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Home My WebLink AboutSD-14-19 - Decision - 0006 0010 0014 East Fisher Lane#SD-14-19 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STERLING CONSTRUCTION, INC., ET. AL. SOUTH VILLAGE 334 PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-14-19 FINDINGS OF FACT AND DECISION Sterling Construction, Inc. et. al., hereinafter referred to as the applicants, are seeking approval for final plat application #SD-14-19 of Sterling Construction for approval of seven (7) footprint lots, 6, 10 & 14 E. Fisher Lane, 4 & 8 W. Fisher Lane and 139, 143 South Jefferson Road. Lot 13 becomes lots 13.1, 13.2, and 13.3; lot 18 becomes lots 18.1 and 18.2; and lot 46 becomes lots 46.1 and 46.2, as shown on the "Plat of Survey' for each lot. The Development Review Board held a public hearing on July 15, 2014. Robin Jeffers represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The amendment consists of creating seven "footprint lots", subdividing three previously approved lots, with one (1) lot for each dwelling unit. Lot 13 becomes lots 13.1, 13.2, and 13.3; lot 18 becomes lots 18.1 and 18.2; and lot 46 becomes lots 46.1 and 46.2, all as shown on the "Plat of Survey" for each lot. 2. The owners of record of the subject properties are: lots 13 and 46: Sterling Construction; lot 18.1: Fred Westerfeld; lot 18.2: Wendell & Martha Davis. 3. The application was received on May 30, 2014. 4. The subject property is located in the Southeast Quadrant Zoning subdistrict. 5. The plans submitted are entitled "Plat of Survey Lot 13 Townhouses South Village 6, 10, & 14 West Fisher Lane", dated May 16, 2014; "Plat of Survey Lot 18 Townhouses South Village 4 & 8 West Fisher Lane", dated March 10, 2014; and "Plat of Survey Lot 46 Townhouses South Village 139 & 143 Madison Lane", dated May 20, 2014; all prepared by Civil Engineering Associates, Inc. Dimensional Standards: The applicant proposes to create lot lines in between the individual dwelling units and including front and year yard areas with each dwelling unit previously approved in this subdivision. This action would create non -conforming lots (being of insufficient individual size, and having zero #SD-14-19 setback in between each unit on a lot) and therefore will not be considered individual lots for the LDRs. For purposes of the LDRs, the seven lots included in this proposal shall be considered the three lots (Lots 13, 18, and 46) as approved previously. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. nFrminiu Motion by Bill Miller, seconded by Jennifer Smith, to approve Final Plat Application #SD-14-19 of Sterling Construction, et. al., subject to the following conditions: 1. All previous approvals and stipulations for the South Village project shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the three plats submitted by the applicants and on file in the South Burlington Department of Planning and Zoning. 3. The three (3) plats shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of each of the approved revised plats shall be submitted to the Administrative Officer prior to recording the plats. a. Each plat plan shall be revised to include the seal and signature of the land surveyor. 4. For purposes of the LDRs, all seven lots included in this subdivision shall be considered three lots as approved previously (lots 13, 18, and 46). The applicants shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plans. 5. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 6. The final plat plans (survey plats) shall be recorded in the land records within 180 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicants shall submit copies of the three survey plats in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— vea nay abstain not present David Parsons - vea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking — yea nay abstain not present 2 #SD-14-19 Motion carried by a vote of 5 — 0 — 0 1Y- Signed this day •f 2014, by Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset'' Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.