 0.33 acres, and 5.33 acres, 1952 and 1953 Airport Parkway, as depicted on a sixteen (16) page set of plans, page 3 one (1) entitled, "Preliminary Boundary Re -Survey Property known as `The Ledges' on Airport Parkway South Burlington, Vermont," prepared by Chase & Chase Surveying - Septic Design, dated June, 1998, last revised on 7/20/98, 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. Three (3) copies of the approved revised plat plans shall be submitted to the Director of Planning & Zoning prior to recording. a) The survey plat shall be revised to show an easement on lot #1 near the bridge for a turn- around for City vehicles. b) The site plans shall be revised to provide a bike rack for each residential building. c) The final plat plans shall include details of the turn -around for City vehicles being provided on lot #1 which shall be approved by the City Engineer. 3) The Planning Commission approves a sewer allocation of 21,167 gpd (this includes the 20% reduction allowed by State). The applicant will be required to pay the per gallon fee prior to permit issuance. 4) The Planning Commission 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. 5) 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. 6) Prior to issuance of a zoning permit, the applicant shall post a $35,430 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 7) 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 of Planning & Zoning prior to installation. 8) Prior to permit issuance, the applicant shall submit a revised traffic impact study to the Director of Planning & Zoning and AOT which uses the year 2003 for the LOS study and provides the traffic generation for the A.M. peak. 9) The proposed sewage pumping station and force main shall be privately maintained by the home 4 owners. 10) The applicant/homeowners shall be responsible for maintaining all erosion control measures for the duration of the project. 11) 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. 12) Based upon the expressed representation of the applicant, the applicant agrees to dedicate to the City the necessary ROW 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. 13) Any change to the final plat plan shall require approval by the South Burlington Planning Commission. 14) The final plat plans (sheets 1 of 12, 2 of 10, 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 plats in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. Chairman or Clerk South Burlington Planning Commission /0 - 7 1?P Date