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HomeMy WebLinkAboutMP-14-01 - Decision - 1840 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC —1840 SPEAR STREET MASTER PLAN APPLICATION #MP-14-01 FINDINGS OF FACT AND DECISION Master Plan application #MP-14-01 of South Village Communities, LLC to amend a previously approved master plan for a multi -phase 334 unit planned unit development. The amendment consists of specifying that for the approval of footprint lots for two (2) unit and three (3) unit multi -family dwellings the only review necessary would be final plat review, 1840 spear Street. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. South Village Communities, LLC filed application MP-14-01 to amend a prior master plan approval, specifying that for the approval of footprint lots for two (2) unit and three (3) unit multi -family dwellings the only review necessary would be final plat review, 1840 Spear Street. 2. The application was received on April 24, 2014. 3. T he applicant was represented by Robin Jeffers. 4. The subject property is located in the Southeast Quadrant Zoning District. 5. The applicant submitted a one page site plan entitled, "Spear Street and Allen Road South Burlington, VT Master Plat Plan" prepared by Civil Engineering Associates, Inc., dated August, 2004. 6. The DRB held a public hearing on May 20, 2014. 7. The previous master plan approvals were #MP-04-01 and #MP-05-02 8. Nothing is changing in this project as approved previously, aside from the proposed procedural matter as described above. MASTER PLAN REQUIREMENT Pursuant to Section 15.07 of the South Burlington Land Development Regulations (hereafter referred to as the SBLDRs), the Development Review Board shall require a master plan for any application of more than ten (10) dwelling units in the Southeast Quadrant. This application may, at the applicant's request, be combined with preliminary subdivision plat review. The DRB shall review the master plan and all areas proposed for preliminary plat simultaneously and shall make separate findings of fact as to the master plan and the areas reviewed for preliminary plat. 15.07 of the South Burlington Land Development Regulations govern Master Plan review and approval. ) 1 CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING MS-14-05 As the master plan may be combined with the preliminary plat, many of the items required are included in the preliminary plat, and do not necessitate redundant mention in this paragraph. There are some items which are exclusively tied to the master plan process which staff will try to distinguish below. Section 15.07 (D) (5) The DRB may in its findings of fact on the master plan, or its approval of a site plan or preliminary plat pursuant thereto, specify certain minor land development activities (such as but not limited to the addition of decks or porches to dwelling units) that will not require DRB action, and may be undertaken pursuant to issuance of a Zoning Permit. Based on the authority granted above, the Board will specify that all requests for the approval of footprint lots for two (2) unit and three (3) unit multi -family dwellings will only need final plat review. DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve Master Plan application #MP-14-01 of South Village Communities LLC, subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The Master Plan is hereby amended such that any request for the approval of footprint lots for two (2) unit and three (3) unit multi -family dwellings shall only need final plat review. 4. Any changes to the Master Plan plan shall require approval of the South Burlington Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea 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 Motion carried by a vote of 6 — 0 — 0 CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING MS-14-05 rA Signed this �3—day of I " 'A 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://vermontoudiciary.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.