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Home My WebLink AboutSD-08-03 SD-08-04 - Decision - 1840 Spear Street#SD-08-03 #SD-08-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC PRELIMINARY PLAT APPLICATOIN #SD-08-03 FINAL PLAT APPLICATION #SD-08-04 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) reducing the front yard setback from 10' to 5', and 2) adding utility cabinets, 1840 Spear Street. The Development Review Board held a public hearing on Tuesday, February 5, 2008, Tuesday, February 19, 2008, and Tuesday, March 4, 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 1) 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) reducing the front yard setback from 10' to 5', and 2) adding utility cabinets, 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 Zoning District. 4) The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "South Village Spear Street and Allen Road South Burlington, VT Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated July 2004, last revised on 1 /3/08. The applicant and staff met with Fire Chief Doug Brent on December 20, 2007. After a thorough discussion, the agreed approach is as follows.- 1. Non -weatherized porches may extend into the front yard setback but must respect a minimum distance of five (5) feet from the front property line. Such #SD-08-03 #S D-08-04 porches may be covered but not weatherized or otherwise used as livable space. 2. Only one story porches will be permitted between at the five (5) yard setback limit. 3. The front yard setback for all other portions of the buildings will remain at 10 feet. The Director of Public Works has issued a memo regarding the reduced front yard setback, dated January 8, 2008 and revised February 4, 2008. The Board considered the request and the statements of various staff members regarding the reduced front yard setback. Utility Cabinets: The screening plans meet the goals of the South Burlington Land Development Regulations to significantly screen the proposed structures. The City Arborist, per the memo dated February 1, 2008, recommends a change in some of the proposed species. The applicant is requesting approval to locate the cabinets within the front yard setback. The South Burlington Land Development Regulations state that no accessory structure may be located in the front yard. The applicant is requesting a waiver from this regulation. The applicant is proposing to locate three of the utility boxes as close as five feet from the property lines. As noted in the comments of the City Arborist dated February 1, 2008, this requests presents a real problem with the ability to properly screen these units. The applicant is proposing to place some of this landscaping within the City's Right of Way. This is not permitted nor encouraged by the City and should not be allowed. The five feet that would be left between the ROW and the transformer does not permit adequate space to provide adequate screening of these units. There do not appear to be any restrictions on the land which would prohibit the location of these units at least 10 feet from the right-of-way. The Board does not support the request to locate the utility cabinets and related structures any closer than ten (10) feet from the City's Right of Way. The front yard setback in the Southeast Quadrant is 20 feet. This would result in a front yard setback waiver of 10 feet. -2- #SD-08-03 #SD-08-04 DECISION Motion by Gayle Quimby, seconded by Roger Farley to approve Preliminary Plat Application #SD-08-03 & final plat application #SD-08-04 of South Village 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 recording the final plat plan. a. The plans shall be revised to locate all proposed utility cabinets and concrete pads at least ten (10) feet from the front property lines. b. The landscape plans shall be revised to comply with the requests of the City Arborist as outlined in his memorandum dated 2/1/08. c. The landscape plans shall be revised to show all landscaping for the utility cabinets on the applicant's property. 4) Non -weatherized porches (on the following lots: 7, 7A, 8-10, 10A, 10B, 12, 23, 28, 31, 32, 37, 38, 43, & 44) may extend into the front yard setback but must respect a minimum distance of five (5) feet from the front property line. Such porches may be covered, but not weatherized or otherwise used as livable space. The five (5) foot area between the non -weatherized porches and the front property line shall be free of shrubs, trees & other plantings. 5) The front yard setback for all other portions of the buildings shall remain at 10 feet. Side and rear setbacks shall be permitted to be five (5) feet from the property line. 6) The Board grants a waiver to allow for the location of three (3) accessory structures (utility cabinets) in the front yard. 7) The Development Review Board grants a front yard setback of ten (10) feet for the three (3) utility cabinets and associated concrete pads. The structures shall in no case be located closer than ten (10) feet from the right-of-way. 8) There shall be no curb cuts onto a public street for the following lots: 7, 7A, 8-10, 10A, 10B, 12, 23, 28, 31, 32, 37, 38, 43, 44. 9) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 10) The final plat plan (sheet C6.1) 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. - J - #SD-08-03 #SD-08-04 Mark Behr — yta/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yta/nay/abstain/not present Gayle Quimby — yea/Day/abstain/not present Motion carried by a vote of 6-1-0 Signed this _4&_ day of 2008, by John Dinklage, Chairman LI-1 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). -4-