HomeMy WebLinkAboutSD-16-08 - Decision - 0000 Preserve Road#SD-16-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC — PRESERVE ROAD
FINAL PLAT APPLICATION #SD-16-08
FINDINGS OF FACT AND DECISION
Final plat application #SD-16-08 of South Village Communities, LLC to amend a previously approved
planned unit development of Phase II consisting of 91 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 May 17, 2016. 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 91 residential units of a 334 residential unit project. The
amendment is to reduce the required side and rear yard setback to five (5) feet for lots #38-70,
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, LLC Spear Street South Burlington, Vermont", prepared by Civil Engineering
Associates, Inc., dated 10/31/13 and last revised on 10/15/2014.
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).
6. The Board previously approved this same request (#SD-15-19); however, the final plat plan was
not recorded within 180 days, which resulted in voiding of the approval.
DECISION
Motion by John Wilking, seconded by David Parsons, to approve final plat application #SD-16-08 of
South Village Communities, LLC subject to the following stipulations:
1. All previous approvals and stipulations remain in full effect except as amended herein.
2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
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3. The Board approves the following waivers:
a. The side and rear yard setbacks are reduced from 10 ft. to 5 ft. for lots #38-70.
4. The final plat plans must be revised to show the changes below and will require approval of the
Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the
Administrative Officer prior to recording the final plat plans:
a. The plans must be revised to show side and rear yard setbacks as five (5) ft. for lots #38-70.
5. Any changes to the final plat plan must require approval of the South Burlington Development
Review Board.
6. Prior to issuance of a zoning permit for the project, the applicant must submit to the Administrative
Officer a final set of project plans as approved in digital (PDF) format.
7. The mylar must be recorded prior to any zoning permit issuance.
8. The final plat plan (Sheet P2) must be recorded in the land records within 180 days or this approval
is null and void. The plat must be signed by the Board Chair or Clerk prior to recording.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 6— 0 — 0.
Signed this 18th day of May 2016, by
Bill Miller, Miller, Vice -Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
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The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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