HomeMy WebLinkAboutSD-14-10 - Decision - 1840 Spear Street#SD-14-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC —1840 SPEAR STREET
FINAL PLAT APPLICATION #SD-14-10
FINDINGS OF FACT AND DECISION
Final plat application #SD-14-10 of South Village Communities, LLC to amend a previously approved plan
for Phase I of a 334 unit planned unit development. The amendment consists of amending condition #8
of final plat approval #SD-08-04 to allow lots #31 and #32 to have a curb cut onto a public street, 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 seeks to amend a previously approved plan for Phase I of a 334
unit planned unit development. The amendment consists of amending condition #8 of final plat
approval #SD-08-04 to allow lots #31 and #32 to have a curb cut onto a public street, 1840
Spear Street.
2. The owners of record of the subject properties is South Village Communities, LLC.
3. The application was received on February 28, 2014.
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plat submitted is entitled, "South Village Spear Street & Allen Road South Burlington, VT
Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated July, 2004, and
last revised on 2/25/14.
6. The DRB held a public hearing on May 6, 2014 and the applicant was represented by Robin
Jeffers.
7. The applicant seeks to amend prior approvals for Phase 1 of this mixed use development,
located off of Spear Street and Allen Street East, in the Southeast Quadrant Zoning District.
Specifically, they seek relief from condition #8 of the decision in preliminary plat application
#SD-08-03 and final plat application #SD-08-04 that prohibited curb cuts onto public streets for
a number of the residential lots on public streets that also fronted on private streets; these lots
were to use those private streets (all shown as lanes on the final plat) for access.
Lots #31 and #32 were included in that list in condition #8, even though they are corner lots
that only front on public streets. This prior prohibition, as written, prevents access to these two
duplex lots on the corner of Frost Street and Chipman Street.
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#SD-14-10
9. Applicant states that, "...we request curb cuts may be on both streets". The applicant has
submitted a design for the two (2) duplexes to be constructed on these lots which is attractive
and proposes that each unit have its curb cut on the street it faces resulting in only one (1) curb
cut per street per unit.
DECISION
Motion by Bill Miller, seconded by Jennifer Smith to approve final plat application #SD-14-10 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. Condition #8 of final plat approval #SD-08-04 is hereby amended to not include lots #31 and #32.
4. Each duplex unit developed on either lot #31 or #32 may have a curb cut but only one (1) curb cut
per street per unit is permitted. These curb cuts cannot be internally connected, i.e. via a circular
driveway.
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
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
John Wilking
yea
nay
abstain
not present
Motion carried by a vote of 7 — 0 — 0
IZ +� IV' Q Signed this f day of / y 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://vermontwudiciary.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.
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