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Home My WebLink AboutSD-08-43 SD-08-44 - Decision - 0130 0136 0140 Allen Road East#SD-08-43 #SD-08-44 City of SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC PRELIMINARY PLAT APPLICATION #SD-08-43 FINAL PLAT APPLICATION #SD-08-44 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 a 13,613 sq. ft. lot (lot #10) developed with a three (3) unit multi -family dwelling into three (3) lots, 130, 136, 140 Allen Road East. The Development Review Board held a public hearing on Tuesday, September 2, 2008. David 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 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 a 13,613 sq. ft. lot (lot #10) developed with a three (3) unit multi -family dwelling into three (3) lots, 130, 136, 140 Allen Road East. 2. The owner of record of the subject property is South Village, LLC. 3. The subject property is located in the Southeast Quadrant -Neighborhood Residential (SEQ-NR) Zoning District and the Southeast Quadrant -Natural Resource Protection (SEQ-NRP) Zoning District. 4. The plan submitted is entitled, "Plat of Survey 3 Units -Lot 10 South Village Communities, LLC 130 Allen Road East. South Burlington Vermont", prepared by Civil Engineering Associates, Inc., dated July 14, 2008. Dimensional Standards: The applicant is proposing to subdivide a 13,613 sq. ft. lot (lot #10) developed with a three (3) unit multi -family dwelling into three (3) lots. This action would create non- conforming lots and therefore will not be considered three lots for planning and zoning. For purposes of planning and zoning, the two (2) lots included in this subdivision shall be considered one (1) 13,613 sq. ft. lot. - 1 - #SD-08-43 #SD-08-44 The applicant is also seeking to amend the master plan restrictions for the individual lots, to provide a blanket approval for the following: that the proposed lot coverage not to exceed 80% and building coverage not to exceed 70%. A master plan application has not been submitted to amend the approved Master Plan. The Board does not support this amendment, for this triplex lot, and certainly not for the entirety of the PUD. The applicant shall apply individually for any further subdivisions of triplex buildings as they are proposed. 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 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. -2- #SD-08-43 #SD-08-44 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. DECISION Motion by I (3A Jii j1 seconded by 9W r t 1 l � , to c � �I approve Preliminary Plat Applica on #SD-08-43 and Final Plat Applicatio #SD-08-44 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. Prior to recording the final plat plans, the applicant shall record a "Notice of Condition" approved by the City Attorney, which states that for zoning and subdividing purposes the envelope lots (#10-1, 10-2 & 10-3) will be considered one (1) lot (eg. coverage and setback requirements). 4. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 5. 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 South Burlington GIS Coordinator. Mark Behr —ke nay/abstain/not present Matthew Birmingham — yea/nay/abstain/ t pre t John Dinklage — yea/nay/abstain/n t res Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/n t p en Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of � - v - -3- #SD-08-43 #SD-08-44 Signed this �t day of �� M 2008, by Mark Behr, Vice Chair 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-