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HomeMy WebLinkAboutSD-17-19 - Decision - 1840 Spear Street#SD-17-19 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RIVERS EDGE BUILDING DEVELOPMENT, LLC —1840 SPEAR STREET FINAL PLAT APPLICATION #SD-17-19 FINDINGS OF FACT AND DECISION Final plat application #SD-17-19 of Rivers Edge Building Development, LLC to amend a previously approved planned unit development consisting of revising the footprint lots for eight (8) units, 1840 Spear Street. The Development Review Board held a public hearing on Tuesday, September 5, 2017. David Burke 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 project consists of amending a previously approved planned unit development consisting of revising footprint lots for eight (8) units, 1840 Spear Street. 2. The owner of record of the subject properties is South Village Communities LLC. 3. The application was received on July 26, 2017. 4. The subject property is located in the Southeast Quadrant Zoning District. 5. The plan submitted consists of a five (5) page set of plans, drawing number P2 is entitled "Phase 2 Lotting Plat South Village Communities, LLC Spear Street South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated October 31, 2013, and last revised 06/09/2017. 6. The applicant previously obtained approval from the DRB for the creation of the eight (8) footprint lots in December 2014 (cf. #SD-14-33). Dimensional Standards: The applicant proposes to amend the depth of six of the previously approved footprint lot lines, and the alignment of the side of all eight previously approved footprint lot lines previously approved in this subdivision. This action would create non -conforming lots (being of insufficient individual size, and having zero setbacks, and no road frontage) and therefore will not be considered individual lots for the LDRs. For purposes of the LDRs, footprint lots 22N, 23N, 58N, 59N 62N and 63N shall be considered one lot with the other footprint lots located on Parcel C. Footprint lots 28N and 29N shall be considered one lot with the other footprint lots located on Parcel D. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. #SD-17-19 DECISION Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-17-19 of Rivers Edge Building Development, LLC, subject to the following conditions: 1. All previous approvals and stipulations for the South Village project 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 shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the Administrative Officer prior to recording the plat. a. The plat plan shall be revised to include the signature of the land surveyor. 4. For purposes of the LDRs, all lots included in this subdivision shall be considered part of Parcel C or D as approved previously and as described above. The applicants shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 5. A digital PDF version of the full set of approved final plat shall be delivered to the Administrative Officer before recording the final plat plan. 6. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plat plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit copies 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 Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 5— 0 — 0. Signed this 8 day of September 2017, by r J A Bill Miller, Chair 2 Not Present Not Present Not Present Not Present Nnt Pracant Not Present Not Present #SD-17-19 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 802-915-1740 or https://www.vermontiudiciarV.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.