HomeMy WebLinkAboutSP-23-045 - Decision - 1840 Spear Street#SP-23-045
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC – 1840 SPEAR STREET
SITE PLAN APPLICATION #SP-23-045
FINDINGS OF FACT AND DECISION
South Village Communities, LLC, hereinafter referred to as the applicant, is seeking after-the-fact
approval to amend a previously approved plan for subdivision of 4 lots into 6 lots, the construction of
two private roads to service 11 new duplexes (22 units), and associated infrastructure. The amendment
consists of altering the previously approved grading and drainage design and adjusting the shared use
path along North Jefferson Road and Allen Road East to retain existing street trees, 1840 Spear Street.
Based on the plans and materials contained in the document file for this application, the Administrative
Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking after the fact approval to amend a previously approved plan for subdivision
of 4 lots into 6 lots, the construction of two private roads to service 11 new duplexes (22 units), and
associated infrastructure. The amendment consists of altering the previously approved grading and
drainage design and adjusting the shared use path along North Jefferson Road and Allen Road East to
retain existing street trees, 1840 Spear Street.
2. The owner of record of the subject property is South Village Properties, LLC.
3. The subject property is located in the Southeast Quadrant Neighborhood Residential Zoning District.
4. The application was received on 11/7/2023.
5. The plans submitted consist of:
Sheet No. & Title Prepared by Plan Last Revised on:
C2.1; Proposed Grading & Drainage Plan SD Ireland Companies 10/09/2023
PL-2; Proposed Modification of Subdivision Civil Engineering Associates 11/07/2023
Only the standards below are affected by this application. All other standards will continue to be met.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
No changes affecting compliance with these standards are proposed.
SITE PLAN REVIEW STANDARDS
14.07 Specific Review Standards
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F. Streetscape Improvements.
A proposed new construction or extension/expansion of an existing structure exceeding the
thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form
Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards
contained within the applicable Street Type and Building Envelope Standard. Nothing in this
subsection shall be construed to limit requirements for additional upgrades as necessary to meet
the requirements of these Regulations.
15.A.15 Sidewalks, Bike Lanes, and Recreation Paths
D. Additional Easements.
Additional pedestrian or recreation path easements must be reserved, as indicated on
subdivision plans, and shown on the subdivision plat, in conformance with planned public
trail and recreation path systems included on the Official Map and Comprehensive Plan.
Staff conferred with the Department of Public Works who recommended that the easement should not
encompass any of the yard drain infrastructure and that the easement should be extended 2’ off the
back of the path.
The Administrative Officer finds that the plans shall be revised to show the recreation path easement 2’
off the back of the path.
SUPPLEMENTAL REGULATIONS
13.05 Stormwater Management
New drainage structures connected to the municipal stormwater system, or a stormwater system
within a proposed future municipal right-of-way, shall comply with the following standards:
(a) New drainage structures should be located within the street right-of-way
(b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour
(4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type
II rainfall distribution);
(c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures
using booted connections.
(d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(e) House footing drains shall only be connected to drainage facilities located in the street right-
of-way when a suitable location to daylight the footing drain cannot be found.
(f) Footing drains must not be connected to road underdrain.
(g) Any footing drains connected to drainage facilities in the street right-of-way shall be provided
with a backflow preventer.
(h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
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The applicant is requesting after the fact approval to eliminate the curtain drain swale that was previously
approved along the North Jefferson Road recreation path. The applicant is requesting to provide a grass
swale with numerous yard drains to capture and convey stormwater runoff in its place.
The City Stormwater Superintendent reviewed the plans on November 21, 2023 and indicated that the
proposed changes are acceptable.
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application
#SP-23-045 of South Village Communities, LLC, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2. This project shall be completed as shown on the plan and shall be on file in the South Burlington
Department of Planning and Zoning.
3. Prior to issuance of a zoning permit, the plans shall be revised to show the changes below and
shall require approval of the Administrative Officer.
a. Relocate the recreation path easement to be 2’ off the back of the path so that the
easement does not encompass any of the yard drain infrastructure.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
5. The proposed project must adhere to standards for erosion control as set forth in Section 16.03
of the South Burlington Land Development Regulations. In addition, any grading plan must meet
the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
6. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and
reflector surfaces from view beyond the perimeter of the area to be illuminated. No exterior
lighting is permitted as part of this application.
7. The applicant shall obtain a zoning permit within six (6) months of this decision with the option
of requesting a one (1) year extension as allowed in the LDR 17.04.
8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use
of the approved modifications.
9. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Administrative Officer.
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Signed on this day of December, 2023 by
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Betsy Brown, Acting Administrative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a
Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be
accompanied with a $233 filing fee and be filed within 15 days of the date of this decision.
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.
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