HomeMy WebLinkAboutSD-08-60 SD-08-61 - Decision - 1840 Spear Street#SD-08-60
#SD-08-61
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC - 1840 SPEAR STREET
PRELIMINARY PLAT APPLICATION #SD-08-60
FINAL PLAT APPLICATION #SD-08-61
FINDINGS OF FACT AND DECISION
South Village Communities, LLC, hereinafter referred to as the applicant, is seeking
preliminary plat and final plat approval to amend a previously approved planned unit
development of Phase I consisting of 156 residential units and a 100-student educational
facility, of a 334 residential unit project. The amendment consists of: 1) subdividing a
1.05 acre lot (lot 4) into two (2) lots of 0.53 acres (lot 4A) and 0.52 acres (lot 4B), 64& 96
Aiken Street, and 2) increasing lot coverage waiver from 65% to 75%, 1840 Spear
Street.
The Development Review Board held a public hearing on Tuesday, January 20, 2009.
Dave Marshall 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
The applicant is seeking preliminary plat and final plat approval to amend a
previously approved planned unit development of Phase I consisting of 156
residential units and a 100-student educational facility, of a 334 residential unit
project. The amendment consists of: 1) subdividing a 1.05 acre lot (lot 4) into two
(2) lots of 0.53 acres (lot 4A) and 0.52 acres (lot 413), 64& 96 Aiken Street, and 2)
increasing lot coverage waiver from 65% to 75%, 1840 Spear Street.
2. The same request was made and approved by the board in May 2008; however
the applicant did not record the Mylar in time and the approval lapsed.
3. The owner of record of the subject property is South Village Communities, LLC.
4. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
The plan submitted is entitled, "Phase 1 Subdivision Plat", prepared by Civil
Engineering Associates, Inc., dated July, 2004, last revised on 3/31/08.
F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\SouthVillage\SP086061_FFD.doc
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Subdivision of Lot 4:
The applicant is proposing to subdivide Lot 4 into two parcels of .53 and .52 acres
respectively. The minimum lot size in the Southeast Quadrant for multi -family residential
is approximately .92 acres. Therefore, the applicant is requesting a waiver of the
minimum lot size.
The Board has no objections to this request. Had the applicant not drawn a property line
around each building, the same buildings would meet the ordinance as it simply refers to
minimum lot size for multifamily residential and does not relate to the number of units.
Increased Lot Coverage:
The applicant is proposing to increase the approved percentage of impervious lot
coverages on the multifamily lots in Phase 1 from 65% to 75%. The applicant is not
requesting a change to the limitation on lot coverage for the entire project, which
remains in the range of 16% at full build -out. The Board should discuss this request.
DECISION
Motion by seconded by AbIrk 1 fAC
to approve Preli inary Plat Apliilication #SD-08-60 & Final Plat Application #SD-08-61 of
South Village Communities, 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 plat shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plat shall
be submitted to the Administrative Officer prior to permit issuance.
a. The survey plat shall be revised to include the signature and seal of the
land surveyor.
4. The Board approves increasing the overall lot coverage from 65% to 75 % for
lots 4A & 4B.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. 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.
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FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\SP086061_FFD.doc
#SD-08-60
#SD-08-61
Mark Behr - ey/nay/abst in/not present
Matthew Birmingham - ea ay/abstain/not present
John Dinklage -yea/nay/abstain not resen
Roger Farley - ea ay/abstain/not present
Eric Knudsen - e nay/abstain/not present
Peter Plumeau - ea/nay/abstain of present
Gayle Quimby ye nay/abstain/not present
Motion carried by a vote of C)
Signed this ,���day of A V1- ✓ 2009, by
rk 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).
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\SP086061_FFD.doc