HomeMy WebLinkAboutSD-08-24 SD-08-25 - Decision - 1840 Spear Street#SD-08-24
#SD-08-25
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
PRELIMINARY PLAT APPLICATION #SD-08-24
FINAL PLAT APPLICATION #SD-08-25
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, May 20, 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 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 owner of record of the subject property is South Village Communities, LLC.
3. The subject property is located in the Southeast Quadrant Neighborhood
Residential (SEQ-NR) Zoning District.
4. The plan submitted is entitled, "South Village Spear Street & Allen Road South
Burlington, VT Phase I Subdivision Plat", prepared by Civil Engineering
Associates, Inc., dated July, 2004, last revised on 3/31/08.
- 1 -
#SD-08-24
#SD-08-25
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 lots 4A & 4B 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.
DECISION
Motion by Gavle Quimby, seconded by Roger Farley, to approve Preliminary Plat
Application #SD-08-24 &Final Plat Application #SD-08-25 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 plat plan shall be revised to show the changes below and approved by the
Administrative Officer. Four (4) copies of the approved revised plat plan shall be
submitted to the Administrative Officer prior to recording:
a. The subdivision 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% only
for lots 4A & 4B.
5. Any change to the final plat plan shall require approval of the South Burlington
Development Review Board.
#SD-08-24
#SD-08-25
6. The final plat plan (subdivision 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
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 presen
Matthew Birmingham — yea/nay/a stain of present
John Dinklage —&nay/abstain/not
nay/abstain/not presen
Roger Farley — present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — e nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of S-1 U- 0
Signed this day of 2008, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
-3-