HomeMy WebLinkAboutAgenda 09_South Village Reconsideration Request1
Marla Keene
From:Robin Jeffers <robin@SDIRELAND.COM>
Sent:Tuesday, March 30, 2021 10:51 AM
To:Marla Keene
Subject:FW: [EXTERNAL]RE: [EXTERNAL]RE: [EXTERNAL]MP-21-01 SD-21-02 and SD-21-03 1840 Spear -
South Village FFD
March 30, 2021
Dear Marla and DRB Members,
We respectfully request reconsideration of the following items listed below from recent Approvals and Findings of
Fact for South Village;
Specifically from #MP‐21‐01: (South Village Master Plat)
FOF Paragraph 9 (#5) Reducing the total unit count to 321. This finding incorrectly references the number of affordable
units approved in the master plan as 65. The correct number is 33 as that is how many units were approved at that
time.
We request that the correct number of affordable units approved in the original master plan be referenced
which is 33, not 65 as printed. This can be accomplished by simply changing the number in the finding as follows,
which currently reads: While master plan amendment is only required for increasing the number of approved
units, because the master plan finding that 65 33 affordable units would be constructed, and the applicants’
subsequent reduction in affordable units to 26, an amendment is needed.
Specifically in SD‐21‐02: (for lot 11s)
Condition #6 states that the area south and west of the fence on lot 48x shall be allowed to revegetate naturally.
We are asking reconsideration of this item because the correct LOT # to reference is LOT 11C
Condition #16 states that a zoning permit must be obtained for the first building within six (6) months of approval with
the option for requesting a one (1) year extension.
We formally seek reconsideration of this condition because it will likely take us more than six months to obtain
the remaining (IZ review, Act 250, etc) permits and only at that time will we be in a position to file for a zoning
permit for one of the buildings, which alone can take more than 30 days to issue. Furthermore, as you know we
have also received approval for the 4 duplexes on lot 48N and the road that serves them and we cannot start
both of these projects at the same time. We request that this condition be changed to be required to obtain the
first zoning permits within 18 months. Changing this condition in conjunction with changing condition # 12 in SD‐
20‐02 basically gives us 18 months to start building homes in both of these projects, which is a more realistic and
practical schedule.
Condition #26 uses the word inclusionary.
Because these are not inclusionary units and because inclusionary is a defined term in the LDRs we would like
the word affordable to be used to replace the word inclusionary in Condition #26
Specifically in #SD‐21‐03: (Lot 48N)
Condition #12 states that a zoning permit must be obtained for the first building within six (6) months of approval with
the option for requesting a one (1) year extension.
We formally seek reconsideration of this condition because it will likely take us more than six months to obtain
the remaining (IZ review, Act 250) permits and only at that time will we be in a position to file for a zoning
permit, which alone can take more than 30 days to issue. Furthermore, as you know we have also received
2
approval for the 11 duplexes and we cannot start both of these projects at the same time. We therefore
request that this condition be changed to be required to obtain the first Zoning permits within 18 months.
Changing this condition in conjunction with changing the same condition (# 16) in SD‐20‐03 basically gives us 18
months to start building homes in both of these projects, which is a more practical schedule.
Condition #10 states that the driveway extension shall remain gravel.
Because this could be potentially confusing to future purchasers and administrators so we therefor request that
the condition be reworded to say “the driveway extension leading from Farm Edge Way shall remain gravel”.
The driveway ‘apron’ terminology seems clear.
Condition #22 uses the word inclusionary. Because these are not “inclusionary” units and because inclusionary is a
defined term in the LDR and ordinance we request the word ‘affordable’ be used to replace the word ‘inclusionary’.
Respectfully submitted,
Robin Jeffers
South Village Communities LLC
SD Ireland, Developer
robin@sdireland.com
(802) 316‐6004