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Home My WebLink AboutSD-09-36 - Decision - 0034 0038 0042 East Fisher Lane#SD-09-36 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC - 34, 38, 42 E. FISHER LANE FINAL PLAT APPLICATION #SD-09-36 FINDINGS OF FACT AND DECISION South Village Communities, LLC, hereinafter referred to as the applicant, is seeking final plat approval to amend a previously approved planned unit development of Phase 1 consisting of 156 residential units and a 100-student educational facility, of a 334 residential unit project. The amendment consists of subdividing a 14,155 sq. ft. lot into three (3) lots, 34, 38 & 42 East Fisher Lane. The Development Review Board held a public hearing on Tuesday, September 1, 2009. Michelle Holgate 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 applicant is seeking final plat approval to amend a previously approved planned unit development of Phase 1 consisting of 156 residential units and a 100-student educational facility, of a 334 residential unit project. The amendment consists of subdividing a 14,155 sq. ft. lot into three (3) lots, 34, 38 & 42 East Fisher Lane. 2. The owner of record of the subject property is South Village Communities, LLC. 3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. 4. The plan submitted is entitled, "Plat of Survey South Village Communities, LLC Lot 14 Townhouses 42 East Fisher Lane South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated Aug. 7, 2009. Dimensional Standards: The applicant is proposing to subdivide a 14,155 sq. ft. lot into three (3) separate lots. This action would create non -conforming lots and therefore will not be considered two lots for planning and zoning. For purposes of planning and zoning, the three (3) lots included in this subdivision shall be considered one (1) 14,155 sq. ft. lot. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. t I:\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\SouthVilage_SD0936_ffd.doc #SD-09-36 (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (fl Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. There are no changes to the above criteria in relation to this application. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). (d) Landscaping and Screening Requirements There are no changes to the above criteria in relation to this application. 2 I:\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\SouthVilage_SD0936_ffd.doc #S D-09-36 DECISION Motion by & (' Q41AW, seconded by 4G CA *L�lto approve Final PI t Application #SD- 9-36 of South Village Communities, LL , subject to the following conditions: 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 plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. The subdivision plat shall be revised to include the signature and seal of the land surveyor. 4. For purposes of planning and zoning, the three (3) lots included in this subdivision shall be considered one (1) 14,155 sq. ft. lot. The applicant shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 6. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. 3 I:\Development Review Boa rd\Findings_Decisions\2009\SouthViIlage\SouthVi lag e_SD0936_ffd.doc #SD-09-36 Mark Behr — e&nay/abstain/not present __ Matthew Birmingh — yea/nay/abstain/ of resen John Dinklage nay/abstain/not present Roger Farley — nay/abstain/not present Eric Knudsen — e ay/abstain/not present William Stuono — /nay/abstain/not present Gayle Quimby — ea nay/abstain/not present Motion carried by a vote of 6 -v - v Signed this day of 2009, by John Dinkl ge, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 4 I:\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\SouthVilage_SD0936_ffd.doc