HomeMy WebLinkAboutSD-15-19 - Decision - 0000 Preserve Road#SD-15-19
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC —1840 SPEAR STREET
FINAL PLAT APPLICATION #SD-15-19
FINDINGS OF FACT AND DECISION
South Village Communities, LLC, hereinafter referred to as the applicant, seeks Final Plat approval to
amend a previously approved planned unit development of Phase 11 consisting of 99 residential units of
a 334 residential unit project. The amendment is to reduce the required side and rear yard setback to
five (5) feet, Preserve Road.
The Development Review Board held a public hearing on July 7, 2015. Robin Jeffers 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 seeks Final Plat approval to amend a previously approved planned unit
development of Phase II consisting of 99 residential units of a 334 residential unit project. The
amendment is to reduce the required side and rear yard setback to five (5) feet, Preserve Road.
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 consist of one (1) page entitled "Phase 2 Lotting Plat South Village
Communities, LLCSpear Street South Burlington, Vermont", prepared by Civil Engineering
Associates, Inc., dated 10/31/13 and last revised on 12/8/14.
5. The Board granted a similar request for a reduction in side yard and rear yard setbacks from 10
ft. to 5 ft. for Phase I of South Village on January 9, 2008 (#SD-7-74 and #SD-7-75).
DECISION
Motion by Bill Miller, seconded by John Wilking, to approve final plat application #SD-15-19 of South
Village Communities, LLC subject to the following stipulations:
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.
The Board approves the following waivers:
a. The side yard setback and rear yard setbacks are reduced from 10 ft. to 5 ft. for lots #38-70.
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#SD-15-19
4. The final plat 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 plans:
a. The plans shall be revised to show side yard setback and rear yard setbacks as 5 ft. for
lots #38-70.
5. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
6. Prior to issuance of a zoning permit for the project, the applicant shall submit to the Administrative
Officer a final set of project plans as approved in digital (PDF) format.
7. The mylars shall be recorded prior to any zoning permit issuance.
8. The final plat plan (Sheet P2) shall be recorded in the land records within 180 days or this approval
is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording.
Tim Barritt
Mark Behr
Brian Breslend
Bill Miller
David Parsons
Jennifer Smith
John Wilking
Motion carried by a vote 4 ?1-0-0.
Ye Nay
Abstain
Not Present
Yea Nay
Abstain
of Presen
Yea Nay
Abstain
Not Present
ffe-Z Nay
Abstain
Not Present
e Nay
Abstain
Not Present
Nay
Abstain
Not Present
Ue Nay
Abstain
Not Present
Signed this 9154
day of U"1 2015, by
-- Tim Barritt, 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).
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