HomeMy WebLinkAboutSD-08-65 - Decision - 0068 Kirby Road#SD-08-65
#SD-08-66
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
KIRBY ROAD PARTNERS, LLC — 68 KIRBY ROAD
PRELIMINARY PLAT APPLICATION #SD-08-65
FINAL PLAT APPLICATION #SD-08-66
FINDINGS OF FACT AND DECISION
Kirby Road Partners, LLC, hereafter referred to as the applicant, is requesting
preliminary and final plat plan review for a planned unit development consisting of
constructing six (6) detached single family dwellings on a 1.34 acre parcel developed
with a single family dwelling, 68 Kirby Road.
The Development Review Board held a public hearing on Tuesday, January 20, 2009.
Dave Marshall 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
The applicant is requesting preliminary and final plat plan review for a planned
unit development consisting of constructing six (6) detached single family
dwellings on a 1.34 acre parcel developed with a single family dwelling, 68 Kirby
Road.
2. The application was received on December 29, 2008.
3. The owner of record of the subject property is Kirby Road Partners, LLC.
4. The subject property is located in the Residential 4 (R4) Zoning District.
5. The plans submitted consist of a 21 page set of plans, page two (2) entitled,
"Kirby Road Partners Kirby Road South Burlington Vermont Site Location Plan",
prepared by Civil Engineering Associates, Inc., dated Nov, 2008.
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Kirby_68\SD_08_65_66_ffd.doc
#SD-08-65
#SD-08-66
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
Min. Lot Size
NA-PUD
NA-PUD
�l Max. Building Coverage
20%
12.9%
Max. Overall Coverage
40%
26.5%
�l Min. Front Setback
30 ft.
>30 ft.
�l Min. Side Setback
10 ft.
>10 ft.
_
Min. Rear Setback
30 ft.
>30 ft.
zoning compliance
The subject property is located in the Residential 4 Zoning district with a maximum density
of 4 units per acre. Therefore, the base density for the 1.34 acres is 5 units. Pursuant to
Section 13.14 (C) of the South Burlington Land Development Regulations, the
Development Review Board may grant an increase in residential density over base
zoning density, in order to create below market rate housing. The Development Review
Board may grant a density increase of no more than fifty percent (50%) in the total
number of allowed dwelling units for an Affordable Housing Development. The total of
below market rate units shall be fifty percent (50%) and no more of the total proposed
dwelling units.
Therefore, with the affordability bonus, the project can accommodate a total of 7.5 units,
rounded down per the South Burlington Land Development Regualtions to 7 units. The
applicant is proposing a total of 7 units. Three of these units must be affordable.
The maximum densitv on the land, with affordabilitv bonus, shall be 7 units
Pursuant to Section 13.14(D), the applicant shall:
(a) Ensure that the affordable dwelling unit be physically integrated into the design
of the development
(b) Ensure that the minimum gross floor area of the affordable dwelling unit is not
less than comparable market rate units in the housing development.
(c) The unit shall continued to be owned or rented to qualified below market rate
households
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
2
F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\Kirby_68\SD_08_65_66_ffd.doc
#SD-08-65
#SD-08-66
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to any additional dwelling units.
The South Burlington Water Department has reviewed the plans and provided comments in
a letter dated January 16, 2009.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or
provide a community wastewater system that is approved by the City and the State in any
subdivision where off -lot wastewater is proposed.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The applicant has submitted grading and erosion control plans. These plans have been
reviewed by the City Stormwater Superintendent who provided comments in a memo dated
January 7, 2009.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Pursuant to Section 15.12(D) of the South Burlington Land Development Regulations, the
DRB may at its discretion approve a roadway within a subdivision to be private if the
proposed roadway has only one point of access on another existing or proposed roadway
and serves nine or fewer dwelling units in any combo of single family, duplex, or multifamily
dwellings. The subject development proposes a total of seven dwelling units (1 existing and
6 new) to be accessed via the proposed access.
The Board approves this access as a private road. There is a minimal probability of
development on the adjacent parcels. As such, the benefit of the connection is outweighed
by the reduction in pavement needed. The implementation of a full cul-de-sac would add so
much pavement as to change the nature of the project from a close neighborhood of
affordable homes with adequate planned green space to a sea of pavement serving only 2
or 3 homes. For the costs of this additional, unnecessary infrastructure, it is likely that
affordable units would no longer be feasible.
Furthermore, the applicant has stated that he plans to sprinkler the units to the satisfaction
of the South Burlington Fire Chief.
Private road standards per Table 15-1 state that the road shall be 26 feet wide with parking
and 20 feet wide without.
The applicant has submitted roadway details. The Director of Public Works have reviewed
the plans and provided comments in memos dated January 9, 2009.
The applicant is proposing a sidewalk to connect to the common from Kirby Road as well
as sidewalks around the pedestrian common. This is sufficient for pedestrian access.
3
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Kirby_68\SD_08_65_66_ffd.doc
#SD-08-65
#SD-08-66
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
There are no wetlands on the subject property
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
According to Section 4.03 of the South Burlington Land Development Regulations, the R4
District is formed to encourage residential use at moderate densities. This proposal is within
density guidelines for the district, subject to the affordable housing bonus, and in
compliance with this criterion.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
There appears to be significant contiguous open space at the rear of this and the adjoining
properties and in a useable pedestrian common area.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
Newly installed utility lines, services, and service modifications shall be underground.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
This has already been discusses above.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision is consistent with the South Burlington Comprehensive Plan.
One of the adopted Comprehensive Plan goals is the availability of quality housing and
quality affordable housing to attract and retain a qualified work force. The bonus
provisions are established to enable the City of South Burlington to ensure a supply of
standard housing available at below -market rate purchase prices or rentals. In this way,
a choice of housing opportunities for a variety of income groups within the City can be
created.
LANDSCAPING
The applicant has submitted a landscaping plan which details the proposed screening
plan that the applicant prepared after a meeting with the abutting property owners.
The plans were available late and so the City Arborist has not yet reviewed the revised
4
FAUSERS\Planning & Zoning\Development Review Boa rd\Fi nd i ngs_Decisions\2009\Ki rby_68\SD_08_65_66_ffd . d oc
#SD-08-65
#SD-08-66
plans. He shall do so and provide comments prior to recording the mylar.
Based on building construction costs of $750,000, the minimum landscaping budget
shall be $15,000. The applicant is proposing $13,865 worth of landscaping. This
includes more than $5000 towards a screening fence. The Board is supportive of the
fence, but finds that the budget should meet the minimum required. The Board
understands that the site is small and that some trees are proposed to remain. It may be
possible to plant larger species in lieu of others to meet the remaining landscaping need.
/- DECISION p
Motion by l7 iiy�� �u l ��'J/ seconded by /1r�%� �� to
dG�
approve Preliminary Plat Application #SD-08-65 and Final Plat Application #SD-08-66 of
Kirby Road Partners, 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 plans submitted by the applicant
and on fine in the South Burlington Department of Planning and Zoning.
3. The plans 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 permit issuance.
a. The plans shall be revised to comply with the requests of the Director of
Public Works as outlined in a memorandum dated January 9, 2009, with the
exception of items #1, #4, and #5.
b. The plans shall be revised to reflect the comments of the South Burlington
Stormwater Superintendent per the memo dated January 7, 2009. He shall
review the plans for final accuracy prior to recording of the mylar.
c. The plans shall be revised to meet the minimum landscaping budget of
$15,000.
d. If necessary, the plans shall be revised to reflect the comments of the City
Arborist who shall review the plans prior to recording the mylar.
e. The plans shall be revised to show the approved street name and the
enhanced 911 numbers for this development.
4. The applicant shall adhere to the stipulations of the South Burlington Water
Department per the letter dated January 16, 2009.
5. The applicant shall comply with the requests of the Director of Public Works as
outlined in a memorandum dated January 9, 2009, with the exception of items
#1, #4, & #5.
5
FAUSERS\Planning & Zoning\Development Review Board \Findings_Decis ions\2009\Kirby_68\SD_08_65_66_ffd.doc
#SD-08-65
#SD-08-66
6. The applicant shall comply with the requests of the South Burlington Stormwater
Superintendent as outlined in a memorandum dated January 7, 2009.
7. The applicant shall adhere to all conditions of the affordable housing standards as
outlined in Section 13.14(D) of the South Burlington Land Development
Regulations.
8. Prior to recording of the final plat, and pursuant to Section 13.12(D)(3)(c), the
applicant shall submit a plan detailing the affordable housing proposed as part of
the PUD. The plan shall "include a mechanism acceptable to the City Attorney for
controlling resale and re -tenanting the individual affordable housing units that
ensures that the unit will remain affordable in perpetuity."
9. Pursuant to Section 13.14(C)(1) of the Land Development Regulations, the Board
approves a 50% density bonus for a maximum of seven (7) dwelling units, three (3)
of which shall be "affordable".
10. The applicant shall obtain final wastewater allocation approval from the Director of
Planning and Zoning prior to permit issuance.
11. The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations.
12. The dwelling units shall be fitted with sprinkler systems to the satisfaction of the SB
Fire Chief.
13. The applicant shall propose a street name, subject to the provision s of 15.12(K) of
the South Burlington Land Development Regulations. This shall be approved by the
Planning Commission prior to recording of the mylar.
14. Newly installed utility lines, services, and service modifications shall be
underground.
15. Prior to permit issuance, the applicant shall post a $15,000 landscaping bond.
This bond shall remain in full effect for three (3) years to assure that the
landscaping has taken root and has a good chance of survival.
16. The applicant shall obtain a zoning permit for the first building within six (6)
months of this approval. The Board grants a period of five (5) years for approval
of remaining six (6) multi -family dwellings in the proposed development. At such
time as the five years is reached and the applicant has not sought a zoning
permit for the remainder of the buildings, they shall be eligible, per Section 17.04
of the South Burlington Land Development Regulations, for one (1) extension to
an approval if the application takes place before the approval has expired and if
the Development Review Board determines that conditions are essentially
unchanged from the time of the original approval. In granting such an extension,
the Development Review Board may specify a period of time up to one (1) year
for the extension.
17. Any change to the final plat plan shall require approval of the South Burlington
6
F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Kirby_68\SD_08_65_66_ffd.doc
#SD-08-65
#SD-08-66
Development Review Board.
18. The final plat plan (sheet C-1.1) 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. 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.
Mark Behr —re/nay/abst in/not present
Matthew Birmingham —a_�nay/abstain/not present
Eric Knudsen —tea/nay/abstain/ o presen
Peter Plumeau — yea/nay/abstain of present
Gayle Quimby — ea nay/abstain/no present
Motion carried by a vote of - O- 0
Signed this 0/- ay of 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).
7
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009Wrby_68\SD_08_65_66_ffd.doc