HomeMy WebLinkAboutSD-09-11 - Decision - 0270 Quarry Hill Road#SD-09-11
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOHN LARKIN — 270 QUARRY HILL ROAD
FINAL PLAT APPLICATION #SD-09-11
FINDINGS OF FACT AND DECISION
John Larkin, hereinafter referred to as the applicant, is seeking final plat approval to
amend a previously approved planned unit development consisting of five (5) multi-
family dwellings for a total of 160 units and a 40 unit congregate housing facility. The
amendment consists of : 1) eliminating the 16 space parking lot on the west side of
Quarry Hill Road, and 2) revising condition #10 of the 1212108 final plat approval (#SD-
08-57), 270 Quarry Hill Road.
The Development Review Board held a public hearing on March 17, 2009. Skip
McClellan 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. Applicant is seeking final plat approval to amend a previously approved planned unit
development consisting of five (5) multi -family dwellings for a total of 160 units and a 40
unit congregate housing facility. The amendment consists of : 1) eliminating the 16
space parking lot on the west side of Quarry Hill Road, and 2) revising condition #10 of
the 1212108 final plat approval (#SD-08-57), 270 Quarry Hill Road.
3. The owner of record of the subject property is John Larkin.
3. The application was received on February 20, 2009
4. The subject property is located in the R7 Zoning Districts.
5. The plan submitted is entitled "Quarry Hill Subdivision South Burlington Vermont
Sketch Plan Larkin Parcel #2- Remove Satellite Parking," prepared by Llewellyn -Howley,
Inc. dated 2/01/09.
Eliminate Parking Area
6. As part of the final plat approval for the PUD (last amended December 2, 2008 as SD-
08-57) the parking analysis for the subject property was as follows:
According to Table 13-1 of the South Burlington Land Development Regulations, the
proposed project will require 144 parking spaces (2 parking spaces per dwelling unit plus
1 parking space for every 4 dwelling units). However, in accordance with Section 13.01
of the South Burlington Land Development Regulations, if all of the parking spaces are
common (i.e. non -reserved) and if there are more than 10 dwelling units, the
requirement may decrease to 2 parking spaces per dwelling unit.
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#SD-09-11
7. Thus, the applicant proposed the parking as common parking, so the requirement
decreases to 128 total parking spaces, two for each unit. The previously approved plan
included 48 underground parking spaces, 64 above -ground parking spaces, and the
additional 16 common parking across the street for a total of 128 parking spaces. No
parking waiver was previously granted.
8. The applicant is now requesting approval to eliminate the 16 parking spaces across
the street. This would result in only 112 parking spaces, or a 16 space, 12.5 percent
shortfall. This also results in only 1.75 parking spaces per unit.
9. The applicant provided a letter dated May 3, 2004 to justify the parking waiver
requested. This letter refers to a study conducted by the applicant in July, 1998 at the
Olde Orchard Residential project which found that only 1.54 parking spaces were
actively used per residential unit, which is less than the 1.75 spaces per unit being
proposed.
Revise previous condition of approval
10. As part of the final plat approval for the PUD (last amended December 2, 2008 as
SO-08-57), a condition of approval stated that the applicant shall comply with the traffic
mitigation measures identified during a meeting between Staff and the applicant on
March 10, 2004 (see memo from Juli Beth Hoover to Lance Llewellyn dated March 10,
2004).
11. The condition included in the approval states that the applicant shall "post a bond
sufficient to cover the cost share of the required improvements for a period of four (4)
years, or until such time as the improvements are constructed.
12. However, the memo referenced states that "City staff and developers will agree to a
figure equal to 65% of the total [of the cost estimate for installation of a traffic signal and
pedestrian crossing, including two speed bumps and striping] as the developer's
financial obligation towards installation of the traffic signal and pedestrian crossing.1 !
The memo also states that the project would be conditioned on "cash or in -kind
contribution, which conflicts with the decision which states that it shall be a bond.
13. Another point of contention is with the timing of the requirement. The decision
includes a four year bond. The memorandum states that it shall be "paid to the city at the
time the first zoning permit for the project is issued."
14. The applicant is proposing a four (4) year bond be posted for $73,336 prior to the
issuance of the second building to be built in the development. After four (4) years, the
applicant will have the choice of renewing the bond for another four (4) years or
providing the City with a cash payment.
// DECISION
Motion by V ��� Q�11 seconded by �rl
to approve Final Plat Application #SD-09-11 of John Larkin, subject to the following
conditions:
2
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#SD-09-11
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 plat shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted
to the Administrative Officer prior to recording the mylar.
a. The plat plan shown shall be revised to note that the plan is a final plat plan
and not a sketch plan
4. The applicant shall post a four (4) year bond for $73,336 prior to the issuance of the
second building to be built in the development. After four (4) years, the applicant will
have the choice of renewing the bond for another four (4) years or providing the City with
a cash payment.
5. The Board grants a 16 space or a 12.5% parking waiver for a total of 112 spaces
provided. The 16 space parking area located on QHC lot #3 shall be constructed by the
applicant at such time as it is deemed necessary by the applicant.
6. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7. The final plat plan 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.
Mark Behr — yea%nay/abstain/not present_
Matthew Birmingham — yea/nay/abstain/ of present
John Dinklage — yea/nay/abstain not presen
Roger Farley — nay/abstain/not presen
Eric Knudsen —yea/nay/abstainPno�pre sent
Peter Plumeau — nay/abstain/not present
Gayle Quimby —nay/abstain/not present
Motion carried by a vote of ��;d_ay
Signed this � o 2009, by
Mark Behr, Vice Chairman
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).
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