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HomeMy WebLinkAboutSD-22-08 - Decision - 1420 Hinesburg Road - SD-22-08_1420 Hinesburg Road_Kerwin_FP-ffd#SD-22-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING B&R DEVELOPERS, INC. 1420 HINESBURG ROAD FINAL PLAT APPLICATION #SD-22-08 FINDINGS OF FACT AND DECISION Final plat application #SD-22-08 of B & R Developers, Inc. to amend a previously approved planned unit development of four lots approved for single family homes. The amendment consists of modifying the approved grading for Lots 2, 3 and 4, 1420 Hinesburg Road. The Development Review Board held a public hearing on Wednesday, July 6, 2022. Brian Precourt 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. Final Plat Application #SD-22-01 is to amend a previously approved planned unit development of four lots approved for single family homes. The amendment consists of modifying the approved grading for Lots 2, 3, & 4, 1420 Hinesburg Road. 2. The owners of record of the subject property are Donald & Lois Kerwin. 3. The application was received on June 20, 2022. 4. The Project is located in the Southeast Quadrant Neighborhood Residential Zoning District. 5. The plans submitted consist of the following: Sheet No. Plan Description Prepared By Last Revised C1.0 Overall Proposed Conditions Site Plan Civil Engineering Associates 05/25/2022 C1.2 Proposed Conditions Site Plan Civil Engineering Associates 05/25/2022 C1.3 Proposed EPSC Plan Civil Engineering Associates 05/25/2022 C1.4 Proposed Landscape Plan Civil Engineering Associates 06/17/2022 PLAT Proposed 3 Lot Subdivision Civil Engineering Associates 05/25/2022 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS SETBACKS, COVERAGES & LOT DIMENSIONS Dimensional standards are as follows. SEQ-NR Required Proposed Lot #2 Proposed Lot #3 Proposed Lot #4 3 Min. Lot Size 12,000 sf 12,000 sf 12,000 sf 12,000 sf 3 Max. Building Coverage 15% 15% 15% 15% 3 Max. Overall Coverage 30% 24.3% 24.6% 24.6% 3 Min. Front Setback 20 ft 25 ft 25 ft 25 ft #SD-22-08 3 Min. Side Setback 10 ft 12 ft 11 ft 11 ft 3 Min. Rear Setback 30 ft 93 ft 96 ft 98 ft 3 Building Height (pitched roof) 28 ft <28 ft <28 ft <28 ft 3 Criterion met The applicant is proposing to modify the pre-existing grade in order to provide drainage away from the homes. Each of the homes on Lots 2, 3 and 4 are proposed to have a finish floor elevation approximately 5.5 ft above existing grade. The applicant has provided an exhibit demonstrating how the homes could have a height of 26.5 ft from existing grade. The Board finds the applicant must meet the zoning district standard of 28-ft from average pre-construction grade to the mid-point of the roof, and that the dimensional summary on plan sheet C1.0 shall be revised to reflect a maximum allowable and proposed height of 28 ft. ARTICLE 9: SOUTHEAST QUADRANT 9.05 TRANSFER OF DEVELOPMENT RIGHTS AND RESIDENTIAL DENSITY SD-21-21 required the applicant to record the appropriate TDR documents prior to recording the mylar associated with SD-21-21. The Board finds the applicant must demonstrate transfer of the approved TDRs prior to issuance of the first zoning permit. B) 15.C PLANNED UNIT DEVELOPMENT This project was approved as PUD #SD-21-21 under the Land Development Regulations effective December 28, 2021. 15C.07C allows minor amendments to existing PUDs whose approval has not expired to be amended as a general PUD. The project previously required PUD review because all subdivisions of land in the applicable zoning district were required to be reviewed as a PUD. I. General PUD Design Standards (1) Design Standards, Generally. The design for a General PUD shall comply with existing Site Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from applicable regulations that respond to and incorporate the development context within the Planning Area and under the specific circumstances listed in Section 15C.09(G)(4). Site plan standards do not apply to single family homes on their own lots. Subdivision standards are discussed herein. The project is not within any overlay districts. No variations have been requested. (2) Streets. Streets within a General PUD must be compatible with and connect to existing and planned public street, sidewalk, and path networks in the Planning Area. (a) Street and block pattern requirements of the Subdivision regulations shall apply unless waived by the DRB under Section 15C.09(G)(4). No changes to streets are proposed. (3) Parking. Parking design and building location requirements applicable in all underlying zones and districts apply to General PUDs, including all requirements in Section 14.06(A)(2). Parking areas are to serve single family homes and are located between the front of the building and the street. The buildings are located outside the setback and within the build-to line. The Board finds this criterion met. #SD-22-08 (4) Buildings. Buildings and associated building lots within a General PUD must be compatible with the development context in the Planning Area as described under Section 15.C.07(F) and (G). The Board approved the building characteristics and lot configuration in #SD-21-21. No changes are proposed. The Board finds this criterion met. (5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with the existing or planned development context. General PUDs must comply with applicable Civic Space and/or Site Amenity requirements in Subdivision (Section 15.A.16(B)(4)) and Site Plan (Section 14.06(4)). (a) Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be civic space lots apply to General PUDs only for PUDs that involve subdivision of land resulting in three (3) or more lots, not including the resulting lots that only contain civic space(s). (b) In a General PUD, Civic Spaces required under Subdivision Regulations (Section 15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a combination of Civic Spaces, Site Amenities, or a combination, applied across the PUD area. Civic spaces are provided in the form of private yard space (a site amenity) for each lot. Modifications to the configuration approved in #SD-21-21 are not proposed. The Board finds this criterion met. (6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix of two or more dwelling unit types (as allowed within the applicable zoning district) must be provided as described by Section 15.A.17. Types of dwelling units are differentiated by either housing type under Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of bedrooms per unit. Four units are proposed. This criterion is not applicable. C) ENVIRONMENTAL PROTECTION STANDARDS 12.06 Wetland Protection Standards and Review Procedures SD-21-21 approved impacts to a Class III wetland and wetland buffer. No changes to the impacts are proposed. The Board finds these criteria not applicable. D) GENERAL PROVISIONS 3.18 Residential and Commercial Building Energy Standards The Board notes that residential buildings shall comply with the Stretch Code. The applicant must file a RBES certificate demonstrating compliance with the Stretch Code prior to occupancy of the structure. DECISION Motion by Frank Kochman, seconded by John Stern, to approve Final Plat Application #SD-22-08 of B & R Developers, Inc., subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the #SD-22-08 South Burlington Department of Planning and Zoning. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer prior to recording the final plat plan. a. Modify Sheet C1.0 to reflect a maximum height of 28 ft 4. A digital PDF version of the full set of approved final plans must be delivered to the Administrative Officer before recording the mylar. 5. The final plat plan (Sheet P1) 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. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 6. The plat must be recorded prior to zoning permit issuance. 7. The applicant must demonstrate transfer of the approved TDRs prior to issuance of the first zoning permit. 8. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 9. The applicant must demonstrate State Wastewater and Potable Water Supply Permits have been obtained for each home prior to issuance of each zoning permit. 10. The applicant must receive final wastewater allocation for each home prior to issuance of each zoning permit. 11. The applicant must demonstrate compliance with the maximum allowable height, measured as proscribed in Section 3.07, as part of the zoning permit for any new building in the PUD. 12. Any change to the plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 6 - 0 - 0. Signed this ___ day of July, 2022, by _____________________________________ Dawn Philibert, Chair #SD-22-08 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 180 Market Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802- 951-1740 or https://www.vermontjudiciary.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.