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HomeMy WebLinkAboutSD-04-17 SD-04-16 - Decision - 0118 Oakwood DriveCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING VEVE ASSOCIATES, LLP —118 OAKWOOD DRIVE— PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-04-16 FINAL PLA TAPPLICA TION #SD-04-17 FINDINGS of FACT AND DECISION Veve Associates, LLP, hereafter referred to as the "applicant", is requesting preliminary plat approval and final plat approval to amend a previously approved plan for a 104-unit planned unit development. The amendment consists of. 1) a boundary line adjustment to increase the size of the lot by 4,100 square feet for a total lot size of 14.795 acres at 235 Dorset Street, and 2) constructing two (2) 2-family dwellings on a 3 7,3 80 square foot lot at 118 Oakwood Drive. The South Burlington Development Review Board held a public hearing on April 20, 2004. Rafael Veve, the applicant, was present at the meeting. 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: 1. The Applicant is requesting preliminary plat approval and final plat approval to amend a previously approved plan for a 104-unit planned unit development. The amendment consists of: 1) a boundary line adjustment to increase the size of the lot by 4,100 square feet for a total lot size of 14.795 acres at 235 Dorset Street, and 2) constructing two (2) 2-family dwellings on a 37,380 square foot lot at 118 Oakwood Drive. 2. The owner of record is Rafael Veve. 3. The subject property contains .86 acres and is located in the Residential 7 District. 4. The plans consist of two (2) sheets entitled "Veve Lot D Oakwood Drive South Burlington, VT", prepared by O'Leary -Burke Civil Associates, PLC, dated 12/28/02, last revised on 1/30/03 and one (1) survey plat sheet entitled, "Veve Associates Dorset Street So. Burlington, Vermont", prepared by Property Design, Montpelier, Vermont, dated December 1990, last revised June, 2002. - 1 - ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. R4 Dimensional Reauirements R7 Zoning District Re uired Proposed Min. Lot Size 20,000 SF 37,380 SF Max. Building Coverage 30% 10.8% Max. Overall Coverage 40% 35.4% Min. Front Setback 30 ft. 5 ft. Min. Side Setback 10 ft. 13 ft. ♦ Min. Rear Setback 30 ft. 28 ft. Max. Building Height 40 ft. 30 ft. zoning compliance ♦ waiver requested; granted pursuant to Section 15.02(A) of the Land Development Regulations. PLANNED UNIT DEVELOPMENT STANDARDS Section 15.13(F) of the Land Development Regulations requires that the PUD meet the standards of the Vermont Stormwater Management Manual. (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. Prior to final plat approval, the applicant must obtain final water allocation approval from the South Burlington Water Department. Jay Nadeau, Superintendent of the South Burlington Water Department, reviewed the plans and provided comments on the project in a letter dated January 30, 2003. (b) 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 proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. -2- Access to the project is proposed by a private roadway. The project does not conform to Section 15.12(D)(3) of the Land Development Regulations, so a public street is required for this project. The proposed roadway is 24' wide with a 50 foot r.o.w. and extends off of the end of Oakwood Drive. The applicant is not proposing any sidewalks. Circulation is two-way throughout the site and staff believes the circulation plan is adequate. (d) 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. Three (3) of the four (4) units encroach into the 50' wide Class III wetland buffer required by Section 12.02(C) of the Land Development Regulations. The Natural Resources Committee (NRC) reviewed the proposed project at its meetings on March 6, 2003 and August 6, 2003. The NRC decision from the March 6, 2003 meeting is incorporated by reference, along with a follow-up letter regarding the species selection for the required hedge on the subject property. One of the unique conditions of approval set forth by the NRC was that a 160' hedge be planted between the proposed units and the existing wetland to serve as a natural fence. The applicant has complied with this request and an adequate hedge is depicted on the plans. In addition, the other stipulations set forth by the NRC have been noted on the plans. (e) 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 districts) in which it is located. According to Section 4.04(A) of the South Burlington Land Development Regulations, the R7 is hereby formed hereby formed to encourage high -density residential use. The district is located in areas that are near shopping areas, schools, and public transportation facilities and that are served by roads capable of carrying high traffic volumes. Offices and specified other commercial uses may be permitted within the district in locations that have direct access to arterial and collector streets and that will not adversely affect residential properties. The proposed project is in keeping with the stated purpose of the R7 Zoning District. 09 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. No streams occur on the subject property. The entire southern half of the subject property is a wetland and its associate 50' buffer. This portion of the property will remain as open space, which is sufficient to meet this requirement. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The South Burlington Fire Chief, Douglas Brent, reviewed the plans and provided comments in a letter dated February 14, 2003. -3- (h) 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. The City Engineer and Superintendent of the South Burlington Water Department have reviewed the plans and found then sufficient with regard to this requirement. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The applicant is proposing a 24' wide private road extending off of Oakwood Drive, which is a public street. Pursuant to Section 15.12(D)(3) of the Land Development Regulations, private roads can only serve up to 10 unit multi -family residential developments with a single access on a pubic road or up to 20 unit multi -family residential developments with two points of access on a public road. The current Land Development Regulations do not include duplex units under multi -family residential developments, so these duplex units would normally have to be served by a public street. However, given the size and nature of the propose project, the Director of Public Works, Bruce Hoar, has approved the road as proposed. Therefore, the road serving this project will be a public street built to private roadway specifications. (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is in compliance with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The project accomplishes a desirable transition from structure to site and from structure to structure. The site does provide for adequate planting and safe pedestrian movement. According to Section 13.01(B) of the Land Development Regulations, the proposed project requires a minimum of nine (9) parking spaces. The plans show a total of nine (9) parking spaces, four (4) of which are located in garages. The additional five (5) parking spaces are located along the northerly property boundary, directly in front of Building B. These additional parking spaces conform to the design requirements outlined in Table 13-8 of the Land Development Regulations. -4- (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located at the front of the proposed new residential units. However, due to the wetland constraints on the property, the applicant does not have much flexibility to locate the parking spaces elsewhere. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The scale of the proposed buildings is compatible with the site and existing buildings in the area. The height of the proposed buildings is 30', which is under the 40' height maximum for the City. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant did not submit architectural details or building elevation plans with the plans. However, both of these buildings will be of similar architectural style, so this requirement does not apply to the proposed project. 09 Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant submitted building elevation plans which are in compliance with this requirement. (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to require the reservation of land to provide access to abutting properties. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. -5- Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with uhhY recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans do not show a dumpster on the subject property. A dumpster is not necessary for the proposed project. However, if a dumpster is placed on the subject property it shall be screened with opaque fencing. Lighting The applicant submitted lighting details (cut -sheets) for the proposed project. The proposed lighting types are in compliance with Appendix D of the Land Development Regulations. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Pursuant to Section 13.06(G)(3) of the Land Development Regulations, the minimum landscape requirement for the proposed project is $10,500. The applicant has submitted plans in compliance with Section 13.06 of the Land Development Regulations. However, the plans depict proposed landscaping within the City's 50' wide right-of-way, which is not permitted. The City Arborist reviewed and approved the plans. Other The City Engineer reviewed the plans and provided comments in a letter dated April 8, 2004. Motion by I4aCy--, �Lojdxr , seconded by 1 t_ to approve Preliminary Plat Application #SD-04-16 and Final Plat Application #S -04-17 of Veve Associates, LLP, subject 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 plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) The plans shall be revised to comply with the requests of the South Burlington Water Department, as outlined in the letter from Jay Nadeau dated January 30, 2003. b) The plans shall be revised to comply with the requests of the South Burlington Fire Department, as outlined in the letter from Chief Brent dated February 14, 2003. c) The plans shall be revised to relocate the proposed landscaping outside of the City's 50' wide right-of-way. d) The plans shall be revised to shift Buildings A & B 2' to the east. 4. The applicant shall obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to final plat plan approval. 5. The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the letter from Jay Nadeau dated January 30, 2003. 6. The applicant shall comply with the requests of the South Burlington Fire Department, as outlined in the letter from Chief Brent dated February 14, 2003. 7. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 8. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations. 9. If and when a dumpster is placed on the subject property, it shall be screened with opaque fencing. 10. The applicant shall submit addresses for the proposed units in compliance with the Enhanced 9- 1-1 addressing standards, prior to recording of the final plat plans. 11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12. The applicant shall post a landscape bond for $10,500, prior to the issuance of the first zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 13. Pursuant to Section 15.08(D) of the South Burlington Land Development Regulations, the applicant shall submit homeowner's legal documents prior to the issuance of the first zoning 7- permit. The documents include the language that: a) ensures that the garages will not be converted to living space or used as primary storage areas; b) prohibits clearing or disturbance of land within wetlands or wetland buffers, based on language recommended by the Natural Resources Committee in their decision to the Development Review Board dated march 6, 2003; AND c) ensures that the association shall assume all maintenance responsibilities for the stormwater drainage facilities until such time as a future City stormwater utility accepts the stormwater infrastructure. 14. Pursuant to Section 15.12(E)(2) of the Land Development Regulations, the Development Review Board grants the applicant the following waivers with regard to the construction of the roadway serving the project: a 4' reduction in pavement width from 28' wide to 24' wide; no curbing required; and no sidewalk required. 15. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to issuance of the first zoning permit or start of utility or road construction, the applicant shall submit all appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for proposed public roads, utility, sewer, drainage, water, and pedestrian paths, etc.) to the City Attorney for approval and recorded in the South Burlington Land Records. 16. Prior to the start of construction of the improvements described in condition #15 above, the applicant shall post a bond which covers the cost of said improvements. 17. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations, within 14 days of the completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer. 18. The applicant shall submit written confirmation from the U.S. Postal Service approving the proposed mail delivery system, prior to recording of the final plat plans. 19. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 20. The final plat plans (sheets 1 and the survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. C Chuck Bolton -1yanay/abstain/not present Mark Boucher - Aynay/abstain/not present John Dinklage - nay/abstain/not present Roger Farley - yea/nay/abstain/ o pres t Michele Kupersmith - yea/nay/abstain/ t prese Larry Kupferman - Wnay/abstain/not present Gayle Quimby - ytnay/abstain/not present Motion Carried by a vote of l; - C) - Signed this,�?,3day of April, 2004 by ohn Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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). "