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HomeMy WebLinkAboutSD-08-30 - Decision - 0895 Dorset Street#SD-08-30 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HOMESTEAD DESIGN, INC. - HEATHERFIELDS FINAL PLAT APPLICATION #SD-08-30 FINDINGS OF FACT AND DECISION Homestead Design, Inc, hereafter referred to as the applicant, is seeking to amend a previously approved planned unit development consisting of 89-multi-family units in 16 buildings. The amendment consists of: 1) adjusting traffic control islands at Dorset Street and Spear Street, 2) relocating street light at Spear Street, and 3) encroaching into the wetlands with a retaining wall behind Unit R, Songbird Road. The Development Review Board held a public hearing on Tuesday, July 1, 2008. Bill Nedde 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 is seeking to amend a previously approved planned unit development consisting of 89-multi-family units in 16 buildings. The amendment consists of 1) adjusting traffic control islands at Dorset Street and Spear Street, 2) relocating street light at Spear Street, and 3) encroaching into the wetlands with a retaining wall behind Unit R, Songbird Road. 2. The project received final plat approval on August 9, 2004 with several minor subsequent amendments thereafter. 3. The owner of record of the subject property is Homestead Design, Inc. 4. The subject property is located in the Residential 2 (R2) Zoning District. 5. The plans submitted consists of a four (4) page set of plans, page one (1) entitled, "Overall Site Plan Heatherfield Dorset & Spear Streets South Burlington, Vermont", prepared by Krebs & Lansing Consulting Engineers, Inc., dated May 14, 2003, last revised on 5/30/08. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS No changes are proposed as part of this application. - 1 - #SD-08-30 Adjusting Traffic Control Islands The applicant is proposing to reduce the size of the islands at the intersections of Songbird Road and Spear Street, and at the intersections of Songbird Road and Dorset Street. This proposal comes after the applicant met with the South Burlington Fire Chief to discuss emergency vehicle access to the site. This request is done at the behest of the Fire Chief and in consultation with the City Manager. As such, the Board has no opposition to this request. However, through discussions with the Director of Public Works, the length of the island which remains nearest Spear Street serves no purpose and will become more of a hazard than not. The Director of Public Works requests complete removal of the island. Adjusting Traffic Control Light Because of the reduction in the size of the islands at the intersections of Songbird Road and Spear Street, the applicant must relocate the street light accordingly. Encroachment into Wetland The applicant is proposing an additional 1121 square feet of Class III wetland disturbance in order to build a retaining wall behind one of the units. The applicant has stated that the State of Vermont and the Army Corps have approved the changes. DECISION Motion by 6 A-I(EOWN41_, seconded by k6el ����- (, to approve Final Plat Application #S -08-30 of Homestead Design, Inc., subjecf to the following conditions: 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. 3. The curbed island at the corner of Spear Street and Songbird Road shall be removed completely. The striping shall remain. 4. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 5. The final plat plan (sheet SP-1) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. -2- #SD-08-30 Mark Behr — re nay/abstain/not present Matthew Birmingham — ye nay/abstain/not present John Dinklage enay/abstain/not nay/abstain/not present Roger Farley — present Eric Knudsen —ay/abstain/not re en Peter Plumeau — yea/nay/abstain not present Gayle Quimby ye nay/abstain/not p sent Motion carried by a vote of (e- d - O Signed this --L day of 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). -3-