HomeMy WebLinkAboutAgenda 09A_MS-19-03_1840 Spear St_South Village_SC575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
MS‐19‐03_1840 Spear St_South Village_2019‐11‐05.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: November 1, 2019
Plans received: September 25, 2019
1840 Spear Street
Miscellaneous Permit Application #MS‐19‐03
Meeting date: November 19, 2019
Owner/Applicant
South Village Communities, LLC
P.O. Box 2286
South Burlington, VT 05407
Engineer
Civil Engineering Associates
10 Mansfield View Ln
South Burlington, VT 05403
Property Information
SEQ‐NRP and SEQ‐NR zoning districts
± 224 acres
Location Map
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PROJECT DESCRPTION
Miscellaneous application #MS‐19‐03 of South Village Communities, LLC for approval of an overall affordability
plan for a previous‐approved multi‐phase 334 unit planned unit development, 1840 Spear Street.
PERMIT HISTORY
The Master Plan application (#MP‐05‐02) for this project was approved by the Board on February 10, 2006 and
later amended (#MP‐14‐01) on May 23, 2014. #MP‐14‐01 represents a very slight amendment to the approved
review process. #MP‐05‐02 includes the bulk of the conditions applicable to the development. The Phase 2
plan application (#SD‐13‐44) for this project was approved by the Board on March 10, 2014, and the Phase 3
final plat application (#SD‐17‐18) on February 22, 2018. Condition #26 of Final Plat approval #SD‐17‐18 for the
South Village project is as follows.
Prior to or coincident with submittal for a site plan or final plat approval for any unassigned lots within the
South Village PUD that is the subject of master plan approval #MP‐04‐01 and #MP‐05‐02, as amended, the
applicant/property owner must submit an overall affordability plan consistent with Section 18.02. For the
purposes of this condition, the unassigned lots are Lots 4, 11 and 11A in Phase I as shown on the plans
associated with site plan approval #SP‐15‐09 and the lot south of Preserve Road identified as “Open Space
1.92 Acres (Reserved for Future Development)” on the plans associated with subdivision approval #SD‐16‐
08, as well as any other lot for which a change in the number of units on the most recent approved site plan
is proposed.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner (“Staff”) have
reviewed the plans submitted on 9/25/2019 and offer the following comments. Numbered items for the Board’s
attention are in red.
CONTEXT
The inherent, or “base” density in the southeast quadrant is 1.2 units per acre. The Project consists of 224.18
acres, which results in a base density of 269 units. The project has been approved using the affordable housing
density bonus to get 25% bonus density, resulting in the approved 334 unit development. LDR Section 18.2 allows
one additional market‐rate dwelling unit to be constructed for each comparable below market rate unit that is
provided. The master plan approval includes 34 below market rate units and 33 market rate units above the base
density of 269 units.
COMPATIBILITY WITH MASTER PLAN
At previous hearings for various South Village requests, the Board indicated to the applicant they would consider
any significant reduction in the number of units to be a substantial modification to the approved plan, requiring
reconsideration of previously‐granted approvals. The applicant has included in their application narrative,
included in the packet for the Board, a proposal to construct 333 units, of which 32 are proposed to be affordable
and 32 are proposed to be market rate. The applicant has indicated they intend to propose seventeen (17) two‐
family homes on Lot 11. In concurrent application #SD‐19‐29, the applicant notes in their cover letter that they no
longer anticipate building a 100‐student school on Lot 11. In reviewing minutes from the original master plan
approval, Staff considers the approved school was intended to be an anchoring element of the community.
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1. While Staff is not opposed to the applicant not constructing a school, Staff considers that should the Board
approve this or concurrent application #SD‐19‐29, they should require Lot 11 to include a replacement
community anchoring element, of a type to be determine at the time of that application.
18.02 Affordable Housing Density Bonus
The applicant has provided a discussion of how they believe they meet each of the criterion under 18.12 in their
application narrative, included in the packet for the Board. Staff has briefly elaborated on each criterion below
but refers the Board to the applicant’s narrative for further information.
D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and
Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, the following
standards shall guide the Development Review Board:
(1) The density upon which a bonus may be based shall be the total acreage of the property in question
multiplied by the maximum residential density per acre for the applicable zoning district or districts.
This criterion was found to be met under MP‐05‐02.
(2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall
apply only to properties of five (5) acres or more, and the maximum allowable residential density with or
without such a density increase shall be four (4) dwelling units per acre.
This criterion was found to be met under MP‐05‐02.
(3) Development Standards.
(a) Distribution. The affordable housing units shall be physically integrated into the design of the
development in a manner satisfactory to the Development Review Board and shall be distributed
among the housing types in the proposed housing development in the same proportion as all other
units in the development, unless a different proportion is approved by the Development Review Board
as being better related to the housing needs, current or projected, of the City of South Burlington.
The applicant, in their cover letter dated September 24, 2019 outlined three options to implement
the Affordable Housing bonus, which Staff considers meet this standard to varying degrees. Option
1 most nearly distributes the affordable housing units among the housing types, while Option 2
proposes that all affordable housing units for which approval has not yet been granted be of a duplex
type, and Option 3 proposes to amend the previously approved affordable units so that all 33 units
are of a duplex type.
Staff considers Option 1 to most closely align with the purposes of the section. As noted in the letter,
the proposal does not result in the dwelling units being “distributed among the housing types in the
proposed housing development in the same proportion as all other units in the development,” as
each of the options varies from the overall distribution.
This section authorizes the Board to approve a different proportion where the Board finds the
proposal to being better related to the City’s housing needs, current or projected.
In preparation for the Board’s hearing, Staff urged the applicant to elaborate on how they feel their
proposal meets this criterion. The applicant prepared a letter to the Board dated November 7th. It is
enclosed with your packet.
In addition, the City’s Affordable Housing Committee has offered the Board a letter on this subject.
It is also enclosed.
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In order to help provide context towards what housing might better meet the City’s housing needs,
Staff reviewed the City’s 2016 Comprehensive Plan and has included several objectives and strategies
focused on housing affordability:
Objective 2. Offer a full spectrum of housing choices that includes options affordable to
households of varying income levels and sizes by striving to meet the housing targets set forth
in this Plan.
Objective 3. Foster the creation and retention of a housing stock that is balanced in size and
target income level, is representative of the needs of households of central Chittenden County,
and maintains an efficient use of land for use by future generations.
Objective 4. Support the retention of existing and construction of new affordable and moderate‐
income housing, emphasizing both smaller single family homes and apartments, to meet
demand within the regional housing market.
Strategy 10. Develop strategies that can lead to the availability or development of more
housing that is affordable to middle income, working residents and families in the City. Work
through the CCRPC with surrounding communities to increase the inventory of housing that is
more affordable to families.
Strategy 13. Target for construction, by 2025, of 1,080 new affordable housing units ‐ 840
housing units affordable to households earning up to 80% of the AMI and 240 housing units
affordable to households earning between 80% and 120% of the AMI.
The Plan also provides an assessment of demographic trends and of identified needs in the
community. The analysis includes the statement that “Community input suggests that many of
these households are seeking housing that is smaller than that developed in the past and/or
housing with limited maintenance requirements” p. 2‐14.
2. Based on the overall context of affordability and City goals to have housing available to a range of
incomes and types throughout the City, Staff supports Option 1. Staff recommends that the Board
review the applicant’s letters, Comprehensive Plan excerpts above, and the input from the Affordable
Housing Committee and make a determination.
(b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less
than comparable market‐rate units in the housing development.
3. Staff recommends the Board include a condition of approval requiring that the applicant provide a
table of floor areas for previously‐approved units of the same type (single family, duplex, triplex,
multi‐family) and all proposed units at the time of zoning permit application for each future unit
(c) Plan for Continued Affordability. The standards for Section 18.01(D)(2) shall apply.
The applicant addresses this criterion in their cover letter. Staff considers this criterion met.
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(4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non‐
profit organization shall be responsible for the on‐going administration of the affordable housing units as
well as for the promulgation of such rules and regulations as may be necessary to implement this program.
The Housing Authority or non‐profit organization will determine and implement eligibility priorities,
continuing eligibility standards and enforcement, and rental and sales procedures.
The applicant addresses this criterion in their cover letter. Staff considers this criterion met.
OTHER
The applicant provided an application for master plan amendment which was warned but withdrawn before
being heard (SD‐18‐31). Since members of the public submitted comments on that application, and the
comments were not entered into the record, those comments are included in the packet for this application,
though certain elements of that application are no longer proposed. The packet is organized as follows:
1. Application materials from applicant
2. Letter from Affordable housing committee
3. Public comments specifically on this application
4. Flysheet and then comments on withdrawn application #SD‐18‐31
Recommendation
Staff recommends the Board discuss the project with the applicant and close the hearing.