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Home My WebLink AboutSD-18-12 - Decision - 1840 Spear Street#SD-18-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RIVERS EDGE BUILDING DEVELOPMENT, LLC — 1MD SPEAR STREET FINAL PLAT APPLICATION #SD-18-12 FINDINGS OF FACT AND DECISION Final plat application #SD-18-12 of Rivers Edge Building Development, LLC for re -approval of an amendment to a previously approved planned unit development consisting of revising the footprint lots for eight (8) units, 1940 Spear Street, The Development Review Board held a public hearing an Tuesday, May 1, 2018. Daniel Hell 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 March 23, 2018, 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/D9/2017. 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). 7. The applicant previously obtained approval from the DRB for the adjustment of these eight (8) footprint lots on September 5, 2017. The applicant allowed the approval to become null and void due to not recording the final plat within 180 days of approval. 8. Condition 26 of approval #SD-17-18 states the following: Prior to or coincident with submittalfor a site plan or final plat approval for any unassigned lots within the South Village PUD that is the subject of master plan approval #MP-04-01 and #MP-05- 02, as amended, the applicanVproperty ownermust submit an overall affordability plan consistent with Section 18,02. For the purposes of this condition,, the unassigned lets are Lots 4, 11 and 11A in Phase I as shown on the plans associated with site plan approval #SP-15-09 and the lot south of Preserve Road identified as "Open Space 1.92 Acres (Reserved for Future Development)' on the plans associated with subdivision approval #SD-16-08, as well as any other lot for which a change in the number of units on the most recent approved site plan is proposed This application does not address the unassigned lots that are the subject of condition 26 of #SD-17-18 therefore no affordability plan is required at this time. 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 tines 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 indiv[dual 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. DECISION Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-18-12 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 I 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. 2 #SD-18-12 Mark Behr Yea Nay Abstain Not Present Matt Cota y_ea Nay Abstain Not Present Frank Kochman Yea Nay" Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith )Lea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain NROJ-Q= John Wilking Yea Nay Abstain Not Present 1. Se , e attached dissenting opinion. Motion carried by a vote of 4 — 1 — 0. Signed this lOd W�&May,2018,by Matt Cota, 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)f4l(A). Please contact the Environmental Division at 802-915-1740 or bttps;ZLWwW.vgrrTIpnt ciar orpjenvironrinental for more information on filing requirements, judic 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. KI