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Home My WebLink AboutSD-08-63 SD-08-64 - Decision - 0024 0028 West Fisher Lane#S D-08-63 #S D-08-64 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC — 24 & 28 WEST FISHER LANE PRELIMINARY PLAT APPLICATION #SD-08-63 FINAL PLAT APPLICATION #SD-08-64 FINDINGS OF FACT AND DECISION South Village Communities, LLC, hereinafter referred to as the applicant, is seeking preliminary and 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 lot #19 developed with a two (2) family dwelling into two (2) lots, 24 and 28 W. Fisher Lane. The Development Review Board held a public hearing on Tuesday, January 20, 2009. Joe Segale 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 and 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 lot #19 developed with a two (2) family dwelling into two (2) lots, 24 and 28 W. 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 19-2 Townhouses 24 & 28 West Fisher Lane South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated Dec. 18, 2008. Dimensional Standards: The applicant is proposing to subdivide an 11,097 sq. ft. lot (lot #19) developed with a two (2) unit multi -family dwelling into two (2) 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 two (2) lots included in this subdivision shall be considered one (1) 11,097 sq. ft. lot. 1 F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\SouthVillage\sd086364_ffd.doc #SD-08-63 #SD-08-64 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. (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. (t) 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 Burlinaton Land Development Reaulations: (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). 2 F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\SouthVillage\sd086364_ffd.doc #SD-08-63 #SD-08-64 (d) Landscaping and Screening Requirements There are no changes to the above criteria in relation to this application. DECISION Q AX�5Motion by L� ((% 6 seconded by 66 L-/N , to approve Prelimi ary Plat Applic tion #SD-08-63 and Final Plat Applicatio #SD-08-64 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 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 two (2) lots included in this subdivision shall be considered one (1) 11,097 sq. ft. lot. The applicant will be required to 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 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\sd086364_ffd.doc #SD-08-63 #SD-08-64 Mark Behr — nay/abst in/not present Matthew Birmingham — e nay/abstain/not present John Dinklage —Aea nay abstain of presen Roger Farley —ay/abstain/not present Eric Knudsen —av/abstain/not Dresent Peter Plumeau —,yea/nay/abstain of present Gayle Quimby — yea nay/abstain/not present Motion carried by a vote of '- U - D Signed this ZO?day of A1%' -T 2009, by 41 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 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\SouthVillage\sd086364_ffd.doc