HomeMy WebLinkAboutSD-07-74 SD-07-75 - Decision - 1840 Spear Street#SD-07-74
#SD-07-75
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
PRELIMINARY PLAT APPLICATION #SD-07-74
FINAL PLAT APPLICATION #SD-07-75
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 1 consisting of 156 residential units and a 100 student
educational facility, of a 334 residential unit project. The amendment consists of: 1)
reducing rear yard setback from 10 feet to 5 feet, 2) reducing side yard setback from 10
feet to 5 feet, and 3) revising the lot configuration of the northern third of Phase 1, 1840
Spear Street
The Development Review Board held a public hearing on Tuesday, January 8, 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 1 consisting of 156 residential units and a
100 student educational facility, of a 334 residential unit project. The amendment
consists of: 1) reducing rear yard setback from 10 feet to 5 feet, 2) reducing side yard
setback from 10 feet to 5 feet, and 3) revising the lot configuration of the northern third of
Phase 1, 1840 Spear Street
2. The owner of record of the subject property is Paul Calkins.
3. The subject property is located in the Southeast Quadrant Zoning District.
4. The plans submitted consist of a six (6) page set of plans, page one (1) entitled,
"Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated July,
2004 last revised on 1/3/08.
5. The Development Review Board held a public hearing on Tuesday, December 11,
2007. At that time, the Board discussed the concerns that the Fire Chief had with respect
to reduced front yard setback and the possible impact that could have on adequate and
efficient emergency response. The Board instructed the applicant to meet with the Fire
Chief and staff and discuss the issue further.
6. The applicant and staff met with Fire Chief Doug Brent on December 20, 2007. After a
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thorough discussion, all agreed that the side and rear yard setbacks will be permitted to
be five (5) feet from the property line.
The applicant has also relocated parking on the streets to provide better access and set
up for emergency response vehicles.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Preliminary Plat
Application #SD-07-74 and Final Plat Application #SD-07-75 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 recording.
a. The plans shall be revised to show a 10 foot front setback.
4) Side and rear yard setbacks will be permitted to be five (5) feet from the property
line.
5) Any changes to the final plat plan shall require approval by the South Burlington
Development Review Board.
6) The final plat plan (sheet S1.3) 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 the approval of the South Burlington GIS
Coordinator.
Mark Behr — yea/nay/abstain/ oAisain/14
Matthew Birmingham — yea/nay
trese
John Dinklage — eDnay/abstain/not present
Roger Farley — relay/abstain/not present
Eric Knudsen — e nay/abstain/not re t
Peter Plumeau — yea/nay/abstai ndf pres
Gayle Quimby nay/abstain/not present
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!� #SD-07-75
Motion carried by a vote of !-� -
Signed this day of 2008, by
John Dinklage,
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).
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