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Home My WebLink AboutAO-12-03 SP-12-41 - Decision - 0250 Quarry Hill Road#AO-12-03 #SP-12-41 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING QUARRY HILL SENIOR LIVING, LLC— 250 QUARRY HILL ROAD ADMINISTRATIVE OFFICER APPEAL #AO-12-03 SITE PLAN APPLICATION #SP-12-41 FINDINGS OF FACT AND DECISION Quarry Hill Senior Living, LLC, hereinafter referred to as the "Appellant" is appealing the decision of the Administrative Officer to deny site plan application #SP-12-41 to amend a previously approved plan for a 100 unit assisted living facility, 250 Quarry Hill Road. Site plan application #SP-12-41 seeks to amend a previously approved plan to construct a 100 unit assisted living facility. The amendment consists of: 1) increasing the lot size, 2) altering the & overall coverage, 3) other minor site modifications, 250 Quarry Hill Road. The Development Review Board held a public hearing on January 15, 2013. The Appellant was represented by Mark Sperry and Andrew Thomas. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The Appellant is appealing the decision of the Administrative Officer to deny site plan application #SP-12-41 to amend a previously approved plan for a 100 unit assisted living facility, 250 Quarry Hill Road. Site plan application #SP-12-41 seeks to amend a previously approved plan to construct a 100 unit assisted living facility. The amendment consists of: 1) increasing the lot size, 2) altering the overall coverage, 3) other minor site modifications, 250 Quarry Hill Road. 2. The owner of record of the subject property is Quarry Hill Senior Living, LLC. 3. The subject property is located in the Residential 12 Zoning District. 4. Application #SP-12-41 was received on or about April 16, 2012. 5. The Administrative Officer deemed application #SP-12-41 complete on August 6, 2012. 6. The plan submitted consist of a two (2) page set of plans, page one entitled, "Lodge at Quarry Hill Assisted Living Facility 250 Quarry Hill Road South Burlington, VT", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated December 20, 2012. 7. The Administrative Officer issued a decision denying application #SP-12-41 on September 4, 2012. 8. Appeal #AO-12-03 was received on September 17, 2012. 9. The applicant submitted a letter dated December 27, 2012 from Mark L. Sperry. -1— CAUsers\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41_250QuarryHillRd_Deslauriers_ffd.doc #AO-12-03 #S P-12-41 DEVELOPMENT REVIEW BOARD APPROACH TO HEARING During the public hearing, the Development Review Board took testimony on three (3) aspects of the application: a) On the DRB's authority to grant application #SP-12-41; b) On the demonstration of intent to pursue the furtherance of the project between the inception of the project in 2009 and September 2012 c) On the merits of application #SP-12-41. For the reasons outlined below, the DRB did not find it necessary to take testimony on the merits of the appeal of the Administrative Officer's decision. DRB AUTHORITY TO GRANT APPLICATION #SP-12-41 The applicant argued, in its letter of December 27, 2012, that the Development Review Board has additional authority beyond that of the Administrative Officer to grant application #SP-12- 41, pursuant to Section 17.04(B) of the Land Development Regulations. Section 17.04(B) provides, in part: Expiration of approvals. Conditional uses, variances, and site plan approvals shall expire six (6) months from the date of their approval by the Development Review Board or administrative officer, unless there is a reasonable amount of objective evidence of intent to pursue the furtherance of the project for which the permit was issued. Upon review of the relevant sections of the Land Development Regulations, the Development Review Board concurs that it has the authority to determine that a site plan approval did not expire six (6) months from the date of the approval IF the applicant demonstrates a reasonable amount of objective evidence of intent to pursue the furtherance of the project. DEMONSTRATION OF INTENT TO PURSUE FURTHERANCE OF THE PROJECT The applicant, in its letter of December 27, 2012, presented arguments in support of its claim that it had intended to pursue the furtherance of the project. Upon review of the evidence of provided by the applicant, the Development Review Board concurs that the applicant has demonstrated a reasonable amount of objective evidence of intent to pursue the furtherance of the project for which the permit was issued. In addition to the history of approvals and permits sought by the applicant between April 2010 and April 2012, the letter identified $2,429,705 in expenditures between project inception in 2009 and October 27, 2011, and $225,741 in expenditures between October 28, 2011 and September 4, 2012. Based on this information, the Board determines that it is not necessary to take evidence or render a decision on the act of the Administrative Officer, as the Development Review Board has authority, upon a demonstration of a reasonable amount of objective evidence of intent to pursue the furtherance of the project for which the permit was issued, to determine that a site -2— CAUsers\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41_250Qua"HillRd_Deslauriers_ffd.doc #AO-12-03 #SP-12-41 plan approval did not expire. The Land Development Regulations do not grant such authority to the Administrative Officer. REVIEW OF SITE PLAN APPLICATION #SP-12-41 DIMENSIONAL REQUIREMENTS Overall coverage is decreasing to 48.5%. Setback requirements are being met and are unchanged from previous approvals. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A) (6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. The proposed amendments are consistent with the Comprehensive Plan. B(1) 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 proposed project accomplishes a desirable transition from structure to site and from structure to structure. There previously were some concerns about safe pedestrian movement through the parking lot. The applicant is proposing sidewalks which serve the entrance to the building from both the street and the parking area, as well as improvements to the parking area which facilitate movement through the access aisles. There is also a break in the center island and a striped safe crosswalk area. According to Table 13-1 of the South Burlington Land Development Regulations, the proposed 100-unit congregate care facility will require 60 parking spaces (0.6 parking spaces per dwelling unit). The applicant is proposing to provide 60 parking spaces on site. According to Table 13-7 of the South Burlington Land Development Regulations, the proposed project will require three (3) handicapped -accessible parking spaces; four (4) spaces are currently depicted on the plans. B (2) Parking: (a) Parking shall be located to the rear or sides of buildings. -3— CAUsers\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41 _250QuarryH illRd_Deslauriers_ffd.doc #AO-12-03 #S P-12-41 (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all proposed parking areas that are both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one- half of the total building width of all buildings on the lot that ore located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C) (2) (b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. The subject property is considered a corner lot. Subject to section (d) above, the DRB may allow parking between the building and the public street provided that the parking is located between the building and side yards. The parking on this lot is proposed to be what the Board has deemed a side yard and therefore in compliance with this regulation. B (3) 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 applicant has not requested a height waiver as part of this application. B (4) 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 South Burlington Land Development Regulations, any new utility lines shall be underground. -4— CAUsers\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41 _250QuarryH iliRd_Deslauriers_ffd.doc #AO-12-03 #SP-12-41 C (1) 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 submitted typical building elevations for multiple sides of the proposed buildings The Board has reviewed these for consistency with this criterion and finds them acceptable. C (2) 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 typical building elevations for the proposed buildings. The Board has reviewed these for consistency with this criterion and finds them acceptable. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: A. The reservation of land maybe 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. The proposed project is part of a larger residential planned unit development. The Board finds that it is not necessary to require any specific access easements at this time. 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. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. C. All dumpsters and other facilities to handle solid waste, including compliance with any 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). All dumpsters and solid waste facilities shall be accessible, secure, and screened to the satisfaction of the Development Review Board. A screened dumpster is shown on the plans. D. Landscaping and Screening Requirements Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street parking areas with twenty (28) or more parking spaces, at least ten percent (10%) of the interior of the parking area shall be landscaped with trees, shrubs, and other plants. At least one (1) major -5— CAUsers\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41_250QuarryHillRd_Deslauriers_ffd.doc #AO-12-03 #SP-12-41 deciduous shade tree, whose caliper is equal to or greater than two and one-half (2.5) inches when measures six (6) inches above ground at the time of planting, shall be provided for every five (5) parking spaces. The applicant has submitted a landscaping plan in accordance with Sections 13.06(F) and 13.06(G) of the Land Development Regulations. The City Arborist has reviewed the plans and provided comments in a memo dated April 16, 2010. The minimum landscaping requirement, based on building costs, is $142,500, which is being met. Pursuant to Section 13.06(B) of the South Burlington Land Development Regulations, adequate snow storage areas and a bicycle rack are shown. E. Modification of standards. Not applicable. OTHER - Performance Standards — Section A.3 (b) Noise (ii) It shall be a violation of these Regulations for any property owner to create or allow the creation of noise in excess of the following stated limits in the City during the hours of 12:00 AM and 8:00 AM: a. 45 d8A based on a one -hour average measured at any point where the property on which the noise emanates adjoins any property used for residential purposes. The applicant has proposed to provide a "sound screening" around the proposed generator and chiller on the property. Based on an analysis of such a "sound screening" provided by the applicant, the Board finds the performance standards of these regulations will be met with the installation of the "sound screening" 1101:Ud IT►1 Motion by Tim Barritt, seconded by Bill Miller, to grant Administrative Officer appeal #AO-12-03 and to approve Site Plan application #SP-12-41 to amend a previously approved plan to construct a 100 unit assisted living facility. The amendment consists of: 1) increasing the lot size, 2) altering the building & overall coverages, 3) other minor site modifications, 250 Quarry Hill Road. 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. -6— C1Users\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41_250QuarryHillRd_Deslauriers_ffd.doc #AO-12-03 #SP-12-41 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 show "sound screening" around the emergency generator and the chiller to comply with the performance standards. 4. The size of the elevators in the proposed buildings shall be sufficient to hold a stretcher. 5. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 6. The applicant shall adhere to the comments of the South Burlington City Arborist per the memo dated April 16, 2010. 7. The applicant shall adhere to the comments of the South Burlington Water Department in a letter dated April 16, 2009. 8. Occupancy shall not take place in the proposed building until the applicant has obtained final water allocation approval from the South Burlington Water Department. 9. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit. 10. The applicant shall adhere to the comments of the South Burlington Public Works Director/City Engineer per the memo dated April 1, 2010. 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. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 12. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 13. The applicant shall adhere to the comments of the Fire Chief dated 4/6/2010. 14. All new exterior lighting shall consist of downcasting, shielded fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 15. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the proposed building will generate 26 additional vehicle trip ends during the P.M. peak hour. 17. Prior to permit issuance, the applicant shall post a $142,500 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. -7— C:\Users\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41_250QuarryHillRd_Deslauriers_ffd.doc #AO-12-03 #SP-12-41 18. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the building. 19. Any changes to the site plan shall require approval of the South Burlington Development Review Board. Tim Barritt— vea nay abstain not present Mark Behr — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present Michael Sirotkin — yea nay abstain not present Bill Stuono — yea nay abstain not present Motion carried by a vote of 6 — 0 — 0 Signed this 22nd day of February 2013, by Digitally signed by Mark C. Behr Mark C. Behr em =MarkC.Behr, o,ou, emaitil=mark@rhbpc.com, c=US Date: 2013.02.22 06:33:08-05'00' Mark Behr, Chair 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 to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont4udiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. -8— C:\Users\Mark\Documents\South Burlington DRB\2.19.13 Meeting Decisions\AO_12_03 & SP_12_41 _250QuarryH illRd_Deslauriers_ffd.doc