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Home My WebLink AboutSD-09-17 SD-09-18 - Decision - 1840 Spear Street#SD-09-17 #SD-09-18 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC -1840 SPEAR STREET PRELIMINARY PLAT APPLICATION #SD-09-17 FINAL PLAT APPLICATION #SD-09-18 FINDINGS OF FACT AND DECISION South Village Communities, LLC, hereinafter referred to as the applicant, is seeking approval for preliminary plat application #SD-09-17 and final plat application #SD-09-18 of South Village Communities, LLC to amend a previously approved planned unit development of Phase I consisting of 156 residential units, a 100 student educational facility, and a 35 acre community supported farm. The amendment consists of: 1) subdividing a 187.71 acre parcel (lot #48) into three (3) lots of 2.71 acres (lot #11 B), 0.45 acres to be added to lot 11A, and 184.6 acres (remaining lot #48), and 2) developing lot #11 B into a publicly owned soccer field with associated parking, 1840 Spear Street. The Development Review Board held a public hearing on April 21, 2009. David Sheuer 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 approval for preliminary plat application #SD-09-17 and final plat application #SD-09-18 of South Village Communities, LLC to amend a previously approved planned unit development of Phase I consisting of 156 residential units, a 100 student educational facility, and a 35 acre community supported farm. The amendment consists of: 1) subdividing a 187.71 acre parcel (lot #48) into three (3) lots of 2.71 acres (lot #11B), 0.45 acres to be added to lot 11A, and 184.6 acres (remaining lot #48), and 2) developing lot #11 B into a publicly owned soccer field with associated parking, 1840 Spear Street. 2. The owner of record of the subject property is South Village Communities, LLC. 3. The application was received on March 30, 2009. 4. The subject property is located in the South East Quadrant Zoning District. 5. The plan submitted consists of an 11 page set of plans, page one (1) entitled, "Phase Subdivision Plat," prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised on 3/25/09. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: I:\Development Review Board\Findings_Decisions\2009\SouthVillage\SouthVillage_SD0917_SD0918_ffd.doc #SD-09-17 #SD-09-18 (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. (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. The proposed soccer field will not be accompanied by any new buildings. The parking lot proposed to accommodate the field is located to the rear of the field as it would be visible from Spear Street. While there are no minimum parking standards for the soccer field in relation to the South Burlington Land Development Regulations, the Director of Recreation has worked with the applicant to provide an appropriate level of parking (62 spaces proposed). 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. It is not necessary to create access to the properties that abut the subject property. (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. 2 11Development Review Board\Findings_Decisions\2009\SouthVillage\SouthVillage_SD0917_SD0918_ffd.doc #SD-09-17 #SD-09-18 (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 No additional landscaping shall be required as a result of this proposal. However, the applicant is proposing additional plantings. The plans reflect that 10% of the parking lot interior will be landscaped as required. Lighting The applicant has not proposed any lighting to be associated with this soccer field, and the Recreation Director has confirmed that no lighting is being planned or requested. DECISION Motion by (Q- 94114#1 seconded by to approve Preliminary Plat App ication #SD-09-17 & Final Plat Application SD-09-18 of South Village Communities, LLC, 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 final plat plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the revised plat plans shall be submitted to the Administrative Officer prior to recording. a. The survey plats shall be revised to include the signature and seal of the land surveyor b. The plans shall be revised to extend the fence around the soccer field so it extends a minimum of 30 feet either side of the center of the goal. 4. The easement deed for the access right-of-way across lot #11A shall be approved by the City Attorney and recorded in the land records simultaneously with the recording of the subdivision plats. 5. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or the site plan approval portion of this decision is null and void. I:\Development Review Board\Findings_Decisions\2009\SouthVillage\SouthVillage_SD0917_SD0918_ffd.doc #SD-09-17 #SD-09-18 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the soccer field. 7. Prior to permit issuance, the applicant shall post a landscaping bond for a total of $11,470. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 8. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9. The mylar shall be recorded prior to permit issuance 10. The final plat plans (sheets S1.3 and S1.3A) 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 South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain/not present --- Matthew _ Birmingham — yea/nay/abstain of present John Dinklage I nay/abstain not resent Roger Farley —ay/abstain/not present Eric Knudsen —nay/abstain/not present Peter Plumeau /nay/abstain/not present Gayle Quimby nay/abstain/not present Motion carried by a vote of U Signed this day of \ 2009, by Mark Behr, Vice 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 (:\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\SouthVillage_SD0917_SD0918_ffd.doc